17-0815_MOREY, ROBERT L._Agreement for Acquisition of Real ProertyPARCEL NO.: 673-111-28
TITLE REPORT NO.: 140-1781450-66
PROJECT: Del Obispo Widening Project
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
(ESCROW INSTRUCTIONS)
THIS AGREEMENT ("Agreemenl") is entered into this day of June , 2017 by
and between the City of San Juan Capistrano, a California municipal corporation,
(hereinafter called "Buyer"), and Robert L. Morey, (hereinafter called "Seller') for
acquisition by Buyer of one Temporary Construction Easement and one Permanent
Roadway Easement over real property hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT TO SELL. AND PURCHASE. Seller agrees to sell to Buyer, and Buyer
agrees to purchase from Seller, upon the terms and for the consideration set forth in this
Agreement the following interest(s) in property, all situated in the City of San Juan Capistrano,
County of Orange, State of California:
A. Temporary Construction Easement (Attached as Attachment 1)
B. Permanent Roadway Easement (Attached as Attachment 2)
The legal description of each interest is identified in the referenced attachment(s), which
is/are hereby incorporated by reference.
2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall
be the sum of
A. Temporary Construction Easement $11,673
B. Permanent Roadway Easement $ 400
C. Improvements $19,914
D. Negotiated Settlement $25,250
TOTAL (rounded): $57,237
The total purchase price includes: acquisition value of the property interests identified in
Section 1.
City commits to implement the landscape plan, (Attachment 3) as it affects Seller's property,
and is approved by Seller's Home Owner's Association.
3. CONVEYANCE OF TITLE. Seller agrees to convey by Easement Deed to Buyer a
marketable easement free and clear of all recorded and unrecorded liens, encumbrances,
assessments, easements, leases, and taxes EXCEPT:
A. All taxes for the current fiscal year prorated as per Section 5 hereinafter
B. Quasi -public utility, public alley, public street easements, and rights of way of
record.
C. Preliminary Title Report to be provided by Orange Coast Title Company and
approved in Escrow.
4. TITLE INSURANCE POLICY, Atthe Buyers discretion, Escrow Agent shall, following
recording of deed to Buyer, provide Buyer with CLTA Standard Coverage Policy of Title
Insurance in the amount of $52,450 issued by Orange Coast Title Company showing the title
to the property vested in Buyer, subject only to the exceptions set forth ill Section 0 and the
printed exceptions and stipulations In said policy. Buyer agrees to pay the premium charged
therefore.
5. ESCROW. Buyer agrees to facilitate escrow services in accordance with this
Agreement with their Right of Way Consultant, CPSI, 26070 Towne Centre Dr., #150, Foothill
Ranch, California (Escrow Agent). This Agreement constitutes the joint escrow instructions of
Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby
empowered to act under this Agreement. The parties hereto agree to do all acts necessary to
close this escrow In the shortest possible time.
Seller agrees to deposit with Escrow Agent prior to the Close of Escrow an original, fully
executed and acknowledged deeds prepared by Escrow Agent and any other customary
agreements, consents, or documents reasonably necessary to effectuate the purchase of the
subject property. Buyer agrees to deposit the purchase price and certificate of acceptance
upon demand of Escrow Agent.
Insurance policies for fire or casualty are not to be transferred, and Seller will cancel his own
policies after close of escrow.
All funds received in this escrow shall be deposited with other escrow funds in a general
escrow account(s) and may be transferred to any other such escrow trust account in any State
or National Bank doing business in the State of California. All disbursements shall be made
by check from such account.
ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE
FOLLOWING TAX ADJUSTMENT PROCEDURE:
A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and
interest thereon, and for any delinquent or non -delinquent assessments or
bonds against the property;
B. In the event this escrow closes between July 1 and November 1, and current
tax information is not available from title insurer, Escrow Agent is instructed to
withhold from Seller's proceeds an amount equal to 120% of the prorated
amount due based upon the previous fiscal year's second half tax bill. At such
time that the tax information is available, Escrow Agent shall make a check
payable to the County Tax Collector for Seller's prorated portion of taxes and
forward sarne to the Buyer and shall refund any difference to the Seller. In the
event the amount withheld is not sufficient to pay Seller's prorated portion of
pag'a 2
taxes due, the Seller herein agrees to immediately pay the difference;
In the event said tax information is available, Seller's taxes shall be prorated in
accordance with Paragraph "C" below.
C. From the date that tax information is available, as per Paragraph "B"
hereinabove, up to and including June 30th, Seller's current taxes, if unpaid,
shall be prorated to date of close of escrow on the basis of a 365 day year in
accordance with Tax Collector's proration requirements, together with penalties
and interest, if said currenttaxes are unpaid after December 10 andlorApril 10.
At close of escrow, check payable to the County Tax Collector for Seller's
prorata portion of taxes shall be forwarded to Buyer with closing statement;
D. Any taxes which have been paid by Seller, prior to opening of this escrow, shall
not be prorated between Buyer and Seller, but Seller shall have the sole right,
after close of escrow, to apply to the County Tax Collector of said county for
refund. This refund would apply to the period after Buyer's acquisition, pursuant
to Revenue and Taxation Code Section 5096.7.
ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
E. Pay and charge Seller, upon Seller's written approval, for any amount
necessary to place title in the condition necessary to satisfy Section 3 of this
Agreement, excluding any penalty for prepayment to any lienholder in
compliance with 1265.240 of the Eminent Domain Law;
F. Pay and charge Buyer for any escrow fees, charges, and costs payable under
Section 6 of this Agreement;
G. Disburse funds and deliver deed when conditions of this escrow have been
fulfilled by Buyer and Seller.
The term "close of escrow", if and where written in these instructions, shall mean the
date necessary instruments of conveyance are recorded in the office of the County
Recorder. Recordation of instruments delivered through this escrow is authorized if
necessary or proper in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be
extended by mutual agreement of the parties hereto. Any amendment of, or supplement
to, any instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE I NSTRUCTIONS AND ESCROW IS TO CLOSE
AS SOON AS POSSIBLE. If (except for deposit of money by Buyer, which shall be
made by Buyer upon demand of Escrow Agent before close of escrow) this escrow is not
in condition to close within 45 days from date of these instructions, any party who then
shall have fully complied with his instructions may, in writing, demand the return of his
money or property; but if none have complied no demand for return thereof shall be
recognized until five (5) days after Escrow Agent shall have mailed copies of such
demand to all other parties at the respective addresses shown in these escrow
instructions, and if any objections are raised within said five (5) day period, Escrow
Agent is authorized to hold all papers and documents until instructed by a court of
competent jurisdiction or mutual instructions. If no demands are made, proceed with
closing of this escrow as soon as possible.
Responsibility for Escrow Agent under this Agreement is expressly limited to Sections 1, 2, 3,
4, 5, 6, 7, 9, 10, and 17 and to its liability under any policy of title insurance issued in regard to
this transaction.
6. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and
Seller's usual fees, charges, and costs which arise in this escrow.
7. RENTAL AND OCCUPANCY BY SELLER. Seller warrants that there are no oral or
written leases on all or any portion of property.
8. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its
authorized agents, permission to enter upon the Property at all reasonable times prior to close
of escrow for the purpose of making necessary or appropriate inspections. It is understood
that the buyer and its contractors will indemnify the undersigned and hold them harmless from
any and all liability for bodily injury, death and property damage arising out of or in any way
connected with such use, and reimburse the seller for all costs, expenses and loss, including
attorney's fees, incurred by them in consequence of any claims, demands and causes of
action which may be made or brought against them arising out of such use.
9. COUNTERPARTS. This Agreement may be executed in counterparts, each of which
so executed shall, irrespective of the date of its execution and delivery, be deemed an
original, and all such counterparts together shall constitute one and the same instrument.
10. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Seller's
statement to Buyer and to Paragon Partners Ltd., 5762 Bolsa Ave, Suite 201, Huntington
Beach, California 92649; purpose being to ascertain if any reimbursements are due to Seller.
11. LUSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real property or any
improvements thereon, by fire or other casualty, occurring prior to the recordation of the Deed
shall be at the risk of Seller. In the event that loss or damage to the real property or any
improvements thereon, by fire or other casualty, occurs prior to the recordation of the Deed,
Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance which
may become payable to Seller by reason thereof, or to permit such proceeds to be used for
the restoration of the damage done, or to reduce the total price by an amount equal to the
diminution in value of said property by reason of such loss or damage or the amount of
insurance payable to Seller, whichever is greater.
13. WARRANTIES REPRESENTATIONS AND COVENANTS OF SELLER. Seller hereby
warrants, represents, and/or covenants to Buyer that:
A. To the best of Seller's knowledge, there are no actions, suits, material claims,
ea g 4
legal proceedings, or any other proceedings affecting the property or any
portion thereof, at law, or in equity before any court or governmental agency,
domestic or foreign.
B. To the best of Seller's knowl6dge, there are no encroachments onto the
property by improvements on any adjoining property, nor do any buildings or
improvements encroach on other properties.
C. Until the closing, Seller shall maintain the property in good condition and state
of repair and maintenance, and shall perform all of its obligations under any
service contracts or other contracts affecting the property.
D. Until the closing, Seller shall not do anything which would impair Seller's title to
any of the property.
E. To the best of Seller's knowledge, neither the execution of this Agreement nor
the performance of the obligations herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or
other agreement or instrument to which Seller's property may be bound.
F. Until the closing, Seller shall, upon learning of any fact or condition which would
cause any of the warranties and representations in these Warranties,
Representations, and Covenants of Seller Section not to be true as of closing,
immediately give written notice of such fact or condition to Buyer.
14, HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any
previous owner, tenant, occupant, or user of the Property used, generated, released,
discharged, stored, or disposed of any hazardous waste, toxic substances, or related
materials ("Hazardous Materials") on, under, in, or about the Property, or transported any
Hazardous Materials to or from the Property. Seller shall not cause or permit the presence,
use, generation, release, discharge, storage, or disposal of any Hazardous Materials on,
under, in, or about, or the transportation of any Hazardous Materials to or from, the Property.
The term "Hazardous Material" shall mean any substance, material, or waste which is or
becomes regulated by any local governmental authority, the State of California, or the United
States Government, including, but not limited to, any material or substance which is (i) defined
as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under
Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health
and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as
"hazardous substance" under Section 25316 of the California Health and Safety Code,
Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii)
defined as a "hazardous material", "hazardous substance", or "hazardous waste" under
Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous
substance" under Section 25281 of the California Health and Safety Code, Division 20,
Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos,
(vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or
"extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code,
Pivision 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311
of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to
Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et SeMc . (42
U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42.
U.S.C. S9601 et sec. (42 U.S.C. S9601).
15. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the
Property complies with all applicable laws and governmental regulations including, without
limitation, all applicable federal, state, and local laws pertaining to air and water quality,
hazardous waste, waste disposal, and other environmental matters, including, but not limited
to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal,
Resource Conservation Recovery and Comprehensive Environmental Response
Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
regulations, and ordinances of the city within which the subject property is located, the
California Department of Health Services, the Regional Water Quality Control Board, the State
Water Resources Control Board, the Environmental Protection Agency, and all applicable
federal, state, and local agencies and bureaus.
16. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine,
penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting
from, arising out of, or based upon (i) the presence, release, use, generation, discharge,
storage, or disposal of any Hazardous Material on, under, in or about, orthe transportation of
any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any
statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use,
generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on,
under, in, or about, to or from, the Property. This indemnity shall include, without limitation,
any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of
any claim, action, suit or proceeding for personal injury (including sickness, disease, or death,
tangible or intangible property damage, compensation for lost wages, business income, profits
or other economic loss, damage to the natural resource or the environment, nuisance,
pollution, contamination, leak, spill, release, or other adverse effect on the environment). This
indemnity extends only to liability created prior to or up to the date this escrow shall close.
Seller shall not be responsible for acts or omissions to act post close of this escrow.
A. Buyer agrees to provide final footing, retaining wall and shoring design to Seller
for review and comment, prior to initiation of construction.
B. Buyer to maintain improvements installed by Buyer within the easement area,
including but not limited to, footing, retaining wall and shoring. Buyer shall be
liable for any damages to subject property as a result of any failure of installed
improvements by the Buyer.
17. CONTINGENCY. It is understood and agreed between the parties hereto that the
completion of this transaction, and the escrow created hereby, is contingent upon the specific
acceptance and approval of the Buyer herein.
The terms and conditions, covenants, and agreements set forth herein shall apply to and bind
the heirs, executors, administrators, assigns and successors of the parties hereto.
This Agreement contains the entire agreement between both parties, neither party relies upon
any warranty or representation not contained in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
set forth hereinabove.
BUYER
CITY OF SAN JUAN CAPISTRANO
'j4C it ager
MAILING ADDRESS OF BUYER
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
APPROVED AS TO FORM
BY(—
City
City Attorney
ATTEST .,
BY: � `• .�-f A
ty
CkCleric
DAVE:
SELLER
Robert L. Mo ey
6--29-1 5;11�
Date
DATE:
MAILING ADDRESS OF 5ELLER
26112 Calle Coblestone
San Juan Capistrano, CA 92675
Page 7
Attachment 1
Pace 8
RECORDING REQUESTED BY:
City of San Juan Capistrano
Engineering Department
32400 Paseo Adelanto
San Juan Capistrano, CA..92675
AND WHEN RECORDED MAIL TO:
City Clerk
"Same address as above"
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
I II I! `Ill I II II II VIII II l III I II IIII VIII 11 II II II I I III No FEE
* S R 0 0 0 9 5 7 7 4 0 2 $
20170004016981:11 pm 09121117
90 SCIS E01 7
0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00
EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 61 OJ &27383 (SPACE ABOVE)
APN: 673-111-28
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
Robert L. Morey, an unmarried man (referred to herein as "Grantor"), is the owner in fee of
certain real property located at 26112 Calle Coblestone, San Juan Capistrano, County of Orange,
State of California, (hereinafter referred to as the "Property").
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor does
hereby GRANT and CONVEY to the CITY OF SAN JUAN CAPISTRANO, a California
municipal corporation, under the laws of the State of California (the "Grantee", hereinafter
referred to as "City"), its successors and assigns:
1. Temporary Construction Easement. A temporary and non-exclusive construction
easement over, on, under, in, across, along and through that certain portion of the Property more
fully described in EXHIBIT "A" and depicted in EXHIBIT B attached hereto and incorporated herein
by reference (hereinafter referred to as the "Temporary Construction Easement"), for purposes
of the constructing the City's project known as the Del Obispo Widening Project ("Project"),
Grantor hereby covenants, by and for itself, its assigns, heirs and voluntary and involuntary
successors in interest to the Property or any part thereof, that at all times prior to the Expiration
Date (defined below), Grantor shall not, without the express written consent of Grantee: (i) erect
nor permit the erection of any building, wall, fence or other structure within the Temporary
Construction Easement Parcel; (ii) plant nor permit the planting of any tree(s), plant(s) or other
vegetation or flora on any portion of the Temporary Construction Easement Parcel; (iii) undertake
nor permit the undertaking of any activity that may interfere with Grantee's use of the Temporary
Construction Easement and exercise of all rights and privileges thereof; nor (iv) grant any other
easements on, under or over the Temporary Construction Easement Parcel.
The Temporary Construction Easement shall include, without limitation, the right and
privilege of Grantee and its employees, agents, representatives, contractors, subcontractors, and
workmen to: (i) perform all activities as may be necessary to facilitate the purposes of the
Temporary Construction Easement; (ii) use, control and occupy the Temporary Construction
Easement Parcel ; (iii) have access to, ingress to, and egress from the Temporary Construction
Easement Parcel; (iv) use and temporarily place and operate tools, equipment, machinery and
materials on the Temporary Construction Easement Parcel; and (v) trim, cut, or clear away any
trees, brush or other vegetation or flora, including the roots thereof, located within the Temporary
Construction Easement Parcel.
MAILTAX STATEMENTS AS DIRECTEDABOVE
By its acceptance of this Temporary Construction Easement, Grantee covenants and
agrees, by and for itself, its assigns, heirs and voluntary and involuntary successors in interest
to the Temporary Construction Easement, that upon completion of that portion of the Project
abutting to the Property, Grantee shall: (i) repair or replace in kind, at Grantee's sole discretion
and expense, any improvements such as fences, gates and other "hard" features that the
Grantor did not receive compensation, existing on the Temporary Construction Easement
Parcel that are damaged as a result of Grantee's exercise of its rights and privileges under the
Temporary Construction Easement; and (ii) leave the Temporary Construction Easement Parcel
in a clear, graded state with no construction debris present. Notwithstanding the foregoing,
Grantee shall not be obligated to repair and/or replace any vegetation removed by Grantee.
The Temporary Construction Easement shall automatically expire and be of no further
force and effect upon the date ("Expiration Date") that any of the following -described events first
occurs: (i) the recording of a quitclaim or other deed whereby Grantee conveys to the then fee
owners of the Temporary Construction Easement Parcel all its rights, title and interest in the
Temporary Construction Easement; or (ii) Twelve Months (12) from the date of recording of the
Temporary Construction Easement. Termination of the Temporary Construction Easement as
of the Expiration Date shall be automatic without any further act by either Grantor or Grantee.
The Temporary Construction Easement and covenants contained herein shall run with
the land and shall inure to the benefit of and be binding upon the Grantor and Grantee and their
respective assigns, heirs, and voluntary and involuntary successors in interest.
All Exhibits attached hereto are incorporated herein by reference.
Subject to the rights of Grantee and the covenants and restrictions contained herein,
Grantor retains the right to use the Temporary Construction Easement Parcel for any purpose
that does not interfere with Grantee's use of the Temporary Construction Easement and
exercise of all rights and privileges thereof.
GRANTOR,
Roberty L. Morey
Date
NMARY ACKNOWLEDGEMENT
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.
STATE OF CAL 1 r O 2 N 1'fl §
COUNTY OF 6 C
On before me, �`i-' a^ c a "�, a Notary Public, personally
appeared R08 ef, 7 L • MIDAE—y who proved to me on the basis of
satisfactory evidence to be the persono whose namelydj is/an-subscribed to the within instrument and
acknowledge to me that helsbeh" executed the same in his/herMWr authorized capacity(jes), and that by
his/hsrAhoi-signature(p on the instrument the persona) or the entity upon behalf of which the persono
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. HEMANSHU P. BADANI
COMM.. 2081160
NOTARY PUBLIC -CALIFORNIA
Signature'"-- (Seal) ORANGE COUNTY W
My Term Exp. October 7, 2018
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
(APN: 673-111-28)
26112 CALLE COBBLESTONE
City of San Juan Capistrano, County of Orange, State of California
THE SOUTHWESTERLY 58.00 FEET OF THE SOUTHEASTERLY 52.50 FEET OF LOT 5 OF
TRACT NO. 15701, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 834 PAGES 49 THROUGH 50 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE FOLLOWING:
COMMENCING AT THE MOST EASTERLY CORNER OF SAID LOT 5 ALSO BEING THE MOST
SOUTHERLY CORNER OF LOT 6 OF SAID TRACT; THENCE SOUTHWESTERLY ALONG THE
EASTERLY LINE OF SAID LOT 5, BEING A CURVE CONCAVE TO THE SOUTHEAST, HAVING
A RADIUS OF 3046.00 FEET, A RADIAL BEARING OF NORTH 57-27'15" WEST THROUGH A
CENTRAL ANGLE OF 0047'19" AND AN ARC LENGTH OF 41.93 FEET TO THE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE OF LOT NORTH 58022'44" WEST A
DISTANCE OF 7.83 FEET; THENCE SOUTH 31037'16" WEST A DISTANCE OF 3.70 FEET;
THENCE SOUTH 20019'43" WEST, A DISTANCE OF 11.00 FEET; THENCE SOUTH 30019'28"
WEST, A DISTANCE OF 15.75 FEET; THENCE SOUTH 26011'58" WEST A DISTANCE OF 9.32
FEET; THENCE SOUTH 29111'26" WEST A DISTANCE OF 6.77 FEET; THENCE SOUTH
25-12'14" WEST, A DISTANCE OF 1.88 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF
LOT 5 OF SAID TRACT NO. 15701; THENCE SOUTH 57°13'19" EAST ALONG SAID LINE A
DISTANCE OF 4.21 FEET TO A POINT ON CUSP, SAID POINT BEING THE BEGINNING OF A
NON -TANGENT CURVE, RADIALLY SOUTH 59°09'01" EAST, CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 3,046.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE
AND EASTERLY LINE OF SAID LOT 5 THROUGH A CENTRAL ANGLE OF 0054'26" AND AN
ARC LENGTH OF 48.23 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,772 SQ FT 0.064 ACRES
AND AS SHOWN ON EXHIBIT `B" ATTACHED HERETO AND MADE A PART OF HEREOF.
S2 -
CLEMENT N. CALVILLO, RCE 27743
CNC Engineering
Job No. 15-036
Checked by: VS January 19, 2017
9pikoFESSIO
%AEM€C
Ix w C27743 1- m
* EXP. 03/31/2018 0
CIV 11.
9 OF CALL
EXHIBIT B
SAY LINE
OF LOT 5
r
LINE TABLE
III
LENGTH
BEARING
L1
7.83'
N58'22'44'W
L2
3.70'
S31'3716"W
L3
11.00'
S201 9'43"W
L4
15.75'
S3019'28"W
L5
9.32'
S261 1'58"W
L6
6.77' J
S2911'26'W
L7v
1.88'1
S2512'14"W
L8
4.21'
S5713'19'E
L9
52.53'
S5713'19'E
L10
52.51'
N5713'19"W
EXHIBIT B
SAY LINE
OF LOT 5
r
LOT 6
t
r
i
P.O.B.
i
s
t
94,TIONAL
'S
ROAD
- RIGHT OF WAY PER
SEPARATE DOCUMENT
16•
�
'+
L7
L8
1
LOT 6
TRACT N0. 16701 DETAIL 'A'
BK 834. PO 604
N.7:3.
LOT 6 4
TRACT X0. 16701 0
BK 634. PO 60 .
APN 673-111-28
2,772 SQ. FT.
TEMPORARY P.O.C. EXCEPTION
CONSTRUCTION ` MOST ELY CORNER
EASEMENT [r OF LOT 5
:-'0,0FESS/
LOT 66 ` 52.5' r /G
TRACT NO. 103 y. , P.O.B. C 1 743 m
BK 11, PG 33 '1'' ' EXCEPTION y`xP.0313p12pIB C3
=,
SEE DETAIL 'A'
2.9Qr . HEREON �CIVIL 1\P
Of CALIfti
CURVE TABLE
LENGTH RADIUS ' DELTA /
Ct 41.93' 3046.00' 0'019' SHEET f OF f
C2 48.23' 3046.00' 0'54'26" Prepared by.
CNC ENGEMEMG
C3 58.02' 3098.50' 1104'22' 2121 Alton Purkway, Suite 200
Irvine, CA 92605
Phone (949) 863-0588
(R) PER TRACT NO.15701 BK 834, PG 49-50 www.enc—ang.com
Job No. 15-036 June 26, 2017
LOT 6
t
P.O.B.
s
eC1
94,TIONAL
ROAD
- RIGHT OF WAY PER
SEPARATE DOCUMENT
SS9
�
.91j
ov1
LOT 6
TRACT N0. 16701 DETAIL 'A'
BK 834. PO 604
N.7:3.
LOT 6 4
TRACT X0. 16701 0
BK 634. PO 60 .
APN 673-111-28
2,772 SQ. FT.
TEMPORARY P.O.C. EXCEPTION
CONSTRUCTION ` MOST ELY CORNER
EASEMENT [r OF LOT 5
:-'0,0FESS/
LOT 66 ` 52.5' r /G
TRACT NO. 103 y. , P.O.B. C 1 743 m
BK 11, PG 33 '1'' ' EXCEPTION y`xP.0313p12pIB C3
=,
SEE DETAIL 'A'
2.9Qr . HEREON �CIVIL 1\P
Of CALIfti
CURVE TABLE
LENGTH RADIUS ' DELTA /
Ct 41.93' 3046.00' 0'019' SHEET f OF f
C2 48.23' 3046.00' 0'54'26" Prepared by.
CNC ENGEMEMG
C3 58.02' 3098.50' 1104'22' 2121 Alton Purkway, Suite 200
Irvine, CA 92605
Phone (949) 863-0588
(R) PER TRACT NO.15701 BK 834, PG 49-50 www.enc—ang.com
Job No. 15-036 June 26, 2017
CITY OF SAN JUAN CAPISTRANO
CERTIFICATE OF ACCEPTANCE OF GRANT OF TEMPORARY
CONSTRUCTION EASEMENT
[Portions of APN 673-111-28]
This Certificate of Acceptance pertains to the interests in real propert
conveyed by the Grant of Temporary Construction Easement dated � 0 V\f- 7-1) Yo
k-1
to which this Certificate of Acceptance is attached,
from: Robert L. Morey ("Grantor")
to: CITY OF SAN JUAN CAPISTRANO,
aCalifornia municipal corporation ("Grantee")
Said Grant of Temporary Construction Easement is hereby accepted by the
undersigned officer on behalf of Grantee pursuant to authority conferred by the
Grantee's governing body, and Grantee hereby consents to recordation of such Grant.
Dated:—q 11- CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation
r
By: -
j.u,_ieg y Man ger
Att t:
_ (:�
City lent
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
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.
State of California
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On September 11, 2017, before me, Christy tlakl, Assistant City Clerk, personally appeared
13enj.t111in Siegel, City Manger, 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 (ies), 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)
Capacity Claimed by Signers
City Manager
Title
Signer is Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
Chris Tak"Assistanf, tty Clerk
OPTIONAL
Description of Attached Document
Title or Type of Document
Certificate of Acceptance of Grant of Temporary
Construction Easement APN 673-111-28
Grantor: Robert L. Morey
Attachment 2
f1 U
RECORDING REQUESTED BY
Recorded in Official Records, Orange County
Engof ineering
Juan Capistrano Hugh Nguyen, Clerk -Recorder
32400 Paseo Adelanto
Enginneeering Department IIII Illilll IIIIIIIIIIIIII III 11111�1111
1111 1�111 III I]IIIIII IIINO FEE
San Juan Capistrano, CA 92675 *$ R D 0 D 9 5 7 7 3 9 8$*
20170004016971:11 Pm 09121117
AND WHEN RECORDED MAIL TO: 90 SCS E01 6
City Clerk 0.00 0.00 0.00 0.00 16.00 0.00 0.00 0.00
"Same address as above"
EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 61 OJ &27383 (SPACE ABOVE)
APN: 673-111-28
GRANT OF EASEMENT
IT
Robert L. Morey, an unmarried man (referred to herein as "Grantor"), is the owner in fee of
certain real property located at 26112 Calle Coblestone, San Juan Capistrano, County of Orange,
r1
State of California, (hereinafter referred to as the "Property").
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor does
hereby GRANT and CONVEY to the CITY OF SAN JUAN CAPISTRANO, a California municipal
corporation, under the laws of the State of California (the "Grantee", hereinafter referred to as
"City"), its successors and assigns:
1. Permanent Easement. Permanent Easement interest to that certain portion of the
Property more fully described in EXIBIT "A" and depicted in EXHIBIT "B" attached hereto and
incorporated herein by reference (hereinafter referred to as the "Permanent Easement Parcel")
for public street, road and public utilities purposes.
The Permanent Easement and covenants contained herein shall run with the land and shall
inure to the benefit of and be binding upon the Grantor and Grantee, their respective heirs,
successors and assigns.
All Exhibits attached hereto are incorporated herein by reference.
GRANTOR:. ! �'
r
Robert L. Morey
Date
MAILTAX STATEMENTSAS DIRECTEDABOVE
NOTARY ACKNOWLEDGEMENT
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.
STATE OF
COUNTY OF O
On Q ✓oiu s r .2 ? Zv 17 , before me, ::[ (,�e W �. c , a Notary Public, personally
appeared Rc>ber4 L. Mo who proved to me on the basis of
satisfactory evidence to be the person }'rr hose nanny4"isl�'subscribed to the within instrument and
acknowledge to me that hely executed the same in his/luw4tlreir authorized capacitykies) and that by
his/karkheir signatureo-on the instrument the personf* or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERI URY under the laws of the State of California that the foregoing
paragraph is true and correct.
JEFF WELLCOME
y�
WITNESS my hand and official seal. ¢ " Commission No 2096568 ` .� NOTARY PUBLIC -CALIFORNIA �
ORANGE COUNTY
My C = Exprres JANUARY m 20,9
Signature (Seal) ..•,�...,.••••
EXHIBIT "A"
ROAD EASEMENT
LEGAL DESCRIPTION
(APN: 673-111-28)
26112 CALLE COBBLESTONE
City of San Juan Capistrano, County of Orange, State of California
A PORTION OF LOT 5 OF TRACT NO. 15701, 1N THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 834, PAGES
49 AND 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORNER OF SAID LOT 5 THENCE
SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 5, BEING A CURVE
CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 3046.00 FEET, A RADIAL BEARING
OF NORTH 57027'15" WEST, THROUGH A CENTRAL ANGLE OF 0-47'19" AND AN ARC LENGTH
OF 41.93 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY
LINE OF SAID LOT 5 NORTH 58022'44" WEST, A DISTANCE OF 7.83 FEET; THENCE SOUTH
31037'16" WEST, A DISTANCE OF 3.70 FEET; THENCE SOUTH 20°19'43" WEST, A DISTANCE
OF 11.00 FEET; THENCE SOUTH 30°19'28" WEST, A DISTANCE OF 15.75 FEET; THENCE SOUTH
26011'58" WEST, A DISTANCE OF 9.32 FEET; THENCE SOUTH 29°11'26" WEST, A DISTANCE
OF 6.77 FEET; THENCE SOUTH 25'12'14" WEST, A DISTANCE OF 1.88 FEET TO A POINT ON
THE SOUTHWESTERLY LINE OF SAID LOT 5; THENCE SOUTH 57'13'19" EAST ALONG SAID
LINE A DISTANCE OF 4.21 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 5, SAID
POINT BEING THE BEGINNING OF A NON -TANGENT CURVE, RADIALLY SOUTH 59°09'01"
EAST, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3,046.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE AND SAID SOUTHEASTERLY LINE OF SAID LOT 5,
THROUGH A CENTRAL ANGLE OF 0054'26" AND AN ARC LENGTH OF 48.23 FEET TO THE
POINT OF BEGINNING.
CONTAINING 274 SQ. FT (0.006 AC), APPROXIMATELY,
AND AS SHOWN ON EXHIBIT `B" ATTACHED HERETO AND MADE A PART OF HEREOF.
CL ENT N. CALVILLO, RCE 27743
CNC Engineering
Job No. 15-036
Checked by: VS (06/06/2017)
�g%-j,0FES8f(j ,
Im (
u w C 27743
* EXP. 03/31/2018 r
��► �FIV
CAL
N
N.T.S.
EXHIBIT B
LINE TABLE
#
LENGTH
BEARING
L1
7.83'
N58'22'44"W
L2
3.70'
S31'37'16"W
L3
11.00'
S20'19'43"W
L4
15.75'
S30'1 9'28"W
LS
1 9.32'
S26'11'58"W
L6
6.77'
S29'1 1'26"W
L7
1.88'
S25'12'14"W
L8
4.21'
S57'13'19"E
LOT 6
TRACT NO. 15701
BK 834, FG 50
LOT 5
TRACT NO. 15701
BK 854, FG 50
APN 673-111-28
LOT 66
TRACT N0. 103
BK 11, FG 33
CURVE TABLE
#
LENGTH
RADIUS
DELTA
C1
41.93'
3046.00'
0'47'19"
C2
48.23'
3046.00'
0'54'26"
LOT
SW'LY LINE
' OF LOT 5 L2
1"
L3
i a-
L5
' L6
L7
LEI 09
DETAIL
/\—SEE DETAIL 'A'
.,Ox HEREON
� b7
5
C1
(' P.O.B.
r
r
r
e�
7�
F
,A,,
43 A.
L
P.O.C.
-MOST E'LY CORNER
OF LOT 5
/ SHEET 1 OF >
Prepared by.
(R) PER TRACT NO.15701 BK 834, PG 49-50
CNC ENGINEERING
2121 Alton Parkway, Suite 200
Irvine, CA 92806
Phone (949) 863-0588
www.cnc—eng.com
Job No. 15-036 June 1, 2017
CITY OF SAN JUAN CAPISTRANO
CERTIFICATE OF ACCEPTANCE OF GRANT OF EASEMENT DEED
[Portions of APN 673-111-28]
This Certificate of Acceptance pertains to the int rests in real property
conveyed by the Grant of Easement Deed dated tAA LA'S z 1-1 to
which this Certificate of Acceptance is attached,
from: Robert L. Morey ("Grantor")
to: CITY OF SAN JUAN CAPISTRANO, a
California municipal corporation ("Grantee")
Said Grant of Easement Deed is hereby accepted by the undersigned officer
on behalf of Grantee pursuant to authority conferred by the Grantee's governing
body, and Grantee hereby consents to recordation of such Grant.
Dated: - �� ' I, CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation
By:
_ /
Si , City M ager
Attest:
��-
k t�y
Citer
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
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.
State of California
County of Orange ) ss.
City of San Tuan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On September 11, 2017, before me, C bri4t} ,lald, Assistant City Clerk, personally appeared
Ben aurin Siegel, City Manger, 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 (ies), 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)
Capacity Claimed by Signers
City Manager
Title
Signer is Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
Christy Ya'kh-Assistani Cit Jerk
OPTIONAL
Description of Attached Document
Title or Type of Document
Certificate of Acceptance of Grant of Easement
Deed APN 673-111-28
Grantor: Robert L. Morey
Attachment 3
Page "_D
/f
zj
t NMI
I
3
a
O
J
11
,11
,g11
,.O
V O-
o
n•
e a