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06-1103_ORANGE, COUNTY OF_Easement Deed & Agreement0 RECORDING REQUESTED BY: County of Orange - IWMD AND WHEN RECORDED MAIL TO: County of Orange - IWMD 320 N Flower St., Suite # 400 Santa Ana, CA. 92703 Attn: Donna Garza 0 Recorded in Official Records, Orange County Torn Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 20060007444010924am 11103106 115 42 E01 16 O.UD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: EASEMENT DEED AND AGREEMENT CONFORMED COPY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 51 PM 126-37 Refuse Disposal Station #26 Prima Deshecha Landfill EASEMENT DEED AND AGREEMENT This Easement Deed and Agreement is made 2 T , 2006, by and between COUNTY OF ORANGE, a body corporate and politic, hereinafter referred to as "COUNTY," and CITY OF SAN JUAN CAPISTRANO a California Municipal Corporation, hereinafter referred to as "CITY." R E C I T A L S A. COUNTY currently owns and operates the Prima Deshecha Landfill ("Prima") in the City of San Juan Capistrano. B. CITY operates a non -motorized recreational trail system and desires to include use of portions of certain existing trails and roads located on Prima. C. COUNTY is willing to grant an easement to CITY for operation of trails on Prima as compatible with COUNTY operations at Prima, which trails shall be available for use by the general population of Orange County. D. CITY is willing to install fencing as required by COUNTY to restrict access from such trails to other areas on Prima. NOW, THEREFORE, COUNTY AND CITY agree as follows: For a valuable consideration, receipt of which is hereby acknowledged, COUNTY does hereby grant to CITY, its successors and assigns, a non-exclusive recreational trail easement for non -motorized purposes in the County of Orange, State of California, in, on, over, and across that certain real property (hereinafter referred to as "Easement Area") shown on Exhibit A and described on Exhibit B, both attached hereto and by reference made a part hereof. It is understood and agreed by the parties hereto and their successors and assigns, that said easement herein granted shall be subject to the following terms and conditions: CONSTRUCTION AND MAINTENANCE CITY shall have its initial construction plans approved in writing by COUNTY's Director of Integrated Waste Management Department or designee or successor (hereinafter referred to as "Director") prior to commencement of any work; and upon completion of any work, CITY shall immediately notify Director of such completion. Director's approval of CITY's initial construction plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other governmental requirements. 09-19-06 _ r SJC Trail Fasement and Decd Agecment Los Mares.doc 4- 3 5 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 51 CITY's initial construction shall include fencing as required by Director to restrict access from the Easement Area to other areas of Prima. All improvements constructed or placed in the Easement Area by CITY shall be operated and maintained at no cost to COUNTY. . Should it be necessary for CITY to disturb the surface of the Easement Area subsequent to the completion of the initial installation of necessary facilities, CITY agrees to notify Director in advance and to obtain Director's written approval of all plans for construction and/or maintenance prior to commencement thereof. Said approval shall not be withheld capriciously or unreasonably, nor shall said approval be necessary in any emergency situation. 2. RELOCATION COUNTY reserves the right to relocate this easement. In the event COUNTY exercises this right, COUNTY shall replace improvements in the Easement Area in kind and shall bear all costs of relocating the easement and replacing the improvements. COUNTY shall first furnish CITY with a document containing terms and conditions similar to those contained herein. COUNTY and CITY agree that such relocation shall be made at COUNTY's expense. 3. CLOSURE OF EASEMENT AREA COUNTY reserves the right to close access to the Easement Area for reasonable periods of time to construct maintain and repair its landfill facilities. Any such closure shall be reviewed and approved by CITY, whose approval shall not be unreasonably withheld. In the event of an emergency such approval by CITY shall not be required, however, COUNTY shall notify CITY of such emergency closure. 4. PUBLIC USE CITY agrees to make recreational trail facilities in the Easement Area available to the general population of Orange County at all times that such facilities are open for use under the terms of this Easement Deed and Agreement. 5. HOLD HARMLESS (PMES5.1 N) CITY hereby waives all claims and recourse against COUNTY, its elected officials, officers, agents, and employees including the right of contribution for loss or damage or death of persons or property, including COUNTY, its elected officials, officers, agents, and employees, arising from, growing out of or in any way connected with or related to the Easement, the Easement Area or this Easement Deed and Agreement, except claims arising from the concurrent active or sole negligence of COUNTY, its officers, agents, and employees. CITY hereby agrees to indemnify, hold harmless, and defend COUNTY, its elected officials, officers, agents and employees, against any and all claims, loss, demands, damages, cost, expenses or liability for injury oY death to any persons or property, including COUNTY, its elected officials, officers, agents and employees, arising out of the use, operation or maintenance of the Easement Area, described herein by CITY, its employees, independent contractors and agents, or by any invitee, licensee, or other party expressly or impliedly permitted or invited by CITY to use the Easement Area (collectively "CITY Permittees'), and/or CITY's or CITY Permittees' exercise of the rights under this Easement Deed and Agreement, except for liability arising out of the concurrent active or sole 09-19-06 S1C Trail Fasemeot and Deed Agreement Los Mares.dm -2- 0 0 1 negligence of COUNTY, its officers, agents, and employees, including the cost of defense of any lawsuit arising therefrom. 3 If COUNTY is named as a co-defendant in a lawsuit, CITY shall notify COUNTY of such fact and 5 shall represent COUNTY in such legal action unless COUNTY undertakes to represent itself as co- defendant in such legal action, in which event CITY shall pay to COUNTY its litigation costs, 7 expenses and attorneys' fees. If judgment is entered against COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY and CITY, COUNTY 9 and CITY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. The indemnities provided by CITY in favor of the COUNTY in this 11 Easement Deed and Agreement shall not require payment as a condition precedent. 13 6. HAZARDOUS MATERIALS A. Definition of Hazardous Materials. For purposes of this Easement Deed and Agreement, the term 15 "Hazardous Material" or "Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or waste which is or shall become regulated by any governmental 17 entity, including, without limitation, the COUNTY acting in its governmental capacity, the State of California or the United States government. 19 B. Use of Hazardous Materials. CITY or CITY's employees, agents, independent contractors or 21 invitees (collectively "CITY's Permittees") shall not cause or permit any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, 23 from or about the Easement Area (which for purposes of this clause shall include the subsurface soil and ground water). Notwithstanding the foregoing, CITY may keep on or about the Easement Area 25 small quantities of Hazardous Materials that are used in the ordinary, customary and lawful cleaning of and business operations on the Easement Area. 27 C. CITY Obligations. If the presence of any Hazardous Materials on, under or about the Easement 29 Area caused or permitted by CITY or CITY's Permittees results in (i) injury to any person, (ii) injury to or contamination of the Easement Area (or a portion thereof), or (iii) injury to or contamination of any 31 real or personal property wherever situated, CITY, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the Easement Area to the condition existing prior to the 33 introduction of such Hazardous Materials to the Easement Area and to remedy or repair any such injury or contamination. Without limiting any other rights or remedies of COUNTY under this 35 Easement Deed and Agreement, CITY shall pay the cost of any cleanup or remedial work performed on, under, or about the Easement Area as required by this Easement Deed and Agreement or by 37 applicable laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or permitted by CITY or CITY's Permittees. Notwithstanding the 39 foregoing, CITY shall not take any remedial action in response to the presence, discharge or release, of any Hazardous Materials on, under or about the Easement Area caused or permitted by CITY or 41 CITY's Permittees, or enter into any settlement agreement, consent decree or other compromise with any governmental or quasi governmental entity without first obtaining the prior written consent of 43 COUNTY. All work performed or caused to be performed by CITY as provided for above shall be done in good and workmanlike manner and in compliance with plans, specifications, permits and 45 other requirements for such work approved by COUNTY. 47 D. Indemnification for Hazardous Materials. To the fullest extent permitted by law, CITY hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to COUNTY) 49 COUNTY, its elected officials, officers, employees, agents and independent contractors and the Easement Area, from and against any and all liabilities, losses, damages (including, but not limited, 51 damages for the loss or restriction on use of rentable or usable space or any amenity of the 09-19-06 . SJC Trail Easement and Deed Agreement Los Mares.dm -3- 3 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 51 9 0 Easement Area or damages arising from any adverse impact on marketing of the Easement Area), diminution in the value of the Easement Area, judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys' fees, disbursements and court costs and all other professional or consultant's expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Easement Area by CITY or CITY's Permittees. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean-up or detoxification of the Premises and the preparation of any closure or other required plans. REMOVAL AND/OR ABANDONMENT OF EASEMENT CITY agrees that in the event the purpose of this Easement is discontinued, or in the event the use of the Easement Area ceases for a period of more than one (1) year without written notice from CITY to COUNTY of the circumstances affecting such suspension and of CITY's intention to resume usage of the Easement Area, CITY shall, at no cost to COUNTY, within sixty (60) days after receipt of written notice from the Director, remove any portion of said facilities operated and/or maintained by CITY, and restore the Easement Area to the condition that existed prior to the original grant of this Easement to Director's satisfaction. In the event of such abandonment, CITY shall execute and record in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of the Easement from record title to COUNTY's real property. 8. GOVERNING LAW AND VENUE This Easement Deed and Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Easement Deed and Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. 9. DEFINITION OF "COUNTY" The term "COUNTY" shall mean the COUNTY OF ORANGE. Actions to be taken by COUNTY under this Easement Deed and Agreement shall be taken by the Board of Supervisors of the political body which executed this Easement Deed and Agreement or its representatives specifically authorized to take such actions under this Easement Deed and Agreement. 10. EXCEPTIONS AND RESERVATIONS COUNTY hereby reserves for itself and its successors and assigns, such surface and subsurface rights as will not interfere with or prohibit the complete use by CITY, its successors and assigns, of the rights and easement herein granted. COUNTY will not place or permit any building on the Easement Area or otherwise interfere with the full enjoyment by CITY of the easement hereby granted. This grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect the Easement Area and the use of the word "grant" herein shall not be construed as a covenant against the existence of any thereof. 09-19-06' SJC Trail Easement and Deed Agreement Los Mares.doc -4- 1 3 5 7 9 11 13 15 17 19 21 23 25 27 0 0 Nothing expressed or mentioned in this Easement Deed and Agreement is intended or shall be construed to give any person, other than the parties hereto and their respective successors and assigns, any legal or equitable right, remedy or claim under or in respect of this Easement Deed and Agreement or any provisions hereof being intended to be and being for the sole and exclusive benefit to the parties hereto and their successors and assigns described above, and for the benefit of no other person. 11. NOTICES All documents, correspondence, and communications concerning this Easement Deed and Agreement shall be directed as follows: ITO: COUNTY County of Orange Integrated Waste Management Department 320 North Flower Street, Suite 400 Santa Ana, CA 92703 Attention: Director TO: CITY City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Engineering and Building `12. ATTACHMENTS TO DOCUMENT This document includes the following, which is attached hereto and made a part hereof. 29 // 31 H 33 H 35 37 39 41 43 45 47 49 51 Exhibit A: Legal Description Exhibit B: Recreational Trail Easement Location 9-19-06 SIC Trail Easement Deed and Agreement Los Mares.doc -5- 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 51 E APPROVED AS TO FORM City Attorney By Date: APPROVED AS TO FORM County Counsel By Date: a i SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF TH BOARD 44C61 t12 DARL NE J. BLOOM Clerk of the Board of Supervisors of Orange County, California STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) 11011 CITY: CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By Title: David M. werdlin, Mayor Date 4 1100'7� ATTEST: M rg et R. Monahan, City Clerk COUNTY: COUNTY OF ORANGE, a body corporate and politic By Chairman of the Board of Supervisors ACKNOWLEDGMENT On (htba 200 before me,'& �W (11 I V WrWJ , a Notary Public in and for said County and State, personally appeared i-;o\161K persons known to me (or 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, and'that by his/her/their signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 09-19-06 SIC Tmil Easement and EUd Agreement Lo Ls. -6- 0 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 September 19, 2006, before me, Margaret R. Monahan, City Clerk, personally appeared David M. Swerdlinyersonally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) Capacity Claimed by Signers Mayor Title Signers are Representing City of San Juan Capistrano WITNESS my hand and official seal. R. Monahan, City Clerk OPTIONAL Description of Attached Document Easement Deed and Agreement EXHIBIT "A" LEGAL DESCRIPTION 1 THOSE PORTIONS OF THE LAND IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, 2 DESCRIBED AS FOLLOWS: 3 4 PARCEL 1: 5 6 A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE 7 FOLLOWING DESCRIBED CENTERLINE: 8 BEGINNING AT A 2" IRON PIPE TAGGED "RCE 14814" AT THE INTERSECTION OF THE 9 NORTHERLY END OF CAMINO DE LOS MARES AND THE NORTHERLY LINE OF TRACT NO. 10 14000 AS SHOWN ON THE MAP OF SAID TRACT FILED IN BOOK 681, PAGES 38-45 OF 11 MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 12 THENCE ALONG THE NORTHERLY LINE OF SAID TRACT SOUTH 85027'17" EAST 891.96 13 FEET (SHOWN AS SOUTH 85029'29" EAST 892.07' ON SAID MAP) TO A 2" IRON PIPE 14 TAGGED "LS 2210" AS SHOWN ON SAID MAP AT AN ANGLE POINT IN SAID NORTHERLY 15 LINE; THENCE NORTH 29030127" WEST 37.06 FEET TO THE TRUE POINT OF BEGINNING, 16 SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE NORTH EAST HAVING A 17 RADIUS OF 46.13 FEET, A RADIAL LINE TO WHICH BEARS NORTH 21023121" EAST; 18 THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 66012134 IT A LENGTH OF 19 53.30 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 20 193.32 FEET, A RADIAL LINE TO WHICH BEARS NORTH 87°55'50" EAST; THENCE ALONG 21 SAID CURVE THROUGH A CENTRAL ANGLE OF 18025'05" A LENGTH OF 62.14 FEET; 22 THENCE N 17057'18" EAST 96.21 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE 23 SOUTH EAST HAVING A RADIUS OF 348.95 FEET; THENCE ALONG SAID CURVE THROUGH A 24 CENTRAL ANGLE OF 10028145" A LENGTH OF 63.82 FEET; THENCE NORTH 28026'03" 25 C:\Documents and Settings\Mark Ware\My Documents\My Drawinga\CITY OF SAN MM CAPISTRANO\LOS MMES TRAIL\LOS MARES TMIL PHASE 2 'do Page 1 of 5 Last printed 0/la/3006 10:30 AM EXHIBIT "A" LEGAL DESCRIPTION 1 EAST 6.65 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH EAST HAVING A 2 RADIUS OF 138.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3 68043'56" A LENGTH OF 165.55 FEET; THENCE SOUTH 82050'02" EAST 92.32 FEET TO 4 THE BEGINNING OF A CURVE CONCAVE TO THE NORTH WEST HAVING A RADIUS OF 25.00 5 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 122052'56" A LENGTH 6 OF 53.62 FEET; THENCE NORTH 25042'58" WEST 33.27 FEET; THENCE NORTH 46°18'56" 7 WEST 108.10 FEET; THENCE NORTH 53022'00" WEST 126.24 FEET; THENCE NORTH 8 58037124" WEST 88.50 FEET; THENCE NORTH 64028128" WEST 78.44 FEET TO THE 9 BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 60.00 FEET; 10 THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 98°09'44" A LENGTH OF 11 102.80 FEET; THENCE NORTH 33041'16" EAST 53.15 FEET; THENCE NORTH 40054'44" 12 EAST 81.92 FEET; TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A 13 RADIUS OF 135.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14 44035'47" A LENGTH OF 105.08 FEET; THENCE NORTH 03041'02" WEST 51.61 FEET; 15 THENCE NORTH 36032'24" WEST 20.10 FEET; THENCE SOUTH 53027136" WEST 77.10 16 FEET; TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 17 150.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22018148" A 18 LENGTH OF 58.42 FEET; THENCE S75046'24" WEST 58.05 FEET TO A POINT 19 HEREINAFTER REFERRED TO AS "POINT A". 20 21 THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO MEET AT 22 ANGLE POINTS AND TO TERMINATE AT THE EASTERLY LINE OF PARCEL 2 AS DESCIRBED 23 HEREIN. 24 25 C:\Documents and Settings\Mark Ware\My Documents\My Drawings\CITY OF SAM JUAN CAPISTMNO\LOS NARES TRAIL\LOS MMES TMIL PHASE 2 ERA.doc Page 2 of 5 Last printed E/1E/2006 10:30 AN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT "A" LEGAL DESCRIPTION (PARCEL 2: BEGINNING AT A POINT HEREINBEFORE REFERRED TO AS "POINT A"; THENCE SOUTH 14013136" EAST 10.00'; THENCE SOUTH 77°26115" WEST 12.18 FEET; THENCE SOUTH 68006'15" WEST 31.85 FEET; TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH EAST HAVING A RADIUS OF 113.94 FEET, A RADIAL LINE TO WHICH BEARS NORTH 21022145" W; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14004'42" A LENGTH OF 28.00 FEET; THENCE SOUTH 55°57'14" WEST 43.41 FEET; THENCE SOUTH 52010'29" WEST 6.69 FEET; THENCE SOUTH 29°46'01" WEST 28.40 FEET; THENCE NORTH 60°21'51" WEST 68.99 FEET; THENCE NORTH 54022'30" WEST 45.09 FEET; THENCE NORTH 27036'41" WEST 21.77 FEET; THENCE NORTH 79029'45" WEST 51.13 FEET; THENCE NORTH 10030'15" EAST 10.00 FEET TO A POINT HEREINAFTER REFERRED TO AS "POINT B"; THENCE CONTINUING NORTH 10030'15" EAST 10.00 FEET; THENCE SOUTH 79029145" EAST 30.60 FEET; THENCE NORTH 62023119" EAST 17.80 FEET; THENCE SOUTH 27036'41" EAST 50.18 FEET; THENCE SOUTH 58007'24" EAST 34.33 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 137.74 FEET, A RADIAL LINE TO WHICH BEARS NORTH 43038'46" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47°46'24" A LENGTH OF 31.47 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 101.28 FEET, A RADIAL LINE TO WHICH BEARS NORTH 12026'47" WEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15029'50" A LENGTH OF 27.39 FEET; THENCE NORTH 56024'39" EAST 61.94 FEET; THENCE NORTH 53035'57" EAST 4.75 FEET; THENCE C:\Documents and Settings\Mark Ware\My Documents\My Oravings\CITY OF SAN MM CAPISTRANO\LOS MARES TRAIL\LOS MARES TRAIL PM E 2 M.do. Page 3 0[ 5 Last Printed 8/16/2006 10:30 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 EXHIBIT "A" LEGAL DESCRIPTION 0 NORTR 50007'29" EAST 56.09 FEET; THENCE SOUTH 42°05123" EAST 27.79 FEET; THENCE SOUTH 14013'36" EAST 10.00 FEET TO SAID "POINT A". (PARCEL 3: A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT HEREINBEFORE REFERRED TO AS "POINT B", SAID POINT BEING NORTH 88016'22" WEST 274.17 FEET FROM THE HEREINBEFORE DESCRIBED "POINT A"; THENCE N 79029'45" W 62.92 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 100.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20046'24" A LENGTH OF 36.26 FEET; THENCE S 79043'51" W 81.85 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 10.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60018'25" A LENGTH OF 10.53 FEET; THENCE N 39°57'44" W 38.69 FEET; TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH WEST HAVING A RADIUS OF 75.00 FEET; THENCE ALONG (SAID CURVE THROUGH A CENTRAL ANGLE OF 40016'23" A LENGTH OF 52.72 FEET; THENCE N 80014'07" W 268.60 FEET; THENCE N 75038'21" W 64.04 FEET; THENCE N 71011'47" W 37.87 FEET; THENCE N 75017'36" W 87.72 FEET; THENCE N 78020'53" W 85.70 FEET; THENCE N 74004'14" W 41.31 FEET; THENCE N 80042'23" W 84.18 FEET, MORE OR LESS, TO THE CENTERLINE OF THE EASEMENT DESCRIBED IN INSTRUMENT NO. 2004000402778 OF OFFICIAL RECORDS, RECORDED 05/07/2004 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. C:\Documents and Settings\Mark Naze\My Documents\My Drawings\CITY OF SAN .NAM CAPIETEAMO\LOS MARES TMIL\LOS MARES TMIL PNASE 2 EX .dOC Pago 4 Of 5 Last Printed 8/18/2006 10:30 AM 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT "A" LEGAL DESCRIPTION THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO MEET AT ANGLE POINTS, TO COMMENCE AT THE WESTERLY LINE OF PARCEL 2 AS DESCIRBED HEREIN, AND TO TERMINATE AT THE EASTERLY LINE OF SAID INSTRUMENT NO. 2004000402778. PREPARED BY: - A- ��g18o6 D. MARK WARE, P.L.S. 5031 MY LICENSE EXPISES: 12/31/07 EXP. 12-31-07 NO. 5031 ,( C:\Dr`naents and Settings\Mark Mare\My Docweents\My Drawings\CITY OF SAN JUAN CAPISTRAMO\LOS-MARES TRAIL\LOS MARES TRAIL PRASE 2 E .dor Page 5 of 5 Last printed 8/18/2006 10:30 AM M . EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION CURVE DATA CURVE RADIUS ARC LENGTH DELTA ANGLE Ct 46.13' 53.30' _F2.1 66'12'34 C2 193.32 -4' 18'25'05 C3 348.95 63.82 10'28'45" C4 138.00' 165.55' 68'43'56 C5 25.00' 53.62 122'52'56" C6 60.00' 102.80 98709'44 C7 135.00' 105.08' 44'35'47 C8 150.00' 58.42' 22'18'48 C9 113.94' 28 .00' 14'0 4'42" C1O 37.74 31.47 47'4624" Cit 101.28 27.39' 15'29'50" C12 100.00' 36.26' 20746'24' C13 10.00' 10.53' 60'18'25 C14 75.00' 52.72' _TF1 -623" [FOR EE PAGE 1 OF 2 SKETCH PREPARED BY: Ware Enterprises, Inc. 2109 Via Govilan San Clemente, CA 92673 Voice 949-661-9156 Fax: 949-366-9611 f1 LINE DATA LINE BEARING DISTANCE L1 N29'3O'27"W 37.06' L2 N17.57'18 E 96.21 L3 N28'26 03 E 6.65 5 N875002 92.32 L5 N25'42'58 33.27 L6 N46'18'56 108.10 L7 N53'22'O0 126.24 L8 I N58'37'24 88.50 L9 N64'28'28 78.44 L10 N33'41'16 E 53.15' L11 N4O'54'44"E -140-3-4102V 81.92 712 51.61 L13 N36'32'24 20.10 L14 N5,3'27 -36 T-- 77.10 L15 N75'46'24"E 58.05 L16 N77'26'1 5"E 12.18 L17 N68'06'15 E 31.85 1-18 N55'S7 14"E 43.41 L19 N52'1O29 E 6.69 L2O N29'46'01 "E 28.40' L21 N6O'21'51"W 68.99 L22 N54'22 30 45.09 L23 N2T36'41 21.77' L24 N79'29'45 51.13 L25 iT1 '3O'15'E 20.00 L26 N79'29'45"W 30.60' L27 N62'23'19"E 17.80' L28 N2T36'41 ---S0.18 L29 N58'O7 24'W 34.33 LSO N56'24'39"E 61.94' 131 N53'35'57"E 4.75' L32 N50'07'290E 56.09' L33 -N-42-0-5-'2-3-V- 27.79 1-34 N14'1336 10.00 L35 -N-7-9-2-97s62.92 736 N79'4351 "E 81.85' 1-37 09'S7'44"W 38,69' L38 -N-8-0--14-r0-7W- ----26-8-60r- 6860L39 --C3-9 N75'38'21 64.04 L4O1 N71-1147 37.87 1-41 N75*17'36"W 87.72 L42 N78'2O'S3V 85.70' L43 N74'O4'14"W 41.31 L44 1 N80 -42-23 W-'84.18 x$1806 D. MARK WARE P.L.S. 5031 EXP. DATE: 12-31-07 PAGE 2 OF 2 EXP. 12-31-07 NO. 5031 CAD9wrn M wd SettIMAMark Ware\My Doa tsft DMMNs\CIN OF SAN JUAN CAPISTRANO\LOS MARES TRAIL\LOS MARES TRAIL 2 IX B.Owg, 8/18/2006 10:34:25 AM, , \\mark\HP LaserJet 6Pa, Letts, 1:240, Ware FnW;xises, Inc 949 19156 O N n I } z Q az 00 0 � �a_y /� < FX e O W /� UZ W r' ''l^ �V W fY J 3 J Q z Z O a 3 z a a PREPARED BY: Ware Enterprises, Inc. 2109 Via Gavilan San Clemente, CA 92673 Voice 949-661-9156 Fax: 949-366-9611 W N • W Z�y fA a �'y Q N Co Ir QV ¢ P) a L O Oq4h Z w d i~ \ N N 012)0 aZ51� Z Z r Qac UN � N na V) } •I OOn zF-N O a0 N J Z N 4l N Q43 J Q 0 Ft W wN U UN M N Q C) I } z Q az 00 0 � �a_y /� < FX e O W /� UZ W r' ''l^ �V W fY J 3 J Q z Z O a 3 z a a PREPARED BY: Ware Enterprises, Inc. 2109 Via Gavilan San Clemente, CA 92673 Voice 949-661-9156 Fax: 949-366-9611 / -1 08 • W Z�y fA Q N Z ¢ N Nmw Oq4h W w i~ 0. 0 N 012)0 aZ51� Z Z r Qac UN � N Oj V) } •I OOn zF-N Ya'W N a0 N Z Z F pQ 4 Q43 N W wN Z UN Q V� / O, WaT- f sago tr fa N :J as c �� W2 / -1 08 O Z�y fA O > IO 012)0 1 Z 01 V) } •I �C. W w ZZ Q O, tr fa N :J �� N °° (V :Y: • Z I 0 = N 22 �; X Ia Cn N Z 1. m N U W O Wi{LL m a Co QZN I Owing — — y b 1w i I / / A 'q�-wu-"6"oG D. MARK ARE P.L.S. 5031 EXP. DATE: 12-31-07 i EXP. 12-31-07 N0. 5031 f 0 City of San Juan Capistrano Open Space •'ti 0 Located apprownately as shown hereon to the City of San Juan Capistrano, State of California, a strip of Iand for a recreational traff easement, 20 feet in width over an exist� road, witldn the land described in gent deeds to the County of Orange recorded in Book 11818, Pages 145-147 and in Book 11M Pagea 148-152 of OW" Records of Orange County, CabfmTda Prima Deshecha Landfill Recreational Trail Easement �$a Alignment ..r..� I.,....1.,..... Recreational Trail Easement Parcel PM 126-35 Refuse Disposal Station #26 Prima Deshecha Landfill E LEGEND MY ecueaull