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19960196512RECORDED AT THE REQUEST OF AND RETURN TO: E Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder CAPISTRANO VALLEY WATER DISTRICT 1��1pp No Fee 32450 Paseo Adelanto CAPISTRANO VAL91111IIIIIIIIIIIIIuII IIIII San Juan Capistrano, CA 926%4TER DISTRICI 19960196512 04;36pm 04/19/96 004 254333 20 50 MS4 ,DM r� E01.,17,,23 0.00 7.00 18.00 0.00 0.00 0.00 0.00 _NG MD :1 2 6 190. I 7N, -00 _iEC ITI) PROJECT NAME OR NW&M CCrAME111TS H Easement through City of San Juan Capistrano Open Space Property from Lot D, Tract 13865 to Capistrano Valley Water District's Reed Reservoir (SP.. tl*. t . 1u for ftcor w'! Um) Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SECS. 6103 Georg'Ami Scott, Board Clerk f EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SAN JUAN CAPISTRANO ("GRANTOR") i does hereby grant to Capistrano Valley Water District, a public corporation ("GRANTEE"), a perpetual, non-exclusive easement and right-of-way in, over, under, upon, along, through and across the real property, a portion of section 8, TSS, R7W, (east of lot D ,Tract 13865), situated in the City of San Juan Capistrano, County of Orange, State of California, as described in Exhibit "A" and shown on Exhibit "B" (sketch) attached hereto and by :his reference made a part hereof. Such easement and right-of-way shall be for water transmission purposes, including, without limitation, the right to enter upon, pass, re -pass along said land; to lay, construct, reconstruct, remove, replace, renew, inspect, maintain, repair, improve, relocate, fill or regrade, and otherwise use water pipelines and facilities; to deposit tools, implements and other materials during said work, together with such connections, structures and facilities incidental thereto. The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface of the easement area for such proposes which do not burden the rights herein granted, included but not limited to construction, emergency, recreational, and equestrian access, and provided further that Grantor, its successors and assigns shall not, without the prior written consent of the Capistrano Valley Water District: 1. Construct or place any street, alley, roadway or any other improvement or structure within the easement area. 2. Place upon or remove from the easement area any earth or material. \EMO\DVITTRCTS\13886\E TREED.DOC 1 of 2 0 BY: ATTEST: J 0 "GRANTOR" CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 2of2 0 0 EXHIBrr `°A" LEGAL DESCRIPTION An easement over that portion of Section 8, Township 8 South, Range 7 West of San Bernardino meridian, in the City of San Juan Capistrano, County of Orange, State of California, according to the Official Plat of said land filed in the District Land Office, April 12, 1875, described as follows: Beginning at a point in the easterly line of Lot D of Tract No. 13865 as shown on a map filed in Book 679, Pages 34 through 41, inclusive, of miscellaneous maps, in the office of the County Recorder of said county, said point being South 03°28'08" West 210.66 feet along said easterly line from the northerly terminus of that certain course shown as "N 03°28'08" E 654.29"`; thence leaving said easterly line, South 36°20'18" East 68.83 feet; thence South 48°41'52" East 159.85 feet; thence South 74°36'47" East 480.76 feet; thence South 29°36'56" East 45.44 feet; thence South 89°33'25" East 44.90 feet to the westerly line of Parcel G.A. 904- 85 as described in the deed to Orange County Waterworks District No. 4 recorded April 1, 1964 in Book 6986, Page 23 of Official Record, in the office of the County Recorder of said County; thence along said westerly line, South 00059116" West 333.62 feet; thence leaving said westerly line North 89°33'25" West 38.10 feet to the northwesterly line of that certain 20.00 feet wide easement granted to Orange County Water Works District No. 4 per deed recorded February 6, 1964 in Book 6914„ Page 564 of said Official Records; thence along said northwesterly line; South 36°06'29" West 95.99 feet; thence leaving said northwesterly line, North 53°53'31" West 35.21 feet; thence North 00006'02" East 140.08 feet; thence North 11°26'08" East 245.91 feet to a point on a line parallel with and 35.00 feet southwesterly, measured at right -angles from the course hereinabove described as "South 29°36'56" East 45.44 feet", thence North 29036'56" West 21.76 feet along said parallel line to a point on a line parallel with and 35.00 feet southerly, measured at right angles from the course hereinabove described as " South 74°36'47" East 480.76 feet"; thence North 74°36'47" West 474.32 feet along said parallel line to a point on a line parallel with and 35.00 feet southwesterly, measured at right angles from the course hereinabove described as "South 48°41'52" East 159.85 feet" and its southeasterly prolongation; thence North 48°41'52" West 167.91 feet along said parallel line; thence North 85°54'32" West Revised: February 2, 1996 November 9, 1995 Page 1 of 2 W.O. #1443-13726 H&A Legal No. 3966 Prepared By: B. Foss 0 22.60 feet to the easterly line said Lot D; thence North 03°28'08" East 80.27 feet along said east- erly line to the point of beginning. As shown on Exhibit "B " attached hereto and by this reference made a part hereof. Tom R. McGannon, RCE 23956 Registration Expires 12/31/97 u No.23956 n Y Exp. 12131/97 Revised: February 2, 1996 November 9, 1995 Page 2 of 2 W.O. #1443-13726 H&A Legal No. 3966 Prepared By: B. Foss 1 _41 EXHIBIT "B" Sketch to Accompany Legal Description, ` N �� m ry _O E uy'1 ry 21 �$ r w - oM ` F8 Z � a $rL 6 tiF876.) . $c,$h �"�' Fps � . � S7 •... ... /NV 74 36'x2., a8p 6 _ 529 5q ' 56 W - ---°S 3 25'E b ata 3 g9'3 1'a ? ----- � U'' 449C Y N Q - O V: J) N ni ..... O Q � r s 00 z , N89. .. gyp•, .?8�pJ3?S• N53"53'31 "W � _-- / ' :.. ;. 35.21 s .-' Q S j 9539 0 s•• tK INDICATES EASEMENT AREA ®Hunsaker & Associates EASEMENT Irvine, Inc. FOR WATERLINE PURPOSES Three Hughes, /rine, CA 92718 • (714) 583-1010 Planning . Engineering • Surveying CITY OF SAN JUAN CAPISTRANO• COUNTY OF ORANGE, STATE OF CALIFORNIA °"M` 11-9-95 "Am 2-06-96 e",.° B. Foss `s;' H. Foss SCALE: 1"=150'W.O. 1443-13726X K \DT\1443\13726\CALL\LD\3966\WTRESMT.DWG „° 1443-13726 1 H&A LEGAL No. 39661 SHEET 1 OF 1 0 0 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) On February 20. 1996 . before me, Dawn Schanderl .f�o j; � City Clerk, personally appeared Wyatt Hart (SEAL) Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. City Clerk OPTIONAL Description of Attached Document Easement Deed from City to Capistrano Valley Water District, Lot D_ Tract 13865 (Easement through Open Space to Reed Reservoir) Title or Type of Document Number of Pages February 20. 1996 Date of Document Deputes Clerk Signer(s) Other Than Named Above • Capistrano `Valley' Water District April 17, 1996 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I, Georg'Ann Scott, Clerk of the Board of Directors of Capistrano Valley Water District, do hereby certify that the attached instrument was duly approved and accepted by a unanimous vote at a Regular Meeting of the Board of Directors of Capistrano Valley Water District held on the sixteenth day of April, 1996. Ge rg'Ann Scott, Clerk of the Board UCORDAT.DOC P.O. Box 967, San Juan Capistrano, California 92693 ° Phone 714-493-1515 32450 Paseo Adelanto • San Juan Capistrano, California 92675 FAX 714-4933955