14-1023_SANTA MARGARITA WATER DISTRICT_Easement Deed_2014000430552 (3) t 4
RECORDING REQUESTED BY
City of San Juan Capistrano
32400 Paseo Adelanto Recorded in OMcial Records, Orange County
San Juan Capistrano, CA 92675 Hugh Nguyen, ]]Clerk-Recorder
AND WHEN RECORDED, MAIL TO: I�ll1iI1fljjj�11�11111111111111 NO FEE
* $ 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 65 406 E01 A04 13
32400 Paseo Adelanto 0.00 0.00 0.00 0.00 36.00 0.00 0.00 0.00
San Juan Capistrano, CA 92675
Exempt from Recording Fees;
Gov Code 27383 & 6103
City of San Juan Capistrano
J N (,Y � G J�T9i�f G is .:
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-8"
for
Ingress / 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.
2. ' 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 day of . n e_./ Y —12014.
GRANTOR
Santa Margarita Water District,
a California water district
By:
Dan Ferons
General Manager
ATTEST:
(Attach All-Purpose Acknowledgement)
3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1a
County of
O n l before me, Tom'
Datee Insert N eaandf,Tititle of theOfficer
re
personally appeared l Ji✓'� L L-'�--' FYI O ry-S
Names)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(o whose name(K is/are-subscribed to the
within instrument and acknowledged to me that
he/sWlthey executed the same in his/he'rA.44ir authorized
capacity(pf1), and that by his/fit'/therr signatureK on the
T..CORNISH instrument the person(e, or the entity upon behalf of
(7o mission#2011691
� which the person) acted, executed the instrument.
Notary Public-Calitorpla
� . Ofarlge County
I certify under OF PERJURY under the laws
M"Umm.Ex lresi•A •V10 201T fY r P
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and offci eal.
Place Notary Seal Above Signature -furs of Notary Public
OPTIONAL
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 Dacument
Title or Type of Document:
Document Date: Number of Pages: 19—
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General "1humb
❑ Partner—❑ Limited ❑ General❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee ❑Trustee Top of thumb here
❑ Guardian or Conser ptor ❑Guardian or Conservator
❑ Other: G eA Yt� ❑Other:
Signer Is Representing: Signer Is Representing:
44 wV�
02007 National Notary Association•9350 De Soto Ave..P.O.Box 2402-Chatsworth,CA 81313.2402•www.NabonaiNotaryorg Item#5907 Reorder.Cali Toll-Free 1-800878-M27
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by that certain EASEMENT DEED
"C-5/ 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 AUeyato,Mayor,who proved to me on the basis of satisfactory evidence to the be person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/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.
(SEAL)
my hand and official seal.
r
lY orr , City C elk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Title or Type of Document
Mayor
Easement Deed"C-5/C-6" for Ingress/
Title Egress and Temporary Stationing of
Equipment and Material
Signer is Representing
City of San Juan Capistrano Number of Pages: 4
Hura-ZOLLARS,INC.'2603 Main Street s Suite 400 1 Irvine,CA 92614.4250+949.988.5815 phone 1949.988.5820 fax r hunt-zoNars.com
10-1160-25 (D)
02-16-12
Revised
09-10-12
EXHIBIT C-5,A
LEGAL DESCRIPTION
EASEMENT DEED
CITY OF SAN JUAN CAPISTRANO
Parcel C-5;
That porti m of Parcel 43 of Certificate of Compliance No, CC 2001-01, in the
Unin.corPL ted Territory of the County of Orange, State of California, recorded July 26,
2001 as In- rument No, 20010508635 of Oficial Records, in the office of the County
Recorder of said County,described as follows:
Commencing at the Northwest corner of the land described. as Parcel 139 (1018901) 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 Oficial Records, 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 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.2011000428444 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
11031'56"; 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 easements,
if any, of record.
q/10-1160-25/a/1/CS-SJC-Irstnt/zk/hpm
E314IBIT C-5,A 10-1.160-25 (.D)
LEGAL DESC MON-CONTINUED 02-16-12
EASE,IMENT DEED Revised
CITY OF SAN JUAN CAPIsnANO 09-10-12
DACE,2
As more partict>lw-ly;shown an.Exhibit "B" attached hereto and by this reference made a
part hereof,
t.at� :.
� >� 2
Exp. 0913011
,tAl .I;. GILLT N,PLS 5557
gIl.0-1 l btl;.?SINIt1{:.i�SdC-�smtfxklliplt�
SHEET 1 OF 1
[ 4
rr 01 01 rip,I
11VS7- IYO, � O 5'0 85 OIF?l
Lt { ;
': sw -,"�,PARCyEL CSS' �
�j6$" r4i Z L!,M AGI"ES $8'
W y 1J�l r ,
.� .�.�
al—
m01sso
NO
4. 1GHW ,,
Na. 5557 � I
W79/30/13
REVISED 9/10/2012
(XXXf INDICA7ES RECORD DATA PER R,& NO. 2011-117 FL&9" 256/.5-�.5)
HUIIT
—, SKETCH TO ACCOMPANY 11�Al
UARSA LEGAL DESCRIP77ON p2W3 Mah Bt, eufte up
(am) - ( ) 5920 EASEMENT DEE® -Z/612012
ary ®F sAN juAN
c� t�... C��/STRsae nra
' l0--116D-25
—MIX
Q;\10116425\MAP116025\DW--\,EJC\116025JEX08A.DWG
HLATT-AUARS
.....:.............
E#IiTT•ZOLLARS,INC.-2603 Main Street,Suito 400 0 trvine,CA 92614-4250 949.988.5815 phone t 949.988,5820 lax huill•zaitors.com
10-1160-25 (D)
02-16-12
Revised
09-10-12
EX1-IIBIT C-6,A
LEGAL DESCRIPTION
EASEMENT DEED
SANTA MARGARITA WATER DISTRICT TO
CITY OF SAN JUAN CAPISTRANO
'Parcel_Q,&.
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 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 said Grant
Deed to the Capistrano Valley Water District, shown as having a bearing and distance of
"N 10°06'36" 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 said County Recorder;
thence along said Westerly line North 10006'31" 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°30'03" East 24.21 feet; thence South
09029'57" East 43.33 feet; thence South 80°30143" 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,
qn0-1160-25i"n/c6-s1v1WD-SJC/z rfg
EXHIBIT C-6,A 10-1160-25 (D)
LEGAL DESCRIPTION-CONTINUED 02-1.6-12
EASEMENT DEED Rovised
SANTA MARGARITA WATER.DISTRICT'rn, 09-10-12
CrrY OF SAN JUAN CAPISTRANO
PAGE 2
Subject to covelutilts, collditions, reservations, restrictions, rights-6f--way and easemellts,
if arLy,of rocord.
As more parficul4fly shown on Exbibft 93" attached hereto and by this referetice luade a
part horeot
L7 t LA
le
Exp. 0134113
i MES r-, GtLLEN,PLS 3557
q!J 0.1
sHEEr 1 OF 2
rr �J1 -� 01 �
COURSE DATA:
Q
M0106'310W 27.94'
2 Nt 0'06'3!"W 50.06' 1
PARG-E�L .49
rt
c
JJ\JSr I\.IJ, 20 0 10 60 9 6L OA, CL 1
PARCEL C 6
0.066r ACAS ow .
[ w qtr.. 1
MAI
Wt Y LINE WS 7-. NO, i 1 1
9Y-0506M, 0A
j N79 53'2�'F�
139
FOL NO,
��
. ER
N1. LA HIGHWAY
�S F� GSC.`gyp ---- ojjTjFGA
ar NO. 5357
EXP. 9/30/t3
REVISED 9/10/2012
(XXX) INDICATES RECORD DATA PER R.S. NO. 2011-I H7, R.&I- 256135-45)
HUllT-z'.u'LL"A' %
SKETCH TO ACCOMPANY �6O
A LEGAL 13ESCRIP7701d M41W BY Dye
F -Zebra, trt Ie EMBIT 0-6, B O
2aM M� a , Cha 99 -4 PI®c
Phone C949)983-SM FaX( ) - 20 EASEM DEED
_ ... 2/1s/2012
APPMW BY CITY' OF SAN JUAN
CAPISTRANO TO 3 M.W D Ma10-1160-25
Q.Ntott6O25\MAP116026�DW\EX\115025,E'XIOA.DWG
SHEET.2 OF.2 .
�f Y
SCAL& 10-20'
PARCEL Gab
0.068 ACRES
oN
WLY UNE INS Ng '
9J-0806017, O.R.
N8O"30'03"E p (�
3.98' 1
� N ery
O
-)03 03"
ip M
O ,
r-
v
�a-S
`coo ct>
REWSED 9/10/2092
- Q�\toll6oa.5kMAP116025\DM\DC\1rs02 oa.DM