11-0309_ST. MARGARET EPISCOPAL SCHOOL_Access and Parking Easements Agreement. (J
This Document we.. Jlectronically recorded by LS(L -
RECORDlNG REQUESIBD BY AND
WHEN RECORDED, RETURN TO:
CR South County D
'.:.·· Recorded In Official Records, Orang~ Co,~nty
Tom,;~l~·~;;;·~~;i~;ii~~f ;8,00
Samuels, Green, Steel, & Adams, LLP
19800 MacArtlnrr Blvd., Suite 1000
frving, CA 92612
2011000125918 12:45pm 03/09/11
10 405 A12 A04 23
o.oo 0.00 0.00 0.00 66.00 0.00 0.00 0.00
Attn: Megan G. Mayer, Esq.
(Space Above This Line for R e corder's U se Only)
ACCESS AND PARKING EASEMENTS AGREEMENT
This ACCESS AND PARKING EASEMENTS AGREE1\1ENT ("Agreement") is entered
into and effective as of January 25, 2011, by and between ST. MARGARET OF
SCOTLAND EPISCOPAL SCHOOL, a California nonprofit corporation ("SivlES ") arid the
CITY OF SAN WAN CAPIS1RANO, 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 SivlES Property is
shown graphically for convenience on attached Exhibit "A-1." The SlVIBS 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-L "
The City Property is adjacent to the SivlES 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 Sl\.1ES Property.
NOW THEREFORE, for valuable and sufficient consideration, the receipt and adequacy
of which is hereby aclmowledged, the parties hereby agree as follows:
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l Gran t of Property Easeme nts. SMES hereby grants to the City the following
described access and parking easements, subject to the terms of this Agreement.
ll 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 fully
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 pmties claiming a use through or under SMES. The City
shall not permit any other party, except the City's Pem1itted Users (as defined in 1.4) to enter the
Easement Areas or use the Easements. All Pem1itted 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.
L4 Delegation of Use . The City shall have the right to pennit 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 perfo1med the
same.
15 Rules and Regu lations. SMES shall have the right to establish reasonable
rules and regulations affecting the SMES Property as are consistent with tem1s 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 Prope1ty. 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.
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1.6 Right to Relocate. SMES reserves the right to relocate the Easements granted
herein, so long as such relocation pem1its the City reasonable use of the Easements;
1J No Hazardous Materials. Neither party shall use, or permit the use of,
Hazardous Materials on, about, under or in the SMES Propetiy. Each pmiy shall inde1m1ify,
protect, defend and hold hru.mless 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 pennitted to be used by such paity. For the purpose of this Section, the tem1 (i)
"Hazardous Mate1ials" 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 meru.1 all fedei:al, state, comity, municipal, local and
other statutes, laws, ordinances and regulations which relate to or deal with htmian health or the
environment, all as may be amended from time to time.
1.8 Compliance with Laws. All use of the Easements shall be in compliance
with all applicable governmental laws, rules, regulations, orders and such ordinances.
1.9 Easement.Appurtenant And Covenant to Run with The Land.
1.9.1 Easement Aoourtenant. Subject to the conditions of tennination 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.
1.9.2 Covenants to Run with Tue 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 n.mning 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 Prope1ty. Each covenant shall run with the SrvIBS Propetiy, and any p01tion thereof, as
applicable, and shall be binding upon and benefit each successive owner dming its ownership of
the SMES Property, during its ownership of the City Prope1iy, subject to the conditions of
tennination in Section 1.10.
1.10 Termination of Easements. The City Prope11y is currently used as a community
park and the Easements serve the purpose of providing parking for the City and its Pern1itted
Users and for access to the community park. SMES desires to use the SMES Prope11y 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 Prope1ty as a parking lot, and so long as the City
Propetiy is owned by the City and used as a community park.
1.10.1 Termination of Parking Easement. The Parking Easement shall
automatically tenninate immediately, without the necessity of other execution or reco~dation of
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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 Prope11y as a parking lot, 2)
the City no longer owns the City Property, or 3) the City discontinues use of the City Prope11y 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.
·l.11 No Further Easements. Nothing herein shall be construed to obligate either
party to grant any further easements on the other pa11y'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
Prope1ty, 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 constrncted
from ti.me to time on the SMES Property in accordance with the terms of this Agreement. Such
obligations shall include, without limitation, the following:
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() 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 p011ions;
(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 signs governing
usage;
(iv) Complying with all applicable govenunental laws, rnles, 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
3. Jndemnitv. As a material part of the consideration for this Agreement, the City hereby
agrees to indemnify, defend, protect, and hold hannless 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 attomeys' 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 vieinity of the SMES Property by the City or its Pennitted
Users, (b) any act or omission of the City or any of its Pem1itted Users, (c) any bodily injury,
property damage, accident, fire, or other casualty to or involving the City and its Pem1itted Users
and their prope1ty on the SMES Property, (d) any alleged violation by the City or its Pennitted
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 Pemlitted
Users on or about the SrvIBS Property, and (f) any enforcement by S:MES of any provision of this
Agreement and aqy costs ofremoving the City or its Pennitted Users or any of their vehicles or
other prope1ty from the SMES Property or restming the same as provided herein; provided,
however, that nothing contained in this section shall relieve SMES or the other Indemrlitees from
any loss, damage, injury, or claim found by a court of competent jurisdiction to have been caused
by the gross negligence or willfol misconduct of SMES or the other hldemnitees, but only in
prop011ion to the extent so caused. The foregoing indemnities shall survive the expiration or
other te1111ination of this Agreement and the Easements.
4. Further Assurances. Each party shall each promptly execute, aclmowledge, 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 necessmy in connection with the
pe1fo1mance of their obligations and to cany out their intent and agreements as expressed in this
Agreement, including, without limitation, any quitclaim deed or other acknowledgement of the .
tennination of any easement of record in accordance with the tenns and conditions of this
Agreement.
5 . N ot A Public Declica tion. Nothing pontained 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 li1nited 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 othe1wise
provided in a written or recorded agreement, deed or dedication.
6. Miscellaneous.
61 A tt orneys' F ees . 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 patty therein for the reasonable cost
(including comt cost and reasonable attomeys' and expe1is' fees) incuITed therein by such
successful party.
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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 duty
given if and when personally served or the date shown on the retum receipts as the date of (first
attempted) delivery after being deposited in the United States mail, duly ce1tified or registered,
return receipt requested, postage prepaid, to the intended party addressed as noted on the
signature head below.
6.3 Severabilitv . 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 Patty 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.
746090.1
64 Miscellaneous.
(a) This Agreement constitutes the entire agreement between the parties 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 pa11 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.
U) 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.
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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~------
Name: 't:.AVi\. "":l"". SlA.S H
Title: Q.ultf (-tr1~~ o('.-f-\~
Address For Notice Purposes:
ST. MARGARET OF SCOTLAND EPISCOPAL SCHOOL
31641 LaN.ovia A venue
San Juan Capistrano, CA 92675
Tel:
Fax:
"CITY"
(949) 661-0108
(949) 661-8637
CITY OF SAN JUAN
CAPISTRANO, a California
municipality
Address For Notice Purposes:
Fax:
7
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APPROVED AS ~ a.-r
TO FORM
(;\Documents and Senings\mmayer\Local Senings\Temp\altmpC1-wtiDCDOF8FF.doc
746090.l
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . . ~~~·
} State of California
county of Qco..,rige..
on \ ,c;J,S JI/ before me, ~lo ...
personally appeared -~·~~~~~~l~~~~~~~~~~~~~~~----~~----
@ DANA llMONCIC '
Comm1111on ii 1725019 i Notary Publlc -Callfornla I J Orange County -
, , , , , 1'~W!':~,tirfU ,(
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the persof}.!.sr' whose name~'} is/ai=e-subscribed to the
within instrument and acknowledged to ma that
he/st:ielt.bey executed the same In his/~er-ttAe4' authorized
capacity(JeS}, and that by hls/t:ierftfielr signature(;a' on the
instrument the person(~. or the entity upon behalf of
which the person~'acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph ls
true and correct.
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 realtaChf!lent of this form to another document.
Description of Attached Document
Title or Type of Document: Wte~-7> C:.'<.ta·{
,
fl.:t rlu..ry)
Document Date :-------------------Number of Pages:---------
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:-------------
0 Individual
D Corporate Officer -Title(s):
D Partner -D Limited D General
D Attorney In Fact
0 Trustee
0 Guardian or Conservator
0 Other: ________ _
Signer Is Representing: ___ _
RIGHTTHUMBPAINT
OF SIGNER
Top of thumb here
Signer's Name: ______________ _
D Individual
D Corporate Officer -Tltle(s): ---------
0 Partner -D Limited 0 General
0 Attorney in. Fact
OTrustee
D Guardian or Conservator
0 Other: __________ _
Signer ls Representing: ____ _
RIGHTTHUMBPRINT
OF SIGNER
Top of lhumb here
• «:12007 National Nolaiy Association• 9350 De Solo Ave .. P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NallcinalNolary.org Item #5907 Reorder: Call Toll-Free 1-B00-876·8827
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: I /z7 J; ~~1-----77'-'-'~~~~
GRANTEE
City of San Juan Capistrano
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On January 27, 2011, before me, Mnria 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 PENAL TY 0 F PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
Capacity Claimed by Signers
City Manager
Title
Signer is Representing
City of San Juan Capistrano ·
WI hand and official seal. ·
OPTIONAL
. Description of Attached Document
Title or Type ofDocwnent
Access and Parking Easements Agreement -
St. Margaret of Scotland Episcopal School
Date ofDocument: January 25, 2011
Number of Pages: 23
EXHIBIT "A"
THE SMES PROPERTY
The Property consists of two parcels, APN: 666-123-01and666-123-02. The legal
description and map of each parcel follow:
Parcel 1: APN 666-123-01
Parcel 2: APN 666-123-0
PARCEL I:
EXHIBIT "A"
LEGAL DESCRJPTJON
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A
PORTION OF SECTION 6, TOWNSHIP 8 SOUTH, RANGE 7 WEST ACCORDING
TO AN OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE
APRIL 12. 1875 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT TI-IE CENTERLINE INTERSECTION OF I.A NOVIA A VENUE
AND GANADO DRIVE AS SHOWN ON TRACT NO. 7626 FILED IN BOOK 340
PAGES 32 THROUGH 34, INCLUSIVE, OF MISCELLANEOUS MAPS IN THE
OFFICE OF THE ORANGE COUNTY RECORDER; THENCE NORTHEASTERLY
ALONG Tl-IE CENTERUNE OF GANADO DRIVE. 50 FEElT WIDE, AS DEEDED
TO THE COUNTY OF ORANGE fN BOOK 829 PAGE 259 OF OFFICIAL RECORDS
IN THE OFFICE OF THE ORANGE COUNTY RECORDER NORTH 72°58'51" EAST
45.64 FEET TO AN ANGLE POINT IN SAID GANADO DRIVE; THENCE
CONTINUING ALONG THE CENTERLINE OF GANADO DRIVE NORTH
63°08'00" EAST 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 LINE ALSO BEING A NON-TANGENT
CURVE. CONCA VE SOUTHWESTERLY, HA VlNG A RADIUS OF 3784.05 FEET, A
RADIAL LINE OF SA.ID CURVE TO SAID INTERSECTION BEARS NORTH
58°41 '45" EAST SAlD INTERSECTION ALSO BEING THE TRUE POINT OF
BEGINNING; THENCE NORTHWESTERLY ALONG SAID CURVE AND
PARALLEL LfNE 7.83 FEET THROUGH A CENTRAL ANGLE OF 0°07'07" TO A
POINT OF INTERSECTJON WITH A SOllTHWESTERL Y LINE OF SAID TRACT
NO . 7626; ')'HENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE
SOUTHWESTERLY AND SOUTHEASTERLY BOUNDARY OF SAID TRACT NO.
7626 THE FOLLOWING COURSES:
NORTH 75p42'51" EAST23.10 FEET; THENCE NORTH 55°07'51" EAST 159.62
FEET TO A POINT OF INTERSECTION WITH THE NORTHWESTERLY RJGHT OF
WAY LINE OF SAID GANADO ROAD; THENCE NORTHEASTERLY ALONG
SAID NORTHWESTERLY RIGHT OF WAY LINE OF GANADO ROAD NORTH
63°08'00" EAST 48 .76 FEET TO AN ANGLE POINT; THENCE SOUTHEASTERLY
ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID GANADO
DRIVE SOUTH 78°24'04" EAST 74.30 FEET TO A POINT OF INTERSECTION
WITH THE SOUTl-JWESTERL Y LINE OF SAID TRACT NO. 7626; THENCE
SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LfNE OF TRACT NO. 7626
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 OFFICt: OF SAID COUNTY RECORDER: THENCE
SOUTHWESTERLY ALONG SAID NORTHERLY LINE SOUTH 59°46'46" WEST
48.04 FEET TO AN ANGLE POINT IN SAID NORT.l-IERL Y LINE: THENCE
CONTINUING ALONG SAID NORTHERLY LINE OF RECORD OF SURVEY
SOUTH 59°09'03" WEST 299.71 FEET TO A POINT ON THE EASTERLY LINE OF
THE LAND GRANTED TO ORTEGA PROPERTIES PER GRANT DEED
RECORDED IN BOOK 13050 PAGE 1980 OF OFFICIAL RECORDS IN THE OFFICE
OF THE ORANGE COUNTY RECORDER: THENCE NORTHERLY ALONG SAID
EASTERLY LINE NORTH 05°41'52" EAST 62 .54 FEET TO AN ANGLE POINT IN
SAID GRANT DEED: THENCE WESTERLY ALONG A NORTHEIU,Y I.INE OF
SAID LAND GRANTED TO ORTEGA PROPERTIES SOUTH 80°03'16" WEST 55.48
FEET TO ITS INTERSECTION WITH A LfNE PARALLEL WITH AND 52 FEET
EASTERLY OF THE CENTERLINE OF LA NOVIA AVENUE, SAID PARALLEL
LINE ALSO BEfNG A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 3784.05 FEET, A RADIAL LINE OF SAID CURVE TO
SAID INTERSECTION BEARS NORTH 59°31'12" EAST; THENCE
NORTHWESTERLY ALONG SAID PARALLEL LINE AND CURVE 54.43 FEET
THROUGH A CENTRAL ANGLE OF 0°49'27" TO THE TRUE POTNT OF
BEGINNING.
CONTAINING: 0.857 ACRES MORE OR LESS
EXHIBIT "B'' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO: COVENANTS. CONDITIONS, RESTRICTIONS, RIGHT OF WAY
AND EASEMENTS OF RECORD. .
52•
--i _/
EXHIBIT A-l
SKETOI TO ACCOMF'ANY
A LEGAL DESCRIP110N FOR
PARCEL 1
CONTAINING: 0.857 AC. ±
~ l<c_ GANADO~ DRIVE
BOOK 829 PAGE 259 O.R.
PARCEL
0.857 AC.:t
NORTHERLY UN£ OF R.S.B. 68/45
£A,Sl'E'F?L y UN£ OF LAND GRANTfD TO
ORTEGA PROPER11£S P£R GRANT D££D ~CORDED IN BOOK 1J050 PAGE 1980 O.R.
MAP OF SMES PROPERTY
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SAN a.EMENTE. CA 92672
PHONE: (949}439-4$82
SHEET 1 OF 1 SHEET
J.JNE 20, 2007
PARCEL 2:
EXHIBIT"A"
LEGAL DESCRIPTION
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF SAN JUAN
CAPISTRANO .. COUNTY OF ORANGE, STATE OF CALIFORNIA. BEfNG 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 THE ORANGE COUNTY RECORDER MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMEN<;ING AT THE CENTERLINE INTERSECTION OF LA NOVIA AVENUE
AND GANADO DRIVE AS SHOWN ON TRACT NO. 7626 FILED IN BOOK 340
PAGES 32 THROUGH 34. fNCLUSlVE, OF MISCELLANEOUS MAPS IN THE
OFFICE OF THE OR.ANGE COUNTY RECORDER; THENCE NORTHEASTERLY
ALONG THE CENTERLINE OF GANADO DRIVE, 50 FEET WIDE, AS DEEDED
TO THE 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 TO AN ANGLE POJNT IN SAID GANADO DRIVE; THENCE
CONTINUING ALONG THE CENTERLINE OF GANADO DRIVE NORTH
63°08'00" EAST 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 LfNE ALSO BEfNO A NON-TANGENT
CURVE. CONCAVE SOUTl-IWESTERLY, HAVING A RADIUS OF 3784.05 FEET. A
RADIAL LINE OF SAID CURVE TO SAID INTERSECTION BEARS NORTH
58°41 '45" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE 25.07 FEET
THROUGH A CENTRAL ANGLE OF 0°22'46" TO ITS INTERSECTION WITH THE
SOUTHERLY LINE OF SAID GANADO DRIVE; THENCE CONTINUTNG
SOUTHERLY ALONG LAST MENTIONED CURVE 29.36 FEET THROUGH A
CENTRAL ANGLE OF 0°16'41" TO THE TRUE POlNT OF BEGINNING:
THENCE CONTfNUING ALONG SAID CUR VE 92.04 FEET THROUGH A
CENTRAL ANGLE OF 1°23'37" TO ITS fNTERSECTION WITH AN EASTERLY
LINE OF THE SAID l .. AND GRANTED TO ORTEGA PROPERTIES: THENCE
LEAVING SAID CURVE ALONG SAID EAS1'ERLY LINE OF THE LAND
GRANTED TO ORTEGA PROPERTIES NORTH 5°41 '52" EAST 89.91 FEET TO AN
ANGLE POINT TN SAID LAND GRANTED TO ORTEGA PROPERTIES; THENCE
WESTERLY ALONG A NORTHERLY LINE OF SAlD LAND GRANTED TO
ORTEGA PROPERTIES SOUTH 80°03' 16" WEST 55.48 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINlNCJ : 0.054 ACRES MORE OR LESS
·.
EXHIBIT "B" A TI ACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO: COVENANTS. CONDITIONS, RESTRICTTONS, RJGHi OF WAY
AND EASRMENTS OF RBCORD.
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EXHIBIT A-1
SKETOI TO ACCOMPANY
A LEGAL DESCRIP110N FOR
PARCEL 2
CONTAINING: 0.054 AC. ±
"i°Ltt GANADO ~ DR/Jf;BS
63'08'00•f: BOOK 829 PAGE: 259 O.R.
ti=D"26'41· R=J784.05' L=29.3Z'
T.P.0.8. . D"" NB0'0.3•15•£ SOUTHE:Rl Y UN£ OF GANADO '"
55.48'
PARCEL 2
0.054 AC.%
cA51CRL Y LJNE OF u.ND GRANTED TO
ORTEGA PROPER71f:S PF:R GRANT DEED ,,,,,,_ ___ R£C0RDED IN BOOK IJCISO PAGC 1980 D.R.
NORTHf:RL Y LJNf: OF R.S.8. 68/45
MAP OF SMES PROPERTY
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1115 CAU.E P\JD!l!
SAN ODIDl'TE. CA ~6n
PHOHE! (9•9)<..'9--4l82
SHEET 1 OF 1 SHEET
~NE 14, 2007 OiA039-07
Exhibit B
THE CITY PROPERTY
N
"*' s
0 200 400 800
Feet
EXHIBIT "B-1 t•
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 114
APN: 666-252-15 Legal: PM 143-01 PAR G POR OF PAR 100% INT-CITY OF SANJ
CAPISTRANO -WHOLLY EXEMPT
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METER LOCATION
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OVERHEAD IRRIGATION SHALL NOT BE PERMITTBl
WITHIN 24 INCl<ES OF o\NV NQN.PERMEABl.E
SURFACE, (PERSTATEOROINANCEAB 1881.j
ABSOLllTEL Y NO OVERSPRAV OR LOW HEAD
DRAINAGE IS ALLOWED.
MAI Nl. .. E Sl<OWN WITH IN PAVt<G FOR
DRAWING CLARITY ONLY. ACTUAL
MAINl.INE LOCATION TO BE INSTAU.ED
AT 18" BEHIND C!fflB/PA~G TYPICAL
MAP OF ACCESS EASMENT AREA
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EXHIBIT C-1
I
EXHIBIT C-1
EXHIBIT "D"
PARKING EASEMENT AREA
The asphalt covered portion of the property, including the vehicular access from Calle Arroyo at the
north-east corner of property
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01/E~EAO IRRIGATION SHAU. NOT SE PERMrrTEO
WITHIN 24 INCHES OF ANY NON.f>ERMEABLE
SIBl'Aa;, (PER ST ATE ORDINANCE A8 1881.)
ABSOl.lJTB. Y NO OllERSPRA'I' OR LOW HEAD
DRAINAGE IS Allov.B>.
II I . :.1 )! i '. j\
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CONTROLLER LOCATION ----
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MAl><U<ESHOWN WllMIN Pl\vt<G FOR
ORAWlt'(; ct..ARrTY ONLY. ACTUAL
M.AlHl.JNE LOCATION TOBE iNsfAUEl)
AT 11t" l!EHINOCURBl!'llV1NG l'YPICAI...
MAP OF PARKING EASMENT AREA
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EXHIBIT D-1