05-0429_CALIFORNIA, STATE OF_Agreement and Grant of Easement_2005000327515RECORDING I,EQUESTED BY
FIDELITY NAT:9NAL TITLE
WHEN RECORDED MAIL TO
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
qq -
This Document' s electronically recorded by
Fidelity National Major Accounts
Recorded in Official Pecords, Orange County
Tom Daly, Clerk -Recorder
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2005000327515 08:00am 04/29/05
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ABOVE
Agency: California Dept of Highway Patrol
AGREEMENT AND GRANT OF EASEMENT
Project: Capistrano Area Office
PUBLIC STORM WATER DRAINAGE File: TR03 057-E
THIS AGREEMENT AND GRANT OF EASEMENT is made and entered into by and between the STATE
OF CALIFORNIA, acting by and through its Director of the Department of General Services, hereinafter
called State, and the CITY OF SAN JUAN CAPISTRANO, hereinafter called Grantee.
State, pursuant to the provisions of Section 14666 of the Government Code of the State of California,
hereby grants unto Grantee, its successors and assigns forever, an easement to locate, relocate,
construct, reconstruct, alter, use, maintain, inspect, repair, replace and remove an underground pipeline
for public storm water drainage, together with appurtenant manholes and underground facilities deemed
necessary therefore by Grantee, over, on, under and across that certain real property situated in the
County of Orange, State of California, described as follows:
A strip of land of the uniform width of 20 feet, lying contiguous to and northeasterly of the
southwesterly boundary line of the parcel of land described in the Agreement for the Transfer of
Control and Possession of Land Owned by the Department of Transportation, State of California,
dated June 27, 1975 and recorded in Book 11500 of Official Records at Page 1107, Orange
County Records.
THE PROVISIONS ON THE REVERSE SIDE HEREOF CONSTITUTE A PART OF THIS AGREEMENT.
Dated 1"M2/L U e-, ZOOS—
STATE OF CALIFORNIA
Department of General Services
GRANTEE: CITY OF SAN JUAN CAPISTRANO
By
Title �,,,�tc���✓�,1��7`
By -
Title
PROVIDED, this Grant of Easement is subject to the following terms and conditions:
1. This Grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims
which may affect said real property and the use of the word "Grant" herein shall not be construed as a
covenant against the existence of any thereof.
2. Grantee waives all claims against State, its officers, agents, and employees, for loss or damage caused
by, arising out of, or in any way connected with the exercise of this Easement, and Grantee agrees to
protect, save harmless, indemnify, and defend State, its officers, agents and employees, from any and
all loss, damage or liability, including, without limitation, all legal fees, expert witness or consultant fees
and expenses related to the response to, settlement of, or defense of any claims or liability, which may
be suffered or incurred by State, its officers, agents and employees caused by, arising out of, or in any
way connected with exercise by Grantee of the rights hereby granted, except those arising out of the
sole negligence of State.
3. State reserves the right to use said real property in any manner, provided such use does not
unreasonably interfere with Grantee's rights hereunder.
4. State reserves the right to require Grantee, at State expense, to remove and relocate all improvements
placed by Grantee upon said real property, upon determination by State that the same interfere with
future development of State's property. Within 180 days after State's written notice and demand for
removal and relocation of the improvements, Grantee shall remove and relocate the improvements to a
feasible location on the property of State, as designated by State, and State shall furnish Grantee with
an easement in such new location, on the same terms and conditions as herein stated, all without cost to
Grantee, and Grantee thereupon shall reconvey to State the easement herein granted.
5. This Easement shall terminate in the event Grantee fails for a continuous period of eighteen (18) months
to use this Easement for the purposes herein granted. Upon such termination, Grantee shall forthwith
upon service of written demand, deliver to State, at no cost to State, a Quitclaim Deed, to its right, title
and interest hereunder. Should Grantee fail or refuse to deliver said Quitclaim Deed, State may record,
in the Recorder's Office of the County in which said real property is located, a written notice reciting said
failure, and such recordation shall, after ten (10) days from the date of recordation of said notice, be
conclusive evidence of such termination against Grantee. Grantee shall, upon State request, without
cost to State, and within ninety (90) days from said State request, remove all property placed by or for
Grantee upon said real property and restore said premises as nearly as possible to the same condition
as they were in prior to the execution of this Easement. In the event Grantee should fail to restore said
premises in accordance with such request, State may do so at the risk of Grantee, and all costs of such
removal and restoration shall be paid by Grantee upon demand.
6. In making any excavation on said real property of State, Grantee shall make the same in such manner
as will cause the least injury to the surface of the ground around such excavation, and shall replace the
earth so removed by it and restore the surface of the ground and any improvement thereon to as near
the same condition as they were prior to such excavation as is practicable.
7. Grantee understands that this Easement is within Capistrano Area Office, a state law enforcement
facility, and Grantee agrees to contact the authorities in charge of said facility prior to any entry upon
said land and to abide by such regulations and restrictions for access as the authorities in charge of said
facility may impose.
8. This Easement occupies the same strip of land as that easement for underground sanitary sewer
pipeline granted by State to Grantee by document dated April 4, 1980 and recorded May 15, 1980 in
Book 13608 on Page 1028, Official Records of Orange County.
9. Grantee shall comply with the mitigation measures adopted for this project pursuant to the certified
Environmental Impact Report or Negative Declaration.
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code It 81)
On October 6, 2004 before me, Margaret R. Monahan, City Clerk personally appeared Nasser
Abbaszadeh, Engineering & Building Director, personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacity, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
(SEAL)
Capacity Claimed by Signers
Engineering & Building Director
Title
Signers are Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
Monahan, City Clerk
OPTIONAL
Description of Attached Document
Agreement and grant of easement — public
storm water drainage
Title or Type of Document
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
} ss.
County of J
On �/ �`� O ra?Dd5 before me, LTJ
Data and Tula Cancer Y
yagle (e.g.,'Jane Doe, Notary Vubl¢"1
personally appeared
KIMBERLEY FUJII
�f1OMY
Comr•. # 1427472 N
NOV' ULIC-CALIFORNIA
told County
Comm Evphet June3.� O2W1
Xpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persons whose name(* is/aw
subscribed to the within instrument and
acknowledged to me that he/sIle/Wey executed
the same in his/fjedthem authorized
capacitypesj' and that by his/befftheir
signature(s) on the instrument the persor),(e), or
the entity upon behalf of which the personj%K
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Not b�.,_
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: _ / ._.—
Signer(s) Other Than Named Above:
Signer's Name:
❑ Individual
❑ Corporate Officer —
El Partner — CI Limited
C Attorney -in -Fact
ILl Trustee /
U Guardian onsery
Ll Other.
Signer Is Representing:
Title(s):
❑ Ger
'J 1999 National NNary ASeo ilon - 9350 De Sono Ave P 0. Do. 2402 - CIIalSworlh CA 913132402 -.. raitmnalnetary.ory Pro. No 5907 Reorder Call Toll Free 1 -BM -876 6627
Government Code 27361.7
I certify under the penalty of perjury that the notary seal on
this document read as follows:
Name of Notary: Kimberley Fujii
Date Commission Expires: 06/30/07
County where bond is Filed: Yolo
Commission No.: 1427472
Manufacturer/Vendor No.: VS11
Place of execution - Newport Beach
FIDELITY NATI N T L OMPANY
Date - April 28, 2005