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FULL PACKET_2016-11-15
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FULL PACKET_2016-11-15
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11/14/2016 10:36:42 AM
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Agenda Packet
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Clerk of the Council
Date
11/15/2016
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EXHIBIT E <br />2. The County of Grange, Board of Supervisors on _ _- approveet Santa AmrDelhi Channel <br />DivorsionProject Agreement DI5 -013 anvmg GRANTGR, DiSTRIC'i', City of Santa Ana, City of <br />Newport Beach, City of Costa Mesa, Orange County Water District and the hvine Ranch Water District in <br />furtherance of a regional watershed project to divert dry- weather urban discharge flows and trash from the <br />Santa Ana -Delhi Diversion Channel to satisfy water duality compliance requirements (VeoJect'9. <br />Implumentatimr of the Project entails construction of a Diversion Structure requiring modifications to [lie <br />existing Facility and installation of subsurface pumps, wet well, pipelines and a sewer force main within a <br />portion of the Easement Area; and roaligmnent of an access rand. <br />3. By this Amendment, the Parties Intend to modify ilia existing Easement to add an additional easement arrow, <br />referenced as Parcel Fill • - ,_immediately adjacent to Parcol Fol•'215 by this Amendment. Parcels <br />F01 -215 and Parcel F01 <br />4. 'rho Parties understand and agree to comply witlt the tams, conditions and obligadans of that certain Grant <br />Deed recorded June 30, 1958 in Book 4332, Page 308 in the Official Rccm•ds of Grange County, California <br />which vests all rights, title, and interest in the Easement Area (as defined herein below) with GRANTOR. <br />5. 'rho Parties intend to add tarns W the existing Easement to foster collaboration in their joint use of the <br />subject property, <br />6. Other than the terms heroin, this Amondment shall not otherwiso affect; altar, or chango the Eascmont. As <br />to any inconsistency existing between with ilia terms of this Amendment and the terms in the Easement, <br />the Parties agree the terms of this Amendment ghall control. <br />7, For the above stated reasons, the Parties agree to amend (lie Easement with Ilia toning and conditions herein <br />to apply to the Easement Area, <br />NOW,. T14EREMRK for valuably consideration, reueipt of which is hereby acknowledged, tho <br />Parties agree to the following terms, conditions, and reservations: <br />A. RECITALS <br />Each of the above Recitals is incorporated herein and is true and correct. <br />B. INSERTPARCFI,FOI• C,CIGAT. 1)I38C12IP'TION ANi)7)FPIC'1'ION <br />GRANTOR hereby conveys to DISTRICT the ability to oxcruiso its rights pursuant to the Easement in, on, <br />under and over land immediately adjacent to the existing Parent F01.215 easement area, upon land rofenwd <br />to heroin as Paced Fol• as doflned In Exhibit and depicted in Exhibit B, eaolr arfached hereto <br />and incngioraked.hcmin. <br />C. ADD SECTIQN.1 <br />The following is hereby added to {lie Easement as Section 1: <br />Section 1. The above legal description for Parcol 1701.215 and the attached legal description in Exhl it A <br />for Parcel F01- —as depicted in Exhibit B, which exhibits are attached hereto and by reference sstuda n <br />part hereof, shall collectively dofrna the'Usemenl Area "Dec the rights conveyed herein. <br />Page 2 of 7 <br />Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 59 of 69 <br />20C -69 <br />
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