After recording mail to:
CITY CLERK
CITY OF SAN CLEMENTE
910 Calle Negocio
San Clemente, California 92673
ABOVE SPACE FOR RECORDER’S USE
This is to certify that this document is exempt
from recording fees per Govt. Code Sec. 27383
and is exempt from Document Transfer Tax per
Rev. & Taxation Code Sec. 11922.
FORMCHECKBOX Unincorporated Area
FORMCHECKBOX Incorporated, City of San Clemente
Project: Cyprus Shore Storm Drain and Sewer Lift Station Improvements, Project No. 12004 and 12210 Parcel No: Portion of LOT X, J and I of Tract 4202.
_____________________________________________________________________________________
GRANT OF EASEMENT FOR CYPRUS SHORE UTILITIES
(STORM DRAIN AND SEWER FACILITIES)
THIS GRANT OF EASEMENT (the “Easement”) is made by and between the CITY OF SAN CLEMENTE (”Grantee”) and Cyprus Shore Community Association (“Grantor”)
RECITALS
Grantee is a municipal corporation with general police powers to protect the public health, safety, and welfare within the geographical limits of the City of San Clemente. Pursuant to this general police power, Grantee is authorized to accept the dedication of easement rights for public storm drain, sewer and utility purposes within the boundaries of easements offered for dedication on private property.
Grantor wishes to grant and convey to Grantee an easement for public storm drain, sewer and utility purposes, covering those portions of its private real property (the "Property") legally described on Exhibit "A", attached hereto and incorporated herein fully by this reference, and depicted on Exhibit "B", which is also attached hereto and incorporated herein fully by this reference.
COVENANT AND GRANT:
NOW, THEREFORE, for valuable consideration, receipt and sufficiency of which is hereby acknowledged, and in consideration of the foregoing Recitals, Grantor hereby covenants, conveys and grants to Grantee a perpetual nonexclusive easement in, on, over, under, upon and through the Property for public storm drain, sewer and utility purposes, including, but not limited to the right to construct, maintain, repair and replace the public water and sewer lines and appurtenances located within the boundaries of the Property, together with the rights of ingress and egress, temporary use for construction, repairs and maintenance and to remove and replace, at Grantee’s sole cost, any structures, landscaping, trees or other improvements as Grantee deems, in its discretion, necessary in the exercise of these rights granted herein.
Grantor shall not interfere with or grant any rights that would interfere with Grantee's rights under said easement. Grantor shall not install or maintain any vegetation or other improvements that interfere with Grantee's rights under said easement and Grantee may remove the same, at Grantor’s expense, if they interfere, in Grantee’s judgment, with Grantee's rights under said easement and Grantor fails to remove the same after demand.
GRANTOR
Cyprus Shore Community Association
Dated: __________________ By: __________________________________ NAME, 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
ALL CAPACITY ACKNOWLEDGMENT
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 ) ss.
CITY OF SAN CLEMENTE )
THIS IS TO CERTIFY that the interest in real property conveyed by the GRANT OF EASEMENT FOR CYPRUS SHORE UTILITIES (STORM DRAIN AND SEWER FACILITIES) dated ___________________________, 2026 from Cyprus Shore 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 January 20, 2026 and Grantee consents to recordation thereof by its duly authorized officer.
Dated: ____________ By: _____________________
Andy Hall, City Manager of the City of San
Clemente
GOVERNMENT CODE 27361. 7
I CERTIFY UNDER PENAL TY OF PERJURY THAT THIS MATERIAL IS A TRUE COPY OF THE ORIGINAL MATERIAL CONTAINED IN THE DOCUMENT:
Attached for clarity:
Notary Seal:
CITY OF SAN CLEMENTE
INCORPORATED
FEBRUARY 28,
1928
ORANGE COUNTY CALIFORNIA
Steward Title Guaranty Company, AS AGENT
DATE: Signature _____________________________
(Name)
Place of Execution:
4906-7142-3603 v1
Attachment 2
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.