Loading...
1975-1028_CAPISTRANO AIRPORT & INDUSTRIAL PARK_Easement Deed_11550 11781 L, a Ll L P r• r 30079 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 x — — 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"" t W W x W a a �I W ro <aa c (Partnership) STATE OF CALIFORNIA COUNTY L] 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) l of 0 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" -1- :.? 636. I EXHIBIT !'A" -2- • eK 1155OPC 1 181 \ _T'O 4ccolsflAlVy • L eGAL OESC.� /f 1 /ON z ,, X125. 1 �/� � •� � 09 ro i v fj � R'J 0 � • W I EXHIBIT !'A" -2- • eK 1155OPC 1 181 \ _T'O 4ccolsflAlVy • L eGAL OESC.� /f 1 /ON z ,, X125. 1 �/� � •� � 09 ro � Q I•! 1 f f� I > e rn .4 N( w N l V I SAG L /N ENG/v:�S�NC coy • Ta/ 9LC DR 1 1 vz)Vrb 1 1 tir 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" -1- 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" -2-