06-0908_CALIFORNIA, STATE OF_Agreement and Grant of Easement_2006000603760 • This Documents electronically recorded by
Fidelity tonal Major Accounts
RECORDING REQUESTED BY:
Recorded in Official Records,Orange County
FIDELITY NATIONAL TITLE INSURANCE CO. Tom Daly,
,prynNClerk-Recorder
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WHEN RECORDED MAIL TO: �WBNINBIIIYWBWYItlWYlYII11IIWtlI1111WYp NO FEE
2006000603760 04:30pm 09/08/06
105 13 Al2 E01 9
Margaret R. Monahan, City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
ORDER NO. 1648-BB (SPACE ABOVE THIS LINE FOR RECORDER'S USE)
AGREEMENT AND GRANT OF EASEMENT--
PUBLIC STORM DRAINAGE
This is being re-recorded to include a second Certificate of
Acceptance, because the first had an incorrect reference .
4�QUFSTEDThis Documens electronically recorded by
FIDEL TY vA FiON/U TITLE� Fidelity Mional Major Accounts
wx-f1f,
RECORDING REQUESTED BY: Recorded in Official Records,Orange County
Tom Daly,Clerk-Recorder
City ofSan Juan Capistrano
32400 Paseo Adelanto 111INIIIIIIIII��IIIIII
San Juan Capistrano, CA 92675 Illd IIE NO FEE
2006000595489 02:32pm 09/06/06
AND WHEN RECORDED, MAIL TO: 117 48 E01 7
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
This Space for Recorder's Use Only
Title of Document:
Agreement and Grant of EAsement -- public storm water drainage
California Dep of Highway Patrol
File: TR03 057-E
Re-recorded to include Certificate of Acceptance
REcokumi a (,EQUESTED e# This DocumentAs electronically recorded by
FIDELITY NATIONAL TITLE Fidelity lWonal Major Accounts
WHEN RECORDED MAIL TO Recorded in Official Pecords, Orange County
Tom Daly, Clerk-Recorder
City of San Juan Capistrano NNIIININIIININNINNINNIININIIININNIIINNINININ 24.00
Office of the City Clerk
32400 Paseo Adelanto 2005000327515 08:00am 04/29/05
San Juan Capistrano, CA 92675 200 73 Al2 E01 5
0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00
I I
I q q 49 SPACE ABOVE THIS LINE FOR RECORDER'S USE
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 412/Ly e , 2oaS'
STATE OF CALIFORNIA GRANTEE: CITY OF SAN JUAN CAPISTRANO
Department of
General Services
By L �!� By
Title — C ONEG✓ Title ✓ l
APPROVED:
Cal' epartme *ofiva P rol
gy �--✓� BY
Title
SD
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 1181)
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)
NIM WITNESS my hand and official seal.
IM Marg et Monahan, City Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Engineering&Building Director Agreement and grant of easement — public
storm water drainage
Title Title or Type of Document
Signers are Representing
City of San Juan Capistrano
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of i
On A.�.Pit O/ 4;;W5 before me, sY//J7ff3DiE�f
Data .r a antl/T,IIe Olhcer(e 9-,`Jane Doe,Notary eublic
personally appeared f1j�ienoifi( r• 7� __,
Names)or Sigurns)
2personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personj* whose name(so isf wi
subscribed to the within instrument and
acknowledged to me that hefsY,e
g ligey executed �
KIMBERLEY FUJII the same in his/Fjarftherr authorized
ComrT #1427472 capacity4ei and that by his/beetpeir
U) My COMM Erp�ree June 30,2007 Y upon NOTt(R'UKIC-CALIFORNIA N signatures} Pon the instrument the persorAo, or
vola CaUUty ,, the entit u behalf of which the erson
acted, executed the instrument. .i
WITNESS my hand and official seal.
signature or Not ` ,I
OPTIONAL
Though the information below is not required bylaw,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.�C EcJ�/J�l�ivT 9� yF d>` .S'_�1 f-tJT
i; Document Date: P�� L 6/ fps Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) ai
( Signer's Name:
I L Individual tin of thN Hers l
Ll Corporate Officer — Title(s): I
Ll Partner — Fi Limited ❑Ge
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian onservator
i ❑ Othe .
Signer Is Representing:
v 1999 Nanonal Notary Aeecrianon.935o oe sNo Ave.,P 0So.2402 enata.udi CA 913.2402.xww.nallonamNary org Prod No 51 Reorder Cell TO Fraa t-&i i
a �
Government Code 27361 .7
1 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 Date - April 28, 2005
FIDELITY NATI N I
T L OMPANY
0 0
CITY OF SAN JUAN CAPISTRANO
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN JUAN CAPISTRANO )
This is to certify that the interest in real property conveyed by the Agreement and
Grant of Easement — Public Storm Water Drainage to locate, relocate,
construction, 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 under and across certain real property situated in the County of
Orange, State of California on 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 by the State of California
Department of General Services and approved by the California Department of
Highway Patrol and granted to the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, is hereby accepted by order of the City Council on
September 5, 2006, pursuant to Resolution No. 06-09-05-03 and the grantee
consents to recordation thereof by its duly authorized officer.
MaUe . Monahan, City Clerk
Cituan Capistrano
Damber 5, 2006
CERTIFICATE OF ACCEPTANCE
CITY OF SAN JUAN CAPISTRANO
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN JUAN CAPISTRANO )
This is to certify that the interest in real property conveyed by the Agreement and Grant
of Easement from the State of California to the CITY OF SAN JUAN CAPISTRANO, a
Municipal Corporation, dated April 8, 2005 and recordeein the Official Records, Orange
County, Document Number 2005000327515, is hereby accepted by order of the City
Council on September 5, 2006, pursuant to Resolution No. 06-09-05-03, and the
grantee consents to rec rdation hereof by its duly authorized officer.
M gar t R. Monahan, City Clerk
City of an Juan Capistrano
Date: September 8, 2006
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 118 1)
On September 8, 2006 before me, Laura Hendrix, Deputy City Clerk personally appeared
Margaret R. Monahan, City Clerk 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.
WITNESS my hand and official seal.
��Ct- 11�lrdt4�
Laura Hendrix, Deputy City Clerk