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17-0815_TAYLOR, RONALD L. & CINDY KAE_E9_Agenda ReportTO: FROM: City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council ::l§:n Siegel, City Manager 8/15/2017 E9 SUBMITTED BY: Steve May, Public Works and Utilities Director ,LIUA- PREPARED BY: DATE: SUBJECT: George Alvarez, City Engineer, P.E. August15,2017 Consideration of Agreements for Acquisition of Real Property from Adjacent Property Owners for Del Obispo Street Widening Project at 32221 and 32151 Del Obispo Street and 26112 Calle Cobblestone RECOMMENDATION :· 1. Approve and authorize the City Manager to execute agreements for acquisition of real property from adjacent property owners at 32221 and 32151 Del Obispo Street and at 26112 Calle Cobblestone; and, 2. Authorize the City Manager to sign the certificates of acceptance of grants of permanent easements and temporary construction easements. DISCUSSION/ANALYSIS : Design of the Del Obispo Street Widening Project has been completed and the Project was advertised for construction on June 29, 2017. The widening project requires roadway easements and temporary construction easements from three adjacent property owners at 32221 and 32151 Del Obispo Street and 26112 Calle Cobblestone as depicted on Attachment 1. The property at 26112 Calle Cobblestone backs onto Del Obispo Street south of Calle Aspero, and the needed easements are at the rear of this property. The City has negotiated agreements with the three property owners to acquire the needed roadway easements and temporary construction easements, and the agreements have been signed by each of the property owners (Attachment 2, 3, and 4 ). Staff recommends that the City Council approve these agreements and authorize the City Manager to sign the agreements and the certificates of acceptance for the easements. City Council Agenda Report August 15, 2017 Page 2 of 3 The payments or other considerations to be provided to each property owner were negotiated with each property owner and are based on appraisals of the properties and rights to be acquired, and on the value of the acquired properties and rights to the Project. Without the acquisition of this property for roadway and temporary construction easements, this project cannot move forward. FISCAL IMPACT: Agreements with two adjacent property owners at 32151 Del Obispo Street and 26112 Calle Cobblestone will require payments to those property owners for a total amount of $68,937. The agreement with a third adjacent property owner at 32221 Del Obispo Street does not involve monetary compensation, but is contingent on the transfer of unused right-of-way through the vacation process also on tonight's agenda. The current unencumbered Project budget of $1,323,000 is sufficient to cover these costs. Funding for the Project is 50% Measure M2 grant funds and 50% Capistrano Circulation Fee Program funds. ENVIRONMENTAL IMPACT : A Mitigated Negative Declaration (MND) was previously prepared and adopted for the Project on March 21, 2017, by Resolution No. 17-03-21-04. The action proposed is consistent with the previously adopted MND, which serves as the environmental documentation for this action under provisions of the California Environmental Quality Act. PRIOR CITY COUNCIL REVIEW : • On September 16, 2014, the City Council adopted a Resolution authorizing submission of an application for grant funds to the Orange County Transportation Authority in its call for projects for the Del Obispo Street Widening Project. • On November 3, 2015, the City Council approved a Professional Services Agreement with CNC Engineering to perform professional engineering services to prepare engineering design, specifications, cost estimates, and environmental documents for the Del Obispo Street Widening Project in an amount not to exceed $191,142, which includes a 10% contingency. • On May 23, 2016, at the budget workshop, and at the 75% design phase of the Project, the City Council reviewed the Project and took no action, allowing the project to proceed through completion of design and environmental documentation. • On March 21, 2017, the City Council adopted a Resolution approving the Del Obispo Street Widening Project from Calle Aspero to Paseo De La Paz . • On March 21, 2017, the City Council adopted a Mitigated Negative Declaration for the Del Obispo Street Widening Project from Calle Aspero to Paseo De La Paz. City Council Agenda Report August 15, 2017 Page 3 of 3 • On June 6, 2017, the City Council approved Amendment No.1 to the Professional Services Agreement with CNC Engineering Inc. and Property Specialists Inc. (CPSI) to increase the compensation amount. • On July 18, 2017, the City Council adopted a Resolution of Intent declaring the City's intent to vacate portions of Del Obispo Street right of way at 32151, 32221, and 32351 Del Obispo Street, and setting a public hearing date of August 15, 2017, to consider the right of way vacation. • On August 16, 2017, the City Council will consider adoption of a Resolution vacating a portion of right-of-way on Del Obispo Street. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS : This item does not require commission review . NOTIFICATION: Robert L. Morey (adjacent property owner) Harry Falklam (adjacent property owner) Ron and Cindy Taylor (adjacent property owner) Dan Almquist (adjacent property owner) May Hout, Orange County Transportation Authority ATTACHMENTS: Attachment 1-Easement Areas Map Attachment 2-Agreement 26112 Calle Cobblestone Attachment 3-Agreement 32151 Del Obispo Street Attachment 4-Agreement 32221 Del Obispo Street APN: 673-061 -08\ PRtVA, TE '61-29 PR'V£wA y !11 P/1.--.;;;r: ~ ·----.. I , l APN 67:-0~~-Qg¥·--i O'P,o\ AZ .. "·-·---.... APN: 673-061-10 32351 DEL OBISPO STREET DAN AL~OUIST ........ _ ......__ --~-'•"._,r<X R/W -.......... -, __ ,...--m · > ~ () 'i-m <.... ~ ~ "'C Q) "' CD Q, APN: 673-111-21 32221 DEL OBISPO STREET TAYLOR FAMILY TRUST PRIVATE DRiy_EWA"''. ~-· I : APN: 673-801-22 f OLIVA HOMES I /ooo ~•m~ APN: 673-111-17 32151 DEL 061SPO STREET HARRY FALKA~ % ----·::: .... ~----------·-------. =-,.. _.."'~~ <D•oo .J:n EX R/IIJ "' ---------1. _____ -............... DEL ostsPo STREET --,·., .. r PARCEL 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 ("Agreement") is entered into this .J_ t day of June . 2017 by and between the City of San Juan Capistrano. a Caliomia mun icipal 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 B. Permanent Roadway Easement C. Improvements D. Negotiated Settlement TOTAL (rounded): $11,673 $ 400 $19,914 $25,250 $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. ?age 1 Attachment 2-Page 1 of 21 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. At the Buyers discretion, Escrow Agent shalt, 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 in Section 3 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 frorn 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 same 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 Paqe ? Attachment 2-Page 2 of 21 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 current taxes are unpaid after December 10 and/or April1 0. 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 INSTRUCTIONS 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 retum 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 E'ay-e 3 Attachment 2-Page 3 of 21 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 oftitle 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. LOSS OR DAMAGE TO IMPROVE ME~. 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, ?age 4 Attachment 2-Page 4 of 21 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. 8 . To the best of Seller's knowledge, 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 ofthe 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 Attachment 2-Page 5 of 21 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 seq. (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 sea. (42 U.S.C. S9601). 15. COMPLI ANCE W ITH ENVIRONMENTA L 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, or the 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 . Attachment 2-Page 6 of 21 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, e~eisting 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 andfor 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 aU its rights , title and interest in the Temporary Construction Easement; or (li) Twelve Months (12) from the date of recording of the Temporary Construction Easement. Tennination 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 Gra11tor 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. Roberty L. Morey Date Attachment 2-Page 7 of 21 A notlry public or oltler olflcer completing 11111 celtlllcate verifln only the Identity of the Individual who signed the document to which thla certlftcate Ia attached, and not the trulllfl.llneH, a«uracy, or validity of that document. STATEOF _(~_!::-IF _Q_B_N'/[J § COUNTYOF ~6;"""--""E~-- llp~arcd wllo proved to me 011 the ... Is or lllldllfllctory evideaee to be tbe peno~ whose ume(f) ill~~rrsublcribed to the witllila Instrument aad acknowledge to me that bel~ eKecuted the same In hlsltlen'thelr autllorlzed capacity(~, and that by hls/MII."IMIIP-signalure(l) on the instrument tbe penon<!) or the entity upon behalf or which the penon~ acted, executed the Instrument. I certifY under PENALTY OF PERJURY uader the laws or tH State or California that the roregoln& paraanph is true .. d correet. WITNESS my hand 11nll ufficiul saL Signature _____ .1 '_J.,. • • --~ ___ (St>al) 1 / Attachment 2-Page 8 of 21 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 City Manager MAILING ADDRESS OF BUYER 32400 Paseo Adelanto San Juan Capistrano, CA 92675 APPROVED AS TO FORM BY: =-~-----------------City Attomey ATTEST BY: _________ _ City Clerk DATE: ________ _ SELLER G#?-I Date DATE : _______ _ MAILING ADDRESS OF SELLER 26112 Calle Coblestone San Juan Capistrano, CA 92675 E'age 7 Attachment 2-Page 9 of 21 Attachment 1 ?Fl.'Jr? -~1 Attachment 2-Page 10 of 21 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, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 834 PAGE 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING DESCRlBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF SAlD 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 0°47'19" AND AN ARC LENGTH OF 41.93 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE OF LOT NORTH 58°22'44" WEST A DISTANCE OF 7.83 FEET; THENCE SOUTH 3!0 37'16" 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 26°ll '5S" WEST A DISTANCE OF 9.32 FEET; THENCE SOUTH 29° II '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 SOlJTHWESTERL Y 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 UNE OF SAID LOT 5 THROUGH A CENTRAL ANGLE OF 0°54'26" AND AN ARC LENGTH OF 48.23 FEET TO THE POINT OF BEGINNING. CONT AlNlNG 274 SQ. FT (0.006 A C), APPROXlMATEL Y. AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF. CLE~N. CALVILLO, R: 27743 CNC Engineering Job No. 15-036 Checked by: SN (06/0 1/20 17) Attachment 2-Page 11 of 21 EXHIBIT B ---------, ...... -~ N.T.S. , L1 L2 LJ L4 LS L6 L7 LB UNE TABLE LENGTH 7.BJ' 3.70' 11.00' 15.75' 9 . .32' 6.77' 1.88' 4.21' BEARING N58'22' 44 ·w Sl1'J7'16"W S20,9'4J"W SJ0,9'28"W S2611'58"W S2911'26"W S2512'14"W S5713'19"E LOTS TRACT NO. 16701 BK 884, PC SO LOT6 TRACT NO. 16701 BK 884, PC 60 APN 673-111-28 LOT 66 TRACT NO. 108 BK t1. PC 88 CURVE TABLE # ILNGTH RADIUS DELTA Cl 41.93' .3046.00' 0'47'19" C2 48.23' .3046.00' 0'54'26" (R) PER TRACT N0.15701 BK 834, PG 49-50 I I I I , , / ,; ~ ,.. ,; ,. ,' SW'LY UNE / OF LOT 5 L2 I I I I I I I \ " ' " " ' LOT6 ' ' \ ' C1 \ r / SHEET 1 OF 1 Prepared by: I " I I I CNC ENGINEERING I I I I I I \ \ I I I I I I I I I I 2121 Alton Paf'i(way, Suite 200 lrvfno, CA 92606 Phone (949) 863-0588 www.cnc:-eng.com Jab No. 15-036 June 1, 2017 Attachment 2-Page 12 of 21 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 interests in real property conveyed by the Grant of Easement Deed dated 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. Dawd. ______________ __ Attest: City Clerk CITY OF SAN JUAN CAPISTRANO, a Califomia municipal corporation By __________________________ __ City Manager Attachment 2-Page 13 of 21 Attachment 2 Attachment 2-Page 14 of 21 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" EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 610J &27383 (SPACE ABOVE) APN: 673-111-28 GRANT OF EASEMENT Robert L. Morey, an unmarried man (referred to herein as "Grantor"), is the owner in fee of certain real property located In the City of San Juan Capistrano, County of Orange, State of California, more fully described in EXHIBIT "A" and depicted in EXHIBIT "B", attached hereto (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 Callfomla municipal corporation, under the laws of the State of California (the "Grantee", hereinafter referred to as "City"), its success.ors and assigns: 1 Penna nen t E asement. Perma nent Eas eme n t1 nteres t to that certain POll on of the 1 'I"IJ•··tt y •noo f' lull v •t1: <.n il t1 11111 dep tcted m X t IlLII I 0 att ached hereto a11 d incor pora ted herein hy ldi'.'II!IIC•·' 1h r•co "'"II •·• ~t ·III H :d to as lh "Pnr m<t 11 ~11 t Ease ment Pa rcel") for public street, 1 o. 1rl ,Ill• I fllibil<. ullliii<·1S p111 poses . 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 . I R o l ·L j! 6~) Q~L'I Date MAIL TAX STATEMENTS AS DIRECTEDABOVE Attachment 2-Page 15 of 21 A notary public or other officer completing this certlftcate verifies only the Identity of the Individual who signed the document to which !hie certlllcete Ia attached, and not the truthfulness, accuracy, or valkllty of that document. STATEOF (ALIFo/IVtA COUNTY OF 0e-Awtr e § On .Ju...,o..q_ '2 t 'l v I 1 , before me, 1(._ ....-.u.v..t..... f. ~ . a Not.ry Public, personally appenrcd ___ 'c.G<:'·R J , f'1.oRe-' who proved to me on the basis of satisfactory evidence to be the penon~ whose name(,~) islaM subl!lcrlbed to the within Instrument and aclutowledp to me tllaat lie/~ euc•ted the same la hlsllwt/tllelt authorized capaeityEMe-), and that by hl~r slgnatu....., on tbe instrument the penon~ or the entity upon behalf of which the person~ acted, exetuted the Instrument. I certify Ullder PENALTY OF PERJURY under the laws or the State of California that the foregoing paragraphIa true and corrett. WITNESS •Y hand aod offici11l seal. ;--') ..J,. ' Signature __ _ _ ___ (Seal) Attachment 2-Page 16 of 21 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 LlNE 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 0°47'19" AND AN ARC LENGTH OF 41.93 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE OF LOT NORTH 58°22'44" WEST A DISTANCE OF 7.83 FEET; THENCE SOUTH 31"37'16" 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 26°11 '58" WEST A DISTANCE OF 9.32 FEET; THENCE SOUTH 29"11'26" WEST A OlSTANCE OF 6.77 FEET; THENCE SOUTH 25° 12' I 4" 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 0"54'26" 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. C ) -z-r--------- • CLEMENT N. CALVILLO, RCE 27743 CNC Engineering Job No. 15-036 Checked by: VS January 19,2017 Attachment 2-Page 17 of 21 EXHIBIT B ---------- ...... ~ ...... -LINE TABLE , l..£NG1li BEARING L1 7.83' N58'22'44WW L2 3.70' SJ1'37'16"W L3 11.00' S2019'43"W N.T.S. , C1 L4 15.75' L5 9.32' L6 6.71 L7 l.BB' l8 4.21' L9 52.53' LIO 52.51' LOTS TRACT NO. 15701 BK 834, PG SO APN 673-111-28 LOT 66 TRACT NO. t08 BK tt, PC S3 CUR'~£ TABLE S~0'19'2B"W S2611'58"W S2911'26"W S25'12'14"W S57'13'19"E S57'13'\9"E N57'13'19"W LOTB TRACT NO. 15701 BK 884, PC 50 liNGlli RADIUS DELTA 41.93' 3046.00' 0'47'19" C2 48.23' 3046.00' 0'54'26" CJ 58.02' 3098 .50' 1'04'22" (R) PER TRACT N0.\5701 BK 834, PG 49-50 I I I I I I I I ' / I I I I , , , ~ / SW'LY UNE ' OF LOT 5 L2 LOTS ' ... " C1 P.O.B. ~"1l'' r~_.,ijsz SHEET 1 OF 1 Prepared by. ' \ \ ' ' I CNC ENGINEERING ' ' I I I I I I I 2121 AJton Parkway, Suite 200 Irvine, CA 92606 Phone (949) 863-0588 www.c:nc-eng.com Job No. 15-036 June 26, 2017 Attachment 2-Page 18 of 21 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 property conveyed by the Grant of Temporary Construction Easement dated ____ _ to which this Certificate of Acceptance is attached, from: Robert L. Morey ("Grantor'') to: CITY OF SAN JUAN CAPISTRANO, aCalifomia 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: _______ _ Attest: city Clerk CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By _____________ __ City Manager Attachment 2-Page 19 of 21 Attachment 3 Paqe 10 Attachment 2-Page 20 of 21 ® --,..._ ---_____.,. --DEL oBISPO STREET PLANTING NOTES, CONT~CTOft ~ALL BE RE~I6Lf F'OR MAII:IN::i 1-lll"t&ELF FAMIL.IAI!i L&,IITI-4 ALL t.NDE~~ UTIL.ITIE&. PIPE& AND S.T!IaJCTU~S. CON.TRACTO!Ii! &HALL TAKE SOLE fte~IBILITT FOR C~T INCUR:Iil£0 OtJE TO OAMAI:i&E AND REI""'..ACI!M!NT Of SAID UTILITIES. c;o.,ITRACTOR S4.1Al.L NOT \I,ILLR.Jl.L T PllilOGEED \lA TI-I CGlNSTRLICTIOol A~ ~ 1&1-EN IT IS 08YIOU!) T'-&AT LNCNOUN C('.lN)Hic::WS AI</D /OR oeJECTS. EXI&T T~T HAY NOT HA\1'£ !SEEN Jc:N0J.N OORWI:i. fi.E PREPARATION Of TMI9 PLAN !II.ICI-I CONOITtQN& OR oeJECT5 ~l eE t't1EOIATEL. T ~l-IT TO THE ATTENTION OF T~ CITT T~ Co.ITRACTOR SHALL A&SU1E FULL. llte$PGlriiSI&ILITT FOR ALL NECE~ART ~Vl"ON5 DUE TO FAILUIIE TO C.IVE 91JCI-l """TIFICATIOII 3o _ ALL EXISTINCI IHPRIOVEMENTS, MATERIAL.$. AND FL.ANT MATERIAL 1& TO REMAIN IN THe CONSTJa.ICTION AlltEA, AND SHALL BE ~liil. T ANC ADEQUATEL. T PROTECTED FFiDH DAHA6E OUJO!:INCI ~TNIJCTION. TI-lE CONTRACTotiil: &HALL REPAIR Ofii!: REPLJI.CE ANT EXISTING ITEMS DAMA6ED OR DISTU!Ii5ED AS APP~O eT TI-lE CITT AT NO ADDITION.AL COST TO H-IE CITY, CONTRACTOR ~HALL YISIT !oiTE Plii.IOfi: TO &10, NO C~E IN CONTRACT PRICE WILL ~ ALL.OUEO IEOIIt ACTUAL. Olli: CLAIMED DISCREPANCIES eETUEEN EXI~TINGo SHE CONOITICINS. AND N0!5£ ~ ON 11\.,AN$. PLANT Q.lANTiftfSo INDICATED IN PLANT LI~T ~L eE vERIFIED BY CONTRACTOR FROM PLAN ~lOR TO BID CONTRACTOR TO PROviDE MoO NT ALL ALL PLANTS. 4!:1 INOCATEO OW PLAN. t> ALL 601L Pf!ilE~AIItATICN I"'LATE!Ii!IAL.S AMI: TO eE STClCKP'ILEO 011 !t!TE .AND AI'¥'ROVEO BY CITY FO~ QLIANTITY AND MATEfi:IAL.6 PRIOR TO IN&TAL.LATION ~E 5PECIFICATIONS FOR ro!EGIUI~O !SUBMITTAL 01 INVOICES AND DELivEIIi!Y 6L.IJD6 ALL. TREEfi TO BE IN6TAL.L.EO WIT._. Af"PRR\\EO DEEP ROOT eA~I!It. FIN.I~ C::oRAOE TO e! i'" SEL.ou.l ALL. WALII::a. CW!mBo AND F"AVINCa CONTIIitACTOfliil: TO GUARANTEE ALL.~ FOR¥ OATS. FfOlOH DATE OF ACCEPTANCE BY TI-lE CITY Al\0 ALL PALM& AND TJO£EBo. FOR ONE TEAR FRCM DATE OF ACCEPTANCE BY fi..E CITY ® PLANT LIST SY1'1 ! QTT I SIZE J BOT ANI CAL NAME COI'T"'IN NAME OLEA 'FRUITLE&S' FFi!JITLES$ OLIVE ~ IELO.AAK:A I AFG~AN PINE 6CI-llto.\JS MOLLE J CAL~IA PEPPER TRE!: l..AUERSHiOEI"''IA ~ICA X FAURIEI 'N.ATOEZ' I NATCWEZ CRAPE MT'RTLE ~~~;~e.~~;~~~~T~E=~~w~.Z:~~~~~~TTE~DITIOII ~~! 15> CONTRACTOR 5lo!AL.L. TU~ OvEPi: TI-lE FOL.L.OWI~ ITEMS eEFOfii!E TWE END OF TI-lE MAINTENANCE ~ le2 5oC;.AL. ecu;.AINYILLEA 'LA JOLLA' eo...IGAINVILLEA 'LA JOLLA' PEiii!IOO: ~ 11 51C1AL C:I$TU5 X 'SI.N&ET' MAGENTA ROCK. lii!OSE o1 COPIE6 OF-ALL I""LANT INVOICE5 (f"'RICINCi TO BE REDACTEDJ C. CONFIMMATION LETTER S.TATINC::o TI-lE TEIII!I'15 AND CONDITIONS OF WA.RIIitANTIES AND PEIIi!IOOS !> ~ SC:.AL LANTANA C.AMA~ 'AM.EJitiCAN fi:ED' AMERICAN RED BU&i-1 LANTANA t<o vL Ti-LAT WA!i!RANTLES WILL. BE IN ER=ECT FOR: ALL TREES.. s..I~BS. AND 6~D covelii INSTALLED -A& PAiiiT OF TI-lE PROJECT (IF AFPL.ICA&EJ. b 212)~ !GAL SENECIO SEiiiPENS BLUE C11ALK&TICK& .. I ~ LEGEND --••• .. • .-=-.. : ~ 6aH:l COVEll'!:· FLAT5 • 18' Ot:. SIZE ~ ~-~ pReJMI~'( N01" roR c~-n'\\JC~ NO~TI-< 6c:.dl8: I" I )G!)' Ill > r.l II: CITY OF SAN JUA N CAPISTRANO PU£:11..1 ·::: WORKS AND UTII..ITIES DEPARTMENT DEL OBISPO WIDEN ING PLANT ING PLAN DEL OBISPO STREET A CNe '2.1,1 ALI0NP..,fi!.:WA'I' SUITE200 I'!VIl'lt,CI\ fl~ PrlON! !9••1 S5l<lSSa E N G I N E E R I N G FAX {9-4 9] 863-0589 con•~II T ti!J C"lwll t flVIft oe t l 1.eono Jo 1.1•<~o-,-ou 3 ~ HYOF'OIU1 PARviFOLU1t Aullr•l1611 R.tc• ~ SYM -:_-.0-r:::s:-...... § ... FICLIS Pl.t'IILA I Creaplng Fig -"6AI.. 1 "'""~ ,_. .,,...., . .,,~, ,. , ... ~ ~WALLFAGE·l'OC. QTY ·~ r~·.l~~;.:,::~~.~ ... :1~·,~· II I!I J I I f iirm:ro~·rn·'""l fnlll"' rom l27•3 1 ~ t11J7(11i"'t"Ji ,. ol.rrachmenl2-f'~ge 21 of 21 PARCEL NO.: 673-111-28 TITLE REPORT NO.: NCS-765546-SA1 PROJECT: Del Obispo Widening Project AGREEMENT FOR ACQUISITION OF REAL PROPERTY (ESCROW INSTRUCTIONS) THIS AGREEMENT ("Agreement") is entered into this day of , 2017 by and between the City of San Juan Capistrano, a California municipal corporation, (hereinafter called "Buyer"), and Harry G. Falklam Trustee of the Harry G. Falklam Revocable Trust dated January 18, 2014, (hereinafter called "Seller") for acquisition by Buyer of one Temporary Construction 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. Access Easement (Attached as Attachment 2) C. Permanent Easement (Attached as Attachment 3) herein referred to as "Easement Deed" The legal description, or map depicting access agreement area, for 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 B. Access Easement C. Permanent Easement TOTAL (rounded): $6,100 $4,100 $1,500 $11,700 The total purchase price includes: acquisition value of the property interests identified in Section 1. 3. CONVEYANCE OF TITLE. Seller agrees to convey by Easement Deed and Temporary Construction Easement 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. Page 1 Attachment 3-Page 1 of 25 C. Any other City approved exceptions and identified in the Preliminary Title Report provided by First American Title Company. The City of San Juan Capistrano proposes to install a retaining wall, within the public right of way, at the northeast end of Seller's property and perform grading in the Temporary Construction Easement area. The City, or their contractor, will also install a sidewalk, curb, gutter and designated driveway along the front of Seller's property. After completion of the Del Obispo Street Widening Project, the City of San Juan Capistrano intends to abandon any unnecessary public right of way to Seller. A portion of this unused public right of way will revert to Seller once the City completes the abandonment process. After completion of the City abandonment process, the Seller agrees to convey an "Access Easement" to the adjacent property owner, Ron Taylor, of Assessor Parcel No. 673-111-21 for his sole use during ownership of that property. The access easement is non-transferrable and will cease to exist upon transfer or sale of the property, or the access is no longer required by Ron Taylor. The Access Easement is intended to allow safe vehicular movements of Taylor's vehicles after the project is completed and the unnecessary public right of way is abandoned to Seller. The access would be specific to driving over the area, with no rights to improve, damage, or block access, unless specifically agreed to between the parties. 4. TITLE INSURANCE POLICY. NOT APPLICABLE 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 TO, AND SHALL: A. Pay and charge Buyer for any escrow fees, charges, and costs payable under Page 2 Attachment 3-Page 2 of 25 Section 6 of this Agreement; B. Disburse funds and record and deliver deed and access agreement 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 INSTRUCTIONS 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 Page 3 Attachment 3-Page 3 of 25 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. 11. LOSS 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, 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 knowledge, 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 Page 4 Attachment 3-Page 4 of 25 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, Division 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 seq. (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 seq. (42 U.S.C. S9601 ). 15. COMPLIANCE WITH ENVIRONMEN TAL 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, or the 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, Page 5 Attachment 3-Page 5 of 25 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. 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 City Manager MAILING ADDRESS OF BUYER 32400 Paseo Adelanto San Juan Capistrano, CA 92675 APPROVED AS TO FORM BY: -----------City Attorney ATTEST BY: -----------------------City Clerk DATE: _________ _ SELLER 7/20//7 Date DATE : ________ _ MAILING ADDRESS OF SELLER P.O. Box 904 San Juan Capistrano, CA 92693 Page 6 Attachment 3-Page 6 of 25 Attachment 1 Page 7 Attachment 3-Page 7 of 25 RECORDING REQUESTED BY City of San Juan Capistrano Engineering Department 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 AND WHEN RECORDED MAIL TO · Cily Clerk "Same address as above" EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 610J &27363 (SPACE ABOVE) APN: 673-111·16 & 673-111-17 GRANT OF TEMPORARY CONSTRUCTION EASEMENT Harry G. Falklam Trustee of the Harry G. Falklam Revocable Trust dated January 18,2014, (referred to herein as "Grantor"), is the owner in fee of certain real property located at 32151 Del Obispo Street, 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. MAIL TAX STATEMENTS AS DIRECTED ABOVE Attachment 3-Page 8 of 25 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 Proj ect 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 Constnuction Easement Parcel in a clear, graded state with no construction debris present. Notwithstanding the foregoing, Grantee shall not be obligated to repair andfor 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 occ urs : (i) the record ing of a quitclaim or othe r deed whereby Grantee conveys to the then fee owners of the Temporary Constr u ction 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 Cons t ruction Easement. Terminat ion of the Temporary Consl ructlon Easement as of the Expiration Date shall be automatic withou t any further act by either Gra ntor 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 Ia 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 exerc ise of all rights and privileges thereof. GRANTOR: J r· J r .. ~~c ~~J <Vl'"'- ')/'-{ /17 Date Attachment 3-Page 9 of 25 NOTARY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to whicl'l this certllicste is attached , and not the truthfulness, accuracy , or validity of that document. STATE OF 6 .. U rtlYJLIN COUNTYOF ()~, § On yV \elL·) L/, 2 /-/ , before me, J . V\A Vhrt.!l'Z . a Notary Public, personally a p pca red H 1 J I' y G [fA ( ¥:-! ~ 1\ l 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 ack.oowledge to me that he/she/they executed the same in hislber/their authorized capacity(ies), and that by his/herfthetr slgnature(s) on the Instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify u•der PENALTY OF PER.roRY uoder the laws of the State of California that the foregolna paragraph is true and correct. -- Attachment 3-Page 10 of 25 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT LEG A L DESC Rf!>TI O N (APN: 673-111-16, 17) 32151 DEL OBISPO ST. City of San Juan Capistrano, County of Orange, State of California A PORTION OF LOT 66 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGES 29 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENC£NO AT THE MOST NORTHERLY CORNER OF LOT 66 OF SAID TRACT NO 103; THENCE SOUTH 57°1 0' 30" EAST ALONG THE NORTHEAST LINE OF SAID LOT 66 A DISTANCE OF 41 I .22 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEAST LINE SOUTH 269 44'26" WEST A DISTANCE OF 26.67 FEET; THENCE SOUTH 0°25'54" WEST A DISTANCE OF 30.60 FEET; THENCE SOUTH \1°24'43" WEST A DISTANCE OF 69.28 FEET TO THE NORTHWESTERLY LINE OF DEL OBISPO STREET, 80 FEET WIDE AS PER DEED OF RIGHT OF WAY, RECORDED OCTOBER 15, 1930 IN BOOK420, PAGE 430; THENCE NORTH 35°41'00" EAST ALONG SAID NORTHWESTERLY LCNE A DISTANCE OF 116.76 FEET TO THE NORTHEASTERLY L[NE OF SAID LOT 66; THENCE NORTH 57G10'30" WEST ALONG SAID NORTHEASTERLY LINE A DISTANCE OF S0.72 FEET TO THE POINT OF BEGINNING. CONT AINJNO 3 ,171 SQ FT (0.073 ACRES) AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF . _::__} -- CLEM!~ N. CAL VlLLO, RCE 27743 CNC Engineering Job No . 15-036 Checked by: .J/.L January 19, 2017 Attachment 3-Page 11 of 25 EXHIBIT B N.T.S. APN 673-111-17 (FI) PER TRACT N0.10J BK 11, PG 29-33 (R1) PER DEfD OF' RIGHT OF WAY'-RECORDED OCT08 ER 15, 19:30 , SK420, t'O<t-30 NWL '1 UNE Of INSTR. Bl<.420 PG. 430 q,· a· q· SHEET 1 OFt Prepan1d by. CNC ENGINEERING 212 1 Alton Parkway, SUite 200 !Nfno, CA 92606 PhoM (949) 86 0588 www.cnc-anv.com Job No. 15-0:Jf:i FabNary 9, 2017 Attachment 3-Page 12 of 25 CITY OF ONTARIO CERTIFICATE OF ACCEPTANCE OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT [Portions of APN 673-111-16 and 673-111-17} This Certificate of Acceptance pertains to the interests in real property conveyed by the Grant of Temporary Construction Easement dated ____________ to which this Certificate of Acceptance is attached , from: Harry G. Falklam, Trustee ("Grantor") to : CITY OF SAN JUAN CAPISTRANO , aCallfomia municipal corporation ("Grantee") Said Grant of Temporary Construction Easement is hereby accepted by the undersigned offi cer on be ha lf of Grante e pursuant to au tho rity con fe rre d by the Grantee 's go vern ing body , a nd Grantee he re by co nsents to re cord ation of s uch Grant. Dated: _______ _ Attest: City Clerk CITY OF SAN JUAN CAPISTRANO , a California municipal corpo rat ion By ________ __ City Manager Attachment 3-Page 13 of 25 Attachment 2 Page 8 Attachment 3-Page 14 of 25 RECORDING REQUESTED BY Harry G. Fa lklam 32151 Del Obispo Street San Juan Capistrano, CA .. 92675 AND WHEN RECORDED MAIL TO : Harry G. Falklam "Same address as above " OOCUMENTAAVTRANSFERTAX $ ______ _ APN: 673-111-17 ACCESS EASEMENT AGREEMENT This Agreement made this day of , 20_, by and between Harry G. Falklam Trustee of the Harry G. Falklam Revocable Trust dated January 18, 2014 (hereinafter referred to as "Grantor") and Ron Taylor, a married man, whose address is 39 Ritz Cove Drive, Dana Point, CA 92629 (hereinafter referred to as "Grantee"). WHEREAS, Grantor is the fee simple owner of certain real property described as: That parcel of land BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID LOT 66 WITH THE NORTHWESTERLY LINE OF DEL OBISPO STREET (FORMERLY MCKINLEY AVENUE) 80.00 FEET WIDE, AS DESCRIBED IN DEED TO COUNTY OF ORANGE RECORDED OCTOBER 15, 1930, IN BOOK 420, PAGE 430 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 35° 41' 00" WEST 15.00 FEET ALONG SAID NORTHWESTERLY LINE; THENCE NORTH so 41' 00" EAST 16.48 FEET TO SAID NORTHEASTERLY LINE; THENCE SOUTH 57o 1 0' 30" EAST 8.43 FEET TO THE POINT OF BEGINNING AS CONVEYED TO THE CITY OF SAN JUAN CAPISTRANO IN AN INSTRUMENT RECORDED JANUARY 6, 1972 IN BOOK 9956, PAGE 306 OF OFFICIAL RECORDS . EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO FRANCIS A. ROTH AND WIFE, RECORDED SEPTEMBER 4, 1956 IN BOOK 3632, PAGE 143 OF OFFICIAL RECORDS. (hereinafter referred to as "Property"); and WHEREAS, Grantor is des irous of granting a non-exclus ive access easement over a portion of the Property more particularly descri bed on Exh ibit "A" and depicted in Exhibit "B", for Grantee to use for vehicular access purposes for the convenience of accessing Grantee's adjacent property (hereinafter referred to as "Easement"); and, WHEREAS , Grantee is desirous of obtaining said easement; and, WHEREAS, the parties hereto are desirous of memorializing the terms of this Easement Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration to which the parties acknowledge receipt of, the parties agree as follows : Attachment 3-Page 15 of 25 1. The above recitals are true and correct and are incorporated herein by reference. 2 . Grantor grants to Grantee a non-exclusive access easement In favor of Grantee for the purposes stated above. The Easement granted herein shall be only for the benefit of the specific use by the Grantee and Is non-transferrable. Grantor has good right and lawful authority to convey this Easement and is unaware of any conflicts with the intended use of this agreement; and but makes no warrants or assurances as to other encumbrances or easements that may affect the Easement area. 3. Grantee agrees they shall not improve, construct, alter, damage the Property within the Easement, without the written consent of the Grantor. 4. This Agreement shall be construed in accordance with the laws of the State of California. Should any dispute arise from this Agreement, venue shall lie in Orange County, California. 5 . This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have participated in the drafting of this Agreement. IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their authorized hands and seals this day of , 20 __ . GRANTEE: Ron Taylor Harry G. alklam, Trustee Data V'i/1 7 Date Attachment 3-Page 16 of 25 ACKNOWLEDGMENT A notary public or other officer complet ing th is certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or valid! of that document. State of Ca ll fo r:r~ County of _ur.CUI '}t, ------' on [Y1c.u,l· 4 1 2D 11 before me, J 't-1\~ v Y\il-, 1'\,owrl Vu \o\lu (Insert name and ti tle of th 86fflcer) personally appeared ~~\IY\) • f: .L.l:-flM who proved to me on the basi s of s tisfa ctory evid ence 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 Jaws of the State of California that the foregoing paragraph Is true and cprrecl. .. I d offici I seal. (Seal) Attachment 3-Page 17 of 25 EXHIBIT "A" LEGAL DESCRIPTION OF THE EASEMENT Attachment 3:-Page 18 of 25 I I I I I / / I ·I !• ~ . " !l ~ :> Cl. ~ J ' l 11::::~~ ;; !otc 8 I I ! ! J ! l .... I I I 'I Attachment 3-Page 19 of 25 Attachment 3 Page 9 Attachment 3-Page 20 of 25 RECORD ING 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" EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 61 OJ &27383 (SPACE ABOVE) APN: 673-111-16 GRANT OF EASEMENT Harry G. Falklam Trustee of the Harry G. Falklam Revocable Trust dated January 18, 2014 (referred to herein as "Grantor"), is the owner in fee of certain real property located at 32151 Del Obispo Street. 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. Permanent Easement. Permanent Easement interest to 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 "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. 7/zo/17 Date MAIL TA X STATEMENTS AS Dl RECTEDABO VE Attachment 3-Page 21 of 25 ACKNOWLEDGMENT 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 ( • f ... 1 name and title of the officer) personally appeared _...:...f ....... ~ .................... I --+-(----~---~~~~'L'"'--' ~-'---- 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 PENAL TV 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 J / 1 J ( (Seal) Attachment 3-Page 22 of 25 CITY OF SAN JUAN CAPISTRANO CERTIFICATE OF ACCEPTANCE OF GRANT OF EASEMENT DEED [Portions of APN 6 73-111-16] This Certificate of Acceptance pertains to the interests in real property conveyed by the Grant of Easement Deed dated to which this Certificate of Acceptance is attached, from : Harry G. Falklam Trustee of the Harry G. Falklam Revocable Trust dated January 18, 2014(''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: ________ _ Attest: City Clerk CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By: ____________ _ City Manager Attachment 3-Page 23 of 25 EXHIBIT "A" ROAD EASEMENT LEGAL DESCRlPTlON (APN: 673-111-16) 321SI DEL OBISPO ST. City of San Juan Capistrano, County of Orange, State of California A PORTION OF LOT 66 OF TRACT NO. I 03, lN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE. STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK II PAGES 29 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 66 OF SAID TRACT NO I 03; THENCE SOUTH 57°1 0'30" EAST ALONG THE NORTHEAST LINE OF SAID LOT 66 A DISTANCE OF 4S6.5 l FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEAST LINE SOUTH 25"12'14" WEST A DISTANCE OF 8.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 12.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°18'04", AN ARC LENGTH OF 7.81 FEET, TO A POINT OF CUSP, A RADIAL UNE THROUGH SAID POINT BEARS NORTH 77°54'10" EAST; THENCE NORTH 78°17'00" EAST A DISTANCE OF 0.23 FEET TO THE NORTHWESTERLY LINE OF DEL OBISPO STREET, 80 FEET WIDE AS PER DEED OF RIGHT OF WAY, RECORDED OCTOBER IS, 1930 IN BOOK 420, PAGE 430; THENCE NORTH 35°41 '00" EAST ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 15.20 FEET TO THE NORTHEASTERLY LINE OF SAlD LOT 66; THENCE NORTH 57al0'30" WEST ALONG SAID NORTHEASTERLY LINE A DISTANCE OF 5.45 FEET TO THE POINT OF BEGINNING. CONT ArNING 57 SQ FT AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF . CLEMENT N . CALVILLO , RCE 27143 CNC Engineering Job No. I S-036 Checked by: SN ( 06 i 15 120 I 7) Attachment 3-Page 24 of 25 N.T.S. EXHIBIT B (R) PER TRACT N0.103 8K ll, PG 29-JJ (R1) PER DEED OF' RIGHT OF' WAY, RECORDED OCTOBER 15, 1930, BK420, PG 30 ' LINE TABlE I LENGTH BEARING L1 8.53' 52512'14"W L2 0.23' N78'17'00"E LJ 15 .20' NJ5'41'00"E L4 5.45' N5710'30"W NE LINE OF LOT 66 LOT 66 TIUCT NO. t03 BK 11, PC SS APN 673-111-16 APN 673-111-17 LOTS TRACT NO. 15701 BK 834, PC 60 APN 673-111-28 LOT 5 DETAIL 'A' CURVE TABLE f LENGlH RADIUS DELTA Cl 7.81' 12.00' 3718'04" SHEET 1 OF t Prepared by: CNC ENGINEERING 2121 Alton Parl<woy, Suite 200 Irvine, CA 92606 Phone (9,.9) B6J-05ee www.cnc-eng.com Job No. 15-036 June 13, 2017 Attachment 3-Page 25 of 25 PARCEL NO.: 673-111-21 TITLE REPORT NO .: NCS-765547-SA1 PROJECT: Del Obispo Widening Project AGREEMENT FOR ACQUISITION OF REAL PROPERTY (ESCROW INSTRUCTIONS) THIS AGREEMENT ("Agreement") is entered into this day of • 2016 by and between the City of San Juan Capistrano, a California municipal corporation, (hereinafter called "Buyer" or "City"), and Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees of the Taylor Family Trust dated January 23, 1998, (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. Permanent Roadway Easement (Attached as Attachment 1) B. Temporary Construction 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. PURC HASE PRICE. Seller agrees to waive any monetary consideration for the grant of the Permanent Roadway Easement (Easement) and the Temporary Construction Easement (TCE), together referred to as "Easements". In lieu of monetary consideration and in consideration for the grant of the Easements, the City covenants and agrees to do the following: A. Promptly following the completion of the Del Obispo Street Improvement Project (Project), the City shall convey by recorded quitclaim deed to Sellers the portion of the street right of way, referenced in that certain easement recorded in 1930 in Book 420, Page 430, of Deeds, that will be situated behind the newly constructed road improvements and sidewalk , as approximately shown on "Attachment 3". Seller acknowledges and agrees that the precise legal description of the area to be quitclaimed will be established by survey at the City's expense upon completion of the Project. B. During the preparation of the legal description for the quitclaimed area referenced in section 2, A, of this agreement, the City will provide a lot line boundary survey for Seller identifying the final parcel dimensions and record it with the County Recorder's Office. C . Upon completion of the Project, the City will quitclaim its interest in the following easements affecting Sellers property: Attachment 4-Page 1 of 32 a. Easement for slope purposes, recorded in 1972, Book 9956, Page 298 of Official Records. b. Easements for ditches, recorded in 1892 in Book 64, Page 202, and Book 22, Page 341, both of Deeds. c. Easement to County of Orange for roadway purposes, recorded in 1961, Book 29, Page 389 of Deeds, as to any portion that falls outside the completed Project area. Buyer may request County of Orange to quitclaim their interest in this easement directly. d. City will provide any available documentation and assistance to the Seller and First American Title Insurance Company for an updated title policy reflecting the effects of the quitclaimed easements, and portions of easements referenced in section 2 of this agreement. e. City will pay for the title company research efforts and an updated title insurance policy on behalf of the Seller. f. City will quitclaim interest in Temporary Construction Easement recorded as part of this project. D. The ProjeQt Improvements located in front of Seller's property have been designed and reflected in "Attachment 4", which the Seller has reviewed and acknowledged. E. City will cause to be recorded, that certain Access Easement granted by the adjacent property owner of Assessor Parcel Number 673-111-17, for the benefit if parcel 673- 111-21, "Attachment 5". The covenants and agreements of the City set forth in this Agreement shall survive the Close of Escrow and the recordation of the Easements. 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. At the 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 $6,400 issued by First American Title insurance Company showing the title to the property vested in Buyer, subject only to the exceptions set forth in Section 3 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 Attachment 4-Page 2 of 32 Agreement with their Right of Way Consultant, CPS I, 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 same 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 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 current taxes are unpaid after December 10 and/or April1 0. 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 Attachment 4-Page 3 of 32 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 , A ND S HALL: 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 INSTRUCTIONS 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. ESCRO W FEES. CH A RGES AN D COST S . 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. Attachment 4-Page 4 of 32 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. LOSS 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, 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 knowledge, 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 Attachment 4-Page 5 of 32 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, Division 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 seq. (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 seq . (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 Attachment 4-Page 6 of 32 federal, state, and focal 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, or the 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. 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. Attachment 4-Page 7 of 32 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. BUYER CITY OF SAN JUAN CAPISTRANO City Manager MAILING ADDRESS OF BUYER 32400 Paseo Adelanto San Juan Capistrano, CA 92675 APPROVED AS TO FORM BY: ----------------City Attorney ATTEST BY: --~---------------City Clerk DATE : _________ _ SELLER Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees of The Taylor Family Trust dated January 23 ,1998 h~r ~ Ronald L. Taylor, T 5/8/2017 Date Cindj rra3for Cindy Kae Taylor, Trustee 5/8/2017 Date DATE : ________ _ MAILING ADDRESS OF SELLER 32221 Del Obispo St. San Juan Capistrano , CA 92675 Attachment 4-Page 8 of 32 Attachment 1 Attachment 4-Page 9 of 32 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" EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 610J &27383 (SPACE ABOVE) APN: 673-111-21 GRANT OF EASEMENT Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees of The Taylor Family Trust dated January 23, 1998, (referred to herein as "Grantor"), is the owner in fee of certain real property located at 32221 Del Obispo Street, City of 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. Permanent Easement. Permanent Easement interest to that certain portion of the Property more fully described in EXHIBIT "A" and depicted in EXHIBIT "8" 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. Cindy K Date MAIL TAX STATEMENTS AS DIRECTED ABOVE Attachment 4-Page 10 of 32 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 &-li.fWtLi 4.., COUNTYOF 0~ § On 7/ v; 111 'before me, \I I wrti~:z, . a Notary Public, personally appeared /20¥1/Ud L. fA.t,JivY) CitvA¥ ~ae T~IOi 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 acknowledge 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. @ J. MARTINEZ ~ 1 Notar~ Publle • Callltrni• Orll)fl County Commlnlon ' 2170623 ~ ML Comm. Explm Otc 2. 2020 Attachment 4-Page 11 of 32 EXHIBIT "A" LEGAL DESCRIPTION ROAD EASEMENT (APN: 673-111-ll) 32221 Del Obispo St. City of San Juan Capistrano, County of Orange, State of California THAT PORTION OF LOT 66, TRACf NO. 103, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGES 29 TO 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOliTHWEST CORNER OF SAID LOT 66 OF TRACT NO. 103; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 66, SOUTH 54°00'03" EAST, 77.25 FEET THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE OF LOT 66, NORTH 28"18'36" EAST, 71.54 FEET TO A POINT OF CUSP ON THE WESTERLY LINE OF DEL OBISPO STREET, 80 FEET WIDE (FORMERLY MCKINLEY A VENUE), AS DESCRIBED IN DEED OF RIGHT OF WAY RECORDED OCTOBER IS, t9JO,IN BOOK420 AT PAGE 430, SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 440.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89"40'43" WEST; THENCE SOUTHERLY ALONG SAID CURVE, ALSO BEING THE WESTERLY LINE OF DEL OBISPO STREET, THROUGH A CENTRAL ANGLE OF 01°11'50", AN ARC DISTANCE OF 9.19 FEET TO A POINT OF REVERSE CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 385.95 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89"07'27''WEST; THENCE SOUTHERLY ALONG SAID REVERSE CURVE ALSO BEING THE WESTERLY LINE OF DEL OBlSPO STREET, 80 FEET WIDE (FOR!vlERL Y MCKINLEY AVENUE), AS DESCRIBED IN DEED OF RlGifl OF WAY RECORDED OCfOBER 15, 1930, IN BOOK 420 AT PAGE 430, THROUGH A CENTRAL ANGLE OF 02°25'17", AN ARC DISTANCE OF 16.31 FEET TO A POINT ON THE NORTHWESTERLY LINE OF LAND DESCRIBED IN DOCUMENT NUMBER 3403, FOR STREET AND HIGHWAY PURPOSES, RECORDED JANUARY 6, 1972, IN BOOK 9956 AT PAGE 296, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 88°27'16" EAST; THENCE LEAVING SAID WESTERLY LINE OF DEL OBISPO STREET, NON TANGENT TO SAID CURVE, ALONG SAID NORTHWESTERLY LINE OF SAID DOCUMENT NUMBER 3403, SOUTH 28°23'15" WEST, 50.68 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 66 OF TRACT NO. 103; THENCE NORTH 54"00'03" WEST ALONG SAID SOUTHWESTERLY LINE, 12.09 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED P AR.CEL CONTAINS 736.29 SQUARE FEET, (0.0 17 ACRES), MORE OR LESS. AND AS SHOWN ON EXHIBIT "8" ATTACHED HERETO AND MADE A PART OF HEREOF. CN C Engineering Job No. 15-036 Checked by: VS February I, 20 17 Attachment 4-Page 12 of 32 N.T.S. TRACT NO. BK 11 PC ' EXHIBIT B - LOT 67 TRACT NO . 103 BK 11, PC 29-33 (R1) AREA FOR STREET AND HIGHWAY PURPOSES PER DOCUMENT 3403, BOOK 9956, PAGE 298, RECORDED JANUARY 6, 1972 (R2) PER GRANT DEED RECORDED UNDER tNSlRUMENT NO. 201:5000099931 (R3) PER TRACT NO. 103, BK11, PG 29-33 (R4) PER DEED OF RIGHT OF WAY, RECORDED OCTOSER 1~. 1930, BK 420, PG 430 (C) CALCULAlED BAstS Of BEARING • HELD CALCULA lED SEARING BElWEEN FOUND ORANGE COUNTY MONUMENTS f75+4RI & 7~4~R1, BEING S37"16'34•w. SHEET 1 OF 2 Prepared by. CNC ENGINEERING 2121 Alton Parkwoy, Suite 200 lrvlno, CA 92606 Phone (949) !63-0~88 www.cnc-eng.com Job No. 15-036 Febn.~ory 1, 2017 Attachment 4-Page 13 of 32 I I EXHIBIT B -N .!!:, 0'~ ~ .-:.- ~"' -It: ~\:it ~8 ~~ ~~ ..., .., " IL -... lli ,; Q .... d z .... ~ 1!: tD CD 9 ~ ::I 3C P.O.C. l I I I I I ' I ' I ' ','I SOUl>IEALY CORNER J LOT 66, TRACT NO. 103 BASIS Of BEARING • HELD CALCULATED BEARING BETNEEN fOUND ORANGE COUNTY M~UMENTS f754-4RI ole 75-4SR1, BBNG 537'16'34 W. (R1) AREA FOR SlREET AND HIGHWAY PURPOSES PER DOCUMENT 3403, BOOK 9956, PAGE 296, RECORDED JANUARY 6, 1972 (R2) PER GRANT DEED RECORDED UNDER INSTRUMENT NO. 2013000099931 (RJ) PER TRACT NO. 103, BK11, PG 29-33 (R4) PER DEED Of RIGHT OF WAY. RECORDED OCTOBER 15, 1930, Bl< 420, PG 430 (R5) PER SLOPE EASEMENT 13404, RECORDED JANUARY 6, 1972. BK Q956, PG 298 (C) CALCULATED NW'LY UNE INSlR. BOOK 420, PAGE 430 NW'L Y UNE INSTR. 3-403 BOOK 9956, PAGE 295 SHEET 2 OF 2 Prepared by. CNC ENGINEERING 2121 Alton Parkwoy, Suite 200 lrvlno, GA 92606 Phone (9-49) 863-0588 www.cnc-eng.com Job No. 1s-;036 february 1, 2017 Attachment 4-Page 14 of 32 CITY OF SAN JUAN CAPISTRANO CERTIFICATE OF ACCEPTANCE OF GRANT OF EASEMENT DEED [Portions of APN 673-111-21] This Certificate of Acceptance pertains to the interests in real property conveyed by the Grant of Easement Deed dated to which this Certificate of Acceptance is attached , from: Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees ("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 : ________ _ Attest: City Clerk CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By :_--=--=----------- City Engineer Attachment 4-Page 15 of 32 Attachment 2 Attachment 4-Page 16 of 32 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 " EXEMPT RE~RDING FEES GOVERNMENT CODE SECTION 61 OJ &27383 (SPACE ABOVE) APN: 673-111-21 GRANT OF TEMPORARY CONSTRUCTION EASEMENT Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees of The Taylor Family Trust dated January 23, 1998, (referred to herein as "Grantor"), is the owner in fee of certain real property located at 32221 Del Obispo Street, City of 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 ass igns : 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. MAIL TAX STATEMENTS AS Dl RECTED ABOVE Attachment 4-Page 17 of 32 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. Date Attachment 4-Page 18 of 32 NOTARYACKNO~EDGEMENT 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 I'M l fvyru Jl. COUNTY OF 0YI41P)t; § On 1{1~/ /1 , before me, J ~ M£1 yri V\2,-1., , a Notary Public, personally appeared (?.ould L. IMf 16'!1 Cti1aLf KM fA~ !LV' 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 acknowledge 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. Attachment 4-Page 19 of 32 EXHmiT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (APN: 673-111-21) 32221 Del Obispo St. City of San Juan Capistrano, County of Orange, State of California THE SOUTHEAST 13.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF LOT 66, TRACT' NO. 103, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGES 29 TO 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 66; THENCE NORTH 1°41 '00" WEST ALONG THE EASTERLY LINE OF SAID LOT 66 A DlST ANCE OF 177.08 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 53°51'00" WEST A DlSTANCE OF 142.03 FEET TO THE WEST I.no1E OF SAID LOT 66; THENCE SOUTH 0"25'00" EAST ALONG SAID WEST LINE A DISTANCE OF 177.24 FEET TO THE SOUTHWEST CORNER OF SAID LOT 66; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 66 SOUTH 54°48'30" EAST A DISTANCE OF 145.06 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 66 AND THE POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED PARCEL; COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 66 OF TRACT NO. 103; THENCE ALONG THE SOlffHWESTERL Y LINE OF SAID LOT 66, SOUTH 54"00'03" EAST, 77.25 FEET THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY UNE OF LOT 66, NORTH 28• I 8'36" EAST, 71.54 FEET TO A POINT OF CUSP ON THE WESTERLY LINE OF DEL OBISPO STREET, 80 FEET WIDE (FORMERLY MCKINLEY A VENUE), AS DESCRIBED IN DEED OF RIGHT OF WAY RECORDED OCTOBER 15, 1930, IN BOOK420 AT PAGE430, SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADlUS OF 440.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89"40'43" WEST; THENCE SOUTHERLY ALONG SAID CURVE, ALSO BEING THE WESTERLY LlNE OF DEL OBISPO STREET, THROUGH A CENTRAL ANGLE OF ot•tt'50", AN ARC DISTANCE OF 9.19 FEET TO A POINT OF REVERSE CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 385.95 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89°40'43"WEST; THENCE SOliTHWESTERLY ALONG SAID REVERSE CURVE ALSO BEING THE WESTERLY LlNE OF DEL OBISPO STREET, 80 FEET WIDE (FORMERLY MCKINLEY AVENUE), AS DESCRIBED IN DEED OF RIGHT OF WAY RECORDED OCTOBER 15, 1930, IN BOOK 420 AT PAGE 430, THROUGH A CEI'ITRAL ANGLE OF 02"25'17", AN ARC DISTANCE OF 16.31 FEET TO A POINT ON THE NORTHWESTERLY LINE OF LAND DESCRIBED IN DOCUMENT NUMBER 3403, FOR STREET AND HIGHWAY PURPOSES, RECORDED JANUARY 15, 197:2, IN BOOK 9956 AT PAGE 296, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 88°27'16" EAST; THENCE LEAVING SAID WESTERLY LINE OF DEL OBISPO STREET, NON TANGENT TO SAID CURVE, ALONG SAID NORTHWESTERLY LINE OF SAID DOCUMENT NUMBER 3403, SOUTH 28"23'1 S" WEST, 50.68 FEET TO THE SOUTHWESTERLY UNE OF SAID LOT 66 OF TRACT NO. 103; THENCE NORTH 54"00'03" WEST ALONG SAID SOUTHWESTERLY LINE, 12.09 FEET TO THE POINT OF BEGINNING. Al.SO EXCEPT THAT PORTION OF DEL OBISPO STREET RECORDED OCTOBER 15, 1930, lN BOOK420, PAGE 430 AND THAT PORTION OF DOCUMENT 3403, RECORDED JANUARY 6, 1972, IN BOOK 9956, PAGE 296. THE ABOVE DESCRIBED PARCEL CONTAINS 1,0815 SQUARE FEET, 0.025 ACRES, MORE OR LESS . Attachment 4-Page 20 of 32 AND AS SHOWN ON EXHfBIT "B" A IT ACHED HERETO AND MADE A PART OF HEREOF. CLEMENT N. CALVILLO, RCE 27743 CNC Engineering Job No. 15-036 Checked by: VS January 30, 2017 Attachment 4-Page 21 of 32 N.T.S. EXHIBIT B LOT 67 TRACT NO. 10.3 BK 11. PC 29-33 (R1) AREA FOR STREET AND HIGHWAY PURPOSES PER OOCUt.fENT 3<l03, BOOK 9956, PAGE 296, RECORDED JANUARY 6, 1972 (R2) PER GRANT DEED RECORDED UNDER INSTRUMENT NO. 2013000099931 (R3) PER lRACT NO. 103, BK11, PG 29-33 (R4) PER DEED OF RIGHT OF WAY, RECORDED OCTOBER 15, 1930, BK 420, PG 4:50 (C) CALCULATED BASIS Of" BEARING • HELD CALCULATED BEARING BETWEEN FOUND ORANGE COIJNlY MONUMENTS f7~1 & 7M~R1, BEING S3716'3 ... "W. SHEET 1 OF 2 Prepared by. CNC ENGINEERING 2121 Alton Porkway, Suite 200 Irvine, <;A 92606 Phone (949) 883-0588 www.cnc-eng.com Jab No. 15-036 February 9, 2017 Attachment 4-Page 22 of 32 -·-~ l \ -- ' ' ,., ,., (!) D.. 'N' ... - a:: ... ...... M -~ (.), ~ a ~-... ~~ d -~~~:: z Jttt' 1-~8 ~ ~~ 1!: 5i~ tiS IQ 1- 9 1&.1 z :::l ~ I \ P.O.C. ' ' EXHIBIT B ' \ ' ' '\ i. 1\ I I I (R1) AREA FOR STREET ~0 HIGHWAY PURPOSES PER DOCUMENT 3-403, BOOK 9956, PAGE 296, RECORDED JANUARY 6, 1972 (R2) PER GRANT DEED RECORDED UNDER INSTRUMENT NO. 201J000099931 (R3) PER TRACT NO. 103, 81<11, PG 29-33 (R4) PER DEED OF RIGHT OF WAY, RECORDED OCTOBER 15, 1930, 81< <4-20, PG 430 (R5) PER SLOPE EASEMENT 13404, RECORDED JANUARY 6, 1972, 81< 9956, PG 298 (C) CALCULATED I I·~~~ .a,cl ~"-~ I I ~o I -qenl r:2.-;l ...... 01 -A&~1 ~ 1::.-' ,~ ~ • . I ... "I() I ~01;_ ..,._ r:Jari~l ~ C\I~IQ ~~ A~!ts~ I~~ 1 z~ I : t88S888f SLOPE EASEMENT PER (R5) I I I ' I ' I ', II J' UOST SOU'Tl-tERL Y CORNER - LOT 66, TR"CT NO. 103 SHEET 2 OF 2 Prepared by. BASIS OF BEARING = HELD CALCULA lED BEARING BETWEEN FOUND ORANGE COUNTY MONUMENTS f754-4RI &: 75-45R1, BEING S37"16'34•w. CNC ENGINEERING 2121 Alton Parkway, Suite 200 lr.ine, CA 92606 Phone (949) 863-0588 www.cnc-enq.com Job No. tS-U36 February 9, 2017 Attachment 4-Page 23 of 32 CERTIFICATE OF ACCEPTANCE OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT [Portions of APN 673-111-21] This Certificate of Acceptance pertains to the interests in real property conveyed by the Grant of Temporary Construction Easement dated ____________ to which this Certificate of Acceptance is attached, from: Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees ("Grantor") to: CITY OF SAN JUAN CAPISTRANO, a California 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: ________ _ Attest: City Clerk CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By : ____________ _ City Engineer Attachment 4-Page 24 of 32 Attachment 3 Attachment 4-Page 25 of 32 EXHIBIT "A" RIGHT-OF-WAY VACATION LEGAL DESCRIPTION Del Obispo St. (260 Ft to 830 Ft South of Calle Aspero) City of San Juan Capistrano, County of Orange, State of California A PORTION OF LOT 66 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK L 1 PAGES 29 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 66 OF SAID TRACT NO 103; THENCE SOUTH 57°10'30" EAST ALONG THE NORTHEAST LINE OF SAID LOT66 A DISTANCE OF 461.95 FEET; SAID POINT BEING,ON THE WESTERLY RIGHT-OF-WAY OF DEL OBISPO STREET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY SOUTH 35°41'00" WEST, A DISTANCE OF 15.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG WESTERLY RIGHT-OF-WAY SOUTH 35°41'00" WEST, A DISTANCE OF 333.70 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 440.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°1 0' 1 0", AN ARC LENGTH OF 277.76 FEET, TO A POINT OF CUSP, SAID POINT BEING NON- TANGENT LINE, RADIALLY NORTH 89°30'50" EAST; THENCE LEAVING SAID CURVE NORTH 27°30' 12" EAST. A DISTANCE OF 434.31 FEET TO AT AN GENT CURVE CONCAVE SOUTHEAST AND HAVING A RADIUS OF 3,083 .00 FEET; THENCE NORTHEAST ALONG SAID CURVE THROUGH A CENTAL ANGLE OF 00°55' 12", AN ARC LENGTH OF 49.50 FEET; THENCE NORTH 28°25'23" EAST, A DISTANCE OF 61.46 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3,084.89 FEET; THEN NORTHEAST ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 °02'27", AN ARC LENGTH OF 56.04 FEET, TO A POINT OF CUSP, SAID POINT BEING NON-TANGENT LINE, RADIALLY SOUTH 60°32' 10" EAST; THENCE SOUTH 78°17'00" WEST, A DISTANCE OF 2.97 FEET TO THE POINT OF BEGINNING. CONTAINING 18,150 SQ FT (0.42 ACRES), APPROXIMATELY. Attachment 4-Page 26 of 32 AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF . CLEMENT N. CALVILLO, RCE 27743 CNC Engineering Job No. 15-036 Checked by: SN (05-31-2017) Attachment 4-Page 27 of 32 N.T.S. P.O.C. LOT 66 TRACT NO. 108 BK 11, PG 88 APN 673-111-17 CURVE TABLE II LENGTH RADIUS DELTA C1 277.76' 440.00' 36'10'10" C2 49.50' 3083.00' 0'55'12'' C3 56.04' 3084.89 ' 1'02'27" APN 673-111-21 J ~ti.~13Q'~~-rD) EXHIBIT B NE LINE OF LOT 66 LOTS TRACT NO. 15701 BK 884, PG 50 Ss..>.. APN 673-111-28 /0• .,8, J'o~ ·.9s· R APN 673-111-16 P.O.B. L1 II L1 L2 L3 L4 L5 LINE TABLE LENGTH BEARING 15.20' S35'41'00"W 333.70' S35'41'00"W 434.31' N27'30'12"E 61.46' N28'25'23"E 2.97' S78'17'00"W (R) PER TRACT N0.1 03 BK 11, PG 29-33 (R1) PER DEED OF RIG HT OF WAY, RECO RDED OCTOBER 15, 1930. BK420, PG430 SHEET 1 OF 1 Prepared by. CNC ENGINEERING 1, 2017 Attachment 4 Attachment 4-Page 29 of 32 i l = ~ J J 122~ 001!!»01'~~ ---r :.~ .... ,-u --.e"' ~ .Jt•.~: .ll l~n t1 1E.SI .:>tt.'l 'D-t"t1 .:"1L' D tL."t ij.W,ii ··~:sn ... .,.,... .. ~~, i k ~.... !&.""J l-MU'\ •·.·~ ~~..,. ...,;:1 J ~:r S.:' v ;~/r•~~ 8"" g; ~ g~ ~~~ ~ ·: 118--•fl\ !""t 'r::•'t-I>:!.''F\-(;11, '.D'tt:fl,<l--,;:..e~~l..·f\~ !,.,... ft'I ICI'IL. ~'%.11 Fi .....,. ib ., \ • ~ r ~ · •. \ ~\ •• ... t -<• ~ .. ' ~0 ~· ,. ~ ~ 11'-. ~~'., ~ ~-~ i!! ~~ !: ·\_0\_< ;~ ~~ \ &/ ;o ' ~~ •~ '·'' "" ;;EI "'~ ~ o----.:---;:; -.... ....:;·, 1 ~ jc. ...... t• v~·l -~-:·w' -~-~--I · ~ _ " • ; A-i_~ i~ -~J ~~ ~:otl ' ~~ ~'f !;_ ~· ~~ \. .,£ ; "'! -t n ~ ·:? .. : f--:-'tt::J•--ou..~,.. ~~ '-~~ ;: ::. ,: jilt• 5.:.. ~ • :E =1 i=t I --~8 ~--=-. -·· .. ~~ ·=-s; ~~ .... . ~~ ,, ·~~- ,, ·-"-• 0 ~-·~ <' '~ 3.;; ., • ~-.!;; 1 ~8- !f d. ~~ :-;: 30+00 '" --·-- ~~ :s: ~~ H t.Jwo •""''"'·,. ~ \ ·' -.... ..0· !~ ~1!. I 31+00 -------- B~ ... ~ PRIVATE DRIVEWAY ._ ... .,.._ J~ ---!':!>----~- ~~ 0' ~t I 3?+00 _____ ; ~r ro ·~ "~o-~~~r."'"' ~ •• "~ !;~ -<> ~i • ~~ ~@ I 33+00 g_: ~~ ;; ;~ :;t:_ .- ·;:--·--~~ ~: ft I 34+00 ·-.--- .. ~~ \ ~- !';: ~~ " d ;~ ~~--cnw w II <n 'gw g~ $ ~~~ f 35+00 --- \ '\_ 1. --"""':"'---..... ,_,.., ~--=;:~--,, '\~u~· ~~-----·--------~ -------~· ~_,._...... ~ .... ~ DEL OBISPO STREET ~- /,..,---------·-------·--------·---- ~STRUCTION NQKS_;_ -122 -II~ -n -no- -118 -114 -110 " ~u.\f~"-~ CITY OF SAN J1JAN CAPISTRANO "'' r"-1' 1 r'::"""' li.T.S. ··~-~~···:· .. Lf.Jilli\L L tnnnr Mil v~w~ M(.~ ... ~(l'>,(~j(l'I(!MT CI:J61'e..·t:1:' ... '::1TJSO!If "" LH~E AND CUR'J:: DATA TABlE Ul•~•llDicN~~~/U'].r.aJ-.: ...... Jslr.l~r j ~r:o" SJS12'~"'W' ' HJT' ' ~-r,II"'W ):.=.l ~ntr"-­ 'fw "i2-''UfJt-. " I :ltH'r' I =n!'.,-. Ill t A: l'U81.Jr:W'I:JitU',IJIO~:H:II'.ur":'V£Jt'f DCL 081Sr O WIDCNINi, STREET IMPROV':MENT P•.A.N f'lF1 ()RIS<',; S TR >T- _.;,N~ '•" '"" .. • .... ,~_;tL:a. ... ,. ~ •I If •-r~ .c N C ~12f ~~f:ft~J..PC,W,._'t SU!TE 7oX1 11'\'1."-~C: .... ~ "'CrJE"W•OJ ~A Et-lG1tiEf-~NG F.,t..)l:~~~~ t ~" 0' Svr y ~ yno1 .., .. ="'·"'··=::-J"1Jir----"'":Y:~r.-'.,.-.--03~~!;~17 -·~ --··r ·---------------- l .------DEL OBISPO STREET ---~:----..,_ : -· ----~--=-----+-------------------. ,,::::::·--------..----------··:.=-.-..:..~:.::.:::.·;..:..··-'_ -t \ --- ~ ~--------- _.-----· --_.-----·--' ~-~~ J_ ~ CD~~ J J.j.5Q.OO l OCATIO N ~ aw>T,....., --'- I """""'] ~,_•Ko. WAJEr'loG:l.C t a WAIER CONSTRUCTION NO!f5: ~~ ... ~~""':~ ........ Uat. -iS-·:::M. . ~1"-..:ll:c:Ncr..ollfliiJIII.~IJ'- § ~~~.:.bauft)!ft«.,.':f;f\.¥. --~J. ~LCK:loiJD 'IIQ:Io-""fj~~ &-ffi.-T~~.J»~~~ :=ra'lk!D"'.c~~~~~D-=':~ ~~""'7o't9Sia~~ s=~~:e=me~ """.""' ,-.'JQ' CITY OF SAN JUAN CAPISTRANO PUBUC trDalm UD tJTD.niBD DEPABnQitf'r DEL OB ISPO WIDENING WATER IMPROVEME.N T PLAN DEL OBISPO STREET CNC lll.IAIJOtifiARI:\'fM Sl.m;JDJ -~CA Yde' "'llfEI1'-Ifl~ ENGINE ER ING FAXf'i'49)86J.-n'i89 CoruuiTiug Ch·/1 Engitl e£1/S lCll'"•d ~UI'I'•~I;li~ 36'..:3 lllfl612lH1 Fa c p :'-b oc~--~k ~h1 l JC "' Attachment 5 Attachment 4-Page 32 of 32