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Att 2 - Easement Deed - Reservoir 5 Access.doc

San Clemente City Council
October 21, 2025

Document
Att 2 - Easement Deed - Reservoir 5 Access.doc
Meeting
October 21, 2025
Body
San Clemente City Council
Original file
47 KB
Text extracted from the city's file for reading and search. Open the original on san-clemente.legistar1.com. That file is the official record.

After recording mail to:

CITY CLERK

CITY OF SAN CLEMENTE
910 Calle Negocio
San Clemente, California 92673
ABOVE SPACE FOR RECORDER’S USE
DOCUMENTARY TRANSFER TAX $______-0-___________
(Exempt recording requested—Gov. Code Section 6103
APN: 690-531-07
__________________________________________________________________________________________

EASEMENT DEED
FOR GOOD AND VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, RANCHO SAN CLEMENTE COMMUNITY ASSOCIATION, a California nonprofit corporation and property owner (“Grantor”) hereby gives, grants and conveys to THE CITY OF SAN CLEMENTE, a California municipal corporation, and its successors and assigns (“Grantee” or “City”), a perpetual nonexclusive easement and a free uninterrupted and unobstructed right-of-way for the City and its officers, agents, employees, contractors, subcontractors, permittees, lease holders, licensees and representatives (collectively, “Grantee Parties”) in, on, under, over, upon and across the Easement Area described below with rights of ingress and egress, for the purposes of accessing, installing, constructing, reconstructing, laying, operating, relaying, relocating, altering, adding to, inspecting, maintaining, repairing and replacing to the Grantee’s sole satisfaction underground and surface improvements, appurtenances and facilities located in, on, under, over, upon and across the Easement Area for waterline, communications, utilities, monitoring and public purposes (“Easement”).

Said Easement is located in, on, under, over, upon and across that certain real property in the State of California, County of Orange, City of San Clemente, described as follows (the “Easement Area”):

Approximately ___ square feet of APN ________ more particularly described in Exhibit A (Legal Description) and delineated in Exhibit B (Plat Map), which are attached hereto and fully incorporated herein by this reference.

Grantee is further granted the right (a) to enter in and upon the Easement Area described above with persons and machinery, vehicles and material at any and all times for the purposes stated herein; (b) to remove, at Grantee’s cost, trees, shrubs, bushes, undergrowth, roots, vegetative material and other improvements and obstructions (collectively, “Obstructions”) interfering with the activities authorized herein as determined in Grantee’s sole discretion, provided that the foregoing is a right and not a duty, and said right shall not relieve Grantor of the duty as owner to trim or remove Obstructions and to prevent danger or hazard to property or persons; and (c) for doing anything necessary, useful, or convenient for the enjoyment of the Easement herein granted.

Grantor shall not interfere with the rights granted herein nor plant, install or maintain any Obstruction.

Grantor expressly reserves the right to grant easements in, on, under, over, upon and across the Easement Area for any purpose whatsoever not inconsistent or incompatible with the rights and privileges granted by this Easement.

Improvements by the Grantee Parties shall be owned by them and shall not interfere with the Ridgeline Trail use.

In the event that Grantee disturbs the surface of the Easement Area during any allowed use, Grantee shall do so in such a manner as will cause the least injury to the surface of the ground and any improvements thereon. Grantee shall restore the ground and any improvements thereon to substantially the same conditions as existed immediately prior to any such disturbance or to a condition approved by Grantor.

Grantee shall have the right to assign, transfer and convey this Easement. This Easement and any covenants, conditions, and restrictions contained herein shall run with the land and be binding upon and inure to the benefit of the successors, heirs, executors, administrators, permittees, licensees, lease holders, agents and assigns of Grantor and Grantee.

This Easement may be terminated by express written agreement by Grantee and Grantor following at least one hundred eighty (180) days' notice in writing and recording of a good and sufficient Quitclaim Deed.

Grantor does further covenant with the Grantee that (a) Grantor is the owner in fee simple of Premises hereby subjected to said Easement and has good title to convey the same; and (b) the Grantee Parties shall quietly enjoy said Easement.

GRANTOR
Rancho San Clemente Community Association
Dated: __________________ By: _______________________________________ Vonne Barnes, President

GRANTEE
City of San Clemente
Dated: __________________ By: _______________________________________ Andy Hall, City Manager
ATTEST:

By: _______________________________________
Laura Campagnolo, City Clerk
APPROVED AS TO FORM:

By: _______________________________________
Elizabeth A. Mitchell, City Attorney
Attachments:

Parcel Map
Legal Description
STATE OF CALIFORNIA )
) ss
COUNTY OF )
On , before me, ,
personally appeared
who proved to me on the basis of satisfactory evidence to be the 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(ies), and that by his/her/their signature(s) 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.

WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Notary Seal)
_________________________________________________________________________________

PLACE INTERNAL REVENUE STAMPS HERE

CERTIFICATE OF ACCEPTANCE
STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF SAN CLEMENTE
)
) ss.
)
THIS IS TO CERTIFY that the interest in real property conveyed by the deed or easement deed dated ___________________________, 2025 from Rancho San Clemente Community Association, to the CITY OF SAN CLEMENTE, a California municipal corporation, (“Grantee”) is hereby accepted by the undersigned officer on behalf of the Grantee pursuant to authority conferred by Resolution No. _________ of the City Council of the Grantee adopted on ________, 2025 order on ____________________ and Grantee consents to recordation thereof by its duly authorized officer.

Dated:________________________ By:_______________________________________ Andy Hall, City Manager of the City of San Clemente
Attachment 2
4928-1877-1059 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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