07-0503_JERWEL ENTERPRISES_Exchange of Easements Agreement 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
WHEN RECORDED MAIL TO:
Ronald D. Steinbach
Attorney at Law
2212 Dupont Drive, Suite Q
Irvine, CA 92612-1525
RELEASE
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF
SAN JUAN CAPISTRANO hereby releases and forever discharges JERWEL ENTERPRISES, a
California general partnership, and the real property in the City of San Juan Capistrano, County of
Orange, State of California, described on Exhibit A attached hereto, and the title thereto,from all claims,
demands, actions, suits, controversies, causes of action, damages, debts, agreements, contracts,
covenants, representations,warranties, liabilities, accounts, costs, expenses and liens, which are in any
manner related to or connected with the following described agreements:
A. Matters contained in that certain document entitled Memorandum dated May 5, 1997,
executed by and between Neely Family Trust of March 3, 1978 and Pacific Point Partners, L.P.,a
California limited partnership recorded June 25, 1997, Instrument No. 97-292958, of Official
Records.
B. Matters contained in that certain document entitled Improvement and Reimbursement
Agreement [date none shown] executed by and between The City of San Capistrano and SJD
Partners, Ltd., a California limited partnership recorded August 9, 1999, Instrument No. 1999-
581258, of Official Records.
C. An instrument entitled Amendment to Improvement and Reimbursement Agreement
recorded November 28, 2005 as Instrument/File No. 2005000945594 of Official Records.
D. Matters contained in that certain document entitled Agreement Establishing Soils Subsidence
Remediation Progro, dated November 1, 2005, execullby and between SJD Partners,
Ltd, Pacifica San Juan Community Association and the City of San Juan Capistrano recorded
November 9, 2005, Instrument N o. 2006000725670 of Official Records.
E. An Instrument entitled "Subdivision Improvement Agreement", recorded October 27, 2006, as
Instrument/File No. 2006000725670.
Dated: May 3, 2007 City of San Juan Capistrano
By: & 4
David F. Adams, City Manager
Attest:
i eg Monahan, City Clerk
I
Ap roved as to form:
Jo n R. Shaw, City Attorney
• • Policy No.
LEGAL DESCRIPTION
EXHIBIT"A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN JUAN CAPISTRANO,COUNTY
OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 1, AS SHOWN ON EXHIBIT"B", OF LOT LINE ADJUSTMENT NO. LL-2007- IN THE CITY
OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED
AS INSTRUMENT NO. OF OFFICIAL
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THE LAND
DESCRIBED IN TRUSTEE?S DEED RECORDED ON MARCH 31, 1978 IN BOOK 12618,PAGE 1931 OF OFFICIAL
RECORDS OF SAID COUNTY,TOGETHER WITH LOT I OF TRACT NO. 16747 AS PER MAP FILED IN BOOK 885,
PAGES 10 THROUGH 18, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHERLY CORNER OF SAID LOT I;THENCE ALONG THE NORTHEASTERLY LINE OF
SAID LOT SOUTH 53031?43?EAST 279.92 FEETTO THE EAST CORNER OF SAID LOT;THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LOT SOUTH 3628?17? WEST 47.00 FEET A LINE PARALLEL WITH AND
47.00 FEET SOUTHWEST OF SAID NORTHEASTERLY LINE; THENCE ALONG SAID PARALLEL LINE NORTH
53031?43?WEST 269.87 FEET;THENCE SOUTH 80044?51?WEST 22.36 FEET;THENCE NORTH 54°58?35?
WEST 3.80 FEET TO THE NORTHWESTERLY LINE OF SAID LAND DESCRIBED IN SAID TRUSTEE?S DEED;
THENCE ALONG SAID LINE NORTH 35001?25? EAST 92.65 FEET TO THE NORTH CORNER OF SAID LAND;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND SOUTH 14051?01?WEST 31.75 FEET TO THE
POINT OF BEGINNING.
EXCEPT THEREFROM THE WATER RIGHTS INCLUDED WITHIN OR APPURTENANT TO THE LAND, AS
DEDICATED TO THE CITY OF SAN JUAN CAPISTRANO ON THE MAP OF TRACT NO. 16747.
PARCEL B:
NON-EXCLUSIVE EASEMENTS FOR ACCESS, INGRESS AND EGRESS, AS SET FORTH IN THAT CERTAIN
. RECORDED AS INSTRUMENT NO.
OF OFFICIAL RECORDS, UPON THE TERMS,COVENANTS AND CONDITIONS
CONTAINED THEREIN.
APN: A portion of 666-301-13
2
ALTA Ownc's Poky(6/17/06)
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 May 3, 2007 before me, Margaret R. Monahan, City Clerk, personally appeared
David F.Adams,City Manager,personally known to me to be the person whose name is subscribed
to the within instrument and acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
(SEAL)
WITNESS my hand and official seal.
Mar et R. Monahan, City Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
City Manager Release—Jerwel Enterprises
Title
Signers are Representing
City of San Juan Capistrano
4/17/2007
SUPPLEMENTARY AGENDA REPORT D8
TO: Dave Adams, City Manager
FROM: John Shaw, City Attorney
SUBJECT: Exchange of Easements Agreement (Jerwel Enterprises) — City Council
Agenda Item # 0-8
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.
FRh bmitted,
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 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. Exchange of Easemcnts/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) SID 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. SID 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 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
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.
City of San Juan Capistrano
By:
Sam Allevato, Mayor
Attest:
Meg Monahan,City Clerk
App ed 4zsjpTo form:
Jo R. Shaw,City Attorney SJD Partners, LTD.
By:
Bruce Elieff
Jerwel Enterprises
By:
PROPERTY EXHIBIT A SHEET'°F'
IN THE CITY OF SAN JUAN CAPISTRANO,COUNTY OF ORANGE,STATE OF CALIFORNIA
W.O.1890.16809Ax
VICINlTN MAP
PROPOSED PARCEL 9'
(0.321 AC.)
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«` PROPOSED PARCEL 1 m Tom•
/ > y:` TRACT NO.16731 ': ,_ ® �ij•/ / 5 (1.769 ACJ
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+ 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:
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.
RECOMMENDATION:
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.
ReVectfully S bmitted,
R. Shaw,
ity Attorney
Attachments: Exchange of Easements Agreement
Resolution Approving and Accepting Deeds
EXCHANGE OF EASEMENTS AGREEMENT
This Agreement is made this 174'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
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. 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 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 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 Aareement. 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.
City of San Juan Capistrano
By:
Sam Allevato, Mayor
Attest:
Meg Monahan, City Clerk
Ap rov s form:
John R, haw, City Attorney SJD Partners, LTD.
By:
Bruce Elieff
Jerwel Enterprises
By:
EXHIBIT SHEET I OF 1
IN THE CITY OF SAN JUAN CAPISTRANO,COUNTY OF ORANGE,STATE OF CALIFORNIA
W.O.1890-15809A%
VICINITY MAP
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1 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.
SA ALLEVATO, MAYOR
ATTEST:
M GA ET R. MONAHAN, CITY CLERK
M7
Page 1 of 2 04/17/2007 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
1, 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� MEM/BEER: None
r2, V
MA GA ET R. MONAHAN, City.Clerk
Page 2 of 2 04/17/2007
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.61031
OUffCLAIM 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
By:
Sam Allevato, Mayor
Attest:
Meg Monahan,City Clerk
Approved as form:
John R. Shaw,
City Attorney
Acknowledgement
1
I _ �
I
Attachment 1
ECHt '
LEGAL DESCRIPTION FOR CONSTRUCT10" f--- a
AND SLOPE EASEMENT
Thosr portions of Lots 5 and 8 of a Record of Survey in the City of'San Juan Capiurano.
County of Orange.Slate of California,a$shown on a map filed in Book 4. Page 15 of Record of
Someya in the office of the County Recorder of said County,described as follows:
Beginning at the Southerly terminus of the course shown as Delta - 38°43'22",'R=91' and
L= 61.50' along the Southeasterly line or parcel I of relinquishment No. 722 recorded March
31, 1970 in Book 9252. Page 371 of Official Records,a radial line to said terminus bears South
86017'24" West; thence Northerly 61,.50 feet along said Southeasterly line through a central
angle of 38°43'22";thence tangent from said curve,North'3'5°00'46".Eau.652.47 feet along said
Southeasterly line to the Northwesterly prolongation of the course shown as "NS3'30'22"W
301.83'"along the boundaryof Record of Survey No.s9-to39 asshown on a map filed in Book
1:3. Pages 34 through 36, inclusive,of said Record of Surw)rr, thence along said prolongation,
South 53`30'32"East 1 1.09 feet to the Northwesterly terminus of said course; thence along the
boundary of said Records of Survey the following courses: South 14°53'08" West 346.84 feet.
PI South 561318- West 291.76 feet and South 36436'45" West 111.19 feet to the Point of .-
Beginning.
As sho,,n on Exhibit 'B"attached hereto and bythis reference made a part hereof.
j Rory S.Williams p
Eap.t7g7N9
No.6654 Q
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Rort �ams.L.S/��— rFOFCALtF�
Liceynse E\pirti:December 31. 1999
P - April 7.
98
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W.O. 1890.14196X
eALegal No. o
pry
PreparcFoss J By: H.Fuss
PI
Ck'd By R. V. EJgc:tl
l
City of San Juan Capistrano Date of Value:December 19,2006
A-PI+666-301-11(Jerwel Enterprises)
® EXHIBIT "B" ! .
Sket4 .a ACCOMpany Legal Deeeriptian
41
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41407.7�.
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P.O.B.
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HUNSAKER & ASSOCIATES EASEMENT -
t n c
rw.nmr. tn.:o.ORv+C ANvtvvt FOR CONSTRUCTION ANO SLOPE PURPOSES
�ti C, .0•m P+'NI NN rt.+n.+.Nml. OTT OF SAN•ALAN CAmTKV G Of CMN W OF O GE STATE OF CALIFOMN
•,ya .= Ncne :. H. Foss 7:" V. Edge SCALE: I'a 100' W.0.1890-Td186X
C FC:N'\a45MVZ4s118.OWC - 278-38A04520 RaA LEGAL NO. 45201 SHEET 1 OF 1
City of San Juan Capistrano Date of Value:December 19,2006
AM 666-301-11(jerwel Enterprises)-
Recording Requested by and f
When Recorded Mail to:
City of San Juan Capistrano,Ca
Attn: City Clerk
32400 Paseo Adelanto
San Juan Capistrano,Ca.92675
[Exempt from Recording FeesIG.C.sec. 61031
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:, '2007. Jerwel Enterprises,a California Partnership
i
By:
Attachment 2 l
l
i
1
I
lRecording 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.61031
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
By:
Attachment 3
i
i
C�.
16 ,