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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