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1997-0304_CASSADY ET AL / LONGARINI_Settlement Agr & ReleaseTHIS SETTLEMENT AGREEMENT AN�LEAS£ ("Agr ert") is made and entered into in Orange County, California, as of �l! -) 1997, between the County of Orange (the "County"); the City of San Juan Capistrano (the "City"); James P. Cassady, Virginia I. Cassady, Kenneth R. Cassady and Rosa V. Cassady (collectively the "Cassadys"); Avco Financial Services of Southern California, Inc. ("Avco") and Richard Longarini ("Longarini") (collectively referred to as the "Parties") with reference to and based upon the following: A. The Cassadys are the owners of certain real property located within the City of San Juan Capistrano, California, which is described on Exhibit "A", attached hereto and incorporated herein by reference. B. The Property is encumbered by a Deed of Trust and Assignment of Rents (the "Avco Deed of Trust") in favor of Savers Thrift and Loan Association ("Savers") which was recorded on October 19, 1987 as Instrument No. 87-582932 in the Official Records of Orange County, California. The Avco Deed of Trust secures a note (the "Avco Note") dated October 13, 1987 in the principal amount of $222,000.00 to which Savers is the obligee and to which the Cassadys are the obligors. Savers' right, title and interest in the Avco Note and the Avco Deed of Trust have been assigned to Avco. C. The Property is also encumbered by a Deed of Trust (the "Longarini Deed of Trust") in favor of Longarini recorded October 29, 1987 as Instrument No. 87-603202 of the Official Records of Orange County, California. The Longarini Deed of Trust secures a note (the "Longarini Note") dated October 9, 1987 in the principal amount of $28,000.00 to which Longarini is the obligee and to which the Cassadys are the obligors. D. The Property has been encumbered at various times during this litigation with other claims and liens, including claims and liens for unpaid taxes. E . On June 7, 1990, the County filed a Complaint in Eminent Domain, Orange County Superior Court Case Number 626953, against, among others, the Cassadys and Longarini, seeking to condemn a certain portion of the Property (the "Action"). F. In their answer to the Complaint, the Cassadys and Longarini assert that the County is required to justly compensate them for the impairment of their respective interests in the Property, including damage to the remainder of the Property caused by the construction and use of that portion of the Property taken by the County. The Cassadys and Longarini have also filed cross-complaints against each other wherein they seek priority over the proceeds of any award by the court on the Action. In addition thereto, the Cassadys have asserted various claims for damage to real and personal property resulting from flooding of the subject parcel. C1wpwinWv4xtoea��e.doc 9/17/96 -1- G. On October 11, 1994, Avco filed and served its Verified Complaint in Intervention (the "Complaint in Intervention") in the Action. Pursuant to the Complaint in Intervention, Avco sought just compensation for that portion of the Property taken by the County and for the impairment to the remainder of the Property caused by that taking. Avco also demanded that it be awarded the entirety of any award arising out of the Action with respect to the Property. H. The Action involves the condemnation of certain property now utilized as a roadway within the City. I. The County, Avco, Longarini and Cassadys have reached a settlement with respect to the Action in which the City joins and which is expressly subject to the contingencies set forth in this Agreement. In consideration of the covenants and conditions set forth herein, the Parties agree as follows: Incorporation of Recitals. Recitals A through I are incorporated herein as part of this Agreement. 2. Effective Date. The effective date of this Agreement is ffh [' �) Ll 1997. 3. Stip ila ion for Judgment in Conderrinstion. Upon the full performance of each of the covenants set forth in this Agreement, the Parties shall enter into a Stipulation for Judgment in Condemnation in the Action (the "Stipulation"). By entering into the Stipulation and this Agreement, the Parties shall be released from any and all liability arising from the Action, settlement and agreement. Following execution of the Stipulation, Avco shall dismiss with prejudice its Complaint in Intervention in the Action, and Longarini shall dismiss with prejudice its Cross -Complaint in the Action. Upon entry of the Final Order in Condemnation, the Cross -Complaint filed by the Cassadys' in the Action shall be dismissed with prejudice. 4. Payment by City. Pursuant to its agreement (Agreement No. D89-343, dated July 10, 1990) with the County, City agrees to pay, in fiill settlement of all claims by all Parties herein, the sum of ONE HUNDRED AND FORTY THOUSAND DOLLARS ($140,000.00) in the following manner, as requested and agreed to by Cassadys: the sum of ONE HUNDRED AND THIRTY THOUSAND DOLLARS ($130,000.00) to Avco, and the sum of TEN THOUSAND DOLLARS ($10,000.00) to Longarini. 5. Settlement of All Claims and Litigation. In consideration for the sums paid by City, all parties with interests in litigation or in the subject property agree to release any and all claims against the City and the County related to this property, the litigation and claims identified herein, past, present or future flooding or other impacts upon the subject parcel from the construction of Stonehill Road, the Stonehill Bridge, related easements and drainage improvements, and the exercise of the power of eminent domain in connection therewith. CAwpw 60\wpd=\ca&%a4\wWe.doc 9/17/96 -2- 0 0 6. Draining_and Flooding Easemen . In addition thereto, Cassadys, Avco, and Longarini agree to grant to City a permanent drainage and flooding easement, binding upon all successors in interest and executed by all current lienholders of record and all parties with a financial or legal interest in the parcel, covering the entire parcel described in Exhibit "A" herein, in the form of Exhibit "B", attached hereto and incorporated herein. (a) Expressly subject to the executory provisions of this Agreement, including, but not limited to, the executory provisions set forth in Paragraphs 3 through 6 herein, as of the effective date of this Agreement, each of the Parties to this Agreement release the other from any and all liabilities, claims, actions or causes of action actually asserted or which could have been asserted against the other in the Action. The Cassadys and each of them, and their successors -in -interest in the Property described herein, in consideration for the payments set forth herein in the total amount of One Hundred Forty Thousand Dollars ($140,000.00), do hereby waive and release and forever discharge the City and the County of Orange and their respective elected and appointed officials and employees from any and all claims and causes of action of any kind whatsoever for past or future flooding, earth movement or property damage resulting from the construction and use of that portion of the Property taken by the County of Orange for the Stonehill Road and bridge and related improvements. (b) Waiver of Civil Code Section 1542: By releasing and forever discharging claims both known and unknown, as above provided, the Parties expressly waive any rights under California Civil Code Section 1542, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." The Parties waive and relinquish any rights and benefits which they have or may have under Section 1542 of the Civil Code of the State of California. The Parties have performed a full and complete investigation of the facts pertaining to the settlement. Nevertheless, the Parties acknowledge that they may hereafter discover facts in addition to or different from those which they now know or believe to be true with respect to the subject matter of this Agreement, but it is their intention hereby to fully and finally forever settle and release any and all matters, disputes and differences, known or unknown, suspected and unsuspected, which now exist relating in any way to the Action, as against the Released Parties and, in furtherance of this intention, the release herein given shall be and remain in effect as a full and complete general release notwithstanding discovery or existence of any such additional or different facts. CAwpwin60\wpdo \s ady\wWc.dw 9/17/96 -3- (c) Consultation with Counsel. By initialling below, the Parties acknowledge that they have specifically reviewed with their attorneys the meaning and effect of the releases set forth in subparagraph (a), the language from Civil Code Section 1542 quoted in subparagraph (b), and th waiver contained in subparagraph (c), that their attorneys have fully explained the impact of thesl provisions,_andShatlhey owingly accept therisk ssociated h these provisions. County of Orange Cit SJuan OapistnoA Virginia I. Rosa V. Cassady Avco Longarini 8. Full Settlement. This Agreement is in full settlement of all Parties' claims against each other for any damages, known or unknown, arising from the construction of the improvements which is the subject of this litigation. 9. Successors nd Assigns. This Agreement shall be binding upon and inure to the benefit of Parties to this Agreement, their successors, assigns, agents, attorneys, employees, representatives, heirs, executors, and administrators. 10. Execution Not an Admission. By entering into this Agreement, no party hereto admits that the claims or contentions of the other were or are valid or meritorious. Each party hereto has in the past denied and continues to deny the claims, assertions, allegations and contentions of the other and this Agreement and the underlying settlement are strictly for the purposes of compromising a dispute. 11. Advice of Counsel. The undersigned and each of them hereby declare and represent that in effecting this Agreement, each has received full legal advice as to their respective legal rights and each hereby certifies that he or it has read all of this Agreement and fully understands the same. 12. Additional Documents and Instruments. Each of the Parties hereto agrees to execute and deliver to each of the other Parties hereto all additional documents, instruments and agreements required to take such additional actions as are required to implement the terms and conditions of this Agreement. C:\wpwin60\wpdo \ca ady\vettle.dm 9/17/96 -4- o C is 8',, E ws o3 06 o� u A U 0 0 (c) Consultation with Counsel, By initialling below, the Parties acknowledge that they have specifically reviewed with their attorneys the meaning and effect of the releases set forth in subparagraph (a), the language from Civil Code Section 1542 quoted in subparagraph (b), and the waiver contained in subparagraph (c), that their attorneys have fully explained the impact of these provisions, and that they knowingly accept the risks associated with these provisions. County of Orange James P. Cassady Kenneth R. CassaAW Avco City of San Juan Capistrano Virginia I. Cassady Rosa V. Cassady Longarini 8. Full Settlement. This Agreement is in full settlement of all Parties' claims against each other for any damages, known or unknown, arising from the construction of the improvements which is the subject of this litigation. 9. Successors and Assigns, This Agreement shall be binding upon and inure to the benefit of Parties to this Agreement, their successors, assigns, agents, attorneys, employees, representatives, heirs, executors, and administrators. 10. Execution Not an Admission. By entering into this Agreement, no party hereto admits that the claims or contentions of the other were or are valid or meritorious. Each party hereto has in the past denied and continues to deny the claims, assertions, allegations and contentions of the other and this Agreement and the underlying settlement are strictly for the purposes of compromising a dispute. 11. Advice of Counsel. The undersigned and each of them hereby declare and represent that in effecting this Agreement, each has received full legal advice as to their respective legal rights and each hereby certifies that he or it has read all of this Agreement and fully understands the same. 12. Additional Documents and Instruments. Each of the Parties hereto agrees to execute and deliver to each of the other Parties hereto all additional documents, instruments and agreements required to take such additional actions as are required to implement the terms and conditions of this Agreement. C:\wpwin60\wpdoc \ca ady\se e.dm 9/17/96 -4- 0 • (c) Consultation with Counsel- By initialling below, the Parties acknowledge that they have specifically reviewed with their attorneys the meaning and effect of the releases set forth in subparagraph (a), the language from Civil Code Section 1542 quoted in subparagraph (b), and the waiver contained in subparagraph (c), that their attorneys have fully explained the impact of these provisions, and that they knowingly accept the risks associated with these provisions. county of Vidiige ` James P. Cassady Kenneth R. Cassady Avco City of San Juan Capistrano Virginia I. Cassady Rosa V. Cassady *z� -4— Longariri 8. Full Settlement. This Agreement is in full settlement of all Parties' claims against each other for any damages, known or unknown, arising from the construction of the improvements which is the subject of this litigation. 9. Successors and Assiens. This Agreement shall be binding upon and inure to the benefit of Parties to this Agreement, their successors, assigns, agents, attorneys, employees, representatives, heirs, executors, and administrators. 10. Execution Not an Admission. By entering into this Agreement, no party hereto admits that the claims or contentions of the other were or are valid or meritorious. Each party hereto has in the past denied and continues to deny the claims, assertions, allegations and contentions of the other and this Agreement and the underlying settlement are strictly for the purposes of compromising a dispute. 11. Advice of Counsel. The undersigned and each of them hereby declare and represent that in effecting this Agreement, each has received full legal advice as to their respective legal rights and each hereby certifies that he or it has read all of this Agreement and fully understands the same. 12. Additional Documents and Instruments, Each of the Parties hereto agrees to execute and deliver to each of the other Parties hereto all additional documents, instruments and agreements required to take such additional actions as are required to implement the terms and conditions of this Agreement. C:\wpwin60\wpdocs\cassady\se e.doc 9/17/96 -4- 13. No Assignment. The Parties represent that they have made no assignment of the claims released herein, and that no signature other than his is required to effectuate this Agreement, including the release set forth herein. 14. Attorn , s' Fees. In any proceeding at law or in equity to enforce any of the provisions or rights under this Agreement, the prevailing party shall be entitled to recover from the unsuccessful party all costs, expenses and reasonable attorneys' fees incurred therein by the prevailing party (including without limitation such costs, expenses and fees on any appeals) and if such prevailing party shall recover judgment in any such action or proceeding, such costs, expenses and attorneys' fees shall be included in and as part of the judgment. 15. Appli a 1 .aw. The Parties hereby agree that this Agreement is made, executed and entered into and is intended to be performed within the State of California and that this is a California agreement and is to be construed as such. 16. Integration. This Agreement contains the entire agreement and understanding concerning the subject matter herein and supersedes and replaces any prior negotiations and agreements between the Parties, whether written or oral. Each of the Parties acknowledges representation by counsel throughout all negotiations which preceded the execution of this document and the document has been executed with the consent and upon the advice of counsel. Each of the Parties acknowledges that no party or agent or attorney of any other party has made any promise, representation, or warranty, express or implied, not contained in this Agreement, to induce the other party to execute this instrument. 17. Warranty of No Undue Influence. The Parties hereby warrant and represent that they are not aware of any duress, menace, fraud, coercion, or undue influence which has caused any party to enter into this Agreement. Each of the Parties hereby warrants and represents that it is not aware of any acts or conduct by which, in executing this Agreement, the mind of any of the Parties hereto has been overcome by the will of another person. 18. Authorization. Each person executing this Agreement warrants that he has full authorization to execute this Agreement on behalf of the entity he is signing on behalf of, and further represents that all necessary approvals have been obtained to execute and implement this Agreement. 19. Construction of Agreement. This Agreement shall be construed as if it were drafted by all Parties. JJl1 C:\wpvm6OW4A\ca4vady\aealeAm 9/17/96 -5- ! 0 20. o ,n errs, This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original instrument. IN WITNESS WHEREOF, the Parties hereto have executed this Settlement Agreement and Release. Dated: %elf ('�l, 1997 COUNTY /O�FORANGE By:� APPROVED AS TO FORM: LAURENCE M. WATSON, COUNTY COUNSEL and EDWARD N. DURAN, DEPUT By: Edwar . Duran, Deputy Attorneys for Plaintiff, County of Orange Dated: D -(0 1996 APPROVED AS TO FORM: By: eel'4 Richard K. Denhalter 17-11Y19? Attorney for City of San Juan Capistrano Dated: Sy?s 1 9 , 1996 Dated: 5C7G? If 1996 Dated: 5,0P-7 if 1996 T Dated: : P / dc", A & i Darlene 1. Bloom Clerk of the Board of Supervisors of Orange County, California 1996 r ROSA V. CASSADY C Awpwin60\wpdocs\cassady\wWe. doc 9/17/96 -6- 0 APP ORM' O j/ W tam Krall, ttorney for James P. Cassady, Virginia I. Cassady, Kenneth R. Cassady and Rosa V. Cassady Dated: 1996 APPROVED AS TO FORM: Mark McCormick Attorney for Avco Financial Services of Southern California, Inc. Dated: 1996 APPROVED AS TO FORM: Gloria L. "Sunny" Johnson Attorney for Richard Longarini CAwpwin60\wpdm\cescady\wWe.dm 9/17/96 -7- E AVCO FINANCIAL SERVICES OF SOUTHERN CALIFORNIA, INC. RICHARD LONGARINI APPROVED AS TO FORM: William Krall, Attorney for James P. Cassady, Virginia 1. Cassady, Kenneth R. Cassady and Rosa V. Cassady Dated: 1996 AVCO FINANCIAL SERVICES OF SOUTHERN CALIFORNIA, INC. APPROVED AS TO FORM: Mark McCormick Attorney for Avco Financial Services of Southern California, Inc. Dated; i L 1996 APPROVED AS TO F G ria L. " " Johnson Attorney for Richard Longarini M C:\wpwm60\wpdomka ady\vettle.dm 9/17/96 -7- itt� rJ APPROVED AS TO FORM: William Krall, Attorney for James P. Cassady, Virginia I. Cassady, Kenneth R. Cassady and Rosa V. Cassady Dated: 12-I'Lo , 1996 Attorney for Avc6 Financial Services of Southern California, Inc. Dated: U 1996 APPROVED AS TO F : G ria L. ' nn hnson Attorney for Richard Longarini r �rl�a r x Ciwpwin60\wpdo \ca ady\se e.dm 9/17/96 -7- r AVCO �OF C. RICHARD LONGARINI EXHIBIT "A" PAGE 1 OF 2 LEGAL DESCRIPTION OF PERPETUAL EASEMENT TO ALLOW AND ACCEPT OCCURRENCES OF FLOODING PARCEL 1: THAT PORTION OF THAT CERTAIN PARCEL OF LAND LYING WESTERLY OF THE CALIFORNIA STATE HIGHWAY AND SOUTHERLY OF THE TOWN OF SAN JUAN CAPISTRANO, AS CONVEYED TO PAUL N. YORBA, BEN N. YORBA, DAISY M. WINTERBOURNE AND CECELIA YORBA, IN EQUAL UNDIVIDED SHARES, IN PARCEL 1 OF DEED RECORDED AUGUST 11, 1945 IN BOOK 1354 PAGE 91, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD WITH THE SOUTH LINE OF THE LAND CONVEYED BY ROSA A. PRYOR TO ALBERT PRYOR AND CHRISTINE S. LUNDELL BY DEED RECORDED IN BOOK 111 PAGE 202, OFFICIAL RECORDS, AND RUNNING THENCE SOUTH 16 DEGREES 01 MINUTES 30 SECONDS WEST ALONG THE ABOVE MENTIONED WESTERLY RIGHT OF WAY LINE, 205.52 FEET, MORE OR LESS, TO A 2 INCH IRON PIPE MONUMENT MARKED 'R. C. E. 10301; THENCE CONTINUING SOUTH 16 DEGREES 01 MINUTES 30 SECONDS WEST, 411.06 FEET TO THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 16 DEGREES 01 MINUTES 30 SECONDS WEST, 205.53 FEET, MORE OR LESS TO THE MOST SOUTHERLY CORNER OF THE ABOVE MENTIONED PARCEL 1; THENCE NORTH 46 DEGREES 11 MINUTES 03 SECONDS WEST ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1, 1191.84 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL 1; THENCE NORTH 30 DEGREES 03 MINUTES 57 SECONDS EAST ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1, 88.80 FEET TO A POINT WHICH LIES NORTH 51 DEGREES 04 MINUTES 26 SECONDS WEST 1121.20 FEET FROM SAID TRUE POINT OF BEGINNING; THENCE SOUTH 51 DEGREES 04 MINUTES 26 SECONDS EAST, 1121.20 FEET TO SAID POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY LINE OF THE STRIP OF LAND 250 FEET IN WIDTH DESCRIBED IN PARCEL NO. 109.01 OF THE DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED JULY 23, 1962 IN BOOK 6185 PAGE 589, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM A ONE-HALF INTEREST IN ALL OIL, MINERALS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF THE LAND BUT WITHOUT THE RIGHT TO ENTER UPON THE PROPERTY TO REMOVE SAID SUBSTANCES, AS RESERVED BY FRANK L. WINTERBOURNE, ET AL., IN DEED RECORDED MARCH 18, 1960. . I i; I uproTm PARCEL 2: AN EASEMENT FOR COMMON ROAD, SANITARY SEWER, UTILITY, WATER LINE AND RAILWAY SPUR TRACT PURPOSES, 50.00 FEET IN WIDTH, MEASURED AT RIGHT ANGLES DESCRIBED AS FOLLOWS: THE EASTERLY 50.00 FEET OF THAT CERTAIN PARCEL OF LAND LYING WESTERLY OF THE CALIFORNIA STATE HIGHWAY AND SOUTHERLY OF THE TOWN OF SAN JUAN CAPISTRANO, AS CONVEYED TO PAUL N. YORBA, BEN M. YORBA, DAISY M. WINTERBOURNE, AND CECELIA YORBA, IN EQUAL UNDIVIDED SHARES, IN PARCEL 1 OF DEED RECORDED AUGUST 11, 1945 IN BOOK 1354 PAGE 91, OFFICIAL RECORDS; SAID EASEMENT LYING WESTERLY OF AND ADJACENT TO THE WESTERLY RIGHT OF WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 HEREINBEFORE DESCRIBED. PARCEL 3: AN EASEMENT FOR COMMON ROAD PURPOSES OVER A STRIP OF LAND 20.00 FEET WIDE LYING WESTERLY OF THE CALIFORNIA STATE HIGHWAY AND SOUTHERLY OF THE TOWN OF SAN JUAN CAPISTRANO, SAID STRIP OF LAND BEING 10.00 FEET ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT STATION 419-194.51 ORA 2A IN THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY, AND RUNNING THENCE FROM SAID POINT OF BEGINNING SOUTH 78 DEGREES 08 MINUTES 30 SECONDS WEST 186.15 FEET INTERSECTING AND RUNNING ALONG THE NORTHERLY LINE OF PARCEL 6 OF LAND DESCRIBED IN GIFT DEED RECORDED AUGUST 11, 1945 IN BOOK 1354 PAGE 91, OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 67 DEGREES 02 MINUTES 30 SECONDS WEST 203.51 FEET; THENCE NORTH 47 DEGREES 38 MINUTES 30 SECONDS WEST 251.80 FEET; THENCE NORTH 43 DEGREES 06 MINUTES 30 SECONDS WEST 206.61 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD, SAID POINT OF INTERSECTION BEING THE MOST NORTHERLY CORNER OF SAID PARCEL 6 AND BEING THE POINT OF TERMINATION OF SAID CENTERLINE. SUBJECT TO THE CALIFORNIA STATE HIGHWAY RIGHT OF WAY. THE HEREIN DESCRIBED EASEMENT BEING IDENTICAL TO "COMMON ROAD" AS DESCRIBED IN THE ABOVE MENTIONED GIFT DEED. n L-A RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Project No.: Project Parcel No.: 0 EXHIBIT "B" Exempt from Recording Fees Pursuant to Government Code Section 6103 Documentary Transfer Tax - No Consideration (state reason) Cheryl Johnson, City Clerk San Juan Capistrano, California Easement Deed for Acceptance of Flood Occurrence FOR VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby acknowledged, the undersigned land owners, James P. Cassady and Virginia I. Cassady, Husband and Wife as Joint Tenants as to an undivided 50% interest, and Kenneth R. Cassady and Rosa V. Cassady, Husband and Wife as Joint Tenants as to an undivided 50% interest, all as Tenants in Common ("Grantors" herein) hereby GRANTS and CONVEYS to the City of San Juan Capistrano, a California Municipal Corporation ("Grantee" herein) and its successors and assigns, "Perpetual Easement to Allow and Accept Random Occurrences of Storm Water Flooding", acknowledging the unrelated facts that (1) Grantee is the owner of upstream floodway and floodplain lands, and (2) that Grantee is the governing city, with local jurisdiction over the lands of both Grantors and Grantee. The lands subject to said "Perpetual Easement to Allow and Accept Occurrences of Flooding" is the real property situated in the State of California, County of Orange, City of San Juan Capistrano, more particularly described in Exhibit "A" of this deed, which description is, by this reference, incorporated herein and made a part hereof. It is understood and agreed that said Perpetual Easement, defined and granted herein, is subject to the rights of Grantors, their successors and assigns, to continue to use Grantor's lands (surface, subsurface or raised surface) within the boundaries of said Easement to the extent that such uses are lawful and compatible with the rights of adjacent lands and land owners. It is understood and agreed that Grantors shall make no claims or demands on Grantee for damages, losses, delays or for any cause related to flooding on subject lands. 0 0 Easement Deed for Acceptance of Flood Occurrence Page 2 This Perpetual Easement to Allow and Accept Random Occurrences of Storm Water Flooding and continued land use provisions contained herein shall be binding upon Grantors, Grantee and their respective successors and assigns. In witness whereof, this instrument has been executed on 3 e pte-,. ha- 19 , 1996. Rosa V. Cassady, Grantor NOTE: Please have signatures notarized. CALIFORNIA ALL-PURPOSE KNOWLEDGMENT • State of CALIFORNIA County of OR mGI: On / 9 SE P7'Vex aclz 199(. before me, PHILIP J. HUGHES, NOTARY PUBLIC GATE _ — NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared rLi ❑ personally known to me - OR - LT'proved to me on the basis of satisfactory evidence to be the person(g) whose name(o is/ape subscribed to the within instrument and ac- knowledged to me that he/she/ hiW executed the same in his/heoA*e r- authorized a HIRIWJ 007164 capacity(iW, and that by his/hmrfthe+r Nowy M � N signature(49) on the instrument the person(21, r►t�.aryatamnly or the entity upon behalf of which the person($) acted, executed the instrument. �Z;SS my hand andoffici seal. ,Z,o /-" *110, SIG ATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TME(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE No. 5907 01993 NATIONAL NOTARY ASSOCIATION - 8238 Re Met Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 State of NIA County of DRANG6- On 2 o sFAwifraRPigmbefore me, Mw j• Hu6HES, NOURY PUBLIC OATS 04AMEMTLE OF OFRCER4.e.-JANE DOE. NOTARY PUBUC'1 personally appeared Vt tZ Gf u I b _ INAMEll1 OF SIONERRRI KVgat, d 2DsA V O personally known to me -OR- 0/roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that 1ae+Ishe/they executed the same in hfa/ker/their GMM./i 1 v authorized capacity(ies), 6 NaN"mkCdhm and that by hiefilher/their < w C01�"tOt�� •� signature(s) on the 1 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. I (SEAL) 1 NAT E O NOTA 1 ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document.yn THIS CERTIFICATE TMa « Type of Docu eM E-vGG�n.aOua.F� "�'� E'1 MUST eE ATTACHED TO THE DOCUMENT NLwnbw of Poo" L Date of Document —! Q Q 16 DESCRIBED AT RIGHT: Sgnarlal onw Thin Nr,gd Avow Jr4•wf FS P cd s�4 D y WOLCOTTS FORM 09740 R . 3,94 tpio, cl a B -IN 01984 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYMEPRESENTATIONTYO FINGERPRINTS RIGHT THUMBPRINT IOptionall CAP CITY CLAIMED BY SIONERIS) DIVDUAL(S) OCORPORATE OFFICER(S) OPARTNERISI OLIMTTED OGENERAL DATTORNEY NE FACT OTRUSTEEISI ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: INunna of Po,aonlel or EntitYliaal RIGHT THUMBPRINT i0priondl CAPACITY CLAIMED BY SIGNER(S) DINDiVDUALISI ❑CORPORATE OFFICERISI mRES OPARTNERISI ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT OTRUSTEEISI O GUARDIAN/CONSERVATOR OOTNER: SIGNER IS REPRESENTING: (Naha of Panonla) or Entitylioal 7 IIII6777II II63240 II 8 EXHIBIT "A" PAGE 1 OF 2 LEGAL DESCRIPTION OF PERPETUAL EASEMENT TO ALLOW AND ACCEPT OCCURRENCES OF FLOODING PARCEL 1: THAT PORTION OF THAT CERTAIN PARCEL OF LAND LYING WESTERLY OF THE CALIFORNIA STATE HIGHWAY AND SOUTHERLY OF THE TOWN OF SAN JUAN CAPISTRANO, AS CONVEYED TO PAUL N. YORBA, BEN N. YORBA, DAISY M. WINTERBOURNE AND CECELIA YORBA, IN EQUAL UNDIVIDED SHARES, IN PARCEL I OF DEED RECORDED AUGUST 11, 1945 IN BOOK 1354 PAGE 91, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD WITH THE SOUTH LINE OF THE LAND CONVEYED BY ROSA A PRYOR TO ALBERT PRYOR AND CHRISTINE S. LUNDELL BY DEED RECORDED IN BOOK 111 PAGE 202, OFFICIAL RECORDS, AND RUNNING THENCE SOUTH 16 DEGREES 01 NIINUTES 30 SECONDS WEST ALONG THE ABOVE MENTIONED WESTERLY RIGHT OF WAY LINE, 205.52 FEET, MORE OR LESS, TO A 2 INCH IRON PIPE MONUMENT MARKED "R. C. E. 10301; THENCE CONTINUING SOUTH 16 DEGREES 01 MINUTES 30 SECONDS WEST, 411.06 FEET TO THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 16 DEGREES 01 MINUTES 30 SECONDS WEST, 205.53 FEET, MORE OR LESS TO THE MOST SOUTHERLY CORNER OF THE ABOVE MENTIONED PARCEL 1; THENCE NORTH 46 DEGREES 11 MINUTES 03 SECONDS WEST ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1, 1191.84 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL 1; THENCE NORTH 30 DEGREES 03 MINUTES 57 SECONDS EAST ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1, 88.80 FEET TO A POINT WHICH LIES NORTH 51 DEGREES 04 MINUTES 26 SECONDS WEST 1121.20 FEET FROM SAID TRUE POINT OF BEGINNING; THENCE SOUTH 51 DEGREES 04 MINUTES 26 SECONDS EAST, 1121.20 FEET TO SAID POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY LINE OF THE STRIP OF LAND 250 FEET IN WIDTH DESCRIBED IN PARCEL NO. 109.01 OF THE DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED JULY 23, 1962 IN BOOK 6185 PAGE 589, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM A ONE-HALF INTEREST IN ALL OIL, MINERALS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF THE LAND BUT WITHOUT THE RIGHT TO ENTER UPON THE PROPERTY TO REMOVE SAID SUBSTANCES, AS RESERVED BY FRANK L. WINTERBOURNE, ET AL., IN DEED RECORDED MARCH 18, 1960. EXHIBIT "A" PAGE 2 OF 2 PARCEL 2: AN EASEMENT FOR COMMON ROAD, SANITARY SEWER, UTILITY, WATER LINE AND RAILWAY SPUR TRACT PURPOSES, 50.00 FEET IN WIDTH, MEASURED AT RIGHT ANGLES DESCRIBED AS FOLLOWS: THE EASTERLY 50.00 FEET OF THAT CERTAIN PARCEL OF LAND LYING WESTERLY OF THE CALIFORNIA STATE HIGHWAY AND SOUTHERLY OF THE TOWN OF SAN JUAN CAPISTRANO, AS CONVEYED TO PAUL N. YORBA, BEN M. YORBA, DAISY M. WINTERBOURNE, AND CECELIA YORBA, IN EQUAL UNDIVIDED SHARES, IN PARCEL 1 OF DEED RECORDED AUGUST 11, 1945 IN BOOK 1354 PAGE 91, OFFICIAL RECORDS; SAID EASEMENT LYING WESTERLY OF AND ADJACENT TO THE WESTERLY RIGHT OF WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL I HEREINBEFORE PARCEL 3: AN EASEMENT FOR COMMON ROAD PURPOSES OVER A STRIP OF LAND 20.00 FEET WIDE LYING WESTERLY OF THE CALIFORNIA STATE HIGHWAY AND SOUTHERLY OF THE TOWN OF SAN JUAN CAPISTRANO, SAID STRIP OF LAND BEING 10.00 FEET ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT STATION 419-194.51 ORA 2A IN THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY, AND RUNNING THENCE FROM SAID POINT OF BEGINNING SOUTH 78 DEGREES 08 MINUTES 30 SECONDS WEST 186.15 FEET INTERSECTING AND RUNNING ALONG THE NORTHERLY LINE OF PARCEL 6 OF LAND DESCRIBED IN GIFT DEED RECORDED AUGUST 11, 1945 IN BOOK 1354 PAGE 91, OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 67 DEGREES 02 MINUTES 30 SECONDS WEST 203.51 FEET; THENCE NORTH 47 DEGREES 38 MINUTES 30 SECONDS WEST 251.80 FEET; THENCE NORTH 43 DEGREES 06 MINUTES 30 SECONDS WEST 206.61 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD, SAID POINT OF INTERSECTION BEING THE MOST NORTHERLY CORNER OF SAID PARCEL 6 AND BEING THE POINT OF TERMINATION OF SAID CENTERLINE. SUBJECT TO THE CALIFORNIA STATE HIGHWAY RIGHT OF WAY. THE HEREIN DESCRIBED EASEMENT BEING IDENTICAL TO "COMMON ROAD" AS DESCRIBED IN THE ABOVE MENTIONED GIFT DEED.