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14-1023_SANTA MARGARITA WATER DISTRICT_Easement Deed_2014000430552 (4) RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto Recorded in Official Records, Orange County San Juan Capistrano, CA 92676 Hugh Nguyen, Clerk-Recorder AND WHEN RECORDED, MAIL TO: ]Pli .:I I I�III� [� I !�3�illll[ NO E * S R 0 0 0 7 0 4 9 3 4 1 $ Maria Morris, City Clerk 2014000430552 8:19 am 10123114 City of San Juan Capistrano 66 406 E01 A04 13 32400 Paseo Adelanto 0.00 4.00 0.00 0.00 36.00 0,00 4.00 0.00 San Juan Capistrano, CA 92676 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano IV,"qcx 0 recy cc This Space for Recorder's Use Only PROJECT NAME OR NUMBER: Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 EASEMENT DEED "C-51 C-6" for Ingress 1 Egress and Temporary Stationing of Equipment and Material FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Santa Margarita Water District, a California water district formed and existing pursuant to Section 34000, et. seq., of the Water Code of the State of California ("GRANTOR") does hereby grant to City. of San Juan Capistrano, a California municipal corporation ("GRANTEE"), a perpetual non-exclusive easement and right-of-way in, over, under, upon, along, through and across that portion of real property, at the northwest corner of the intersection of Ortega Highway and Antonio Parkway, situated outside the City of San Juan Capistrano, in the County of Orange, State of California, as described in Exhibit "C-5, A" and shown on (sketch) Exhibit "C-5, B," and as described in Exhibit "C-6 A" and shown on (sketch) Exhibit "C-6 B," 1 attached hereto and by this reference made a part hereof (the "Easement Area"). Such easements can be used for ingress, egress and temporary stationing of equipment and material purposes, including, without limitation, the right to enter upon, pass, re-pass along said land; and to deposit tools, temporarily station implements and other materials. Grantee shall have the right to use gates in all of Grantors' fences which presently or hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. Grantee, its successors and assigns shall save, indemnify and hold harmless Grantor, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantor and caused by or arising from (i) use of the Easement Area by Grantee, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights granted to Grantee herein, (ii) acts or omissions of Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to any work performed by Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns on or in relation to the Easement Area), or (iii) the location and existence of the Grantee's facilities, whether defective or otherwise, including, but not limited to, any loss, cost, damage, liability and expense arising from damage to or destruction of real and personal property or injury to or death of any person. Grantor, its successors and assigns shall save, indemnify and hold harmless Grantee, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantee and caused by or arising from (i) use of the Easement Area by Grantor, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights retained by Grantor herein and (ii) acts or omissions of Grantor, its employees, agents, contractors, guests, invitees successors and assigns in relation to the exercise of any/all rights retained by Grantor herein (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to the exercise of any such retained rights) 2 The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface and subsurface of the Easement Area for such purposes which do not burden the rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior approval of the Santa Margarita Water District: 1. Construct or place any street, alley, roadway, fence, block walls, or any other improvement or structure within the Easement Area. Z Place upon or remove from the Easement Area any earth or fill material. Grantee agrees to obtain and comply with all necessary permits, authorizations, licenses and approvals which are or may be required from any body, agency or department with jurisdiction over the Easement Area, and to restore the original condition of the existing landscape and improvements within the Easement Area at the completion of any work which disturbs the surface of the Easement Area or any other land owned by Grantor and/or its affiliates. IN WITNESS WHEREOF_, this Easement Deed "C-5/ C-6" is executed and delivered by Grantor as of the 4 day of Ul , _' 2014. GRANTOR Santa Margarita Water District, a California water district By: Dan l=erons General Manager ATTEST: (Attaoh Ail-Purpose Acknowledgement) 3 CALIFORNIALL- State of California County of On before me, 2_6° � Daiere Insert NAW and Title of the Officer personally appeared � � � Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(o whose namen is/atesubscribed to the within instrument and acknowledged to me that he/sl7Ithcj executed the same in his/hof/t it authorized capacity(ilps), and that by his/fir/thefr signature(g`on the T CORNISH instrument the person(`; or the entity upon behalf of 4� C� i �i�n �0"tt6gt which the person) acted, executed the instrument. z ° Notary Public •California Gra6ge Cooing+ certif I under PENALTY OF PERJURY under the laws M Comm.E iret . i 10 2417� Y of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici -,�eal. Signature Place Notary Seat Above ' ature of Notary Public OP IONA L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached Document Title or Type of Document: ''f Document Date: Number of Pages: Signer(s) Other Than Named Above: __ Capacity(ies) Claimed by Signer(s) Signer's Name: _ -_---- Signer's tame:—__._ Individual M Individual Corporate Officer—Title(s): _ 7,Corporate Officer—Title(s): [I Partner—rl Limited i✓ General N ,• E Partner—[71 Limited Ll General D Attorney in Fact ❑Attorney in Pact :.I Trustee Top of thumb here El Trustee Top of thumb here Guardian or Conservator Li Guardian or Conservator Other: fKK` "t ..i ID Other: Signer Is Representing: Signer Is Representing: _ ©2007 National Notary Associailen^9360 De Sato Ave.,P.O.Box 2402^Chatsworth,CA 9131:-2402 m www.Nat€ona€Notary.org Item¥5907 Reorder:Call Toll-Free 1-800-875-6827 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that certain EASEMENT DEED "C-51 C-6" attached hereto from the Santa Margarita Water District, to the City of San Juan Capistrano, is hereby accepted by the undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its duly authorized officer. Dated: GRANTEE City of San Juan Capistrano Mayor 4 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On October 14, 2013, before me, Maria Morris, City Clerk, personally appeared Sam Allevato,_Mayo , who proved to nye on the basis of satisfactory evidence to the be persons) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfher/their authorized capacity, and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument , I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r (SEAL) W T1E any hand and official seal. tri. l orr , City C erk OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document Mayor Easement Deed "C-5IC-6" for Ingress/ Title Egress and.Temporary Stationing of Equipment and Material Signer is Representing City of San Juan Capistrano Number of Pages: 4 HUTT-ZOLLARS,INC.r 2603 M.in Str.niI Suite JOO Irvine,CA 92614-4250 949,988,5815 phone r 9A9-9&8.5820 fox o hunt-zollars.com 10-1160-25 (D) 02-16-1.2 Revised 09-10-12 EXT-111B11 I C-5, A LEGAL DESCRIPTION EASEMENT DEED CITY OF SAN JUAN CAPISTRANO Parcel C-5: That port= )n of Parcel 43 of Certificate of Compliance No. CC 2001-01, in the Unincorp(, ted Territory of the County of Orange, State of California, recorded July 26, 2001 as In, trument No. 20010508635 of Official Records, in the office of the County Recorder of'said County, described as follows: Cornmencing at the Northwest corner of the land described as Parcel 139 (101890-1) in the Grant Deed to the State of California recorded March 31, 1999 as Instrument No. 19990236394 of said Official Records, said Northwest corner being the Southerly terminus of that certain course along the Westerly line of the land described in the Grant Deed to the Capistrano Valley Water District, recorded November 19, 1993 as Instrument No. 93-0806017 of said Official Records, shown as having a bearing and distance of "N 10006'36" W 179.51' " on Record of Survey No. 2011-1117, filed in Book 256, Pages 35 through 45, inclusive, of Records of Survey, in the office of the said County Recorder: thence along said Westerly line North 10'06'31" West 58.69 feet to the TRUE POINT OF BEGINNING; thence leaving said Westerly line South 79'53'23" West 20.87 feet to the Easterly sideline of Parcel. 3 as described in the Grant of Easement to the Santa Margarita Water District, recorded August 30, 2011 as Instrument No. 2011.000428444 of said Official Records; thence along said Easterly sideline, the following courses: North 10'06'37" West 93.01 feet to the beginning of curve concave Easterly having a radius of 35.00 feet and Northerly 7.04 feet along said curve through a central angle of 11°31'56"; thence leaving said Easterly sideline non-tangent North 79'53'23" East 20.16 feet to said Westerly line, said point being distant thereon North 10'06'31" West 100.00 feet from the TRUE POINT OF BEGINNING; thence along said Westerly line South 10°06'31" East 100.00 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.048 acres, more or less. Subject to covenants, conditions, reservations, restrictions, rights-of-way and casements, if any, of record. q/1 0-1 160-25/2/l/C5-SIC-Esi-ntlzk/hpiri EXHIBrr C-5,A 10-1160-25 (D) LEGAL DESCRIPTION-CONTINUED 02-16-12 EASEMENT DEED Revised CITY OF SAN JUAN CApis"rR NC 09-10-1.2 PAGE 2 As more particularly shown on. Exhibit "B" attached hereto and. by thisreference made a part 17ereof. y NO. 6667 EXP 04l3011 3 JAMES F. GIL LEs,N,ILLS 5557 � CA SHEET 1 OF I SCALE P 1 4 h 7- AJO, POO 08,6OA N79 y "t PARCEL C-S 0.048 ABCATS INS Jam, W, 9{l3Y Wyk •f �k W�WyJYpMytY � I )) H1 V � �1 a � �. .,��,L 1..4�ddl1 + 140. 5557 EXP. 9/30/13 RE WSED 9/10/2012 (XXX) INDICA W RECORD DATA PER R-% NO 2011--117, R.S@ 256/.35-45) I �,IAINSSKETCH TO ACCOMPANY WRE H U A LEGAL PRESCRIPTION PMP St "o 400, 926U-4950 pma PhoneE C �) EASEAdWr OM N 2/18/2012 CITY OF SAN JUA ' G� CAPD A' 10-1160-25 0. $10116025\MA1P116025'D1Va9\EX\11602--%E'XOa4.DW AV x ........... .................... U -ZOLLARS,INC. 2603 Mein Street Suite 400 irvirm,CA 92614-4250 949,988 5815 plIQne 9A9.988,5820�a hui�i—oll rsxom TT a 10-1160-25 (D) 02-16-12 Revised 09-10-12 EXHIBIT C-6, A LEGAL DESCRIPTION EASEMENT DEED SANTA MARGARITA WATER DISTRICT TO CITY OF SAN JUAN CAPISTRANO Parcel C-6: That portion of Parcel 4 of Certificate of Compliance No. CC 82-2, in the Unincorporated Territory of Orange County, State of California described in that certain document recorded September 3, 1982 as Instrument No. 82-313505 of Official Records, in the office of the County Recorder of said County being more particularly described as being a portion of the land described in the Grant Deed to the Capistrano Valley Water District, recorded November 19, 1993 as Instrument No. 93-0806017 of said Official Records, described as follows: Commencing at the Northwest comer of the land described as Parcel 139 (101890-1) in the Grant Deed to the State of California recorded March 31, 1999 as Instrument No. 19990236394 of said Official Records, said Northwest comer being the Southerly terminus of that certain course along the Westerly line of the land described in said Grant Deed to the Capistrano Valley Water District, shown as having a bearing and distance of "N 10`0636" W 179.51' " on Record of Survey No. 2011-1117, filed in Book 256, Pages 35 through 45, inclusive, of Records of Survey, in the office of said County Recorder; thence along said Westerly line North 10'06'31" West 58.69 feet to the TRUE POINT OF BEGINNING; thence leaving said Westerly line North 79'53'23" East 39.14 feet, thence North 10'06'37" West 100.00 feet; thence South 79'53'23" West 39.14 feet to a point on said Westerly line, thence along said Westerly line South 10°06'31" East 27.94 feet; thence leaving said Westerly line North 80'30903" East 24.21 feet; thence South 09'29'57" East 43.33 feet; thence South 80'30'03" West 20.00 feet; thence North 09'29'57" West 21.33 feet; thence South 80'30'03" West 3.98 feet to a point on said Westerly line, said point being distant thereon North 10'06'31" West 50.06 feet from the TRUE POINT OF BEGINNING; thence along said Westerly line South 10'06'31" East 50.06 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.068 acres,more or less. NOTE: It is the intent of this description to describe the property around the proposed building to be situated on this land, excepting any land under said proposed building. q/1 0-1 160-25/a/1/C6-SMVM-SJC/zk/jf9 EXHIBIT C-6,A 10-1,160-25 (D) LEGAJ'.� D13SCRIPTION-CONTINUED 02-1.6-1.2 EASEMENT DE'.ED Revised SANTA MARGARITA WATER DI'STRICTTO 09-10-12 CITY OF SANJUAN CAPISTRANO PAGE 2 Suject to covenants, conditions, reservations; restrictions, rights-of-way and casements, if any, of record. As more articularly shown on Exhibit "B" attaelled hereto and by this reference made a part hereof L Ajv6 0 0 NO. 5.557 0. UP. 09/30113 (AIvIT.rS F. GILLEN, PLS 9557 jq�cr QF C0 ,k SHEEN" I of 2 rr2-G)J1 - 01 � COURSE DATA: N10°CsWOW 27.94• 2 N10116'31 V 50.06' �° [ PAf?rL 43 ct li VS_ PARCEL 6 0.068 ACd ES 9.sa L } , y WLY LINE WS NO qp ual T:lot P.��s .� PGL139 O.R. cis P.ac. , .19990,3 PM IM lt4 ORTEGA NO. 5557 � EM 9030/13 . OF 0x00 � REWSED 9/10/2012 (XXX) HYDICATEs RECORD DATA PER R.S. Na 2011-1117. RSA 256/35--45) HU11T—ZOLIA SKETCH TO ACCOMPANY 'x`00' A LEGAL DESCRIP71ON Da"l By D kre2 k trv1 EX T C- pmc Phom(90)9WM5 =Q)9"-WW EAMAENT DEED WE CITY AN ANNa z/r6/aor2 CAMSTRANO TO aAlWA 10-1160w-25 y 0:\10116025\MAP116025�DWG\EX\r16025,EMA.Da SHEET 2 OF 2 N79'S3' Y 1 .1 i 4# SCALE' 1 1-20` w� PARC . C-6 aO68 ACRES N6O 24,21` .. WLY UNE INST. NO. 93-0806077. O.R. N80;30,0 98' 1 er- � 20.00E n p '()� E � X80�0 V -041 Q � REWSED 911012012 a\10116025 IMAM f6O25\o \EX\11602 0A.D