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1991-0903_HOFFMAN , WALTER & PATRICIA_Agreememt
T H ! 1 1 S W O RD ES = W I L- SH 1� P . 0 2! 9 i -615956 T itle* RECORDED IN OFFICIAL RECORDS RECORDING REQUESTED AND ) OFORANGE COUNTY,CALIFORNIA WHEN RECORDED MAIL TO: ) 3:00 NOV 12 1991 Lien City Clerk's Office ) P.M. City of San Juan Capistrano )32400 Paseo Adelanto ) 04 Q•�* RECORDE1 San Juan Capistrano, CA 92675 Documentary Transfer Tax - No(Space Above For Recorder' s Use) POOR Tax Due, Recording Requested SMF per ovt Code Sec on 6103 Cheryl Johng&,Llclty C1eAr�REEMENT REGARDING GRANT OF RIGHT OF WAY San Juan Capistrano, CA This AGREEMENT REGARDING GRANT OF RIGHT OF WAY ("Agreement") is made on this 3rd day of September, 1991 by and between WALTER ROFFMAN and PATRICIA HOFFMAN, husband and wife (hereinafter re- ferred to as "Grantor") and the CITY OF SAN JUAN CAPISTRANO, a municipal corporation (hereinafter referred to as "City" or "Grant- ee") . R E C I T A L S Grantor is the fee owner of certain real property located in the City of San Juan Capistrano, California, legally described and depicted in Attachment 1 which is incorporated herein by this reference (the "Property") , Grantee desires to obtain right of way for the San Juan Creek Road Improvements over and across a portion of the Property, legally described in Attachment No. 2 ;attached hereto and incorpo- rated herein by this reference and shown on Attachment No. 1 as Phase 1 Right of Way and Phase 2 Right of Way (collectively "Right of Way") . Grantee intends to construct the San Juan Creek Road Improve- ments in two phases (a) the construction of a pedestrian wal3wAy and bicycle lane, as Phase 1 on the Phase 1 Right of Way, in accordance with the Description, of Improvements attached herdto as Attachment No. 3 and incorporated herein by this reference (ttie "Phase 1 Improvements") , and (b) the widening of San Juan Creek Road as Phase 2 on the Phase 2 Right of Way, which will include the improvement to San Juan Creek Road and reconstruction of the Phase 1 Improvements on a portion of the Phase 2 Right of Way all as generally shown on the Description of Improvements (the "Phase 2 Improvements") . The Phase 1 and Phase 2 Improvements are sometimes collectively herein referred to as the "San Juan Creek Road Im- provement." d;dedZ-eta hofl 1 r a -x- } �_+ }P7, SEP - 1 9 - 91 THL1 1 1 r=. W nF' DES / W I LSH AP . 03 Grantor has submitted an application for a Conditional Use Permit referred to as Conditional Use Permit No. 79-5 ("Condi- tional Use Permit") . Grantor desires to grant the Right of Way to Grantee subject to the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual benefit and promises set forth below, Grantor and Grantee agree as follows; 1. Grant of Right of Way. Grantor hereby irrevocably grants to Grantee a fee simple marketable title in the Right of Way free and clear of any liens or encumbrances. Such grant shall occur by delivery and recordation of a grant deed in substantially the form attached hereto as Attachment No. 4 and incorporated herein by this reference. --- 2. Obligations of Grantee. A. Grantee hereby covenants that neither Grantor nor any successor in interest to the Property shall pay any costs in connection with the San Juan Creek Road Improvements. B. City hereby accepts the initial deposit of One Thousand Seven Hundred and Sixty Dollars ($1, 760. 00) submitted by Grantor to the City in connection with the Conditional Use Permit and hereby irrevocably waives any additional fees in connection therewith. C. Grantee hereby covenants that it will pay for all costs associated with the extension of existing drainage facilities located on the Property in the event that channel lining improve- ments are constructed upon San Juan Creek within the boundaries of the Property. D. Grantee shall reimburse Grantor for all actual and direct attorney's fees incurred by Grantor in the review of this Agreement and related documents in an amount not to exceed Eight Hundred Dollars ($800.00) . 3 . Condition Precedent to Effectiveness of Grant The grant of the Right of Way 'described in paragraph 1 hereof shall be effective and may be recorded by Grantee only after the Planning Commission of the City of San Juan Capistrano adopts its resolution approving the Conditional Use Permit, which shall be a condition precedent and shall be deemed to fail, unless the Plainning Commis- sion in its full and absolute discretion approves the Conditional Use Permit on or before September 24, 1991. Ehded2•sjc.hof1 2 n r SEP.- 19 - SI THU 1 E W0RDES = WILSHI � P . 04 4. Grant of License. Grantor hereby further grants to Grantee a license to enter upon the Right of Way upon execution hereof and prior to the recordation of the Grant Deed for the purpose of commencing construction of the Phase 1 Improvements; provided however, in the event that the condition precedent de- scribed in Paragraph 3 hereof is not fulfilled and the grant of the Right of Way does not become effective, Grantee agrees to restore the Right of Way to, as nearly as practicable, its present condi- tion, on or before November 1 , 1991. 5. Renlacement Obligations of Grantee Upon commencement of construction of the Phase 1 Improvements, Grantee, at Grantee's sole cost and expense, shall remove and relocate the improvements of Grantor located on the Phase I Right of Way and install same on the Phase 2 Right of Way in accordance with Attachment No. 5 attached hereto and incorporated herein by the reference ("Tempo- rary Fence") . Grantee further promises that upon commencement of construction of Phase 2, Grantee, at Grantee' s sole cost and expense, shall remove and relocate the Temporary Fence and replace same on the Property adjacent to the Phase 2 Right of Way, as set forth in Attachment No. 5. In addition Grantee, at Grantee's sole cost and expense, shall relocate and supply all electrical, water and gas utilities and utility installations, which the Property requires and which are affected by the Phase 1 or Phase 2 Improve- ments. 6. Temporary Use of Phase 2 Sight of Way. Until such time as Grantee gives Grantor 270 days written notice of its intent to commence construction of the Phase 2 Improvements, Grantee shall have a license to utilize the Phase 2 Right of Way consistent with the Conditional Use Permit; provided that in the event of such use, Grantor hereby agrees to defend, indemnify and hold Grantee harm- less against and from any and all loss, damage or liability on account of any, all, and every demand or claim or assertion of liability arising or alleged to have arisen from the construction, maintenance or repair of Grantor's improvements on the Phase 2 Right of Way from the presence of Grantor's Improvements on Phase 2 Right of Way. Notwithstanding the foregoing, Grantor shall not indemnify Grantee from any latent or patent defects in the reloca- tion of any improvem8nts, structures or utilities by Grantee, pursuant to this Agreement or for any damage, claim, liability or loss arising from the negligent or intentional acts or omissions of Grantee, its employees, agents, contractors, servants, licensees or invitees (collectively "Grantee's Negligence") . Grantee hereby agrees to defend, indemnify and hold Grantor harmless against and from any and all loss, damage or liability on account of any, all, and every demand or claim or assertion of liability arising or alleged to have arisen from Grantee's negligence. 7 . Construction of Phase 2 Improvements Grantee may commence construction of the Phase 2 Improvements following 270 days written notice of such commencement to Grantor. Grantee, at t�:ded2-sjc.nof) 3 r S E P — 1 9 — 9 1 T H U l ep' 7 W O R D E S W I L '3 H II* P _ 9 Grantee's sole cost and expense, shall be responsible for demolish- ing (as required) , removing and relocating any above ground improvements, including, but not limited to structures, fences, landscaping, utility hookups, existing on the Phase 2 Right of Way in connection with its construction of the Phase 2 improvements. In addition, Grantee shall not impair or modify the existing accesses to the Property or the legal turning movements into and out of the Property, either during construction or at any time thereafter, unless and until Grantor or its successors shall submit an applica- tion to further develop the Property. Notwithstanding the forego- ing, Grantee, at Grantee's sole cost and expense, shall relocate and supply all electrical, water and gas utilities and utility installations, whether above or below ground, which the Property requires and which are affected by the Phase 2 Improvements. 8. offer of Dedication, In the event this Agreement is terminated as a result of a failure of the Condition Precedent described in paragraph 3 hereof, nothing herein shall be construed so as to relieve Grantor of, or otherwise modify, amend or change obligations set forth in CUP No. 79-5 . 9. Entire Aareement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect, except a subsequent modification in writing signed by the parties hereto. In the event of any controversy, claim, or dispute relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees, and costs. 10. Notices. Any notice to be given hereunder by either of the parties hereto to the other may be personally delivered or may be deposited in the United States mail, registered or certified, postage prepaid, return receipt requested, addressed to the party to whom intended as follows: To Grantor: Walter Hoffman Patricia Hoffman c/o TAR Farms 28411 San Juan Creek Road San Juan Capistrano, CA 92675 To Grantee: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTN: Assistant City Manager [f:ded2-&jc.hof] 4 w i ALL-PURPOSE ACKNOWLED6 ENT No 299 State of L CAPACITY CLAIMED BY SIGNER County of I (NDIVIDUAUS)SIGNING FOR ONESELF/MEMSELVEs N orA4Zr On - /9Y' before me, (' L" (name,t FIGtle of officer), CORPORATE sonally appeared WA ` FPM r P&Ct�Lttt� W f=1� t ❑OFER(s) TITLES) ersonally known tome—OR—❑proved tome on the basis of satisfactory evidence to COMPANY be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edgedto me that he/she/they executed the same in his/her/their authorized capacity(ies),and ❑PIA NERIG) PARTNERSHIP that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of A CT Y- which the person(s) acted, executed the ❑INfZWACT PRINCIPALIS) instrument. TRUSTEE(S) TPUsi OFFICIAL SEAL WITNESS my hand and official seal. GUI GO BAKER CA OTHER Notary Publc-COfffomfa rmosl ORANGE COUNTY My CommWen Was TITLES) July 15. 1995 ENTITY(IES)REPRESENTED ENTItt11ES)REFflESEN1ED 8u nature 0 NATIONAL NWOTARY ASSOCIATION•8736 Rarvret Me.•PO.Box]184•Camga Park.CA 91394]184 ALL-PURPOSE ACKNOWLEDGMENT NO 209 State of ( a �/-wr1.4a CAPACITY CLAIMED BY SIGNER County of /22 AQP ❑ INDIVIDUAL(S) 'I%_CORPORATEA ,)a", 004 On Cin r /49/ before me, on OFFICER(S) O 1� DATE NAM TLE OF OFFICER-E.D.,'JANE DOE, OTRY PUBLI ' LE(S) G / ❑ PARTNER(S) personally appeared /rJOn�o �L) G• 7 y / PS� ❑ ATTORNEY-IN-FACT NAME(S)OF SIGNER(S) ❑ TRUSTEE(S) `personally known to me- OR - ❑ proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS /` to be the person(s) whose name* is/are subscribed to the within instrument and ac- ❑ GUARDIAN/CONSERVATOR knowledged to me that he/she"executed ❑ OTHER: the same in his/herObw4r authorized capacity(ies), and that by his/ho4theif signature(syon the instrument the person(s),, ortheentity upon behalf ofwhich the person(S)` SIGNER IS REPRESENTING: actedexecuted the instrument. NAME OF PERSONS)OR ENTI V(IES) , OFFICIAL SEALo �— CHERYL A. JOHNSON Witness my hand and official seal. m NOTARY PUBLIC- CALIFORNIA / ONNNGE COUNTY 2/S 7� /7 b MY COWL expires DEC 13, 1993 6�NATURE OF TARY ATTENTION NOTARY:Although the information requested below is OPTIONAL.It could prevent fraudulent attachment of this certificate to unauthorized document. ta THIS CERTIFICATE Title or Type of Document J��pG/XpJi ,!j>< n.L- A2-0-4r7 MUST BE ATTACHED g ENT Number of Pages rl Date of Document TO THE DOCUM DESCRIBED AT RIGHT: Signers) Other Than Named Above�//cs-x Pct f7••i� I�r, C 1991 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Canoga Park,CA 91394.7184 SEP - 1 9 - 4 1 T H U Irple W O P D E S W I L S H I P 06 IN WITNESS WHEREOF, the parties have executed this Grant of Easement as of the day and year first above written. LGRANTOR: H F PATRICIA HOFFM GRANTEE: CITY OF SAN JUAN CAPISTRANO, a municipal corporation By: Kenneth E. Frless Mayor ATTEST: soln"ta c ity Clerk \� APPROVED AS TO FORM: City Attorney [i:d"2-xjc.hofl 5 ' v ACRES (Horse Ranch) Q °r No. 14612 By, 14 17 8 PC 1170 t E. Na. Lawn No. $12.D0 RECORDING C2 REQUESTED BY, kc91o[n d alllwt rfCCr.^1 W W6W1 Blelrey,wRMera WHEN RECORDED MAIL TO no.U6o -244 PM ALG 1211 KINDEL L ANDERSON 1JW) Ttt O4.44 4000 MacArthur Blvd., Suite 1000 y i ;IE 6 DAWN,crrreb B[eefdo Newport Beach, CA 92660 /r Y.CI PtlDV[ 1x15 LIx[ 10. nFCOPD[P'1 S. MAIL TAX STATEMENTc TO: EbS THAN 5100 .0- TRAWER TAX L Walter L Patricia N. Hoffman, .._..Cs,wm ne m.eo-.rrwon e,.w.aOn Co-Trustees ......C.oe m M.eroia.nlen ae.w I...Ixs or 35811 Beach Road Capistrano Beach, CA -7_ _(,�„K„indel: i Anderson A. P. 1124-223-6 GRANT DEED FOR A VALUABLE CONSIDERATION, f eeiol of whirl, is EneEy xlnew�.=Ted, WALTER HOFFMAN and PATRICIA HOFFMAN, husband and wife as joint tenants J. a hcetw GRANTISI to WALTER HOFFMAN and PATRICIA N. HOFFMAN, Co-Trustees of The Hoffman Trust estab- lished April B, 1981, by Walter Hoffman and Patricia N. Hoffman, Trustors u,e reel prrAerly in INe CGIy of San Juan Capistrano Co.Pq of Orange State of California. deecrioed at SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF n WpL71ER HOFF,4iA - sunOFCALrEOANIAI - v}` fl-. i.,-- COUI:TY INF PA Tft CIA IfOFFMAN �� - p ORA_IGE bbn m4 W V e YO,F rwrr in .E lu r.a state. Onton.N «pre„r WALTER HOFFMAN_ _ AA PATRICIA HOFFMAN _ OFFICIAL SEAL + GUI CA BAKER ____ _.._-__ -_ �,u$:Y.j xn!nrn waLK•446oax4 Oxf w ,e twl m a Me.son4__.noe.n.r.e-dCO_ (:`spy-y�•9 Dano e, . WcripO 4 M «Min irnvanrer W elror.ePe1 Mr W Me<xw.not AA IS,1961 WITNESS Tey beel nea.xc.l «x. Si9reecre IoeTuwwl MAIL TAX STATEMENTS AS DIRECTED ABOVE b 1'. Attachment 1 BK 14 17 8 PG 1 17 1 • Intl-11 aUSY �f •�• Or3CR1p110N a.w ALL that certain land situated in the State of California, v p - County Of Drange, City of San Juan Capistrano, deseribod as tollows: y.. ?'• pa bCEL 1: That, portion or Sections S .11ad b, rONn51LL1. n i.nl[v• Na uyp 7 wvst o2 the 5, Be b. L M. aacorJing to thv UtllClal plat OL •.ti said land filed in the District Ladd Oft;ce April 11, ab75, described as IOi1Oes: Coaaancin.• At a point on the Sauthmesterly line of the Rvlcho, t� Ilissiod V1e30, South 200 02. 13' East 1855.17 reut tco. its t �• lhCeCSaCtion wiLD the lade Detaean Township 7 SOYGn, Range 7 west, and rovbship b South, Range 7 Jest of the S. B. B. 6 0., as ::duan on a map f11ud In boo[ 9, page. 15 to 22 Lnclusivx of b.cord or Surveys, in-the ortaca Ot the Count) Necordar of said Orange County, being the Ju4u14•asterly cutn.-r or land deaeriowd an deed tt, Joie-[[. LacOaaJue recorded %)'toner 15, 1*� 1527 in 0044 99, page 5 of Ottlelal Records; thence South 7U0 y1 112. OU' West "Obe SO tw.t to ta. mast ioutb.:r ly comer vt .mala �Y fond o: pierce LACOuayue said point neing also the most k� Southerly corner of land d.-scribed in Deea to D. L. marsnouca recorded November 17, 1931 in &Oak 513, page LU5 or Utticial i �! Records; thebee South 310 22. 28' Cast 500.41 teat to the �.l Southerly Corner of the Latin conveyer to Paul heroold by freed rweucdad SepLearnar 5, 19:7 in DOOt 41116, page 4t1J or oro tial Neeords, said polut also Lowing the •.iiia point of beginning; chance North 0U" 5a• UU' - est 1945.,,! [eet; tb3nLr N;Kt.h 37v .r 59• LO' Salt 131.03 tt-.c then x• hanth 624 12• LL' 24.L 4.2.65 °. feet; then... S-ate 6114 Sb' UU' Last 17.99 t,-et; thane. W.rceb •k IS 484 244 30' East 1126.44 Leet; tboaCa North lbe r9. 30" •est i SUa.7U Cvee to a point uu tba ..o rc ne•ely Lne oc lana ue s.a toed a- in Deed to Orange County Trust and Sa.ln4s 2d1:4, L.•caraea April 13, 1920 in boat 358, pale 3b4 O( De L•d5, distant -esterly 400.00 tett frau tae most Hatt.vrly corner of said Lena at U. e. 1 Le Marshourn; chance Soutb b30 154 UJ' Nest 1661.57 teet along ' 429' tha Northerly line of said ran] of Uranga County :rust at.d ( S..vings Bank to the most L.Isterly corner or laud uestrroad in Dv as to John J. Harrison, recorded Tabrurry 10, 1911 in nob, 174, pays In of Deeds; thence South 42- 52' U0' u.•at 445.25 it r feet to the Northerly corner or lead deseribwd in been to my Louis 2omoff and wife, recucdel Juu. 12, 1443 ill Uuot 11U9, pa4e 508 Of UttieaaL haeotds; Lance Southeasterly along the Easterly line at silo laud OL Louis Nomutt, the ful1o.in4 1 DeearinIJ5 and distances: South 550 03. 311' East 98..40 feet, # page 5 MEODRD9114916.L[9M1kfrY Of wftTo,b. Tr/1Nd OM IMnMMO twdar ^CfOMY W THIS DOCLAUM INlif MiCflvm. EXHIBIT 'A' . r • ♦ .. . _ _ "_.f fa'r`ad BK 14178-Pc 1 172 a 12�SF6 8 15 os-122Hos9 1 f ' 1 South 670 58. 00a East 1250.77 feet, South 330 23. 10a East t 2232.42 feet; thence North 800 3U• DO- East 500.Uo teat; thence _ Nort.hesstucly in a direct line to the true point of beginning. i � C:rapt my Lh_:e[coe that portion lying Southeestarly of the ! Northeasterly line of the land oesccibe4 An a dead to the Sao { Diego Gas and Electric Company recorded March 4, 1964 in book 6948. page 462 of Utfieial Heeords. Also excepting therzfrom that portion lying Northwesterly of the Southeasterly line of that certain strip of laud '210.00 feet in width as described ,'g in a deed to tbu Orange county glow Control District, recorded January 21, 1938 in book 924, page 178 of Official ReCOcds. 3 also ascepting therefrom that portion of Section S. Township j p 3 Saute, Hang. 7 Gest, '.S. B. B. 6 M., described as follows; Beginning at tae most Northerly corner of lead described in -Parca2 2 of a deed to the Orange Couaty Flood Coatzol District, recorded July H. 1941 in book 1099, page 332 of Jtticial Hecocds, said point being a point on the Soucaeasterly Aloe of the 2SU toot .iia eaaanel described in the deed to the Orange County rlool Control District recorded January 1, 1938 iD book 924, page 17B of Official Records; thecc. South 250 c 02. 40. east 50.00 feet along the Northeasterly line of said ♦t parcel 2; thence Notts 6a1 57. 20- East '-0.00 feet parallel with the Southeasterly line of said 250 foot vide channel; ♦ thence North 250 02. 40a Nest 50.00 feet parallel with sail j' Nortbeaxce_ly line of Parcel 2 to the Southeasterly line o: said 250 foot aide channel; thanca South 640 57. 20- Nest SU.Oo Meet to Lbe point of b"aanang, as eonveynd to Paul Herbola oy deed recorded 5eptenoer 30, 1954 in nook 4431, page SUB of Official Records. i ?j Also excepting theretrom an undivided one-half interest in and to all oil. gas and other bydCD 4bOD substances In, Upon and under the herein described land together with one-half of �.,'� all rentals, royalties. bonus paywants and othar things of yalue now or hereafter accruing from said undivided one-half 41 Interest in and to said substances, 5ub3act, ho.ewwr, to the interest of Hugo A, rorster and Maria E. Forster, husband and - tj wife, as reserved in said deed recorded in book 2610, page 151 of Official Records, above shown; it being understood by ri and caca♦aen Howard L. Krum and Fay Wilson drum, husband and • wife, and Clarence C. geed and Margaret U. weed, husband and aite, that as to the portions of said lana conrered OF the above reservation to Hugo A. Forster and Marie E. Forster, buSbA04 and wife, said Clarence C. aced and Mergarat U. ward, husDand and wile, shall tar the pecion of Baia reservation, Paye a h �-xi.(.h yy♦x. ax 14 178 Pe 1 173 5a 126 810 OP-122u05Y Y C• ' 5 y i , own and possess an undivided d,,-h,l. of the one-half interest which Howard L. Krua and fay Y.rlsoa Krua, husband and rife, now own and possess in and to til. yas, and other hydrocarbon substances in, upon and under said Lind, together with income Accruing-t' iratro., and that attar the expiration of the tars i .. of said reservation to Hugo A. focstar and wLza. said Clarence - i C.. Reed-and dacgarat U. Beed, husband and wife, shall own an .. undivided one-half interest is all tho oil, gas, and othar hYICOCarbon substam. # in, upin and under said land, together with the income accruing th.•cetroa, all as set out and reserved t in the deed from Howard L. Krua any fay Jilson Krum, busbaod {_ and wife, recorded Jung 8, 1956 as lostrunent No. 79155 1. DOot.3539, page 550 of Official Rbtards, re-recordea July 20, . i 1956 as lustruaent no. 98524 iD boot 3584, page 339 of Offrcra.^, F Records, to wbacb teeocq reference is wade for fill particulars. Also excepting subsurface Yate[ rights, without however, the 5 Eight to convey pumped eaters over or within 50 feat measured ' vertically of the surface of said land, as reserves in the dead fro. Clarence C. Peed. It. D. and others, recorded January 4, 1966 in boos 7!96, page 741 of Otficial Records. i Also excepting theretroh an undivided one-half interest Ifor A term of 15 years from and after Noveaoar 1, 1952) in and to all oil, yas aad other Dydcoearboa substances in, upon and under Lite herein describad lana, toyather with one-ball of t` all rental royalties and bonus payments nor or hereafter ' accrwing from said undivided one-hilt interest an and to said substances, ua reserved in the deel recocdnd Na^ember 100 1953 as Iastrument No. 76517 in boor 2610, } pare 151 of Orcial : we Records. NoceAll rights to a depth o[ SOU rreG were yuitclaamad by deed recorded July L7, 1964 in noon 7134, gage - + 362 of Official Jecords. PARCEL 2C .� An easement for ingress and eyress over a strip of lana 30 feet i. '10th, the center lane of said strip being descrined i as 101LOWS. 1 Beginning at a point on the SOethwesterlY linty of tha land aescrabed in dee¢ to Paul der Duld, recorded December 11, 1956 Ln "at 3739, page 152 of Offarial Records, said point being i mocth 600 58. Do- jest 99.55 Ieet trim a 2-inch iron pipv on said Southwesterly line which Dears South 600 58. Do- East ' 53D.02 feet truce the westerly corner or said BecDold lana; thence North 370 591 IU- East 125.50 feet; thence North 620 - 12. 10' Cast 449.24 feet to i point On the POttbeastecly line Page 7 i BK 14178 PE 1 174 )c JJ!S S 17 7 OR-121tl059 xl ZJ , Y oL said RacbOld Land said point being Nortb 600 58. DO- West 10.07 feet fro• a 2-inch icon pipe on said Northeasterly lane which bear South 600 58. 000 East 530.02 feet from the most 9orther.ly,corntc of said Herold Land. (Sanado Road extended). E/ Excepting therefrom that portion included within that certain scrip of land 150.00 feet in width, as described in a deed to Y:1 the San Diego bas and Electric Cuspahy, recorded March 0, 1964 `. in nook 6946, page 462 of Official Yecoras. t r PARCEL 3: �} That portion of Sections 5 and 6, Township 8 South, Range 7 a West of the S. B. tl. b fl., according to the Ofticial Plat of ^d said land filed in the District Lead Office April 12, 1875 described as follow; i . Commencing at a point on the Southwesterly line of the Rancho dissiou Viejo, Sonth IUO 02. 230 East 2855.17 teat fro. its intersection with the line beteeen Township 7 South, Range 7 Best, sad Township B South, Range 7 JeSL of the S. B. B. G .4 as shown on a map filed in hoot 9, pages 15 -to 22 inclusive aL of Rweord of Surveys, in the office of the County Recorder of I - seid Oeaage County. being the ioucheaaterly eo_aer of land . described in deed'to Pierre Lacouague tOCOrdea October 1S, 1927 is Doak YY, p,ge 5 of Official weCOrdS; thence South 700 02. 000 Rest 2466.50 feet to the most Southerly corner of land t.V described in deed to D. L- .ftarshouca retarded November 27, w�v 1931 in boom 523, page 105 of official Records; thvhce South `.3 310 22. 280 fast 50U,42 feat to the Southerly corner of the � land conveyed to Paul Uer DOld by dead cecucded September 5, .4 i3 1957 in boot 4026, pale 483 Or Ott,ctaL Records, said point also being the true point of ba9Lnhin9; thence North 600 SO 000 Lest 2945.60 teed thence North 370 59' i0` East 131.06 feet; chance North 624 12' 14- fast 442.65 f_et; thence South 600 58. OO- East 27.99 feet; thence North 49- 2u' 300 east LYj 1226.44 feet, thence North 160 39. 30^ vest 504.70 feet ro a y�n 5 Point on tae Northerly line of lead described in deed to Orange '•' �• County Tcwst aw Sav u.ys 4-19, recorded April 13, 1920 in book 358, page 3b4 of Deeds, distant Westerly 400.0: fuet from the most Norcheely corner of said land of D. L. darshbucn; tnence r South 630 15m 000 Jest 2661.57 fret along the Noct6erly Llbe Of said land of Orange County Trust and Savings Bank to be • '� most Lascecly corake of land described rn deed to JOAO J. •tf Hatrison, ceeordeO rebcuacy 10, 1921 in book 374, page 16 or Deeds; thwhee South 420 52' VU- West 495-25 feet to Che '. Northerly cocnee of land aescrided in deed to L04LS WOs.uti and wife, rVCQLddd June 12, 1943 in DOdk 1189. Paye $On of Paye tl x M BK 14 178 PC 1 175 UR-11ttl 0'�9 Official Records; thance Southbastarly along the Easterly lana +• .at said land of Souls Romoff, the fol3.oridg beaciu9s and . . distances; South 554 03. 30- East 903.40 feet South 674 Se. - 00w East 1250.77 feet, South 33e 23. 10' East 2232.42 feat; { thence t ;th Joe 30• Dom East 500.00 feet; thence Northeasterly 3i to a direct line to the true paint of beginning. t EYeeptlag therefcon that portion lying hortbeascacly of cau Southwesterly line of that certain scrap of land 150.00 teat 4 in width, as described in a deed to the San Diego Cas and Electric Cou party, recorded narch 4, 19b4 in boot 6948, page 462 of Ofticaal IIecocds* Also aIcepting therefrom that pottioc lying Northwesterly of the Southeasterly line of that certain scrip of land 250.00 -� p teat in widtb as described in a deed to the Orange County �. Flood Control Distract, recocdad J.nuary 21, 1938 in Door 924, page 178 of attic ' Reccrds. Also excepting therefrom that pOrtiOa lying Southeasterly of the fat 1cw.ing dw5<r1Ded land: ueginhing at the most Northerly corner of Tract No. 5974 as ishown on a nap recorded in boot 222, pages 1, 2 and 3 of niscellaoeous daps, records of Ocauge County, Calltornia, o& j�,` G being a point in the ceutscllns of Sin Juan Crebt Road as show& said nap; thence along the Northeasterly prolongacton i(•Q4j,. of said centerline Notch 594 00• 00- East 206.44 feet to the _ beginning or a t4n4ent curve concave Northwesterly having a radius of 5000.00 teat; thence Northeasterly along said curve A through a central angle of 040 46. 21" ad ace distance or M i 416.48 tier; cownce cauyenc to said curve North 540 15• 39` { East 71.46 feet to the Southw'astecly line of dead to the San a Diego Cas and Electric company recorded larch 4, 1964 to boot J !— 6948, paj.+ 442 at Utiictal Uecards. Also eaceptiay thecetcoa that poctaon of the Las'- pelt It the Southeast quarter of Swction 6, Township 8 South, Range 7 Nest, S. B. B. 6 n., described as :ollowa: beginning at a point in the westerly boundary lane of that �4 certain parcel of land desertoad w5ttw in the Uecrea of j{ Settlement regia Ned august 5, 1949 in boot lb85, page L02 of Ortielal Neeoras, Said point being distant North 554 03. 3J" west 03 feat from the Suutheastwcly end at the course uesc[iuwd 1n said decree as' 'runnio9 South 550 03. 3U' East 9b3.40 fawt'; thence North 550 U3. 3Uw nest, along said boundary late, ble teat; thence North 340 56. 30' East 50.00 teat; thwncu :Ruth Paye 9 y+6. b- 'f t '•( 3K 14 178 P9 1 176 it I.;iCSiE u 19 Ud-111vU�`1 r 5,.0 514 UQ" east 51u.72 Leet; thence SJutii 510 $2. OU" t..st 112.78 coot; tnunea South 590 U2' SO- :est Lg.76 raet to a point of . -ginning, is described in reit certain ayreesnnc recorded Jinuary 22, 3954 in nook 1655, pd{w 572 Or OtLLCial kecords. A160 UACayting thvrefl'nw 60 un1lvI1Qd one-halt inka(eSL (tur •�� a Loc. Ot 15 fairs true and Itte[ pdve.oex 1, 1912) in and to Ill oil. gas and cc), hydroCart:an LYLatinCa•S ln, apbn a..d under Che hwrela dTSCribed IaAI, tagether with Inti-Aalt at �pVti all rental rayaltsas ;nd bonus payments now or bareactur ,7 accruing trom said undivided one-halt interest to and to said 7 sunstabees, as rwsatved an tae need recorded Novaebec LU, 1953 as ins cc uwant No. 76517 in coot 26101, page lSl of Otic tai ),w-ords. dote: all rights to a depth of oOU rivet were guatelaimed by deed recorded July 17, 19b4 in ooaK 7139, p,qa 362 or OCtaClal 2+cord S. Also excepting therefrom an u�iivaled onx-halt antwr i,>t 1v 7Tt ani to all oil, gas and oche[ aydraCacbon suust:ocas In, upon # - Ina under the herein described land tugeehwc vita one-na1L or v; t.fZall nrayelcaws, annus payments and other thioof { :aluma vowow or of brC eatear aeeruaag free said m.daviUed one-bait-salt �.•Y lotrrbSt In and t0 Said Suostaaees, Su03oct, A...ver. t0 Che �Z interest of Uujo A. eurster ani Marie E. fucatae. busbana and +ira, as reswcvad in said dead req Clwd in boot 2610, ,agw 151 of otiactal 'aecocas, above scorn; at oeing uuayrstood by `? and awtrern Howard L. Kana and Fay utlsou Krum, husband mad It aha Clarence C. Owed and narg.icwt U. iieed, ousoand and -.ltw, that as to the portions ar Sud land convwced by the ihavd caserviticia c0 Hugo A. Y2rst2r and Marie i. for>tec, +!• husband and rite, sass Clarene2 C. meed and nnryacet U. Ae atl, husband and ware, shill car the yeCiad 0, said cos. ,vacian, nun and possess in undivadea one-h.lf ar the one-4.111 Lnierest whlcb HdwwCu L. KCdr and Fay Walsuv ALUM, hw\b-.na ,nd wlte, now orn too puss, ;s in and to all, gas, Ind Othwr hy2r Jca[Oen �N S.01r."ces an, upon ind under said iand, tigecner with incuae accruing tuorerrow, and chat attrc the Umplr.tidn or Cnc term at said rw3vtvitiob to Hugo A. Fatst+L Abd wite, ::aid Clirence C. Weed +hd nargacet U. Wead, buauinl and +ata, s4411 own an {:ndLwtle•I aha-halt Interest In all Cho ell, yes, and Wl'rc by]rOCArbnn subst'lbcrz 'n. upon and under said land. tbget Lir wits the Incoaa accruing therl•t[bm. all is Sit Out and tc'i:•t r,•i 1n tae dell crow HJward L. Xcu• and fay witson Krum, nuLoaoa and vire. rwcocded June H, 1956 is ln5truawnt Uo. 79an5 in coax 353H, pagw 55U at Ottlrtal We COCUS, rx-CL•rOLJed avLy lu, vyU iu tt k. i, oil BK14178PG1177 ' f OF-I L'L dUSY 1956 as [nstrurent No. 98524 in bout 35b4i Page 339 of Uft ulaL Records, to wtich record reterance is male for full pac'tlealars. Also excepting all subsurface voter raghts, without however, the right to convey pumped waters over or .1zhln 50 feet waAsurea vertically of the surface of said land, as reserved In toe deed fro• Clarence C. Rrwd, h. U. and others, tecdrded January 4, 1966 In book 7796, gage 741 of Otflcldl Fetwrds. PAUCEL 4: Ad ubdaradad 1/2 Interest in and to that certain well, all sate and aqulphent located on chat portion of the East halt at the Southeast quarter of Section b, Township d South. Range 7 Nest. S. U. U. 0 n.,. desccLD'ad As follows: I Beginntn9 at a point In cue wester Ly boundary Line of that certain parcel of land described '5th" in the Decree of •. Secclwmont recordel August 5, 1949 It boor 10U5, pays 102 of O•.t lclal Hzcorls, said point bxltlq distant NOC[n 550 03. 3u' � west 83 feet from the Southeasterly wad of the course descrloea �- In said decree as 'running South 55° 03. 30' Casc 983.40 ta.L': thence North 510 03. 3Uw was,, along said boundary line, 6tH + feet; chane North 34° 56. 30' East 50.00 feet: tneuce SJUL4 Sha S3• UO' East 534e72 Leet; them. South 31' 51. 00. last 112.78 feet; thvuca South 590 02. 3u' west 24.78 Leet to a point of bwglnhany, as more parcaculdriy described to Laic 1 certain lg:eement recorded JIn4Ary /2. 1954 In °Jot 1675, pdge 572 of Ufflcial deCprds. i kiSu excepting t°ecetrow as unilvllel one-halt Interest In *no to all 011, gas and other ayjrlelrbon suootances In, upon v.a undwr cne hvcwln descrlbad 14DU Lugecher with one-halt ut 111 c:-..tals, royalties, bonus ,Aymants and otucr things Of value now or necwattvr accCuing [cam ::dld undiwLded ana-nett tnteewst in ani to sill subsLauee3, 5Yb3ect, nJuaver. to taw Lncece5t of dugo A. ForsLer and durle E. Forster, husbend and wlfw, As resarved Ib said deed racirdel in DJuc 2610, page 1S1 0[ utf LclaL :. cords, above shown; It owing uuoerstbol by l lid betvawa Howard t.. Krum and Pay lalsun r.cum, husb4nd trio wife, dna Clarence C. Feed and ntrjacwt U. 21e3, h"'Udnu and wl.e, tale as to the potu ons Jf x141 lane covered by the 1Dara ewservatton to Hugo A. Fester and hdrie Y. Fo[.Lwt. hnsDand and site, said Clarence C. Need and Iargaret U. dried, hubbana slid wife. Shall tov the ferlid or Said CJ SatYaL1J11, own and posses an undlvioud Ole-Alit OI tae unc-hdlf late host which lloward L Krum and, Fay ULLSOU Krum, husbana an.l .ire, now aub alto pn swss in and to OIL. 91x, 1b4 oth.0 nylrocaruun ply¢ 11 A, i �a ,�i BK 14178m1178 i Ok-121dOa9 suostanees in, upon and under said Laud, together with income accruing eheruflom, and that after the expiration of the term Of said reservation to Hugo A. Forster and wife, said Clarence C. Rewd and Maeyarat U. Reed, nuSolnd and wltw, shall own an u ndLvidw.. oua-halt icterast to all the oil, gas and otner IJI 7; bydcoearbon suostahcws in, upon .end under said land, together with the lucome accruing tberelcnm, all as sec out and reserved in the deed from Howard Le <rum and Fay Wilson Atum, husband and wife, recorded Jun. U. 1'7S6 as Instrument No. 79155 an bout 3538, page 550 of Octicial iacucds, re-recorded July 10, .p 1956 as Lnscrumeat So.. 9e S24 in uouf 3584, page 339 at Orticial keeords, to which record teference is vale for full particulars. tt Also a<eepciny all watr.r rayht� ac as in y, accruing, wxeacasaa J or evileucad by tns. toting of eater from cne wall and well -� site above described, and all suosurf.cw water rights by reason of ownership of the above described and oche[ land, ..thOdt 'f the right 01 grantor to drill or other.ise proluce a water well from the surface of said lauds, and wituo4t 6.e tig.t a[ +• srantor to pump said water from the well and well site aoove , 4 deserioed, at cu convey pumpad waters over or within 50 feet ` mwasuLod vertie.11y, oc the surtae, at said lams: all suo)vee, bowwver. to that certain agreement dated bw.:ember 30, 1953, 1t wy between Howard L. acus and Fay :alsun arum, patties Of the tirst part, 1111 8uyb A. Fdrwter ant F.arte E. Forster, parties & 3^ of the Second part, recorded on Jawuary 22, 1954, u. boot 2655, page 572 of Ofricial Recbros u1 said Orange County, ac i reserved in the dc.d from Clarence C. Read M. b, a•ld otaeas, •`�% recorded Jauuacy M. 1966 in nowt 7796, page 741 or Official Records. �.g u S I f 3.: .. a i t. OF R D D0Gt1M1" �: LINE DATA ��`` SOUTHEASTERLY LINE SAN DIEGO GAS & ELECTRIC 0 BEARING DISTANCE QA NB6'18'19'E 74,66' �� \i Am BQ N61-09'48'E: 108.68' © N56't2'03'E 155,77' O N52.30'15'E 177.31' HOFFMAN ` O N54.21'46'E 186.12' p-1 W TR 9786 L 9L A= 5000.0 t^ N R = 5000.00' \d L = 416.48' F 9 Z HOFFMAN SCALE 1' = 80' AMPUEHL " - PARCEL 1 SCHOOL (ROMOFF) PARCEL 2 RIGHT OF WAY SAN JUAN CREEK ROAD TAR FARMS, SAN JUAN CAPIS7RAND TR 9786Copistrnno Engineering Inc. " TR5974 \ mlu.vic />:/9l VILE � F M IMA OTlos �,� �� Y � ,w.. �.... .. � ;?y I.f ,.: .. '.� -. . i ;r_ J• �\ d . n �,_'. rr f J "�; r,' _. � w ,` ' r� �`s� ,,� � _ . " , - ., ���� � , �, `1 \n�i ,f Lr- t 3r .. _ i � _ EXHIBIT A SAN JUAN CREEK ROAD GRANTED BY WALTER AND PATRICIA HOFFMAN AS TRUSTEES OF THE HOFFMAN TRUST PARCEL 1 - PHASE I IMPROVEMENTS AN EASEMENT AND RIGHT-OF-WAY FOR STREET, PEDESTRIAN WALKWAY AND BICYCLE LANE PURPOSES, ACROSS AND THROUGH THAT PORTION OF SECTION 5, TOWNSHIP 8 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN JUAR CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE ON APRIL 12 , 1875, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF TRACT 5974, AS SHOWN ON A MAP RECORDED IN BOOK 222 PAGES 1, 2 , AND 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, BEING A POINT IN THE CENTERLINE OF SAN JUAN CREEK ROAD, AS SHOWN ON SAID MAP; THENCE NORTH 55'03 ' 30" WEST ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO LOUIS ROMOFF AND WIFE, RECORDED JUNE 12, 1943 IN BOOK 1189 , PAGE 508 OF OFFICIAL RECORDS, 56.95 FEET; THENCE DEPARTING SAID EASTERLY LINE NORTH 86"18 ' 19" EAST 74. 66 FEET; THENCE NORTH 61"09 '48" EAST 108. 68 FEET; THENCE NORTH 56°12103" EAST 155. 77 FEET; THENCE NORTH 52 ° 30113" EAST 177 . 31 FEET; THENCE NORTH 54 °21' 52" EAST 186. 11 FEET TO THE SOUTHWESTERLY LINE OF DEED TO THE SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED MARCH 4 , 1964 IN BOOK 6948, PAGE 462 OF OFFICIAL RECORDS ; THENCE SOUTH 67°42129" EAST 41. 26 FEET ALONG SAID LINE TO THE MOST EASTERLY CORNER OF THE LANDS DESCRIBED IN A DEED TO WALTER HOFFMAN AND PATRICIA HOFFMAN, CO- TRUSTEES OF THE HOFFMAN TRUST, RECORDED AUGUST 12 , 1981 IN BOOK 14178, PAGE 1170 OF OFFICIAL RECORDS, BEING A POINT ON THE CENTERLINE OF SAN JUAN CREEK ROAD; THENCE SOUTHWESTERLY ALONG THE SOUTHEAST LINE OF THE LANDS OF SAID DEED SOUTH 54 °13 '39" WEST 71.46 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 5000.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04046 ' 21" AN ARC DISTANCE OF 416. 48 FEET; THENCE TANGENT TO SAID CURVE SOUTH 59° 00100" WEST 206.44 FEET TO THE POINT OF BEGINNING. �O PROFESSjo',v a Pp K t Fac W T ¢ O. 1688 Exp, 12/31/92 Sp Civit ��P /TF OF ATTACHMENT 2 EXHIBIT A (CONTINUED) SAN JUAN CREEK ROAD GRANTED BY WALTER AND PATRICIA HOFFMAN AS TRUSTEES OF THE HOFFMAN TRUST PARCEL 2 - PHASE II IMPROVEMENTS AN EASEMENT AND RIGHT-OF-WAY FOR STREET, PUBLIC UTILITY AND MUNICIPAL PURPOSES, ACROSS AND THROUGH THAT PORTION OF SECTION 5, TOWNSHIP 8 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE ON APRIL 12 , 1875, MORE PARTICULARLY DESCRIBED AS FOILOWS: A STRIP OF LAND 52 . 00 FEET IN WIDTH, LYING ENTIRELY NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST NORTHERLY CORNER OF TRACT 5974, AS SHOWN ON A MAP RECORDED IN BOOK 222 PAGES 1, 2, AND 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, BEING A POINT IN THE CENTERLINE OF SAN JUAN CREEK ROAD, AS SHOWN ON SAID MAP; THENCE ALONG THE NORTHEASTERLY PROLONGATION OF SAID CENTERLINE NORTH 59 °00 '00" EAST 206. 44 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 5000. 00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°46 ' 21" AN ARC DISTANCE OF 416 . 48 FEET; THENCE TANGENT TO SAID CURVE NORTH 54"13 ' 39" EAST 71. 46 FEET , ALL AS SHOWN IN A DEED TO WALTER HOFFMAN AND PATRICIA HOFFMAN, CO-TRUSTEES OF THE HOFFMAN TRUST, RECORDED AUGUST 12 , 1981 IN BOOK 14178 , PAGE 1170 OF OFFICIAL RECORDS, TO THE SOUTHWESTERLY LINE OF THE LANDS DESCRIBED IN A DEED TO THE SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED MARCH 4 , 1964 IN BOOK 6948 , PAGE 462 OF OFFICIAL RECORDS; THE SIDE LINES OF SAID STRIP TO BE SHORTENED OR LENGTHENED TO TERMINATE AT SAID SOUTHWESTERLY LINE OF DEED TO THE SAN DIEGO GAS AND ELECTRIC COMPANY AND THE EASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO LOUIS ROMOFF AND WIFE, RECORDED JUNE 12, 1943 IN BOOK 1189, PAGE 508 OF OFFICIAL RECORDS. QNOFESS�O�� m No. 316B8 Exp. 12/31/92 STq CIVIL ��P lF 0F CAL�FOP _:.... :� , .- - - - - . .. . . . . ATTACHMENT NO. 3 D RIPTJON OF IMPROVEMENTS Grantee shall complete the following Improvements in the Easement Area: 1. Removal of 135 linear feet of existing chain link fencing ; 2 . Repositioning of fence 4 feet nuLth of original location, repairing any damaged rails as needed; 3 . Relocating inner corral gate to allow access between corrals ; 4 . Installing 285 feet of new wood fencing along inner roadway (fence to match existing wooden 4 foot fence along San Juan Creek Road) ; 5 . Grading and laying asphalt from south bike lane to end of chain link fence (approx. 450 feet of asphalt) ; 6 . Grading and laying asphalt walkway (400 ' x 4 ' ) between west entrance and new continuation of bike path. 08/ 15/91 6642u/2658/000 -lo- Recorded at the Request of Documentary Transfer Tax and Return to: No Tax Due Recording Requested Per CITY CLERK'S OFFICE Government Code Section 6103 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 CHERYL JOHNSON CITY CLERK CITY OF SAN JUAN CAPISTRANO Project No. : Project: San Juan Creek Road EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WALTER HOFFMAN and PATRICIA HOFFMAN, husband and wife, as trustees of the HOFFMAN Trust, do hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, a perpetual easement and right-of-way for street, public utility, and municipal purposes in, on and over the real property in the City of San Juan Capistrano, County of Orange, State of California, as described in "Exhibit All, attached hereto and by this reference made a part hereof. BY: DATE: Walter Hoffman, Trustee Hoffman Trust BY: DATE: Patricia Hoffman, Trustee Hoffman Trust Attachment 4 EXHIBIT A SAN JUAN CREEK ROAD GRANTED BY WALTER AND PATRICIA HOFFMAN AS TRUSTEES OF THE HOFFMAN TRUST PARCEL 1 - PHASE I IMPROVEMENTS AN EASEMENT AND RIGHT-OF-WAY FOR STREET, PEDESTRIAN WALKWAY AND BICYCLE LANE PURPOSES, ACROSS AND THROUGH THAT PORTION OF SECTION 5, TOWNSHIP 8 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE ON APRIL 12, 1875, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF TRACT 5974, AS SHOWN ON A MAP RECORDED IN BOOK 222 PAGES 1, 2, AND 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, BEING A POINT IN THE CENTERLINE OF SAN JUAN CREEK ROAD, AS SHOWN ON SAID MAP; THENCE NORTH 55003 '30" WEST ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO LOUIS ROMOFF AND WIFE, RECORDED JUNE 12 , 1943 IN BOOK 1189, PAGE 508 OF OFFICIAL RECORDS, 56. 95 FEET; THENCE DEPARTING SAID EASTERLY LINE NORTH 86° 18 ' 19" EAST 74. 66 FEET; THENCE NORTH 61°09 '48" EAST 108. 68 FEET; THENCE NORTH 56'12103" EAST 155.77 FEET; THENCE NORTH 52 °30113" EAST 177. 31 FEET; THENCE NORTH 54 °21' 52" EAST 186. 11 FEET TO THE SOUTHWESTERLY LINE OF DEED TO THE SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED MARCH 4 , 1964 IN BOOK 6948, PAGE 462 OF OFFICIAL RECORDS; THENCE SOUTH 67'42129" EAST 41.26 FEET ALONG SAID LINE TO THE MOST EASTERLY CORNER OF THE LANDS DESCRIBED IN A DEED TO WALTER HOFFMAN AND PATRICIA HOFFMAN, CO- TRUSTEES OF THE HOFFMAN TRUST, RECORDED AUGUST 12, 1981 IN BOOK 14178, PAGE 1170 OF OFFICIAL RECORDS, BEING A POINT ON THE CENTERLINE OF SAN JUAN CREEK ROAD; THENCE SOUTHWESTERLY ALONG THE SOUTHEAST LINE OF THE LANDS OF SAID DEED SOUTH 54"13 ' 39" WEST 71.46 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 5000. 00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04046'21" AN ARC DISTANCE OF 416.48 FEET; THENCE TANGENT TO SAID CURVE SOUTH 59°00100" WEST 206.44 FEET TO THE POINT OF BEGINNING. PROFESSION 0. 1688 * Exp. 12/31/92 r� CML P ^ITFOF CA \FOQ,`a EXHIBIT A (CONTINUED) SAN JUAN CREEK ROAD GRANTED BY WALTER AND PATRICIA HOFFMAN AS TRUSTEES OF THE HOFFMAN TRUST PARCEL 2 — PHASE II IMPROVEMENTS AN EASEMENT AND RIGHT—OF—WAY FOR STREET, PUBLIC UTILITY AND MUNICIPAL PURPOSES, ACROSS AND THROUGH THAT PORTION OF SECTION 5, TOWNSHIP 8 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE ON APRIL 12, 1875, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 52 . 00 FEET IN WIDTH, LYING ENTIRELY NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST NORTHERLY CORNER OF TRACT 5974, AS SHOWN ON A MAP RECORDED IN BOOK 222 PAGES 1, 2 , AND 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, BEING A POINT IN THE CENTERLINE OF SAN JUAN CREEK ROAD, AS SHOWN ON SAID MAP; THENCE ALONG THE NORTHEASTERLY PROLONGATION OF SAID CENTERLINE NORTH 59°00 ' 00" EAST 206. 44 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 5000. 00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04"46 ' 21" AN ARC DISTANCE OF 416. 48 FEET; THENCE TANGENT TO SAID CURVE NORTH 54013 ' 39" EAST 71.46 FEET , ALL AS SHOWN IN A DEED TO WALTER HOFFMAN AND PATRICIA HOFFMAN, CO—TRUSTEES OF THE HOFFMAN TRUST, RECORDED AUGUST 12, 1981 IN BOOK 14178, PAGE 1170 OF OFFICIAL RECORDS, TO THE SOUTHWESTERLY LINE OF THE LANDS DESCRIBED IN A DEED TO THE SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED MARCH 4, 1964 IN BOOK 6948, PAGE 462 OF OFFICIAL RECORDS; THE SIDE LINES OF SAID STRIP TO BE SHORTENED OR LENGTHENED TO TERMINATE AT SAID SOUTHWESTERLY LINE OF DEED TO THE SAN DIEGO GAS AND ELECTRIC COMPANY AND THE EASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO LOUIS ROMOFF AND WIFE, RECORDED JUNE 12, 1943 IN BOOK 1189, PAGE 508 OF OFFICIAL RECORDS. O&OFESSIOnnq ewe-�PPK ��@S �Fti c m No. 31688 � Exp. 12/31/92 * `rTyT CIVIL FOFCAO�- ! JOG* • il I MEMS THE CITY COUNCIL LA LAWRERE NCE F BUCHH EIM KENNETH E FRIESS OIIIIO UfE %/ GARY L HAUSOORFER ice/ ` Alp AlpA!!(p If ulluuxm 1961 Ga JONES 1776 JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN December 18, 1991 Joyce Hoffman TAR Farms 28411 San Juan Creek Road San Juan Capistrano, California 92675 Re: Agreement Regarding Grant of Right-of-Way Dear Ms. Hoffman: Enclosed for your files is a copy of the recorded "Agreement Regarding Grant of Right-of-Way. " If you need any further information, please let us know. Very truly yours, Cheryl John on City Clerk Enclosure 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 v MEMBERS OF THE CITY COUNCIL LAWRENCE F RUCHNEIM KENNE T DRUDUSE - GARYI, HAUSDORFER JAIOAH A9110 ISI 1E . 1961 GIF JONES S 177676 JEFF VASOUEZ • CITY MANAGER I STEPHEN B JULIAN October 31, 1991 Mr. and Mrs. Walter Hoffman c/o Rich Wordes Wordes, Wilshin, Goren & Conner 31 Journey Street, Suite 200 Aliso Viejo, California 92656 Re: Agreement and Easement Deed for Dedication of Road Right-of-Way Along San Juan Creek Road Tar Farms Dear Mr. and Mrs. Hoffman: At their regular meeting held September 3, 1991, the City Council of the City of San Juan Capistrano approved the agreement and accepted the easement relating to dedication of right-of-way along San Juan Creek Road for installation of a pedestrian/bicycle lane. A fully-executed copy of the agreement and the deed are enclosed for your files. A copy has been forwarded to the Orange County Recorder's Office. Thank you for your assistance in this matter. Very truly yours, Cheryl IL viv"ri' Y City Clerk Enclosure 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 Douglas Dumh rt, Manaq ant Assis nt I, pre ted th staff report and of d the ccess wi the Pha pilo are . Final adopt on of Ph s II is s h duled f ovemb r 199 , with implem nt tion x ected be w en April a June 1 92 . Joan Scara tin , 27 4 Ortega hway, i ired b ut t revenues an a pens s enerate b the pro r m. M umha explained a alth u the Ci y obtains a ates r m so Disposal, he progr m essentia 1 operate t a t s to e City. ADD ov o ontradt t nsio It was mov y Cou c' lman Ha u d rfer, se ded b ounci an Jones, and u animo s y Carrie hat the cycli g Agree nt between th City a d Solag Di osal be tended o June 0, 1992. Th ayor n City Cl were a horize to ex cute the agree t on b if of t e City. 4. AP OVA AGRE DEVE PMINT COMPANY G 0 OdEss 0 D ITO HEIJICO R H (600.301 Written u ' ca Report ted Sep ember 3, 991, fro the sista t C ty Manager, forward g an a reement tween he C'ty and Marbell Developm nt Compa which p vides a Cit with a cash pa ant in a amoun of $95, 1 to c r gra ing nd const ion of he acce s road t the 1 teau area of Helico t r Hill the Ci Mr. S a boroug noted a modif c tion to the propo ed Agree e , at reques of the d v lope lari ying t at the ev loper s not re fired to r vide the Ci with ny othe a ass f om any of a prope ty owne by the develop r. AnD ova t: It as oved y C uncil a Hausd fe se and d Counci man Jo es, nd u ani ousl c rried hat the Agra m t Regar inq Ac ess to elic pter Hi 1 be ween th Cit nd Marb lla D elo ant Comp y a prov as mo ifie roviding the C ty w'th cash pa ant in a am u of $ 5, 100 to c ver adin a d cons ion of he ac e s road o the pla eau rea o licopte ill a Cit . 5. AGREEMENT BETWEEN CITY AND TAR FARMS FOR DEDICATION OF ROAD RIGHT-OF-WAYO (600330) Written Communications: (1) Report dated September 3, 1991, from the Assistant City Manager, recommending that an agreement between the City -12- 9/3/91 • s and Tar Farms be approved dedicating the road right-of- way along San Juan Creek Road to allow the City to complete the remaining portion of the bicycle and pedestrian path along San Juan Creek Road. (2) Supplemental Report dated September 3, 1991, from the Assistant City Manager, forwarding the final draft of the Agreement, with a modification that increased the limit on the fees to be reimbursed by the City to the Tar Farms attorneys from $600 to $800. Approval of Agreement and Appropriation of Funds: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, and unanimously carried that: (1) The agreement between the City and Tar Farms be approved for the dedication of road right-of-way along San Juan Creek Road, with the modification to increase the limit on the fees to be reimbursed by the City to the Tar Farms attorneys from $600 to $800; and (2) Funds in the amount of $8,270 be appropriated from the General Fund Reserves for the construction of the bicycle/pedestrian path on San Juan Creek Road. Mr. Scarborough indicated that completion of the road is expected by October 1991. DIRECTOR OF PLANNIN.Q SERVICES 1. A F ING PRO OSED E U O ER E MAURERJ (42d.4 j W Re rt da d eptember 991, fr m he Direc o of lancing S ices, r arding an a inistr i e hearin o co sid an peal o he Planni g irecto ' determi on equ'ring at an r hitectural ntrol a ication a ved rior t the i ance of gr ing perm s for a 15 00+ ar foot M lti-p ose struc e, in a ordance wi h Mun'cip 1 Code S ction 9-2.301 an 9-2.306. rk Maurer oral rope tie 484 Yorba S ee , Sui 2 3 us i , CA 9 81 ibits were on display, and Mr. Tomlinson reviewed the history of the project's planning process. -13- 9/3/91 • A AGENDA ITEM September 3, 1991 TO: STEPHEN B. JULIAN, CITY MANAGER FROM: GEORGE SCARBOROUGH, ASSISTANT CITY MANAGER SUBJECT: AGREEMENT BETWEEN THE CITY AND TAR FARMS FOR THE DEDICATION OF ROAD RIGHT-OF-WAY ALONG SAN JUAN CREEK ROAD SITUATION: In connection with the construction of the Dividend Development project on San Juan Creek Road an off-road bicycle and pedestrian path along San Juan Creek Road was installed for most of the length San Juan Creek Road east of La Novia. However, the City did not have full road right-of-way over an approximately 700 foot section of San Juan Creek Road that borders Ambuehl School and the bicycle path could not be constructed for this portion of San Juan Creek Road. With substantial portions of Dividend Development homes completed and occupied and with Ambuehl School back in session, it is important that the bicycle and pedestrian path be completed in order to provide the safest route for children to walk or ride their bicycles to school. The right-of-way dedication necessary to complete the remaining portion of the bicycle and pedestrian path involves property owned by Tar Farms. Dedication of right-of-wav City staff has engaged in extensive discussions with representatives of Tar Farms concerning the completion of the remaining portion of the bicycle and pedestrian path. Tar Farms has agreed to dedicate the full road right-of-way for the following considerations: 1. The City will not require Tar Farms or future owners of the property to make street improvements as a condition of development of the property. 2. Additional processing fees beyond the initial deposit of $1,760 for the City review of a revised site plan and lighting plan for the Tar Farms Conditional Use Permit will be waived. (amount to be waived is estimated to be approximately $1, 500) 3 . The City will extend the City installed and maintained drainage lines presently located on Tar Farms, in the event channel lining improvements are constructed upon San Juan Creek which would allow such extensions. 4 . The City shall reimburse Tar Farms for attorneys' fees FOR CRY COUNCIL AGEND#�Vl HIE incurred by Tar Farms for review and modification of the agreement and relative documents, which shall not exceed $600. 5. Tar Farms facilities which are presently located within the property to be dedicated as right-of-way will be allowed to be maintained until the City makes full road improvements. 6. The dedication will occur subsequent to the Planning Commission approval of the revised site plan and lighting plan for the Tar Farms Conditional Use Permit but prior to issuance of a building permit for the installation of new lighting. The revised site plan and lighting plan is scheduled for Planning Commission consideration at their September 10, 1991 Commission meeting and is recommended for approval by City planning staff. The draft of the agreement is receiving final revisions. The final draft of the agreement between the City and Tar Farms will be presented to the City Council prior to the September 3rd City Council meeting. Construction of bicycle and Pedestrian path The construction of the remaining portion of the bicycle and pedestrian path will be done by City crews. The cost of material for the project is $8,270. The project was not budgeted and funds should be appropriated from general fund reserves by the City council. Construction will begin as soon as possible after the execution of the agreement with Tar Farms. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: Not applicable FINANCIAL CONSIDERATIONS: Cost of right-of-way agreement: Waived City fees - $1, 500 Reimbursed Attorney fees - $ 600 Subtotal - $2, 100 Cost of path construction: Materials - $8,270 Total Cost - $10, 370 PUBLIC NOTIFICATION: Not applicable ALTERNATE ACTIONS: 1. a. ) Approve agreement between the City and Tar Farms for the dedication of road right-of-way along San Juan Creek Road, (final draft of agreement to be provided to City Council prior to September 3rd Council meeting) and, b. ) Appropriate from general fund reserves $8,270 for the construction of the bicycle and pedestrian path on San Juan Creek Road. 2 . Request additional information. RECOMMENDATION• a. ) Approve agreement between the City and Tar Farms for the dedication of road right-of-way along San Juan Creek Road, and, b. ) Appropriate from general fund reserves $8,270 for the construction of the bicycle and pedestrian path on San Juan Creek Road. jAspect lly submitted, rb o h st t City Manager • • f 2t ca(- 9/3 7� AGENDA STEM September 3, 1991 TO: STEPHEN B. JULIAN, CITY MANAGER FROM: GEORGE SCARBOROUGH, ASSISTANT CITY MANAGER SUBJECT: AGREEMENT BETWEEN THE CITY AND TAR FARMS FOR THE DEDICATION OF ROAD RIGHT-OF-WAY ALONG SAN JUAN CREEK ROAD Attached is the final draft of the agreement between Tar Farms and the City. The terms of the agreement is as reflected in the City Council staff report except that the cap on the amount the City would reimburse Tar Farms attorneys fees was increased to $800 from $600. This increase occurred because the City requested that the final draft be prepared by Tar Farms attorney in order to expedite preparation of the document. Tar Farms attorney's hourly rate and the City Attorney's hourly rate are approximately equivalent. R tfull submitted, Of 6V ough 6---4 r�� si a City ger �`�� e_