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07-0417_SJD PARTNERS, LTD._Exchange of Easements Agra Memorandum: To: City Clerk From: City Attorney Re: Final Documents For Filing with City Clerk/ Three party Agreement [City, SJD Partners, Jerwel] Date: May 14, 2007 Escrow has now been closed with respect to the City/SJD/Jerwel Enterprises three party agreement. Escrow has now returned for filing with your office the following enclosed documents: -Original City of SJC lot line adjustment approval; -City Quitclaim Deed to Jerwel; -Jerwel Road Right of way Easement Deed to City; -Jerwel Road Storm Drain Easement Deed to City; -Jerwel Quitclaim Deed to City. These documents are to be filed with your office. I would appreciate it if you could make copies of all of these documents, and then transmit same to Sam Shoucair who may need them as construction work out at the site progresses. Thank you. Cc: Nasser Abbaszadeh Sam Shoucair 0 0 EXCHANGE OF EASEMENTS AGREEMENT This Agreement is made this 17"' day of April, 2007, by and between the City of San Juan Capistrano (hereinafter "City"), Jerwel Enterprises, a California general partnership, (hereinafter "Jerwel"), and SID Partners, Ltd., (hereinafter "SJD"). RECITALS: Whereas, SID has secured land use entitlements from City to construct a residential subdivision in the vicinity of Valle Road, and Whereas, said land use entitlements require SID to construct certain off-site public improvements including an access road and storm drain improvements in the vicinity of Valle Road in connection with the residential subdivision, and Whereas, it is necessary that said public improvements be located upon certain real property owned by Jerwel and more particularly described as Assessor's Parcel No. 666-301-11 ("the Jerwel Parcel"), and Whereas, the parties to this agreement wish to enter into an agreement for the purpose of allowing the construction of said public improvements on the Jerwel parcel under the below stated terms and conditions, Now, Therefore, the parties to this agreement mutually agree as follows: Section 1. Exchanee of Easements/Deeds. (a) Upon execution of this /Agreement, City agrees to process a quitclaim deed by which City will quitclaim a City owned easement area lying over the Jerwel Parcel, which easement was previously acquired from Jerwel. The easement to be quitclaimed shall be that area lying over the entire Jerwel parcel, excepting that easement area which has subsequently been utilized for the construction of road widening improvements on Valle Road by SJD/City. Upon City execution of the quitclaim deed, City will then deposit the deed in escrow as provided below. (b) Jerwel agrees to execute new easement deeds/ and or Grant deeds conveying rights to City so as to allow the construction of a storm drain line down the center of the Jerwel parcel; certain road work referred to as Road A connecting to Valle Road on the southern portion of the parcel; and right of way/ storm drain utility facility on the North side of the parcel; and a strip of land bordering Valle Road utilized by City as widening of Valle Road, all shown on the site plan, attached as Exhibit A, and incorporated herein by reference. (c) Jerwel agrees to execute a temporary construction license agreement for a period of time to and including the City's acceptance of completion of the work described in subsection (b) over all of Lot I and AP 666-301-11 all in accordance with SJD's construction plans previously approved and on file with the City of San Juan Capistrano building department. (d) SJD agrees to convey access easement rights to Jerwel over those parcels shown on Exhibit A. SJD agrees that its engineers shall prepare all required easement descriptions to complete the escrow process. Section 2. Lot I. Upon execution of this Agreement, SJD, owner of Lot I abutting the Jerwel Parcel, agrees to make application to the City's Planning Department for a lot line adjustment for the purpose of adding approximately seven -tenths of land area comprising a portion of Lot I [ that is, all of Lot I, excluding "C" Street] to the Jerwel Parcel. City agrees to receive the application and process it in accordance with Government Code section 66412(d) and Municipal Code sections 9-4.113 and 9-2.329. SJD engineers shall prepare the legal description to be attached to the Grant Deed required to complete the lot line adjustment process. SJD shall pay two hundred forty thousand dollars to City towards City's open space acquisition efforts in consideration for the lot line adjustment process. These funds shall be due at such time as the escrow process closes with the recording of easement documents. Section 3. Escrow Process. (a) The escrow shall be established with Fidelity National Title Company, Newport Beach. Costs of the escrow process will be split evenly three ways. SID shall bear the full cost of the title policy guarantee. The order of recordation of the real property documents will be determined by the escrow company. Close of escrow is contingent only upon submission of the required real property documents [that is, required grant and easement deeds and lot line adjustment, payment of escrow fees, section 2 payment, and release agreement described in section 4; (b) If the condition of title to the Lot I property has not been made acceptable to Jerwel in writing with 10 days from date of execution of this Agreement, then this agreement and the escrow process shall automatically terminate after the tenth day, unless the escrow is otherwise extended by written mutual agreement of the parties. Section 4. Release Agreement. A standard mutual release agreement acceptable to SJD and City shall be executed by Jerwel releasing and waiving all claims and rights with respect to any theories or causes of action that were or could have been raised in Superior Court action # 06CC12902 as to SID and City, or with respect to any theories or causes of action arising out of City's prior rezoning actions affecting the Jerwel Parcel. The release agreement shall be submitted into escrow along with the Jerwel Grant Deed. Section 5. Timing Of SJD/City Public Improvements Construction. SID may begin construction of the public improvements set forth in Exhibit A upon execution of the temporary construction license agreement and completion of the escrow process. Section 6. Jerwel Parcel. The Jerwel parcel, including lot line adjustment area discussed above, bears a General Plan designation of "Planned Community". Jerwel 0 0 agrees and understands that any proposed future development of this described property will require the normal City rezoning application and approval process; and that the close of escrow [that is, the exchange of easements and lot line adjustment deed and release agreement] is not contingent upon any future rezoning application and legislative determination process. The City further represents that: a) the consideration of two hundred forty thousand dollars set forth at Section 2 above is to eliminate the need for open space designation for Lot I, final tract map 16747 with respect to the portion of Lot I to be deeded to Jerwel under the lot line adjustment process; b) the Jerwel parcel as enlarged by the lot line adjustment is suitable for development, e.g., commercial uses; c) that the original configuration of the Jerwel parcel was originally zoned Growth Management, and later to Open Space, both of which the parties treat as holding zones pending the rezoning process referred to herein. Section 7. Time of Essence. Time is of the essence in the performance of this Agreement. Section 8. Fees and Costs. Each party will pay its own attorney fees and costs related to this transaction. Section 9. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect to the matters covered hereby, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. Section 10. Notices. Any notice given under this Agreement may be sent by Fax Transmission and first class U.S. mail as follows: To City: City of San Juan Capistrano John Shaw, City Attorney 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 To Jerwel Enterprises: Attn: Ronald Steinbach, Esq. 2212 Dupont Dr., Suite Q Irvine, Ca. 92612 To SJD Partners: Ted Donohue, Esq. Voss, Cook, & Thel 895 Dove Street, Suite 450 Newport Beach, Ca. 92660 Section 11. Authority to Sign. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Agreement and additional documents described in this Agreement, and that such execution is bindings upon the entity for which he or she is executing this document. In Witness Whereof, these parties have executed this Agreement on the day and year shown above. Monahan, City Clerk Ap r ed To form: John R. Shaw, City Attorney City of S Juan Capistrano By:.A am Allevato, Mayor SJD Partners, LTD. By: Bruce FOW 4 5 � • _ E� I, i� i" Yf,'s�! i �! � �� •R'{ �j :h9 � +�jo+ Y;'t'-Il- f i 1 ° - • r � !p seyl ; I,. , N ;s a ,+.,I Iff I U \ • e� eqP egif ug e7t je,,� eFe.+ a�jj., q}3A 1 1 tt .. RP ,fill, !a 31 Q 4°i i5e ifi , i•e0 ri e� i e e e rL dF d y li. go HE E#B 6iik ill 1� �'1 SII !i 4i:l!+€! o m >5r+ Z a w �-N-co j- i a i *s F LU cr X o r .�� I� X 0 o m 9 cc CL 'Ale CC O � d< O ( W O \ W 6 i a < y J I ; E i ESI ��VA_\� • ". ��,����-� �''ad�stid�a � � +�,/ v / • Memo: To: Meg Monahan From: John Shaw 11 Re: Original Exchange of Easements Agreement/ Back for Your Files Date: May 11, 2007 Escrow has now returned the original "Exchange of Easements Agreement' on the JerweVSJD/ City matter. This would go back into your filing system. Thanks. y-17-6% TRANSMITTAL April 19, 2007 TO: John Shaw, City Attorney FROM: Meg Monahan, City Clerk SUBJECT: Exchange of easement agreement — Jewrell & SJD Attached — (1) original, executed agreement as noted. Please obtain signatures of Jerwell and SJD representatives and forward the executed agreement to my attention. Thank you, 0 SUPPLEMENTARY AGENDA REPORT TO: Dave Adams, City Manager FROM: John Shaw, City Attorney 0 0 0' O 4/17/2007 D8 SUBJECT: Exchange of Easements Agreement (Jerwel Enterprises) — City Council Agenda Item # D-8 The attached Exchange of Easements Agreement with attached site Plan, Exhibit A, replaces the prior agreement submitted to the Council under separate sheet on Monday. i R. Shaw, Attorney Attached: Exchange of Easements Agreement EXCHANGE OF EASEMENTS AGREEMENT This Agreement is made this 17"' day of April, 2007, by and between the City of San Juan Capistrano (hereinafter "City"), Jerwel Enterprises, a California general partnership, (hereinafter ,Jerwel"), and SJD Partners, Ltd., (hereinafter "SJD"). RECITALS: Whereas, SJD has secured land use entitlements from City to construct a residential subdivision in the vicinity of Valle Road, and Whereas, said land use entitlements require SJD to construct certain off-site public improvements including an access road and storm drain improvements in the vicinity of Valle Road in connection with the residential subdivision, and Whereas, it is necessary that said public improvements be located upon certain real property owned by Jerwel and more particularly described as Assessor's Parcel No. 666-301-11 ("the Jerwel Parcel"), and Whereas, the parties to this agreement wish to enter into an agreement for the purpose of allowing the construction of said public improvements on the Jerwel parcel under the below stated terms and conditions, Now, Therefore, the parties to this agreement mutually agree as follows: Section 1 Exchange of Easements/Deeds. (a) Upon execution of this Agreement, City agrees to process a quitclaim deed by which City will quitclaim a City owned easement area lying over the Jerwel Parcel, which easement was previously acquired from Jerwel. The easement to be quitclaimed shall be that area lying over the entire Jerwel parcel, excepting that easement area which has subsequently been utilized for the construction of road widening improvements on Valle Road by SJD/City. Upon City execution of the quitclaim deed, City will then deposit the deed in escrow as provided below. (b) Jerwel agrees to execute new easement deeds/ and or Grant deeds conveying rights to City so as to allow the construction of a storm drain line down the center of the Jerwel parcel; certain road work referred to as Road A connecting to Valle Road on the southern portion of the parcel; and right of way/ storm drain utility facility on the North side of the parcel; and a strip of land bordering Valle Road utilized by City as widening of Valle Road, all shown on the site plan, attached as Exhibit A, and incorporated herein by reference. (c) Jerwel agrees to execute a temporary construction license agreement for a period of time to and including the City's acceptance of completion of the work described in subsection (b) over all of Lot I and AP 666-301-11 all in accordance with SJD's n U U construction plans previously approved and on file with the City of San Juan Capistrano building department (d) SJD agrees to convey access easement rights to Jerwel over those parcels shown on Exhibit A. SJD agrees that its engineers shall prepare all required easement descriptions to complete the escrow process. Section 2. Lot I. Upon execution of this Agreement, SID, owner of Lot I abutting the Jerwel Parcel, agrees to make application to the City's Planning Department for a lot line adjustment for the purpose of adding approximately seven -tenths of land area comprising a portion of Lot I [ that is, all of Lot I, excluding "C" Street} to the Jerwel Parcel. City agrees to receive the application and process it in accordance with Government Code section 66412(d) and Municipal Code sections 9-4.113 and 9-2.329. SJD engineers shall prepare the legal description to be attached to the Grant Deed required to complete the lot line adjustment process. SJD shall pay two hundred forty thousand dollars to City towards City's open space acquisition efforts in consideration for the lot line adjustment process. These funds shall be due at such time as the escrow process closes with the recording of easement documents. Section 3. Escrow Process. (a) The escrow shall be established with Fidelity National Title Company, Newport Beach. Costs of the escrow process will be split evenly three ways. SJD shall bear the full cost of the title policy guarantee. The order of recordation of the real property documents will be determined by the escrow company. Close of escrow is contingent only upon submission of the required real property documents [that is, required grant and easement deeds and lot line adjustment, payment of escrow fees, section 2 payment, and release agreement described in section 4; (b) If the condition of title to the Lot I property has not been made acceptable to Jerwel in writing with 10 days from date of execution of this Agreement, then this agreement and the escrow process shall automatically terminate after the tenth day, unless the escrow is otherwise extended by written mutual agreement of the parties. Section 4. Release Agreement. A standard mutual release agreement acceptable to SJD and City shall be executed by Jerwel releasing and waiving all claims and rights with respect to any theories or causes of action that were or could have been raised in Superior Court action # 06CC12902 as to SJD and City, or with respect to any theories or causes of action arising out of City's prior rezoning actions affecting the Jerwel Parcel. The release agreement shall be submitted into escrow along with the Jerwel Grant Deed. Section S. Timing Of SJD/City Public Improvements Construction. SJD may begin construction of the public improvements set forth in Exhibit A upon execution of the temporary construction license agreement and completion of the escrow process. Section 6. Jerwel Parcel. The Jerwel parcel, including lot line adjustment area discussed above, bears a General Plan designation of "Planned Community". Jerwel 0 0 agrees and understands that any proposed future development of this described property will require the normal City rezoning "application and approval process; and that the close of escrow [that is, the exchanged easements and lot line adjustment deed and release agreement) is not contingent upon any future rezoning application and legislative determination process. The City finther represents that: a) the consideration of two hundred forty thousand dollars set forth at Section 2 above is to eliminate the need for open space designation for Lot I, final tract map 16747 with respect to the portion of Lot I to be deeded to Jerwel under the lot line adjustment process; b) the Jerwel parcel as enlarged by the lot line adjustment is suitable for development, e.g., commercial uses; c) that the original configuration of the Jerwel parcel was originally zoned Growth Management, and later to Open Space, both of which the parties treat as holding zones pending the rezoning process referred to herein. Section 7. Time of Essence. Time is of the essence in the performance of this Agreement. Section 8. Fees and Costs. Each party will pay its own attorney feesand costs related to this transaction. Section 9. Entire Agreement: This Agreement contains the entire Agreement of the parties hereto with respect to the matters covered hereby, and no other previous Agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. Section 10. Notices. Any notice given under this Agreement may be sent by Fax Transmission and fust class O.S. mail as follows: To City: City of San Juan Capistrano John Shaw, City Attorney 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 To Jerwel Enterprises- Attn: Ronald Steinbach, Esq. 2212 Dupont Dr., Suite Q Irvine, Ca. 92612 To SJD Partners: Ted Donohue, Esq. Voss, Cook, & Thel 895 Dove Street, Suite 450 Newport Beach, Ca. 92660 Section 11. Authority to Sign. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Agreement and additional C� 0 documents described in this Agreement, and that such execution is bindings upon the entity for which he or she is executing this document_ In Witness Whereof, these parties have executed this Agreement on the day and year shown above. City of San Juan Capistrano By: Sam Allevato, Mayor Attest: Meg Monahan, City Clerk Appr ed To form: Jo R. Shaw, City Attomey SJD Partners, LTD. By: Bruce Elieff Jerwel Enterprises °z b ® Is s;t�i�se� e!:IL 00 ® 09 6 ®® O 6 ®O ®® ® m > 3 w a -r h a-- 55 i wm 0 o 7 a i s 6 R LL -W I LL ' 6 4 i 0 i ------------- LU W m CC �� o o Q» 1 X ° ►1J 8 w m \ ni U d �ZO 11J 10 ` '••"' a ` W o a b \ �0 61 Y..= oma\ LL <\\ \\ \ / 6i \ VY,by ` O \\ oObyo� / \ \\ 414 ©; �P o 0 • • 4/17/2007 D8 AGENDA REPORT TO: Dave Adams, City Manager FROM: John R. Shaw, City Attorney SUBJECT: Exchange of Easements Agreement (Jerwel Enterprises) RECOMMENDATION: i By motion, (1) approve exchange of easements agreement, and (2) adopt a resolution approving city quitclaim deed, and an accepting Jerwel easement and grant deeds, and authorize the City Manager to execute the applicable real property documents as attached, or those in substantially similar form to complete the escrow process. BACKGROUND: Some years ago, the City of San Juan Capistrano acquired easements rights from the owner (Jerwel Enterprises) of Assessor's Parcel No. 666-301-11, a one acre parcel bordering Valle Road, for the purpose of constructing road widening improvements on Valle Road. The road widening work was a condition to the development of the Suncal project and was accomplished at the expense of the Suncal developer. Due to a change in circumstances involving the City's request for realignment of Road "A" which will now provide access to the Suncal project from Valle Road, it is necessary that Suncal place Road A (a public road) on the southern portion of this parcel. In addition, there is a need to construct a public storm drain line on the parcel. (See site plan) An agreement between the parties has been worked out to accommodate the construction of these improvements to cover the key real property exchange of easement matters as follows: the property owner will convey new, additional easement and fee title rights to City to provide for the placement of these public facilities. City will quitclaim its existing easement rights over the parcel. A portion of Lot I, owned by the Suncal developer adjoining AP No. 666-301-11, will be deeded to the owner to account for the loss of the easement area to be deeded to the City. A payment of 240,000 thousand dollars will be paid to the City as a part of the process. Suncal will bear the full cost of constructing the subject road and infrastructure improvements. RECOMAMNDATION: By motion, (1) approve exchange of easements agreement, and (2) adopt a resolution approving city quitclaim deed, and accepting Jerwel easement and grant deeds, and authorize the City Manager to execute the applicable real property documents as attached, or those in substantially similar form to complete the escrow process. Resvectfully miffed, *ity Shaw, orney Attachments: Exchange of Easements Agreement Resolution Approving and Accepting Deeds EXCHANGE OF EASEMENTS AGREEMENT This Agreement is made this 17" day of April, 2007, by and between the City of San Juan Capistrano (hereinafter "City"), Jerwel Enterprises, a California general partnership, (hereinafter "Jerwel"), and SJD Partners, Ltd., (hereinafter "SJD"). RECITALS: Whereas, SJD has secured land use entitlements from City to construct a residential subdivision in the vicinity of Valle Road, and Whereas, said land use entitlements require SJD to construct certain off-site public improvements including an access road and storm drain improvements in the vicinity of Valle Road in connection with the residential subdivision, and Whereas, it is necessary that said public improvements be located upon certain real property owned by Jerwel and more particularly described as Assessor's Parcel No. 666-301-11 ("the Jerwel Parcel"), and Whereas, the parties to this agreement wish to enter into an agreement for the purpose of allowing the construction of said public improvements on the Jerwel parcel under the below stated terms and conditions, Now, Therefore, the parties to this agreement mutually agree as follows: Section 1. Exchange of Easements/Deeds. (a) Upon execution of this Agreement, City agrees to process a quitclaim deed by which City will quitclaim a City owned easement area lying over the Jerwel Parcel, which easement was previously acquired from Jerwel. The easement to be quitclaimed shall be that area lying over the entire Jerwel parcel, excepting that easement area which has subsequently been utilized for the construction of road widening improvements on Valle Road by SJD/City. Upon City execution of the quitclaim deed, City will then deposit the deed in escrow as provided below. (b) Jerwel agrees to execute new easement deeds/ and or Grant deeds conveying rights to City so as to allow the construction of a storm drain line down the center of the Jerwel parcel; certain road work referred to as Road A connecting to Valle Road on the southern portion of the parcel; and right of way/ storm drain utility facility on the North side of the parcel; and a strip of land bordering Valle Road utilized by City as widening of Valle Road, all shown on the site plan, attached as Exhibit A, and incorporated herein by reference. (c) Jerwel agrees to execute a temporary construction license agreement for a period of time to and including the City's acceptance of completion of the work described in subsection (b) over all of Lot I and AP 666-301-11 all in accordance with SJD's 0 0 in subsection (b) over all of Lot I and AP 666-301-11 all in accordance with SJD's construction plans previously approved and on file with the City of San Juan Capistrano building department. (d) SJD agrees to convey access easement rights to Jerwel over those parcels shown on Exhibit A. SJD agrees that its engineers shall prepare all required easement descriptions to complete the escrow process. Section 2. Lot I. Upon execution of this Agreement, SJD, owner of Lot I abutting the Jerwel Parcel, agrees to make application to the City's Planning Department for a lot line adjustment for the purpose of adding approximately seven -tenths of land area comprising a portion of Lot I [ that is, all of Lot I, excluding "C" Street] to the Jerwel Parcel. City agrees to receive the application and process it in accordance with Government Code section 66412(d) and Municipal Code sections 94.113 and 9-2.329. SJD engineers shall prepare the legal description to be attached to the Grant Deed required to complete the lot line adjustment process. SJD shall pay two hundred forty thousand dollars to City towards City's open space acquisition efforts in consideration for the lot line adjustment process. These funds shall be due at such time as the escrow process closes with the recording of easement documents. Section 3. Escrow Process. The escrow shall be established with Fidelity National Title Company, Newport Beach. Costs of the escrow process will be split evenly three ways. SJD shall bear the full cost of the title policy guarantee. The order of recordation of the real property documents will be determined by the escrow company. Close of escrow is contingent only upon submission of the required real property documents [that is, required grant and easement deeds and lot line adjustment, payment of escrow fees, section 2 payment, and release agreement described in section 4. Section 4. Release Agreement. A standard mutual release agreement acceptable to SJD and City shall be executed by Jerwel releasing and waiving all claims and rights with respect to any theories or causes of action that were or could have been raised in Superior Court action # 06CC12902 as to SJD and City, or with respect to any theories or causes of action arising out of City's prior rezoning actions affecting the Jerwel Parcel. The release agreement shall be submitted into escrow along with the Jerwel Grant Deed. Section 5. Timing Of SJD/City Public Improvements Construction. SJD may begin construction of the public improvements set forth in Exhibit A upon execution of the temporary construction license agreement described in section 1(c ) of this agreement. Section 6. Jerwel Parcel. The Jerwel parcel, including lot line adjustment area discussed above, bears a General Plan designation of "Planned Community". Jerwel agrees and understands that any proposed future development of this described property will require the normal City rezoning application and approval process; and that the close of escrow [that is, the exchange of easements and lot line adjustment deed and release agreement] is not contingent upon any future rezoning application and legislative determination process. The City further represents that: a) the consideration of two hundred forty thousand dollars set forth at Section 2 above is to eliminate the need for open space designation for Lot 1, final tract map 16747 with respect to the portion of Lot I to be deeded to Jerwel under the lot line adjustment process; b) the Jerwel parcel as enlarged by the lot line adjustment is suitable for development in accordance with the City's General Plan; c) that the original configuration of the Jerwel parcel was originally zoned Growth Management, and later to Open Space, both of which the parties treat as holding zones pending the rezoning process referred to herein. Section 7. Time of Essence. Time is of the essence in the performance of this Agreement. Section 8. Fees and Costs. Each party will pay its own attorney fees and costs related to this transaction. Section 9. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect to the matters covered hereby, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. , Section 10. Notices. Any notice given under this Agreement may be sent by Fax Transmission and first class U.S. mail as follows: To City: City of San Juan Capistrano John Shaw, City Attorney 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 To Jerwel Enterprises: Attn: Ronald Steinbach, Esq. 2212 Dupont Dr., Suite Q Irvine, Ca. 92612 To SJD Partners: Ted Donohue, Esq. Voss, Cook, & Thel 895 Dove Street, Suite 450 Newport Beach, Ca. 92660 Section 11. Authority to Sign. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Agreement and additional documents described in this Agreement, and that such execution is bindings upon the entity for which he or she is executing this document. r -j L-A 0 In Witness Whereof, these parties have executed this Agreement on the day and year shown above. City of San Juan Capistrano By: Sam Allevato, Mayor Attest: Meg Monahan, City Clerk Aprov s form: John R. haw, City Attorney SJD Partners, LTD. By: Bruce Elieff Jerwel Enterprises A T o �c HUM IT a a a \moo x - hoz of W Y / v II 5 _ E f 441 j+II It ®4 ` Eli Epp gpg 5p [pE ®® ®® O© ©ggOe® iOiO gO 419i95® © ®O A�liITil :e gol Eie lip A11a;a�'ill Im lop i'v gliz p# Age D-li! If.:,i" . =ga i :€ 1g a ! 4181 gill i will 4111 6A F1: 341 6lA x, of i€A I t 41° PE !ll 1sv !° 3�!� igea R � 1 g 1F1� � 0 9 RESOLUTION NO. 07-04-17-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN EASEMENT QUITCLAIM DEED RELATING TO ASSESSOR'S PARCEL NO. 666-301-11 AND ACCEPTING JERWEL EASEMENT AND GRANT DEEDS THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY RESOLVES TO: a) Approve that certain quitclaim deed attached hereto as attachment 1 quitclaiming city owned easement rights with respect to that certain parcel referred to as Assessor's Parcel No. 666-301-11, consisting of approximately one acre located adjacent to Valle Road in the City of San Juan Capistrano, or other deed instrument in substantially the same form; and b) Accept the Easement and Grant Deeds attached hereto as attachment 2 and 3 respectively, from Jerwel Enterprises, or other deed forms in substantially similar form thereto. - The City Manager is authorized to execute applicable deeds as noted above, including any other escrow documents required to complete escrow. PASSED, APPROVED, AND ADOPTED th' 17th day of April, 2007. 'SAM ALLEVATO, MAYOR ATTEST: R. MONAHAN, CITY CLERK Page 1 of 2 04/17/2007 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 07-04-17-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 17"' day of April 2007, by the following vote: AYES: COUNCIL MEMBERS: Nielsen, Uso, Hribar, Soto and Mayor Allevato NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None R. MONAHAN, City.Clerk Page 2 of 2 04/17/2007 0 Recording Requested by and When Record Mail to: City of San Juan Capistrano, Ca, Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 0 [Exempt from Recording Fees/G.C. Sec. 6103] QUITCLAIM DEED FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, the City of San Juan Capistrano, a municipal corporation, hereby remises, releases, and quitclaims to Jerwel Enterprises, a California Partnership, that certain easement entitled "Construction and Slope easement" acquired by Final Order of Condemnation, dated September 17, 2002, said easement more particularly described and set forth in Exhibit A, attached and incorporated herein by reference. Dated: '2007. City of San Juan Capistrano Attest: Meg Monahan, City Clerk Approved as form: John R, Shaw, City Attorney Acknowledgement Attachment 1 By: Sam Allevato, Mayor Pi Pi P1 M w LEGAL DESCRIPTION FOR CONSTRUCTION AND SLOPE EASEMENT "hose portions of Lots 5 and 8 of a Record of Survey in the City of'San loan Capistrano. Countyo(Orange, State of California, as shown on a map filed in Book 4. Page 15 o(Reeord of Sursc» in the office of the County Recorder of said County, described ss follows: Beginning at the Southerly terminus of the course shown as Delta s 38°4322,'R>91' and 1.= 61.50' along the Southeasterly line of Parcel I of relinquishment No. 722 recorded March 3i. 1970 in Book 9252. Page 371 ofofficial Records, a radial line to said terminus bears South 86°17'24" West; thence Northerly 61..50 feet along said Southeasterly line through a central angle of 38°4322"; thence tangent from said eurvc, North 35°00'46""East .652.47 feei along said Southeasterly line to the Northwesterly prolongation of the course shown as "N53'30'22"W 301.83'"along the boundary of Record of Survey No.89-1079 as shown on a map filed in Book 123. Pages 34 through 36, inclusive, of said Record of Survey, thence along said prolongation, Suuth 53°30'22" East 1 1.09 feet to the Northwesterly terminus of said course, thence along the boundary or said Records of Survey the following courses: South 14052'08" West 346.84 feet. South 56°3218- Kbit 292.%6 feet and South 36436'45" West 111.19 feet to the Point or Beginning. As shown on E.%hibn 'B" 9tiached hereto and bylhis reference made a part hereof. r� License Expires: December 31, 1949 Rory S. WiBiat EXP. 1201M No. 6654 April7. 1998 Page I of I W.0.1890.14196X HSA Legal No. 4520 Prepared 0y: 11. F9as CICd Hy. R. V. Edeeal City of San Juan Capistrano Date of Value: December 19, 2006 Ai'iV-666-301-11 (jenvel Enterprises) . O-EXHIE31T "Bn , 0 Skeft .0 Accompimy Legal D91c'ri7)tiGn I 6i HUNSAKEI( & ASSOCIATES EASEMENT i A � I FOR CONSTRUCTION ANO SLOPE PURPOSES VTr OF SAN NAN CAP*TPANa OF C "" OF OF"GE STATE OF CALWM� H. FQ55 �,:, V. Edge SCALE.: 1"-100* W.a 1890-14195X :-278-38AD45201 H&A LEGAL NO. 4520 SHEET I OF 1 City of San Juan Capistrano Date of Value: December 19, 2006 AIIN 666-301-11 (Jerwel Enterprises) 0 0 Recording Requested by and When Recorded Mail to: City of San Juan Capistrano, Ca. Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 from Recording Fees/G.C.see. 6103] EASEMENT DEED FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, Jerwel Enterprises, a California Partnership, hereby grants and demises to the City of San Juan Capistrano, a municipal corporation, a easement for the purpose of constructing and maintaining a storm drain pipe line, and related appurtenances, over Assessor's Parcel No. 666-301-11, as more particularly described in Exhibit A, attached and incorporated herein by reference. Dated: 12007. Jerwel Enterprises, a California Partnership M Attachment 2 1 Recording Requested by and When Recorded Mail to: City of San Juan Capistrano, Ca. Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 [Exempt from Recording Fees/G.C. sec. 6103] GRANT DEED FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, Jerwel Enterprises, a California Partnership, fee title owner of Assessor's Parcel No. 666-301-01, hereby grants and demises to the City of San Juan Capistrano, a municipal corporation, fee title to that real property, more particularly described in Exhibit A, attached and incorporated herein by reference. Dated: 2007 Jerwel Enterprises, a California Partnership Attachment 3