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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