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