1975-1028_CAPISTRANO AIRPORT & INDUSTRIAL PARK_Easement Deed_11550 11781
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RECEIVED
MOV II 35 M 17 EXEMPT
CITY OF C2
SAN JUAN
CAPISTRA40
Recorded at request of, and return to:
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
IK 11550M 1178
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
San Juan Capistrano,
California 92675
Space above this line for Recorder's Use
Mail Tax Statements to:
DOCUMENTARY TRANSFER TAR
NO TAX DUE
Mary AnnHa oil, Ci y Cle k
San Juan Capistrano, California
Project No. 4101
Project: Smyth Bros., Inc.
Parcel No.
EASEMENT DEED
Capo Airport
FOR A VALUABLE. CONSIDERATION, receipt of which is hereby acknowledged,
CAPISTRANO AIRPORT AND INDUSTRIAL PARK, LTD.
do hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, a perpetual easement and right of way for
underground storm drain purposes in, on and over the real property in the City
of San Juan Capistrano, County of Orange, State of California, described as:
Parcels 1, 2 and 3 as more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof.
The aforesaid grant of easement shall be subject to and include the terms
and conditions set forth in the agreement for installation of storm drain
facilities and dedication of an easement therefor dated this 17th day
of September 1975, Which document is attached hereto as Exhibit "B"
and also made a part of this deed.
Dated rr7V,::3ee
STATE OF CALIFORNIA ) ULIAN WILLCOX
COUNTY,OF Ce,0.UGG ss apistrano Airport & Industria
On CSigned, C Noo, //r Pub before me, the J� BRUCE W
undersigned, a Notary Public in and for
h�a
said County and State, personally appeared
RUE INTON
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known to me to be the person whose name
ubscribed to the within instrument
and c nowledged that executed the same.
Signature of Ngtary
✓�l/NTH/H C . %//-1C✓l.c F/i
Name/(typed or printed) of Notary
FOR NOTARY SEAL OR STAMP
wtitinnr
OFFICIAL SEAL
CYNTHIA R. SHACKLETT
D
PUCLIC - CALIFORNIA
F,i.,rlGflice. Orange Co. Calif..
IMMMMAMM
MY Commission €rp. mar, 21, 1971
E
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City
California, do hereby certify that
and accepted at a Regular Meeting
Juan Capistrano held on September
DATED: Der_ -211, /Y79""
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(Partnership)
STATE OF CALIFORNIA
COUNTY
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1N 1 1550 61179
Clerk of the City of San Juan Capistrano,
the attached instrument was duly approved
of the City Council of the City of San
17, 1975.
Mary Anti Hanffver, City Clerk
City of San Juan Capistrano
SS.
before me, the undersigned, a Notary Public in and for said State, personally appeared
Julian Willcox and Bruce Winton
to he tb—partners of the partners of the partnership
that executed the within instrument, and acknowledged to me
that such partnership executed the same.
WITNESS y hand and official se [ /
Signature 4 NS.Lf.-ea
Cvnthia R. Shacklett
Name (Typed or Printed)
O
to me
O ss DIAL SEAL
J
CYhr:t:11 A R. SJACKLETT
i,. -CA "RNIA n
Principal Pi': ;-.;,;: a Co. Calif.
] My Colnmissioa Exp. Mar. 28, 1978
-assAP N�',f5I5NLVL'1L'"N.'�:."i X11
(This area for official notarial seal)
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of
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STATE OF CALIFORNIA
SS.
cot;r:,ty or Orange f
On —October 22 �1975 before me, the undersigned, a Votary Public in and for said
State, personally appeared —Brace Winton
known to me
to be the person —_whose name_ subscribed to the within instrument and acknowledged
that-he—executed the same. .�
OFFICIAL SEAL
WITNESS m hand and official seal. �C., CYNTHIA R. SHACRUI
�/�" NOTARY PUBLIC -CALIFORNIA
Signature wr-`ti- ' ` �'(Q ��� �' Rrincipal 01lice, Orange Co. Calif, a�
My Commission Exp. Mar. 28, 1978f
C nthia R._Shacklettti'•�titi�ti�
Name (Typed or Printed) (this arae for official notarial seal)
OKI1550P61180
EXHIBIT "A"
xSG1L 115SCSI?TT_O`i - RAS -14"Ui -OR DRAIMG6 PURPOS3S
PARCEL 1
That portion of Lot 9, Tract no. 6102,. rucoreed i -i B00% 235,
pages 10 and 11 of Misc311an_ous :daps, R=_cordo of Oranga
Countv, California, that is includ_d in a strip of land 20.00
feet 1n width, the cent_rlia3 of which in c:a scribed it -3 f011C',rs=
i h - -rt' a erl , r'. -_3 c
Beginning a a point in the ;,o_ _:-l.+�st_ y bar ^ca_s 1 i._ o_
abov3 mentioned Tract, that beara °iorth o5' 19' 39" 'a3t 1175.82
feet, dist-ant 171.25 LC?i- from tha 7709t Corn -:fir; thLilc2-,
departing from said line, So.:ch 21° 10' 36"Jc 50.37
to a point 1n 'the Soultheast_ilV boundary line OfF'i_1c1 `Tract, baing
a curve ccnc?v2 Sout1'__^astcrly :laving a ra.',=1:3 of 2B39.225 fC2t
and a central angle of 13° 14' 00"; a radial line :.o said point
bars !;3zth G=° 21' ,Ad' 11-31.
PARCEL 2 '
That r-ortion of land cow ed to Capistrano p,iroort
and industrial Par'<, a California Limited ?artn2rs-in,
by dead recorded Nove.:5er 23, 1966, in Boo': 8110, Pac,o 791.
Official n -Cords of' Orange Co'1.*1`_v, California, that is
xnclUdea in a ship of land 20.00 Tfeet La widt-h, -he
centerl'_II9 or A4.q-c1 is C23cZihed as Z0110143:
Degirming at a point in the Xor�m tivesterly boan'2a- 11n=
of Tract O. 641-02)l that bears ort-, 0-301-9-39" East
1175.82 foet, as sown on a mao recoraed 1 0 -�5
Pages 10 and 11 Of _ SC..^_3_.-Or13 _.' S5, ,.t CO.. d..a OiO- c _'�
ns -
County, C.^..1= -E mi3, dintant 171.2[3 fear it Jn-,
Easterly' Cori.-= 0 said =C`; uZ�RC•2 C �artL ii C
said ii^a, '_icrt?: 2104011611 iScst 80.71 feat to a
1n a line desC=?*ed a3 A7or i -n 6602S'3J" -ast ,350.00 --0
on z co_ 1 D_cct5er 30, 1970, in 20o;c 9505, page
29-_, Oa-icial ^2Coras Of Or=;a County, Cal i=or ia, C- st r_t.
277.5-0 feet ±r -nm the Piorc::easter_y to minus.
PARCEL 3
That portion of land conveyed to the City of San Juan Capistrano,
a municipal corporation by deed recorded February 27, 1969, in
Book SS -05, p--ges 960 and 961, Official Records of Orange County,
California, that is included In a strip of land 20.00 feet in
width, the centerline of which is described as follo:vs:
Beginning at a point in a line, described as North 660 23' 36" East
1850.00 feet on a deed recorded December 30, 19710, in Elook 9505,
Page 294, Official Records of Orange County, California, distant
277.56 feel from the iicrtheasteriy terminus; ihence departing from
said lin_, North 21 40' 36" We5t 133.35 feet to a point on the
Southeasterly lire of a right.of way granted to the Orange County
Flood Control District by deed recorded August 23, 1962, in flook
6223, Page 342, Official Records of Orange County, California;
said point bein_, N:orlh 690 19' 24" East 1103.17 feet fra-n the
Easterly iermin;is of a curve as described in said deed as being
concave Southeasterly, having a rrdius of 1;;75.00 fcot, a central
anile of 4010 30' 20" and a distance of 1SEt'7.3:.
EXHIBIT "A"
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EXHIBIT !'A"
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EXHIBIT "B"
AGREEMENT FOR THE INSTALLATION OF
STORM DRAIN FACILITIES AND DEDICATION
OF AN EASEMENT THEREFOR
(CAPISTRANO AIRPORT)
THIS AGREEMENT is made as of this 17th day of September ,
1975, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter
called "CITY" and CAPISTRANO AIRPORT AND INDUSTRIAL PARK, LTD.,
hereinafter called "AIRPORT."
W I T N E S S E T H
WHEREAS, as a condition of development of its project,
the Veta Company is required to construct a storm drain on and
across a portion of property owned by AIRPORT; and
WHEREAS, said storm drain, designated as Facility LO1SO5
in CITY'S adopted "Master Plan of Drainage", is to be dedicated to
CITY upon completion of construction together with an easement on
and across the aforesaid AIRPORT property; and
WHEREAS, Veta has made satisfactory arrangements and
provisions with AIRPORT for the construction and installation of
the storm drain facilities across AIRPORT'S property; and
WHEREAS, AIRPORT is willing and able to convey the said
storm drainage facilities together with an appropriate easement
therefor to the CITY.
NOW, THEREFORE, in consideration of the premises and the
promises hereinafter contained, CITY and AIRPORT agree as follows:
1. Airport shall grant to City a perpetual easement for
underground storm drain purposes over and across its
property in accordance with Exhibit "A" attached hereto
and made a part hereof. The Grant Easement shall per-
mit the City to enter upon the surface of the property
for the purpose of operation and maintenance of the
storm drain system. The City shall, however, in no
event have the right to use the surface of the land
for the purposes of constructing fences or parking any
of its equipment thereon except for temporary maintenance
purposes, and only when specificially authorized by
Airport. The Airport shall retain the right to use the
surface of the property herein conveyed in accordance
with the terms of this Agreement. The City further
agrees that ordinary repair and maintenance shall be
conducted off-site and that the surface of the land
herein conveyed shall not be used unless such maintenance
and repair cannot be accomplished without entry upon the
surface.
2. AIRPORT further grants to the CITY a temporary easement
for such time as may reasonably be required to enter upon
its property to install the aforesaid storm drain facility.
3. AIRPORT may construct roads, utilities, and buildings in,
on and over the storm drain easement provided that such
improvements are approved by the City Engineer. AIRPORT
and CITY mutually agree that should entry upon the surface
of the easement be required for the maintenance and opera-
tion of the storm drain facility, each will cooperate with
the other to minimize the disturbances to the surface and/
or improvements. If, however, the City Engineer determines
EXHIBIT "B"
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fix 11550P61183
that the operation or maintenance cannot be accomplished
off-site and that entry upon the surface of the easement
is required for the protection of the public health,
safety and welfare, CITY may enter upon the property
and perform the necessary maintenance or repair without
obligation or liability to AIRPORT for any damages or
compensation. CITY shall, however, restore the surface
of the easement to its pre-existing condition as nearly
as practicable under the circumstances.
4. AIRPORT shall, accordingly, insure that any and all
structural construction within said storm drain easement
shall be designed and engineered in such a manner that
resultant surcharge loading shall not cause structural
damage to said underground storm drain.
a. Surcharge loading shall mean any loading upon
CITY'S storm drain conduit in excess of that
natural loading applied by the soil in the
conduit trench.
b. Structural construction shall mean any con-
struction exclusive of streets and roads,
parking areas, curbs and gutters, sidewalks,
landscaping, and pedestrian walkways construction.
5. No material or equipment, exclusive of aircraft and
vehicles, may be stored within the said easement without
prior written approval of the City Engineer.
City Engineer shall not unreasonably withhold such
approval and shall deny such use only if the storm
drain conduit would be structurally endangered by
such a use.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year hereinabove first written.
ATTEST:
1-7
RY AN19 HANOVER, CITY CLERK
APPROVED AS TO FORM:
ES S. OKAZAKI, CITY A&TORNEY
CITY OF SAN JUAN CAPISTRANO
CAPISTRANO AIRPORT AND INDUSTRIAL
PARK, LTD.
EXHIBIT "B"
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