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12-116_SAN JUAN CAPISTRANO, CITY OF_Easement Deed " CCS-NFORMtb COPY Not Compared with Origi6a.l RECORDED AT THE REQUEST OF, Recorded in Official Records, Orange County WHEN RECORDED MAIL TO: Renee Ramirez,Assistant Clerk-Recorder 33,00 County of Orange * $ R 0 0 0 5 6 3 4 1 5 5 $ OC Public works 20130001220111:29 pm 02127113 Real Estate Services 90 414 X01 10 300 North Flower, 6` Floor Santa Ana,California 92703 0.00 0.00 0.00 0.00 27.00 0.00 0.00 0.00 Atte: Catherine Lapid Mail Tax Statements as shown above THIS SPACE FOR RECORDER'S USE ONLY This is to certify that this document is exempt from recording fees per Govt. Code Sec.27383 and is exempt from Documentary"Transfer Tax per ❑ Unincorporated Area Rev.&Taxation Code Sec. 11922. ® Incorporated, City of San Juan Capistrano By: OC Public Works/Real Estate Services Project/Parcel: L02-118 Project Name: Trabuco Creek Channel EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN JUAN CAPISTRANO, a municipal corporation hereinafter referred to as "GRANTOR", does hereby GRANT to ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as "DISTRICT," perpetual, easement (collectively, the "Easement") for flood control and water conservation purposes in, on,,along, over, under, through, and across that certain real property(hereinafter the "Easement Area") in the city of San Juan Capistrano, county of Orange, state of California, described in Exhibit "A" and shown on Exhibit 11811, bath attached hereto and by this reference made a part hereof. GRANTOR and DISTRICT (hereinafter sometimes jointly referred to as "Parties" or individually as "Party") agree to the following: DISTRICT`S rights shall include the right to operate, inspect, maintain, repair,replace, construct, and enlarge a flood control channel (hereinafter the "Facilities"), and shall include reasonable access to the Easement Area for the purpose of exercising the rights herein granted. L02-118 Trabuco CreekChannel Easement 10/14/2012(City 14.23.12) L . RIGHTS CONVEYED The Easement Area lies beneath GRANTOR'S Del Obispo Street Bridge ("Bridge")which crosses over the Trabuco Creek Channel as depicted on said Exhibit "B". The existing Bridge, including but not limited to any pier noses, structural footings or embankments which support the Bridge or the.adjoining Del Obispo Street("GRANTOR'S Improvements")are owned and maintained by GRANTOR, are expressly excluded from the Easement Area. GRANTOR covenants that GRANTOR shall not grant or transfer any rights or privileges in, on, along, under, through, across, or about the Easement Area without obtaining DISTRICT'S prior written approval. GRANTOR further agrees that: A. No buildings, permanent structures or additional earth fill shall be permitted within the Easement Area nor shall any block walls creating a water barrier across or within. the Easement Area be permitted; and, B. No improvements or structural renovations shall be constructed, placed or permitted about, within, upon,under or above the Easement Area by or,on behalf.of GRANTOR until such plans have first been approved in writing by the Director, OC Public Works, or designee, (hereinafter referred to as "Director") and a County Property Permit for such construction has been obtained from the County of Orange (hereinafter referred to as "County") with payment of normal processing fees therefor. DISTRICT agrees that such plans shall be approved or disapproved within a reasonable time following receipt thereof, and that approval will not be withheld without good cause. Director's approval of GRANTOR'S plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other governmental requirements. C. DISTRICT shall not be responsible nor share in the cost to operate, maintain, repair, or replace GRANTOR Improvements or other permitted improvements within, upon, under, above or abutting the Easement Area. 2. OPERATIONS AND MAINTENANCE All Facilities constructed or placed-within the Easement Area by or on behalf of DISTRICT shall be operated and maintained in a good state of repair by DISTRICT at no cost to GRANTOR. 3. HOLD HARMLESS (D1.1 N) GRANTOR acknowledges the Bridge and Easement Area may be subject to all hazards associated with flood conditions resulting in stormwater overflowing or "topping„the GRANTOR's Bridge. GRANTOR agrees to assume all risks, financial or otherwise associated therewith except as provided herein. L02-1 2 9'Trabuco CreekChannel Easement 2 10/14/2012(City 10.23.12) DISTRICT agrees to indemnify, defend with counsel approved by GRANTOR and save GRANTOR, and its elected and appointed officials, officers, agents, employees and contractors harmless from any or all penalties, liabilities or losses resulting from claims or court actions arising directly or indirectly out of any injury to persons or damage to property by reason of negligent acts of DISTRICT, its agents, employees or independent contractors employed by DISTRICT in the performance of any work or.maintenance within the Easement Area , If judgment is entered against GRANTOR and DISTRICT by a court of competent jurisdiction because of the concurrent active negligence of GRANTOR and DISTRICT; GRANTOR and DISTRICT agree that liability shall be apportioned as determined by the court. Neither party shall request a jury apportionment. For purposes of this section, GRANTOR acknowledges and agrees that DISTRICT shall not be deemed negligent in the maintenance and/or operation of its flood control facilities if DISTRICT operates and maintains the flood control facilities in substantial conformance with standard DISTRICT practices used for similar DISTRICT facilities.- Payment shall not be a condition precedent to recovery under the indemnity provided in this paragraph. 4. VENUE (DES9.1 S) The Parties hereto agree that this Easement Deed has been negotiated and executed in the State of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Easement Deed, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section. 394. Furthermore, the Parties hereto.specifically agree to waive any and all rights to request that an action be transferred for trial to another county. 5 SEVERABILITY(DES 10.1 S) If any terra, covenant, condition, or provision of this Easement Deed is,held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected,impaired, or invalidated thereby. G. NOTICES (DES 11.1 S) All notices,documents, correspondence, and communications concerning this Easement Deed shall be addressed as set forth in this paragraph, or as the Parties may hereafter designate by written notice, and shall be sent through the United States mail, duly registered or certified with postage prepaid. Any such mailing shall be deemed served or delivered twenty-four (24) hours after mailing. Each Party may change the address for notices by giving the other Party at least ten (10) calendar days prior written notice of the new address. Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery, regular.mail, or facsimile and, so given, shall be deemed to have been given upon receipt if provided by personal delivery or facsimile, or forty-eight (48) hours after mailing if provided by regular mail. L02-118 Trabuco CreekChannel Easement 3 10/10/2012(City 10.23.12) O To GRANTOR: To DISTRICT: City of San Juan Capistrano Orange County Flood Control District 32400 Paseo Adelanto c/o OC Public Works/Real Estate Services San Juan Capistrano, CA 92675 Re: Trabuco Creek L02-118 Facsimile: 949/493-1053 P.O. Box 4048 Santa Ana, CA 92702-4048 Facsimile No.: (714)$34-2870 7. SUCCESSORS AND ASSIGNS (DES 13.1 S) The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators,and assigns of the Parties hereto. 8. ENTIRE AGREEMENT (DES 15,1 S) This Easement Deed contains the entire agreement between the Parties with respect to the matters herein and there are no restrictions, promises, warranties or undertakings other than those set forth or referred to herein. Additionally, this Easement Deed supersedes all prior agreements and understandings between the GRANTOR and any other parties with respect to GRANTOR'S real property that is the subject of this Easement Deed, and in the event of a conflict between the terms of this Easement Deed and any other deed or agreement between GRANTOR or its predecessors in interest and another parties, the provisions of this Easement Deed shall prevail. 9. AT'TORNEY'S FEES (DES 17.1 S) In any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney's fees and costs. 10. AMENDMENTS (DES 19.1 S) No alteration or variation of the terms of this Easement Deed shall be valid unless made in writing and signed by the Parties, and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties. Any amendment or cancellation of this Easement Deed shall be recorded in the Official Records of the County of Orange. SIGNATURE PAGES FOLLOW L02-1 18 Trabuco CreekChanneI Easement 4 1011 012012(City 10.23,12) GRANTOR CITY OF SAN JUAN CAPISTRANO, a municipal orporation Approved as rm: La Kr" r, Mayor Hans Van Liten City Attorney ATTEST: Date: Maris Fris, C'ty Clerk DISTRICT SIGNATURE FOLLOWS ACKNOWLEDGMENT State of California County of Orange On , 20_, before me, , personally appeared who proved to me on the basis of satisfactory evidence to be the persons(s)whose name(s) ' /are subscribed to the with irrli�trument and acknowledged to me that he/she/they executed the sa in his/her/their authorized capacity(ies), and that by his/her/their authorized capacity(ies), and that b is/her/their signature(s) on the instrument the person(s), or the entity upon bdlalf of which the rson(s)acted, executed the instrument. I certify under PENALTY OF PERIURY der the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official al. Signature of Notary Public L02-118 Trabueo CreekChannel Easement 5 10/1012012(City 10.23 12) L PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT Mate of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On November 13 2012, before me, Maria Morris Cit'v Clerk, personally appeared Larry Kramer,Mayor,who proved to me on the basis of satisfactory evidence to the be person whose naxn e{ isn subscribed to the within instrument and acknowledged to me that he/s�/thO executed the same in his/Y4 authorized capacity, and that by his tl re signature on the instrument the person(,, or the entity upon behalf of which the personO acted, executed the instrument . 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) WI F -MA hand and official seal. Mar City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Tule or Type of Document Mayor Easement Deed--City of San Juan.Capistrano Title Grants to Orange County Flood Control District L02-118 Trabuco Creek Channel Signer is Representing City of San Juan. Capistrano Number of Pages: 10 DISTRICT Approved as to Form ORANGE COUNTY FLOOD CONTROL Office of the County Counsel DISTRICT, Orange County, C fornia By: By: Chairman, Bo upervisors Deputy Orange County, California Date: 0 30 1-0 Signed and certified that a copy of this document has been delivered to the Cbair of the Board per G.C. Sec. 25103,Reso 79-1535 ATTES Sus ovale Cq Clerk of the Board of Supervisors Orange County Flood Control District Orange County, California Lal-118 Trahuco Creek Channel Easement 1011612012 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed or grant toAhe ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, is hereby accepted by order of the Board of Supervisors of the County of Orange, California, acting as the governing board of the ORANGE COUNTY FLOOD.CONTROL DISTRICT, and the ORANGE COUNTY FLOOD CONTROL DISTRICT consents to recordation thereof by its duty authorized officer. FAC51m[1,.E SIGNATURE AUTHORIZED DIS'T'RICT PER G.C. SEC. 25 .03, RESO 79-1535 SIGNED AND CERTIFIED THAT A COPY OF ORANGE CO 00 CONTROL THIS DOCUMENT HAS 8EEN DELIVERECl °� TO THE CHAIR OF THE BOARD DISTRICT o ATTEST n By. _ Chairman,Bo upervisors. SUSAN NONAN Orange County, California CLE K OF THE BOARD OF SUPERVISORS ORANGE COUNTY,CAc1„I�ORNIA Date: 1.,02-11$Tranuco Creek Channel Easement 10/1012012(City 10.23.12) EXHIBIT"A" LEGAL DESCRIPTION Trabuco Creek Channel Parcel No. L02-118 f That portion of Del Obispo Street, 80 feet wide, in the City of San Juan Capistrano, County of Orange, State of California, as described in deed to the County of Orange, recorded December 9, 1943 in Book 1224 Page 177 of Official Records of said County, and which is bounded easterly and westerly by lines parallel with and 76 feet easterly and westerly of the centerline of Trabuco Creek Channel and the northerly prolongation thereof. Said centerline is shown on a map filed in Book 76, Page 4 of Records of Survey of said county. Contains 12,160 square feet, more or less As shown on Exhibit"B" attached hereto and by this reference made a part hereof David 0. Knell PLS 5301 Date CASanJuancapistranolCounty Easement over Trabuco Creek.doc September 23,2010 Exp. 12.31_1 1 Gni I w ° EXHIBIT ' o V rn .TF��E� o DEL ®SISP® S 76.00 76.00 o z p LLJ 0. .F.C.D o- TRABUCO REEK CHANNEL FEE PER R. 6609/371 WILLDAN SCALE. _IV DAT'➢wa�rr� BY: sea cry cK ➢ BY. ➢oK SKETCH TO ACCOMPANY 14191, CR655RQ4Q5 PARKWAY NGMK Si�E 405 LEGAL DESCRIPTION `" ' '2}os-6247' m:,sANJuANcAP9STRANO\DELOBISPO\02 RW\S03 STREET.owc