11-0309_ST. MARGARET EPISCOPAL SCHOOL_Transmittal to Clerk Recorder 32400 PASEO ADELANTO MEMBERS OF THE CITY f:OUNCIL
SAN JUAN CAPISTRANO,CA 92675
(949)4931171 SAM ALLEVATO
(949)4931053 FAXInopluSU LAURAFREESE
[flll[ISIFI 1961 LARRY KRAMER
www.sanjuancapistrano.org 1776
DEREK REEVE
•
JOHN TAYLOR
January 31, 2011
Clerk-Recorder's Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
Re: Document for Recording — Access and Parking Easements Document for Recording — Access and Parking Easements Agreement
The noted documents are enclosed for recording:
• Access and Parking Easements Agreement— St. Margaret of Scotland Episcopal
School
When placed of record, please return the recorded documents to this office.
Thank you for your assistance. 1 p�.
Very truly yours, - j�`�A 1� I �U_10 f,G _ (L (/ '� �� Vi (1"
Christy Jakl J roo
Deputy City ClerkS4-- I\Jw
��V,
San Juan Capistrano: Preserving the Past to Enhance the Future
�, Printed on 100%regded paper
RECORDING REQUESTED BY AND
WHEN RECORDED,RETURN TO:
Samuels,Green,Steel,&Adams,LLP
19800 MacArthur Blvd., Suite 1000
Irving,CA 92612
Attn: Megan G. Mayer, Esq.
(Space Above This Line for Recorder's Use Only)
ACCESS AND PARKING EASEMENTS AGREEMENT
This ACCESS AND PARKING EASEMENTS AGREEMENT("Agreement") is entered
into and effective as of January 25, 2011, by and between ST. MARGARET OF
SCOTLAND EPISCOPAL SCHOOL,a California nonprofit corporation("SMES") and the
CITY OF SAN JUAN CAPISTRANO, a California municipality("City").
RECITALS
A. SMES is the owner of certain real property located in the County of Orange, State
of California described in attached Exhibit"A" (the"SMES Property"). The SMES Property is
shown graphically for convenience on attached Exhibit "A-1." The SMES Property is adjacent
to the City Property (defined below).
B. The City is the owner of certain real property used as a community park, located
in the County of Orange, State of California described in attached Exhibit "B" (the "City
Property"). The City Property is shown graphically for convenience on attached Exhibit"B-1."
The City Property is adjacent to the SMES Property.
C. The School desires to obtain necessary approvals from the City to build and
construct a parking lot for its private use in supporting the main school campus while school is in
session.
D. The City desires to obtain easements for pedestrian and vehicular ingress and
egress over and across the SMES Property to the City Property, and for limited parking on the
SMES Property as more particularly described herein and subject to the terms and conditions set
forth herein.
E. The parties desire to establish their responsibilities, rights, and obligations for the
construction, maintenance, future use, and conditions for termination of City's use of access and
parking on the SMES Property.
NOW THEREFORE, for valuable and sufficient consideration,the receipt and adequacy
of which is hereby acknowledged, the parties hereby agree as follows:
1
746M.1
1 Grant of Property Easements. SMES hereby grants to the City the following
described access and parking easements, subject to the terms of this Agreement.
11 Access Easement. SMES hereby grants to the City a non-exclusive access
easement for the purposes of pedestrian ingress and egress, and for no other purpose or use,
("Access Easement") over, across, and upon those areas of the SMES Property as more fully
described in attached Exhibit "C" ("Access Easement Area"). The Access Easement Area is
shown graphically for convenience on attached Exhibit"C-1."
12 Parking Easement. SMES hereby grants to the City a non-exclusive parking
easement for the purposes of vehicular ingress, egress, and parking, and for no other purpose or
use, ("Parking Easement") over and upon those areas of the SMES Property as more fidly
described in attached Exhibit "D" ("Parking Easement Area"). The Parking Easement Area is
shown graphically for convenience on attached Exhibit "D-1." The Access Easement and
Parking Easement are collectively referred herein as the "Easements." The Access Easement
Area and the Parking Easement Area are collectively referred to herein as the "Easement Areas."
13 Limitations to Easements.
1.3.1 The City's use of the Easements shall not interfere with the reasonable use
and enjoyment thereof by SMES or any parties claiming a use through or under SMES. The City
shall not permit any other party, except the City's Permitted Users (as defined in 1 A) to enter the
Easement Areas or use the Easements. All Permitted Users (as defined in 1.4)-who enter upon
the Easement Areas pursuant to this Agreement do so at their own risk and shall be covered
under the City's insurance protection.
1.3.2 Rights under the Parking Easement granted herein shall be limited in time
to the hours of between 3:00 p.m. and sunset, Monday through Friday, and between 6:00 a.m.
and sunset on weekends, legal holidays, and other days when SMES is not in session. The
parking rights granted under the Parking Easement specifically exclude any and all overnight
parking and any or all ride-sharing and commuter parking.
1.4 Delegation of Use. The City shall have the right to permit those members of
the general public visiting the community or utilizing the adjacent bicycle path("Permitted
Users")to use and enjoy the Easements granted herein;provided,however,that in all cases the
City shall be responsible for all acts of such Permitted Users as if the City had performed the
same.
15 Rules and Regulations. SMES shall have the right to establish reasonable
rules and regulations affecting the SMES Property as are consistent with ternns of this Agreement
and as SMES may deem desirable for the proper and efficient operation and maintenance of the
driveways and parking facilities Located on the SMES Property. Such rules and regulations may
include procedures for the towing, at a vehicle owner's expense, of any vehicles violating the
provisions of this Agreement or such rules and regulations.
2
�aFa>o.i
Ib Richt to Relocate. SMES reserves the right to relocate the Easements granted
herein, so long as such relocation permits the City reasonable use of the Easements.
V No Hazardous Materials. Neither party shall use, or permit the use of,
Hazardous Materials on, about, under or in the SMES Property. Each party shall indemnify,
protect,defend and hold harmless the other party from and against all claims, suits,actions,
demands, costs, damages and losses of any kind, including,without limitation, attorneys' fees,
costs of investigation, litigation and remedial response,arising out of any Hazardous Material
used or permitted to be used by such party. For the purpose of this Section, the temr (i)
"Hazardous Materials" shall mean petroleum products,asbestos,polychlorinated biphenyls,
radioactive materials and all other dangerous, toxic or hazardous pollutants, contaminants,
chemicals,materials or substances listed or identified in, or regulated by, any Environmental
Law, and(ii) "Environmental Laws" shall mean all federal, state, county, municipal, local and
other statutes,laws,ordinances and regulations which relate to or deal with human health or the
environment,all as may be amended from time to time.
18 Compliance with Laws. All use of the Easements shall be in compliance
with all applicable governmental laws,rules, regulations, orders and such ordinances.
19 Easement Appurtenant And Covenant to Run with The Land.
1.9.1 Easement Appurtenant. Subject to the conditions of termination in
Section 1.10,the parties intend that the Easements and this Agreement are entered into pursuant
to the provisions of California Civil Code Section 1468,and that the Easements shall benefit and
be binding upon each successive owner of the City Property and the SMES Property,
respectively,during their ownership of their respective portions of the land affected.
1.9.3 Covenants to Run with The Land. Subject to the conditions of
termination in Section 1.10,all of the covenants and restrictions set forth in this Agreement shall
be equitable servitudes and covenants naming with the land pursuant to applicable law,including
California Civil Code Section 1468. Each covenant to do or refrain from doing some act on or
affecting the Easement Areas is for the benefit of the City Property and is a burden upon the
SMES Property. Each covenant shall run with the SMES Property, and any portion thereof, as
applicable, and shall be binding upon and benefit each successive owner during its ownership of
the SMES Property, during its ownership of the City Property, subject to the conditions of
termination in Section 1.10.
1.10 Termination of Easements. The City Property is currently used as a community
park and the Easements serve the purpose of providing parking for the City and its Permitted
Users and for access to the community park. SMES desires to use the SMES Property as a
parking lot to support use of its school,but is willing to provide the Easements to the City so
long as SMES has the right to use the SMES Property as a parking lot,and so long as the City
Property is owned by the City and used as a community park.
1.10.1 Termination of Parking Easement. The Parking Easement shall
automatically terminate immediately, without the necessity of other execution or recordation of
3
74601N).1
any further documentation, and be of no further force and effect at such time as one of the
following events occurs: 1) SMES discontinues use of the SMES Property as a parking lot, 2)
the City no longer owns the City Property, or 3) the City discontinues use of the City Property as
a community park.
1.10.2 Termination of the Access Easement. The Access Easement shall
automatically tenninate immediately, without the necessity of other execution or recordation of
any further documentation, and be of no further force and effect at such time as one of the
following events occurs: 1) SMES discontinues use of the SMES Property as a parking lot, or 2)
the City no longer owns the City Property, or 3) the City discontinues use of the City Property as
a community park.
1.11 No Further Easements. Nothing herein shall be construed to obligate either
party to grant any further easements on the other party's property.
2.0 Construction, Maintenance, and Repair.
21 Construction and Modification of Improvements. SMES, at its sole expense,
shall be responsible for the construction of the parking and access facilities on the SMES
Property, consistent with the City-approved development plans.
22 Maintenance. Repair and Replacement. Except as otherwise provided in this
Agreement, SMES shall, at its sole cost and expense, have the right and obligation to install,
maintain, repair, and replace driveway, access way, and parking area improvements constructed
from time to time on the SMES Property in accordance with the terms of this Agreement. Such
obligations shall include, without limitation, the following:
A Maintaining the surface of the drives and parking areas in a level and smooth
condition consistent with similar driveways in the City with a type of surface
material originally installed or substituted as shall in all respects substantially be
equal in quality, use and durability,and restriping,repairing and resurfacing the
paved portions;
(ii) Maintaining the access and parking areas in a clean and orderly condition;
(iii) Installing and maintaining any necessary traffic, parking, or directional signs,
markers, and lines,and artificial lighting facilities, in addition to sighs governing
usage;
(iv) Complying with all applicable governmental laws, rules, regulations, orders, and
ordinances, including those relating to safety appliances and devices in or about
the parking areas; and,
(v) Opening and closing the gate every day.
4
746090.1
3. Indemnity.As a material part of the consideration for this Agreement,the City hereby
agrees to indemnify,defend,protect,and hold harmless SMES,the SMES Property,and SMES's
employees,officers,trustees,agents representatives,partners,and their respective successors and
assigns (collectively, the "Indemnitees"), from and against any loss, damage, injury, accident,
fire, or other casualty, liability, claim, cost, or expense(including attorneys' fees)of any kind or
character to any person or property to the extent caused by(a)any use of the SMES Property, or
other property owned by SMES in the vicinity of the SMES Property by the City or its Pennitted
Users, (b)any act or omission of the City or any of its Permitted Users,(c) any bodily injury,
property damage,accident, fire,or other casualty to or involving the City and its Permitted Users
and their property on the SMES Property, (d)any alleged violation by the City or its Permitted
Users of any law, ordinance, or regulation or of any provision of this Agreement, (e)any loss or
theft whatsoever of any property or anything placed,parked or stored by the City or its Permitted
Users on or about the SMES Property,and(t)any enforcement by SMES of any provision of this
Agreement and any costs of removing the City or its Permitted Users or any of their vehicles or
other property from the SMES Property or restoring the same as provided herein; provided,
however, that nothing contained in this section shall relieve SMES or the other hmdenmitees from
any loss, damage, injury, or claim found by a court of competent jurisdiction to have been caused
by the gross negligence or willful misconduct of SMES or the other Indemnitees,but only in
proportion to the extent so caused. The foregoing indemnities shall survive the expiration or
other termination of this Agreement and the Easements.
4. Further Assurances. Each party shall each promptly execute,acknowledge,and
deliver to the other party any and all additional papers, documents, and other assurances, and
shall promptly do any and all acts and things,reasonably necessary in connection with the
performance of their obligations and to cavy out their intent and agreements as expressed in this
Agreement, including,without limitation,any quitclaim deed or other acknowledgement of the
termination of any easement of record in accordance with the terns and conditions of this
Agreement.
5. Not A Public Dedication.Nothing contained herein shall be deemed to be a gift or
dedication of any portion of the SMES Property to the general public or for the general public or
for any public purposes whatsoever.The parties hereby expressly declare and intend that this
Agreement shall be strictly limited to and for the purposes herein expressed. The right of the
public or any person to make any use whatsoever of the SMES Property and the easements
described herein is by permission only, and subject to the control of SMES, unless otherwise
provided in a written or recorded agreement, deed or dedication.
6. Miscellaneous.
61 Attomevs'Fees. if any party shall institute an action or proceeding against
the other party, including any arbitration or mediation proceedings, relating to the provisions of
this Agreement, or any default or alleged default hereunder,then the unsuccessful party in such
action or proceeding shall reimburse the successful party therein for the reasonable cost
(including court cost and reasonable attorneys'and experts' fees) incurred therein by such
successful party.
5
746090.1
62 Notices. All notices, consents, approvals, requests, demands, and other
communications provided for herein shall be in writing and shall be deemed to have been duly
given if and when personally served or the date shown on the return receipts as the date of(first
attempted) delivery after being deposited in the United States mail, duly certified or registered,
return receipt requested, postage prepaid, to the intended party addressed as noted on the
signature head below.
6.3 Severability. Invalidation of any of the provisions contained in this Agreement;
or of the application thereof to any Party or circumstance by judgment or court order, shall in no
way affect any of the other provisions hereof or the application thereof to any other Party or
circumstance, as applicable, and the other provisions herein shall continue in full force and effect
in the same manner as if such unenforceable provision had never been contained herein.
64 Miscellatteous.
(a) This Agreement constitutes the entire agreement between the patties pertaining to
the subject matter hereof and all prior and contemporaneous agreements,representations, and
understandings of the parties, oral or written, are hereby superseded and merged herein.
(b) No supplement, modification, or amendment of this Agreement shall be binding
unless in writing and executed by the parties.
(c) No waiver of any of the provisions of this Agreement shall constitute a waiver
of any other provisions,nor shall any waiver be a continuing waiver. No waiver shall be
binding unless executed in writing by the waiving party.
(d) This Agreement shall be construed and enforced in accordance with, and
governed by, California law.
(e) The Recitals A through E,inclusive,are incorporated in,and are a part of,this
Agreement.
(t) The headings of this Agreement are for reference only and shall not limit or
expand the meaning of the provisions hereof.
(g) This Agreement may be executed in counterparts.
(h) Where required for proper interpretation, words in the singular tense shall
include the plural, and vice versa; the masculine gender shall include the neuter and the
feminine, and vice versa.
(i) Time is of the essence of every provision hereof.
0) The City's obligations under this Agreement, including the indemnities in this
Agreement, shall continue until all claims against SMES and the Indemnities are absolutely
barred by the applicable statute of limitations.
6
7at090.0
IN WITNESS WHEREOF, this Agreement has been executed on the date first written
above.
"SMES"
ST. MARGARET OF SCOTLAND EPISCOPAL
SCHOOL, a California nonprofit corporation
By: c _
.0
Name: 'AYE "T. gtASH
Title: CUtef Fuv#,,grA*. Of-rr%
Address For Notice Purposes:
ST. MARGARET OF SCOTLAND EPISCOPAL SCHOOL
31641 Lallovia Avenue
San Juan Capistrano, CA 92675
Tel: (949) 661-0108
Fax: (949) 661-8637
"CITY"
CITY OF SAN JUAN
CAPISTRANO, a California
municipality
By: ss
Nat /�
Titl : e2
Address For Notice Purposes:
Tei•
Fax:
APPROVED AS
TO FORM
7
(':,Documents and Senings\mmayer\Local Servings\Temp\altmpCl—wtiDCDOF8FF.doc
746090.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
County of
On ` before me, l—)Q'V`Yl -t -) ke—, ,
Date Here Insert Name arM Tile Of Me oHce
personally appeared
Names)of Signer(S)
who proved to me on the basis of satisfactory evidence to
be the person(sf whose nameM'is/are subscribed to the
within instrument and acknowledged to me that
he/she,thay executed the same in hisRie#04ak authorized
capacityoesg), and that by hislMerkheir signatureM on the
Dopy,sMNO111M instrument the person(p) or the entity upon behalf of
CommNpon♦ 1725019 9 which the personVacted, executed the instrument.
Notary mft •canownlo
Gane counh' I certify under PENALTY OF PERJURY under the laws
Cotnn frbt IOtt of the State of California that the foregoing paragraph is
true and correct.
WITNESSZ
nd and offici seal.
f,
Place Notary Seal AOove Signature �Y� ature ry Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached/Document
Title or Type of Document / V'/ y i CFYa ' C(f� � fiYlr11 �1�1YCYkkY
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact ❑Attorney in Fact MENEM
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007Natlonal NotaryAsaociafpn•9358 De Soto Aw.,PO.a 2402•CMeL .CA913132d2 ..NefbnalNdaryorg Item#5907 Reorcler:Call TOA-Fme1-8pgd]efiSV
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by that certain Access and Parking
Easements Agreement attached hereto from St. Margaret of Scotland Episcopal School to the
City of San Juan Capistrano is hereby accepted by the undersigned on behalf of the Grantee
and the Grantee consents to recordation thereof by its duly authorized officer.
Dated: / Z7
GRANTEE
City of San Juan Capistrano
Joe T it
City anager
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 118 1)
On January 27, 2011, before me, Maria Morris, City Clerk, personally appeared
Joe Tait,City Manager,who proved to me on the basis of satisfactory evidence to the be person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity, and that by his/her/there signature on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument .
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
WIjn hand and official seal.
� I
Ma 'a is, r y Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Title or Type of Document
City Manager
Access and Parking Easements Agreement —
Title St. Margaret of Scotland Episcopal School
Signer is Representing Date of Document: January 25, 2011
City of San Juan Capistrano Number of Pages: 23
EXHIBIT "A"
THE SMES PROPERTY
The Property consists of two parcels, APN: 666-123-01 and 666-123-02. The legal
description and map of each parcel follow:
Parcel 1: APN 666423-01
Parcel 2: APN 666-123-0
EXHIBIT"A"
LEGAL DESCRIPTION
PARCEL l:
'f HAI CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF SAN JUAN
C'APISTRANO,COUNTY OF ORANGE,STATE OF CALIFORNIA.BEING A
PORTION OF SECTION 6. TOWNSHIP 8 SOUTH,RANCIE 7 WESTACCORDING
TO AN OFFICIAL PLAT OF SAID LAND FILED IN THF DISTRICT LAND OFFICE
APRIL, 12. 1875 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT"1'HE CENTERLINE INTERSECTION OF LA NOVIA AVENUE
AND GANADO DRIVE AS SHOWN ON'I'RACT NO.7626 FILED IN BOOK 340
PAGES 32"THROUGH 34,INCLUSIVE,OF MISCELLANEOUS MAPS IN THE
OFFICE OF THF_ORANGE COUNTY RECORDER:THENCE NORTHEASTERLY
ALONG THE CENTERLINE OF UANADO DRIVE. 50 FEET WIDE,AS DFEDF.D
101 HE COUNTY OF ORANGE IN BOOK 829 PAGE 259 OF OFFICIAL RECORDS
IN THE OFFICE.OF THE ORANGE COUNTY RECORDER NORTH 72°58'51"EAST
45.64 FEET VO AN ANGLE POINT IN SAID GANADO DRIVE:THENCE
CONTINUING ALONG THE CENTERLINE OF GANADO DRIVE NORTH
o3208'00" FAST 7.81 FEET TO A POINT OF INTERSECTION WITH A LINE
PARALLEL WITH AND 52 FEET EASTERLY OF THE CENTERLINE OF LA
NOVIA AVENUE,SAID PARALLEL FINE ALSO BEING A NON-TANGENT
CURVE,CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 3784.05 FEET,A
RADIAL LINE OF SAID CURVE TO SAID INTERSECTION BEARS NORTH
58041'45"FAST SAID IN-f ERSECTION ALSO BEING THE TRUE POINT OF
BEGINNING:THENCE NORTHWESTERLY ALONG SAID CURVE AND
PARALLEL LINE 7.83 FEET THROUGH A CENTRAL.ANGLE OF 0007'07"TO A
POINT OF INTERSECTION WITH A SOUTHWESTERLY LINE OF SAID TRACT
NO.7626;THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE
SOUTH WE'STF`RLY AND SOUTHEASTERLY BOUNDARY OF SAID TRACT NO.
7626 ITIE FOLLOWING COURSES:
NORTH 75°42'51"EAST 23.10 FEET;THENCE NORTH 55°07'51-EAST 159.62
FEET TO A POINT OF INTERSECTION WITH THE NORTHWESTERLY RIGHT OF
WAY LINE'.OF SAID GANADO ROAD;THENCE NORTHEASTERLY ALONG
SAID NORTHWESTERLY RIGHT OF WAY LINE OF GANADO ROAD NORTH
63008'00^FAST 48.76 FEET TO AN ANGLE POINT:THENCE SOUTHEASTERLY
ALONG THE NORTHEASTERLY RIGHT OF WAY LINT'OF SAID CIANADO
DRI VF;SOUTH 78'24'04"FAST 74.30 FEET TO A POINT OF INTERSECTION
WITH'I HE SOUTHWESTERLY LINE OF SAID'FRACTNO.7626;THENCE
SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF TRACT NO. 762()
SOUTH 73°37'09"EAST 114.29 FEET TO A POINT ON THE NORTHERLY LINE
OF A RECORD OF SURVEY RECORDED IN BOOK 68 PAGE;45 OF RECORDS OF
SURVEY IN THE.OFF'IC'E OFSAID COUNT"Y RECORDER:THENCE
SOUTHWESTERLY ALONG SAID NORTHERLY LfNE SOUTH 59046'46"WEST
48.04 FEE('TO AN ANGLE POINT IN SAID NORTHERLY LINE:THE.NC'F:
CONTINUING ALONG SAID NORTHERLY LINE OF RECORD OF SURVEY
SOUTH 59009'03"WEST 299.71 FEETTO A POINT ON THE EASTERLY LINT:OF
THE LAND GRANTED TO ORTEGA PROPERTIES PER GRANT'DEED
RECORDED IN BOOK 13050 PAGE 1980 OF OFFICIAL RECORDS IN THF.OFFICE
OF THE ORANGE COUNTY RECORDER:THENCE NORTHERLY ALONG SAID
L',ASTERLY LINE NOR'T'H 05,041'52"FAST 62.54 FEETTO AN ANGLE POINT IN
SAID GRANT DEED:THENCE WESTERLY ALONG A NORTHERLY LINE OF
SAID LAND GRAN TED TO ORT E'GA PROPERTIES SOUTH 8003'16"WEST'55.48
FEET"TO ITS INTERSECTION WITH A LINE.PARALLEL WITH AND 52 FEE'1'
EASTERLY OF THE CENTERLINE OF LA NOVIA AVENUE,SAID PARALLEL
LINK ALSO BEING A NON-TANGHNT CURVE,CONCAVE SOIITIIWESTERLY,
HAVING A RADIUS OF 3784.05 FEET',A RADIAL LINE OF SAID CURVE TO
SAID INTERSECTION BEARS NORTH59031'12"EAST:THENCE
NORTHWESTERLY WESTERLY ALONG SAID PARALLEL LINE AND CURVE 54.43 FEEI"
THROUGH A CENTRAL ANGLE OF 0049'27"TO THE TRUE POINT OF
BFGINNING.
CONTAINING:0.857 ACRES MORE OR LESS
EXITIBIT•"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PAR'l
HEREOF.
SUBIEC"E T'O:COVENANTS.CONDITIONS,RESTRICTIONS.RIGHT OI;WAY
AND EASEMENTS OF RECORD.
LFA„j
PR1i�REDUNDERTHESIIPE -. ION OF! o�,y s. BORA`
7705GREG( Y k BORCHARD, LS 7705 L.9 N
P.122 O..31.0.31.0
$
MY FrISTRATION EXPIRES: 12131/08 J, /
2ASTERLY UNE /
S TR CT 7JTK 634 ,4
1/.AI. 540/ N6J0006 /O
P 178V 1• 74.3M7820' PQQ'
N6J ,O0'E 5841,45 fLR) PSL
7.81• AG.4N DO DRIW G ,ply
ao4 '2 P.O.B. HOOK 829 PAGE 259 O.R.
�.� R L�43' VN'0 y7
Z�J J
NBOW'16•E
a . 5548'
E(J PARCEL Ia1�
�---- 0.857 AC.t
6N0.514152T 0.
299.71N59,4G,46'E
N5909
4804
NORTHERLY UNE OF R.SB. 68/43
EASTERLY UNE OF LAND GRANTED TO Q� \
ORTEGA PROPERTIES PER GRANT GEED
RECORDED 1N BOOR 13050 PAGE 1980 O.R.
EXHIBIT A-1
SKETCH TO ACCOMPANY ,els CALLS PVENIE
A IEOAL CESCMPTIGN FOR SAN CLOMME CA M72
PARCEL 1 MAP OF SMES PROPERTY 'HQW (9A -A662
CONTAINING: 0.857 AC. t SHEEETT 1 OOFF 1 SHEET
.RINE 20, 2007 CNA039-07
EXHIBIT"A"
LEGAL DESCRIPTION
PARCEL2:
THAI CERTAIN PARCEL OF LAND SITUATED IN'PHP.CITY OF SAN JUAN
CAPIST'RANO,COUNTY OF ORANGE:.STAT'F OF CALIFORNIA,BEING A
PORTION OF THE LAND GRANTED TO ORTEGA PROPERTIES PER GRANT
DEED RECORDED MARCH I, 1979 IN BOOK 13050 PAGE 1980 OF OFFICIAL.
RECORDS IN THE OFFICE OF THF.ORANGE COUNTY RECORDER MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CFN"FERLINE:INTERSECTION OF LA NOVIA AVENUE
AND GANADO DRIVE AS SHOWN ON TRACT NO. 7626 FILED IN BOOK 340
PAGES 32 T'HROUGH 34.INCLUSIVE,OF MISCELLANEOUS MAPS IN THE
OFFICE OF THE ORANGE COUNTY RECORDER;THENCE NORTHEASTERLY
ALONG THECENTERLINE OF GANADO DRIVE,50 FEET WIDE.AS DEEDED
TO"I'HE COUNTY OF ORANGE.IN BOOK 829 PAGE 259 OF OFFICIAL RECORDS
IN THE OFFICE OF THE ORANGE COUNTY RECORDER NORTH 72058'51"FAST
45.64 FEET TO AN ANGLE POINT IN SAID GANADO DRIVE;THENCE
CONTINUING ALONG THE CENTERLINEOF GANADO DRIVE.NORTH
63008'00"EAST 7.81 FEET TO A POINTOF INTERSECTION WITH A LINE
PARALLEL WITH AND 52 FEET EASTERLY OF THE CENTERLINE OF LA
NOVIA AVENUE,SAID PARALLEL LINE ALSO BEING A NON-I'ANGENT
CURVE.CONCAVE SOU'THWEST'ERLY, HAVING A RADIUS OF 3784.05 FEET,A
RADIAL LINE OF SAID CURVE TO SAID INTERSECTION BEARS NORTH
58041'45"EAST;THENCE SOUTHEASTERLY ALONG SAID CURVE 25.07 FEET
THROUGH A CENTRAL ANGLE OF 0022'46-T0 ITS INTERSECTION WITH T14E
SOUTHERLY LINE OF SAID GANADO DRIVE:THENCE CONTINUING -
SOUTHERLY ALONG LAST MENTIONED CURVE 29.36 FEET HIROUGH A
CENTRAL.ANGLE OF 0026'41" TO THE TRUE POINT OF BEGINNING:
FHENCE CONTINUING ALONG SAID CURVE 92.04 FEET"THROUGH A
CENTRAL ANGLE OF 1023'37" TO ITS INTERSECTION WITH AN EASTERLY
LINE OF"THF SAID LAND GRANTED TO ORTEGA PROPF.RT'IF.& FHENCE
LEAVING SAID CURVE ALONG SAID EASTERLY LINE OFTHE HE LAND
GRANTED TO ORTEGA PROPERTIES NORTH 5041'52"EAST 89.91 FEET TO AN
ANGLE POINT IN SAID LAND GRANTETI TO ORTEGA PROPERTIES;THENCE:
WESTERLY ALONG A NORTHERLY LINE OF SAID LAND GRANTED TO
ORTEGA PROPERTIES SOUTH 80003'16" W EST 55.48 FEET TO THE TRUE.
POINT OF BEGINNING.
CONTAINING:0.054 ACRES MORE OR LESS
EXHIB11"B"ATTACHED HERE10 AND BY THIS RFFERENCF,MADE A PARI'
HEREOF.
SUBJE,C'TTO:COVENANTS,CONDI'T'IONS. RESTRICTIONS,RIGHT OF WAY
AND EASEMENTS OF RECORD.
PRET) ED LINDER'I'HE SLIPF )iISION 06':
L
n
� /
G EG Y S. BORCHARll.LS 770
s N! 77^,
MY R GiSTRATION EXPIRES; 12131/08 .I -_. _ ,� 1-06
oy0
N58'41'45-LR)
P.O. —
6Ji)B100 E _ 227.85 �,"
R°376p224a�5' �' CAh(ADO DRIWOP +J
L-25.07' BJT OOT BOOK 829 PAGE 159 O.R. ��p* 289.10' 51
=N59V4J1'E6V, A-026'41"R=378405'1=29. y �yF�O,p�
8 S
o T.P.O.B. 5007NERLY/ J� 'rJ�. If4� Y
SN5544
'16[ J6'J UNE OF GANADO D
s PARCEL 2 +�
" 0.054 AC..t
ss• � � 2-
Z m • EAS7ERLY LINE OF LAND GRANTED TO m �� �•
RC1 ro OR7EGA pROPERRES PER GRANT DEED
m� RECORDED 7N BOOK 13050 PAGE 1980 O.R. 299.71'
N58'40 �
N59T79'OJ E 48.04
NORTHERLY UNE OF R.5.8. 68/45 10
t^
EXHIBIT A-1
SKETCH TO ACCOMPANY 215 CALtE PUENTE
A IECAL DES PION FOR 8AN CLO.UTE.CA 92872
PNCNE: (94)439-422
PARCEL 2 SHEET 1 OF 1 SHEET
CONTAINING: 0.054 AC. 3 MAP OF SMES PROPERTY ,UNE 14. 2007 CHAO39-07
Exhibit B
THE CITY PROPERTY
i° A'0
o
ev
let
e �.
r � G�
N
t
0 200 400 800
Feet
EXHIBIT "B-1"
The Property consists of two parcels, APN: 666-011-19 and APN: 666-252-15
APN: 666-252-15 Legal: SEC 6 T 8 R7 POR SE 1/4
APN: 666-252-15 Legal: P M 143-01 PAR G POR OF PAR 100%INT—CITY OF SANJ
CAPISTRANO—WHOLLY EXEMPT
EXHIBIT "C"
ACCESS EASEMENT AREA
1. ADA accessible ramp from center of north edge of parking lot to pedestrian sidewalk at
intersection of Calle arroyo and La Novia avenue
2. Path from south-west corner of parking lot to public foot/bike path immediately adjacent to La
Novia avenue
METER LOCATION
REFER TO P.O C.NOTE(011 AT RIGHT - _ -
""""°" "'��"""" CONTROLLER LOCATION
Pavl"B Fof Dr 19Clariy`Lnq,Reb(p
1 crvBEr,�eM1 Plenty br Evxl Lo®bn. REFER TO CONTRpU_EA NOTE IF2)AT RKi1tI
1
CAI r Z I"91 awlroYar sM M Pants br
,S- _ ARROYO a -saaarvPmr.AI"Nw-abcen-Ber -
al"noH "�
-7!—<
2
VI 1. j,�.
ac
f I` I ' I F MATOGH RGETPR04 TO
Access Easement Area .. 6 p
OO NO G TAREAS ENT' ph
6 � OR NON TARGET AREAS
l�z.. ar T 7 l0 9 Z
I
�R
f
-
I
OVERHEAD IRRIGATION SHALL NOT BE PERMITTED MAINLINE SHOWN WITHIN PAVINGFOR
if WITHIN 24 INCHES OF ANY N0.VDERMEABLE ORAWINGGLAPoTYONLY ACTUAL
ell SURFACE.(PER STATE ORDINANCE AS 18S MAINLINE LOCATION TO BE INSTPILED
r ABSOLUTELY NO OVERSPRAY OR LOW HEAD AT IS-BEHIND CURB/PAVINGTYPICAL.
DRAINAGE IS ALLOWED
2
i�
MAP OF ACCESS EASMENT AREA EXHIBIT C-: EXHIBIT C-1