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1991-0504_TROPIVILLE _License Agreement92-130733 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 2:30 p.M. MAR 41992 ca Q• y�w*re�ZRecorder RECORDING REQUESTED BY AND WHEN RECORDING FEES RECORDED RETURN TO: GOVERNMENT CO City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 CHERYLA,/JOHN! LICENSE AGREEMENT Tract 13846, Marbella Crest, Barkley A.P. No. 650-391-07 AY& Lien c>s Other DUE TO DN 6103 THIS LICENSE AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and John C. West, Jr., President, Tropiville, Inc., a South Carolina corporation, hereinafter referred to as "Developer",' "Owner' Recitals: This License Agreement affects title to and runs with the land with respect to Tract 13846, Marbella Crest, City of San Juan Capistrano, County of Orange. agree City and Developer mutuallyxvsak?ecas follows: Grant of License. City hereby grants to Developer a license right to use a portion of an existing City easement for the purpose of constructing and maintaining a private storm drain connection which will provide drainage for the area adjacent to and including Paseo Elegancia within that certain subdivision known as Tract 13846, located within the City of San Juan Capistrano. The location of the City easement is further defined on Tract Map 13846 on file with the Engineering Division. Private storm drain is to be constructed by Developer within the City Easement area and shall be placed in accordance with directions of the Director of Engineering and Building and per the improvement plans for Tract 13846. 2. Hold Harmless. Developer shall hold City harmless from any and all claims or liabilities which may arise during the course of construction of the private storm drain or in the course of maintenance of said private storm drain. •1adojana(l aq1 Aq auloq lsoo e aq ((egs ure.Jp w1019 s,,(ljD aql ;o umlon-lisuooa.1 aql Aq pauoise000 UTelp w]O1S S,JadoIanap aql ;o uorleoopi ;o lsoo Auy •paldniialumn supewal adeuteap s,jadoianaa aqi legl os eaae luawasea aql uiglim uoTleooj al[s aleu.3alle ao; aptnoad iiegs Al!:) `inaoo uorlanalsuooai e Bons pinogS •luawasea pies uTglim umo sl! ;o ureap wlols 8uilsixa agl sionlisuooal AiiZ) aql Juana agl ur ureap wlols aleniad agl;o uoiieoojaj aql asneo'awil Aue le'oi lgd[a ag1 sanaasaa Al[Z) ule.l(l wJo1S 10 101iu07 117 'f 4. Successors in Interest. The License Agreement shall inure to and be binding on the heirs, successors, executors, administrators, and assignees of the Developer. 5. Term. This License Agreement shall continue in full force and effect unless terminated by mutual agreement of the Developer and City. DATED this I-P�' day of fUYlp , 1991, at San Juan Capistrano. ATTEST: APPROVED AS TO FORM: 1�c3w TOM CLARK, INTER[ ITY ATTORNEY STATE OF SOUTH CAROLINA COUNTY OF KERSHAW CITY OF SAN JUAN CAPISTRANO BY: K N FRIESS, MAYOR TROPIVILLE, INC. (DEVELOPER/OWNER) Y: JOH WEST, JR., PRES NT Sworn to before me by John C. West, Jr., this 31st day of May, 1991. danzl'fO/ /') - • Notary Public f South Carolina My Cmn nissiai Ef;,l; as i`rlay 1, 155§ CORPORATE ACKNOWLEDGMENT State of l } County of SS. JJJ OFFICIAL SEAL CHERYL. A. JOHNSON ,a la '^ NOTARY PUBLIC -CALIFORNIA Ofli COUNTY My a mm. expires DEC 13, 1993 � On this theca day of t% 19 -IL, before me, the undersigned Notal Public, personally appeared -A personalty known to me ❑ proved to me on the basis of satisfactory evidence to be the persorbkwFjp,!8;ntVyewit instrtas4�u�r ^C y''f'f.S='?, �,.� an 44n or o f ofthgcorporation ther�ln� w� named, and ac Un �e o me t ah t th9 co ration a °cute d. n�U WITNE, S my hand and official seal. Notary's ATTENTION NOTARY: Although the irdormetion requested below. is OPTIONAL, it ooild prevent THIS CERTIRCATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: certificate to another document. Title or Type of Document ( n g 0( .4 & _ /bq M o . HQ.iT Number of Pages 'Z Date of Document t� Signer(s) Other Than Named Above CORPORATE ACKNOWLEDGMENT State of S6W / G&!'Al / SS. County of I �.•PGfI/IL;✓ 111111 00 O NATU7 NOTA A550ClATION•8238Remmel Are.•PO.Bw71U-CarNoPo ,CA 913047184 On this the-' w day of the undersigned Notary Public, personally appeared NO, 202 19, before me, >( personally known to me proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as President or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. re 7120 122 NATIONAL NOTARY ASSOCIATION a 23012 Ventura Blvd. a P.O. Box 4625 a Woodland Hills, CA 91365-4625 ' 11 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO REAL ESTATE FORECLOSURE SERVICES 6101 BALL ROAD, SUITE 308 CYPRESS, CA 90630 Title Order No. 8019144 Trustee Sale No. 10928829 Reference No. 4106MARBELLA APN# SEE EXHIBIT 'B' NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 03415191 . UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLDAT A UBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 02/26/93 at 9:45 A.M. CAPITAL FINANCIAL CONSULTANTS, INC., A CALIFORNIA CORPORATION as the duly appointed Trustee under and pursuant to Deed of Trust, Recorded on 04/02/91 as Document No. 91-150517 Book N/A PageN/A of Official Records In the office of the Recorder of ORANGE County, California, executed by: TROPIVILLE INC. , A SOUTH CAROLINA CORPORATION, L.P. BARKLEY & ASSOCIATES INC., A CALIFORNIA CORPORATION, LES P. BARKLEY as Trustor PLEASE SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF , as Beneficiary WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH, (payable at time of sale In lawful money of the United States, by cash, a cashier's check drawn by a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state.) At: THE MAIN (NORTH) ENTRANCE TO THE COUNTY COURTHOUSE, 700 CIVIC CENTER DRIVE WEST, SANTA ANA, CA all right, title and interest conveyed to and now held by it under said Deed of Trust In the property situated in said County, California describing the land therein: PLEASE SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF. [A LOAN MODIFICATION OF DEED OF TRUST AND PRESERVATION OF RIGHTS AGREEMENT WAS RECORDED ON JUNE 1, 1992 AS INSTRUMENT NO. 92-364645, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.] The street address and other common designation, if any, of the real property described above is purported to be: VACANT LAND, DIRECTIONS MAY BE OBTAINED BY WRITTEN REQUEST SUBMITTED TO THE BENEFICIARY WITHIN 10 DAYS AFTER THE FIRST PUBLICATION OF THIS NOTICE AT THE FOLLOWING ADDRESS: CAPITAL FINANCIAL CONSULTANTS INC. ET AL., 30448 RANCHO VIEJO ROAD, SUITE 210, SAN JUAN CAPISTRANO, CA 92675 The undersigned Trustee disclaims any liability for any Incorrectness of the street address and other common designation, If any, shown herein. Said sale will be made, but without covenant or warranty, expressed or Implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with Interest thereon, as provided in said note(s), advances, If any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to -wit: $2,196,748.13 Estimated Accrued Interest and additional advances it any, will Increase this figure prior to sale. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located and more than three months have elapsed since such recordation. DATE: 01/26/93 CAPITAL FINANCIAL CONSULTANTS, INC., A CALIFORNIA CORPORATION AS TRUSTEE C/O REAL ESTATE FORECLOSURE SERVICES 6101 BALL ROAD, SUITE 308 CYPR , 90630 Jxl phone Nul er: (714) 821-3071 L. KENDALL, Th�C / 5 TS# -10928829 ORDER IfO: 8019144 EXHIBIT "A" MA1113ELLA CHEST/4106 001111 M. TARLC hNl) MAJISIIALL II. SACHS, TI'CC5 17130 Santa Monica Pediatric Medical Group, Inc. Employees Pension Trust as to an undivided 4.50oUo04 lhtere5LI RUSSELL W. CARIKER AND 14ARGARPT 0. CAIUKER, husband and Wife as commuhiL-y property ad to an Undivided 1.5000004 i.hLeresL; i)tlmtS A. RIIYNL; M.D. ,Trustee Saddleback Valley Otthopedic Medical Group Ptotit Sharlill Plan SegtegaLed Account t'BO Dennis A. Rhyne, M.D. as to ah undivid- ed 2.5000004 lttL-eresL; J. SCOTT SOUDERS, TTrE TOo J. Scott Souders Employee Retirement 'frust ad to an undivided U.7500004 illtetesLi JOAN 11.' SCNUETZ, M.D., TTEC tbo Johh 11. SchueLz, t4.b.; Inc. Emplbyee BehefiL• 'frust as to an undivided 2.50U000i inLareaL; NANCY 1. BROWN,'Cudtodian fot Melissa J. browli under the Uhirotm Gift- to Minors Act as to an undivided 2.50000004 ihLetesL! PETER bhhON 1311041, IRA Account as to an undivided 2.5000OU4 interesL; BUDDY 11013L""RTS, TTEE rbo Buddy Robetts slid AsdoclaLed betitted DehetiL 'frust as to an undivided 1.2500004 ittLeresL; BUDDY ROBCIITS AND,ViVINNNE ROBERTS, husband and Wire us commuldLy property as to an undivided 1.2500004 inter- est! CAPITAL PihANclAL CONS urADITS; INC., a California corpo- ration as to an Undivided B0.7500004 inLeresL. TS# 10928829 ORDER NO: 8019144 ALL OF TRACT PAGES 28-33, COUNTY. EXHIBIT "B" LEGAL DESCRIPTION NO. 13846 AS SHOWN ON A MAP RECORDED IN BOOK 679, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND, OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR,DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN SAID LAND, OIL OR GAS.WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACES OF SAID LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,' REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND FOR ANY PURPOSE WHATSOEVER, AS RESERVED IN THE DEED RECORDED MAY 9, 1988 AS INSTRUMENT NO. 88-215496, OFFICIAL RECORDS. PARCEL NOS: 650-392-01 - (Lot 1) 650-392-09 -(Lot 9) 650-392-02 -(Lot 2) 650-392-10 -(Lot 10) 650-392-03 - (Lot 3) 650-392-11 - (Lot 11) 650-392-04, - (Lot 4) 650-392-12 - (Lot 12) 650-392-05 - (Lot 5) 650-392-13 - (Lot 13) 650-392-06 - (Lot 6) 650-392-14 - (Lot 14) 650-392-07 - (Lot 7) 650-392-15 - (Lot 15) 650-392-08 - (Lot 8) 650-392-16 - (Lot 16) E MEMORANDUM TO: Tony Foster, Engineering Assistant FROM: Dawn M. Schanderl, Deputy City Clerk DATE: April 7, 1992 SUBJECT: Improvement Agreement - Tropiville, Inc. The Improvement Agreement between the City of San Juan Capistrano and Tropiville, Inc., signed June 4, 1991 and recorded on March 4, 1992 requires a $1,000,000 combined single limits general liability certificate of insurance and an additional endorsement form. I spoke to Rick Avery concerning the insurance on March 23, 1992. This is to inform you I have not received the certificates. cc: Cheryl Johnson, City Clerk ,( Theodore Simon, City Engineer 7 C'�py tri �u� `1 y�Qop�� sh�u� mac` tie caqa 1Q- dans U March 2, 1992 Orange County Recorder's Office Jwar► mlour"arto 1961 1776 Re: Improvement Agreement/License Agreement - Tract 13846 MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIES$ GARY L HAUSOORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN Enclosed is a check in the amount of $25.00 to cover recording costs for the two enclosed agreement. Very terrullyyours, Cheryl Johnson City Clerk Enclosure 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 dsift ■ ` ilt,fOAIAAAIIA �e,us.m ' 1961 1776 February 20, 1992 Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92702 MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B. JULIAN Re: Improvement Agreement and License Agreement - Tropiville, Inc. (Barkley) Gentlemen: The subject documents are enclosed for recordation and a check in the amount of $25.00 is enclosed to cover the recording fee for both documents. Thank you for your cooperation. Very truly yours, Cheryl Johnson City Clerk L. P. BARKLEY & ASSOCIATES, INC. 88 FAIRLAKE 714-733-8941 IRVINE, CA 92714 WOODBRIDGE OFFICE IS FARC B! BARRANCA, IRVINE, CA OU14 11100066011• 1:1 2 2000 24 71:0983 O304p4111 ..I 16-241983 1220(7) 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 �� 1155 IE February 20, 1992 Mr. Les P. Barkley L. P. Barkley & Associates, Inc. 1500 Quail Street, Suite 200 Newport Beach, California 92660 Re: Marbella Crest Estates Dear Mr. Barkley: Jean � - — n 000lrn flRuwo 1961 1776 MEMRERB OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY L HAUSOORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN Enclosed for your files are fully -executed copies of the License Agreement and Improvement Agreement approved by the City Council on June 4, 1991. The City Attorney has accepted the required bonds and the originals of the two agreements have been forwarded to the Orange County Recorder. Very truly yours, Cheryl City Clerk Enclosure $2400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 MEMORANDUM June 12, 1991 TO: �heryl Johnson, City Clerk l FROM: R. Anthony Foster, Engineering Assistant A47 SUBJECT: Submittal of Improvement and License Agreements, Tract 13846, Marbella Crest, Tropiville, Inc. (Barkley) Attached are two originals of the referenced documents with corrected jurats. Please retain the documents until I notify you that all fees and bonds have been paid, which will allow these agreements to be executed and forwarded to the Orange County Recorder. This should take place within the next 50 days. RAF attachments cc: Ted Simon Ray Vincenti • June 11, 1991 • inunouw • 15rR1i176.H 1961 17 Mr. Les P. Barkley L. P. Barkley do Associates, Inc. 1500 Quail Street, Suite 200 Newport Beach, California 92660 Re: Marbella Crest Estates Tract 13846 Dear Mr. Barkley: MEMBERS OF THE CITY COUNCIL LAWRENCE F BUCHHEIM "EMr ETM E. FRIESS GARY L. HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN 8. JULIAN In my letter to you dated June 7, 1991, I indicated that at their June 4, 1991, meeting the City Council had approved a number of items with regard to the Marbella Crest Estates, including the Tentative Map for Tract 13846. The approval on June 4th was of the Final Map for Tract 13846 rather than the Tentative Map. I apologize for any inconvenience you may have been caused. If you have any questions, please do not hesitate to call. Very truly yours, � d�-� tt� Cheryl City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493.1171 0 June 7, 1991 Mr. Les P. Barkley L. P. Barkley & Associates, Inc. 1500 Quail Street, Suite 200 Newport Beach, California 92660 Re: Marbella Crest Estates Dear Mr. Barkley: Jwr, I Ik�.!J7n{ 1 U7. muoo.m• uuun.Ie 1961 1776 �F MEMBERSOF THE CITY COUNCIL LAWRENCE F BUCHHEIM KENNETH E. FRIESS GARY L HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B. JULIAN At their regular meeting held June 4, 1991, the City Council of the City of San Juan Capistrano took the following actions: 1. Approved deferral of Engineering Development fees and bonds for a 60 - day period end:: g August 3, 1991; 2. Approved the License Agreement for connection to the public storm drains; 3. Approved the Improvement Agreement for Tentative Tract 13846; 4. Accepted the Easements for Off -Site Improvements by the adoption of Resolution No. 91-6-4-8; n4 5. Approved the T� ap for Tract 13846. A copy of Resolution No. 91-6-4-8 is enclosed for your files. The agreements, easements and tract map will be forwarded to the Orange County Recorder following receipt of the fees and bonds. If you have any questions, please do not hesitate to call. Very truly yours, r Cheryl Johnson City Clerk Enclosure cc: Director of Engineering and Building 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 1991, and examination by the City's independent auditors, Moreland and Associates, be accepted. DIRECTOR OF ENGINEERING AND BUILDING SERVICES 1. REQUEST FOR APPROVAL OF 1991-92 SERRA BUDGET (330.50) Written Communication: Report dated June 4, 1991, from the Director of Engineering and Building, recommending that the proposed 1991-92 SERRA Project Committee Budgets, including the City's share be approved. Aooroval and Allocation of SERRA Budgets for 1991 - It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the SERRA Budgets for 1991-92, including the City's proportionate share, be approved. Staff was authorized to make the following allocations within the Sewer Enterprise Fund: Proiect Committee Amount Allocated General Fund $ 8,786 PC #2 (Plant M&O) 1,190,610 PC #2R (Major Plant) 16,215 PC #5 (Outfall M&O) 45,120 PC #5R (Rehab of Ocean 506,598 Outfall and Pumps) VILLE. IN Writ (1) Report dated June 4, 1991, from the Director of Engineering and Building, recommending that the Council approve the request for deferral of fees and bonds, the License Agreement for connection of private to public storm drains, and the Improvement Agreement for Tract 13846. (2) Revised report dated June 4, 1991, from the Director of Engineering and Building, forwarding a resolution accepting off-site easements which allow connections for public utility, storm drain, and trail use across open space Lots C and D of Tract 12954. -12- 6/4/91 4r N 1. Approval of Deferral and Agreements and Acceptance of Easements and Final Map: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that: (1) the Engineering Development fees and bonds be deferred for 60 days to August 3, 1991; (2) the License Agreement for the connection of private to public storm drains and the Improvement Agreement be ap- proved; (3) Final Map, Tract 13846 be approved based on the finding that the Map is in compliance with the City General Plan and the approved Tentative Map; and (4) the following Resolution be adopted approving accepting the easements: INC. (BARKLEYI - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING VARIOUS EASEMENTS FOR THE OFF-SITE IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF TRACT 13846 The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None and The Mayor and City Clerk were authorized to execute the documents for forwarding to the Orange County Recorder following payment of Engineering Development fees and submittal of bonds. n Written Communication: Report dated June 4, 1991, from the City Clerk, advising that the Ordinance was introduced at the meeting of May 21, 1991, -13- 6/4/91 0 • AGENDA ITEM June 4, 1991 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering & Building C 0 F��Y SUBJECT: Approval of Request for Deferral of Fees and Bonds, License Agreement, Improvement Agreement and Final Map, Tract 13846, Marbella Crest, Barkley, Tropiville, Inc. SiTIIATION Final Map, Tract 13846 has been reviewed and checked by the Engineering Division and is ready for City Council consideration. The map has been found to be in conformance with the Subdivision Map Act and the previously approved tentative map. All the necessary conditions of approval required prior to final map approval per Council Resolution 90-4-17-5 (attached) have been met with the exception of bond and development fee payment. The developer has requested deferral of these items per the attached letter of April 11, 1991, and as noted under Financial Considerations below. The City will hold the map until payment of said fees and bonds. Once fees and bonds are submitted, the map will be released for recordation with the County Recorder. The attached License Agreement for connection of private to public storm drains is to be approved by Council prior to the Final Map as required by the conditions of approval. The developer has entered into the attached Improvement Agreement. Guidelines for City Council review of the map are attached. CC&R's have been reviewed and approved by staff and shall be recorded concurrently with the Final Map. NOTIFICATION Per the attached notification list. COMMISSION/BOARD REVIEW, RECOMMENDATIONS The Tentative Map for this project was reviewed and approved by the ERB, Traffic and Transportation Commission, Equestrian Commission, Planning Commission and Council FINANCIAL CONSIDERATIONS All costs for processing this map have been paid. The developer's representative, L. P. Barkley, is requesting deferral of payment of Engineering Development Fees and submittal of bonding until 60 days after Council approval and recordation of the map. These fees are as follows: Sewer Capacity: $47,475 Agricultural Preservation: $7,500 Park and Recreation: $52,530 Total: $107,505 FOR CITY COUNCIL AGENT H3k AGENDA ITEM • June 4, 1991 Page 2 The Improvement Agreement requires payment of days of Council approval of the map, therefore associated with deferral of said fees or bonds. fees and submittal of bonds within 60 there is no monetary loss to the City ALTERNATE ACTIONS 1. Approve deferral of fees and bonding, the License Agreement, the Improvement Agreement and Final Map 2. Do not approve the deferral of fees and bonding, the License Agreement, the Improvement Agreement or the Final Map. 3. Request additional information from Staff. RECOMMENDATION By motion, approve the deferral of the referenced Engineering Development fees and bonds, approve the License Agreement, the Improvement Agreement and the Final Map, Tract 13846 (Tropiville, Inc.) by determining that the map is in compliance with the City General Plan and with the approved Tentative Map. Authorize the City Engineer and City Clerk to execute the Map after payment of Engineering Development fees and submittal of Bonds. Authorize the Mayor and City Clerk to execute the Improvement Agreement and License Agreement. Direct the City Clerk to record the documents including the CC&R's. Respectfully submitted,, William M. Huber, P.E. WMH/RAF:cl Attachments L* BARKLEY A ASSOCIATES, PC. 1500 QUAIL STREET SUITE 200 NEWPORT BEACH, CALIFORNIA 92660 TEL: (714) 955-2110 FAX: (714) 955-1912 April 11, 1991 RE NEO -% The Honorable Kenneth Friess l4Pn 1 Mayor City of San Juan Capistrano 32400 Paseo Adelanto ° San Juan Capistrano, CA. 92675 '•.- RE: Marbella Crest Estates Nesting Tentative Tract Map 138461 Dear Mayor and Councilmen, As you are aware, the tentative approval of the Marbella Crest Estates subdivision was granted by the City Council on April 17, 1990. That approval was voted upon by the Council subsequent to over two years of processing, and extensive plan revisions and public scrutiny. Over the last six months, final plans, including the tract map, grading, improvement and water have been submitted and are being reviewed by the City Staff for final approval of the projecL I believe that our commitment to the favorable design and completion of the project has been evidenced by our time expenditure, our record of cooperation with all levels of City authority and the public at large, and our financial expenditures. Thus far, more than $60,000 has been paid directly to the City of San Juan Capistrano for satisfaction of costs and,tees associated with the processing and approval of the Marbella Crest projecL In addition to these direct costs to the City, we have incurred more than $500,000 in engineering and other costs attributable to the design, revision and approval of the Marbella Crest plan. I am of course desirous of completing all improvement of the site as soon as possible. While the financing necessary to complete the project has been secured, a substantial portion of that funding for the development of Marbella Crest will be disbursed subsequent to record of the Final Map. I am aware that the normal City processing practice is to have the balance of outstanding development fees paid, and all development bonds posted, prior to City Council approval of the Final Map. However, the financing schedule of the project does not provide for adequate funding prior to Final Map record .�+tyo�meet the normal City Final Map requirements. I am respectfully requesttir g that the City Council allow the posting of performance bonds and payment of the following fees to be deferred for a maximum of 60 da vs after the approval of the Final MaD in order effa Crest developmenL�,r-a map and, in tum, the full ftnanang o` f the Marbella Parks and Recreation Fee: 552,530 Sewer Capacity Fee: $47,475 Agricultural Preservation Fee: $7,500 tw j The Honorable Kenneth Friess April 11, 1991 Page Two Notwithstanding the deferment of the above fees and bond posting, please note that all fees, in excess of $65,000, and bonds required by the Capistrano Valley Water District will be satisfied prior to approval of the Final Map. Your consideration of this matter is greatly appreciated. LPB✓sc cc: Steve Julian Ted Simon • 0 AGENDA ITEM TO: Stephen B. Julian, City Manager June 4, 1991 FROM: William M. Huber, Director of Engineering be Building SUBJECT: Revised Agenda Item: Approval of Request for Deferral of Fees and Bonds, License Agreement, Improvement Agreement, RESOLUTION ACCEPTING EASEMENTS and Final Map, Tract 13846, Marbella Crest, Barkley, Tropiville Inc. SITUATION After distribution of the original Agenda Item for approval of Tract 13846, Staff was informed that the off-site easements (all within Tract 12954) pertaining to the tract must be recorded concurrently with the map. The attached Resolution describes these easements which allow connections for public utility, storm drain and trail use across open space Lots C and D of Tract 12954. Lots C and D lie between Tract 13846 and Golf Club Drive, the primary access street for Tract 13846. Most utilities and storm drain systems are located within the right-of-way for Golf Club Drive . All other situations outlined in the original Agenda Item remain the same. NOTIFICATION Due to time constraints, this item was not included in the original mailing . COMMISSION/BOARD REVIEW, RECOMMENDATIONS Same as the original item. FINANCIAL CONSIDERATIONS No cost to the City by this action. ALTERNATE ACTIONS 1. Approve deferral of fees and bonding, the License Agreement, the Improvement Agreement, the Resolution accepting easements and the Final Map. 2. Do not approve deferral of fees. 3. Request additional information from Staff. �CO v /� �-lX ✓%� AGENDA ITEM i June 4, 1991 Page 2 RECOMMENDATION By motion, approve the deferral of the referenced Engineering Development fees and bonds, approve the License Agreement, the Improvement Agreement, Resolution accepting easements and the Final Map, Tract 13846 (Tropiville, Inc.) by determining that the map is in compliance with the City General Plan and with the approved Tentative Map. Authorize the City Engineer and City Clerk to execute the Map after payment of Engineering Development fees and submittal of Bonds. Authorize the Mayor and City Clerk to execute the Improvement Agreement, License Agreement and Resolution accepting easements. Direct the City Clerk to record the documents including the CC&R's. Respectfully submitted, William M. Huber, P.E. WMH/RAF:ssg 0 • &_ - RESOLUTION NO. 91-6-4-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING VARIOUS EASEMENTS FOR THE OFF-SITE IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF TRACT 13846 WHEREAS, in conjunction with the construction of Tract 13846, Marbella Crest, it was necessary for the developer of said property to install certain improvements outside the boundary of Tract 13826, within Tract 12954 (Marbella); and, WHEREAS, the owner of Tract 13846 was conditioned to dedicate to the City the easements listed below in conjunction with approval of the project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby accept the dedication for the following: 1. Non-exclusive easements for ingress and egress and public utility purposes within Lots C and D of Tract 12954, as shown on easement Exhibits I through 5 attached hereto. 2. Non-exclusive easement for drainage purposes within Lot D of Tract 12954 as shown on Exhibit 6 attached hereto. 3. Non-exclusive easement for equestrian and hiking trail purposes within Lots C and D of Tract 12954 as shown on easement Exhibits 7 through 10 attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward the documents to the Orange County Recorder for recordation. PASSED, APPROVED, AND ADOPTED this 4th day Of June , 1991. ENNETH E. FRIESS, MAYOR 4TTEST: -1- • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 0 I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 91-6-4-8 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 4th day of June , 1991, by the following vote: AYES: Councilmen Jones, 'Hausdorfer, Buchheim, Vasquez and Mayor Friess NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL J NSO , CITY CLERK -2- .. 0 • RECORDING REQUESTED BY: WHEN RECORDED, MAIL TO: (Space Above Liao For Recorder's Use) Assessor Parcel k EASEMENT DEED SAN JUAN CAPISCRANO, CALIFORNIA THE UNDERSIGNED GRANTOR DECLARES THAT DOCUMENTARY TRANSFER TAX IS $ 00.00. NO CONSIDERATION. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TROPIV LLE, INC., a South Carolina corporation ("Grantor"), hereby GRANTS to THE CITY OF SAN JUAN CAPISTRANO, a municipal corporation of the State of California ("Grantee"), nenexclusive easements for the purposes and over those portions of Lou C and D of Tract No. 12954, in the City of San Juan Capistrano, County of Orange, State of California, as per map filed in Book 597, Pages 1 to 34, inclusive, of Miscellaneous Maps, Records of said County more particularly described and depicted on Exhibits A, B, C, D, E, F, G, K I and J attached hereto and by this reference incorporated herein. IN W[TNESS WHEREOF, the undersigned has caused this instrument to be executed as of the date indicated. By. ACCEPT BY: THE CITY OF SAN JUAN CAPISTRANO, a municipal corporation of the State of California Its: e6 -0-n +se4-~ r:to0c%3M"0"M.w Its: Its: INC., a South Carolina STATE OF ss. COUNTY OF D rA_ -_ ate_ ) On Sint q,\141 , before me, the ty}dersigned. a Notary Public in and for said State, personally appeared l -e51ie�c.lkl and personally (mown to me or prove to me on the basis of satisfactory evidence to the person(s) who executed the within instrument as ,%L cg,"K4And , respectively, on behalf of e corporanon that executed the within instrument, and acknowledged to me that said corporation executed the within instrument pursuant to its Bylaws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL SUSAN LOCKRIDGE 'y eOTARY PUBLIC - CAUFORNIA v , OMHV C7.*.*M [Seal] STATE OF COUNTY OF (A� o[ary c�an Sat tate 13 On , before me, the undersigned, a Notary Public in and for said State, personally appeared and personally known to me or prove to me on the basis of sa ry evidence to the persons) who executed the within instrument as and respectively, on behalf of THE CITY OF SAN JU R-CAPIMMU, the mumctpal corporation that executed the within instrument. WITNESS my hand and official seal. Notary PuGlic in and for said tate [SCSI] aae-n tsw•trst r:%MW%X2 "WIIIIa.rr • ;u EASEMEta EXHII5I I EXHIBIT G LOT " A BEING A )NON-EXCLUSIVE EASEMENT 30.00 FEET WIDE FOR INGRESS AND EGRESS AA PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "D" OF TRACT NO. 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTERLINE OF GOLF CLUB DRIVE AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 32.42'33" EAST 495.52 FEET (NORTH 33.34100" EAST 495.52 FEET PER BOOK 597, PAGE 7 OF MISCELLANEOUS MAPS); THENCE, ALONG SAID CENTERLINE, SOUTH 32'42'33" WEST 97.27 FEET; THENCE, LEAVING SAID CENTERLINE, SOUTH 57017'27" EAST 28.00 FEET TO THE SOUTHEASTERLY LINE OF SAID GOLF CLUB DRIVE, 56.00 FEET WIDE, BEING THE TRUE POINT OF BEGINNING; THENCE, CONTINUING SOUTH 57017'27" EAST 15.91 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, WITH A RADIUS OF 50.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 32'41130" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 74.36119", AN ARC DISTANCE OF 65.11 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, NORTH 48'06'14" EAST 70.27 FEET TO THE BEGINNING OF TANGENT CURVE, CONCAVE SOUTHERLY, WITH A RADIUS OF 50.00 FEET, A RADIAL TO SAID -CURVE BEARS NORTH 41.53146" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 67030'43", AN ARC DISTANCE OF 58.92 FEET TO A POINT OF TERMINUS IN THE SOUTHEASTERLY LINE OF SAID LOT "D", SAID SOUTHEASTERLY LINE BEARS NORTH 20'37'38" EAST (NORTH 21'31'05" EAST PER BOOK 597, PAGE 7 OF MISCELLANEOUS MAPS). THE SIDE LINES OF SAID 30.00 FEET WIDE EASEMENT SHALL BE SHORTENED OR LENGTHENED SO AS TO TERMINATE IN THE SOUTHEASTERLY LINE OF SAID GOLF CLUB DRIVE AND THE SOUTHEASTERLY LINE OF SAID LOT "D". "TxmRs /H. LO L.S. 5937 !ICENSE EXPIRES: 12-31-92 BPM/JHL/DBR May 23, 1991 bset.146 LAN0 Qyl o * Exp 12-31-92 LIC. NO LS 5937 "t Of CAUw� EXHIBIT D (CONT'D T NQ �,P /.tir�e.ESS/fGPESS ArS�O %IefU.sES / LOT L7"' �/ST.P.f�'1� Ct7UNTl�OF �N7E0 LAND Sljp * (� Fxy 12-31-92 1 \ L:C NO LS S.5:93 7 ,o p�L /70C D ht ? ' ��,p ko�5�t� �vT kt +� ^5 4 dti `�l j � � . r'�. �a+.rr. v�! s w �� u .rn M.W►no T-?rl r7 JVO, J2915 »J, JiJ.:597'/J-34 t V� ® 5ET. /46 J•'se9e-0/ EASEME% EXHIBIT -70L-1 LOT 15 ACCESS EXHIBIT F BEING A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AiO PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "D" OF TRACT NO. 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1 1/4 INCH IRON PIPE WITH PLASTIC PLUG MARKED L.S. 5831 IN THE SOUTHEASTERLY LINE OF SAID LOT "D" AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 20'37'38" EAST 929.83 FEET (NORTH 21.31'05" EAST 929.83 FEET PER BOOK 597, PAGE 7 OF MISCELLANEOUS MAPS); THENCE, ALONG SAID SOUTHEASTERLY LINE, SOUTH 20037'38" WEST 56.71 FEET TO A POINT IN THE NORTHERLY LINE OF AN EASEMENT 30.00 FEET WIDE TO THE CITY OF SAN JUAN CAPISTRANO RECORDED AS INSTRUMENT NO. , RECORDS OF SAID COUNTY, BEING ALSO A POINT OF CUSP WITH A CURVE, CONCAVE SOUTHERLY, WITH A RADIUS OF 65.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 24'27'46" EAST; THENCE, ALONG SAID NORTHERLY LINE AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 36'09'0611, AN ARC DISTANCE OF 41.01 FEET TO THE TRUZ POINT OF BEGINNING, BEING ALSO A POINT OF CUSP WITH A LINE THAT BEARS NORTH 27'06149" EAST; THENCE, ALONG SAID LINE, NORTH 27.06'49" EAST 57.11 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 35.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 62'53'11" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 54'30'00", AN ARC DISTANCE OF 33.29 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, NORTH 81'36'49" EAST 16.98 FEET TO A POINT IN SAID SOUTHEASTERLY LINE OF SAID LOT "D"; THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 20'37138" EAST 34.39 FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE, SOUTH 84009'12" WEST 2.20 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 85.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 5'50148" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 57'02'23", AN ARC DISTANCE OF 84.62 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 27'06'49" WEST 76.04 FEET TO A POINT IN THE NORTHERLY LINE OF SAID EASEMENT 30.00 FEET WIDE TO THE CITY OF SAN JUAN CAPISTRANO, RECORDED AS INSTRUMENT NO. , RECORDS OF SAID COUNTY, BEING ALSO A POINT OF CUSP WITH A CURVE, CONCAVE SOUTHERLY, WITH A RADIUS OF 65.00 EXHIBIT F CCONT'� 11 FEET, A RADIAL TO SAID CURVE BEARS NORTH 33.40'16" WEST; THENCE, ALONG SAID CURVE AND SAID NORTHERLY LINE, THROUGH A CENTRAL ANGLE OF 21'58156", AN ARC DISTANCE OF 24.94 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 0.06 ACRES. / JAMES H. */'LONG L.S. 5937 �► LICENSE EXPI S: 12-31-92 I� * Exp 12.31.92 BPM/JHL/DBR May 23, 1991 LIC N0. LS 5937 set.144 3? NSP EXHIBIT F �CONVD AN EAA�MENT FG�P/ E55/EGRE95 AV PLBL/C W71-MeR f)0V* 5 /N GOT O; TR4CT NO. /2954, N.. M. 507// 94, c1rr OF 54AI JU,4N C PIleMAMO, CWWrr OF ORAN6E, STATE OFC441RORN14. LANG supe , S H LOti rY�9 y ,XAPf65 H. LAA61-. S. 5937 6CEMSE EXP/E5 /Z -31-3Z /, D zl yn\�ti T.P. O.B. /NSTRUMENT N0. nCP/PE W�Th �SS�PCUG M4R 30.00' SET .144 r:t caaa _, EASEMENT EXHIBIT *3 PASEO ELEGANCIA ACCESS EXHIBIT E BEING A NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS AOD PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "D" OF TRACT NO. 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUST.VE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERLY LINE OF SAID LOT "D" AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 11003'54" WEST 384.14 FEET (NORTH 10.14144" WEST 384.24 FEET PER BOOK 597, PAGE 9 OF MISCELLANEOUS MAPS); THENCE, ALONG SAID EASTERLY LINE, SOUTH 11'03'54" EAST 162.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EASTERLY LINE, SOUTH 11003'54" EAST 30.76 FEET TO A POINT OF CUSP WITH A CURVE, CONCAVE SOUTHEASTERLY, WITH A RA:'"":S OF 20.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 16'57'3. WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 33'17'461l, AN ARC DISTANCE OF 11.62 FEET TO THE BEGINNING CF A REVERSE CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 27.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 50015'53" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 41042'53", AN ARC DISTANCE OF 19.66 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 81027'30" WEST 69.41 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 10.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 8'32'30" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 80'58'571@, AN ARC DISTANCE OF 14.13 FEET TO A POINT OF CUSP WITH THE EASTERLY LINE OF GOLF CLUB DRIVE 56.00 FEET WIDE; THENCE, ALONG SAID EASTERLY LINE, NORTH 0'28133" EAST 7:.93 FEET TO A POINT OF CUSP WITH A CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 10.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 89'31127" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 99'01'03", AN ARC DISTANCE OF 17.28 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, NORTH 81'27'30 EAST 57.67 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTER'.Y, WITH A RADIUS OF 27.00 FEET, A RADIAL TO SAID CURVE BEAR: NORTH 8'32'30" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 41'59'59", AN ARC DISTANCE OF 19.79 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 20.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 33'27'29" WEST; THENCE, ALONG SAID CURVE, • • THROUGH A CENTRAL ANGLE OF 29'07'29", AN ARC DISTANCE OF 10.17 FEET TO A POINT OF CUSP WITH SAID EASTERLY LINE OF SAID LOT "D", BEING ALSO THE TRUE POINT OF BEGINNING; CONTAINING 0.12 ACRES. NStp VJJO SUq�,F l . j �``' .►ESH LQyC �9 ES H. �ONL.S. 5937 LICENSE �XPIP�S: 12-31-921Z3192 LIC. N0. LS 5937 BPM/JHL/DBR May 22, 1991 7F OF set.55 �J ACT N0. /Z954M.M. 597/I-34) ---s— (N!0'1444')V-384.24'PfR / �- ' 384. k f vll-03' S4 °WI /off,. y --- t�-- 162.85' T.P.ag•�� 7 e 2 3 11 NB 32'30"1y<RJ A JV JyJ.iW, �Pi h a Q aJJD D� a NB_i230 6<l�J � �ZO�E30/.45joEPTRACTA/O.! g MM:� 4 EASEMENT FOR /NGRESSIelaRESS AAIO PVeL/C UTJLITrPURPOSES/NLOT"/-7; 77PACTNQ9954, M.M. 597/1-34, C?YOFSAN JUAN CAP/BTRANO, COUNTYOFORANGE, STATEOFCAL/FORN/A. JAMfS H. L.G G L.B. 593T LICENSE E.YP1Re5: 12-31-.92 YTH Gowth est. b� CHGOWM P Away SAMZ fmi! 'MTA SONCRIC PM AT SM M W 0[w. a 07121 p19H4�924: TABULATED DATA NO- RAD/US 61135AR. ARC/O'S? l — /V 03'54 W 90 2 20.00' 33.17'46" 114L 3 27.00' 41.42'53- I%66' 4 10.00' BO'M 57' /4.13 — NO.2B -4 74 V' 6 /0.00' 99 0.'0/ /7. Z8' 7 27.00' 41.59'59' 19.7%' g 20.00' Z9 07' 1017' 9 — N10'5945N 1551' 11 350.00' /0 3358' 3 -- LAN" r EXHIBIT E (CONT'D) SET. 5f, LT*5836-c EASEMEIJT EXHIBIT -*4 EXHIBIT B ACCESS DRIVE LOTS 1 TO 5 BEING A NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS Ad6 PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "C" OF TRACT NO. 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT "C" AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 79'53'31" EAST 264.88 FEET (NORTH 80'42'22" EAST 264.81 FEET PER BOOK 597, PAGE 28 OF MISCELLANEOUS MAPS); THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 28'55'56" EAST 68.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE, NORTH 28055'56" EAST 73.23 FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE OF SAIDLOT "C", SOUTH 46024'56" WEST 108.89 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 240.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 43035'04" EAST, THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26'00'00", AN ARC DISTANCE OF 108.91 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 72.24156" WEST 49.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 290.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 17'35104" WEST; THENCE,. ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6005'03", AN ARC DISTANCE OF 30.80 FEET TO A POINT OF CUSP WITH SAID SOUTHEASTERLY LINE OF SAID LOT "C"; THENCE, ALONG SAID SOUTHEASTERLY LINE NORTH 79053'31" EAST 126.15 FEET TO A POINT OF CUSP WITH A CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 262.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 27'32157" EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16'02'07", AN ARC DISTANCE OF 73.33 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, NORTH 46'24156" EAST 39.05 FEET TO A POINT IN SAID SOUTHEASTERLY LINE OF SAID LOT "C", BEING ALSO THE TRUE POINT OF BEGINNING; CONTAINING 0.10 ACRES. L00 S47A Ng. ESH �Oc JAMES H. WNG L.S. 5937 LICENSE EXPIRES: 12-31-92 * f 12-31-92 BPM/JHL/DBR LIC W LSS�� IP May 23, 1991 Set. 169 SOF CAL EXHIBIT B CCONT' 4N EASLMENr FOR INGRESS/EGRESS AN/7 v/3L /C UT/L / rY PURPoSES /NLO r v ; WACrNO. /2954, M.M.597/J-34, CITY JF SAN JUAN CAP/S TRANO, COUNrr OF 7RANSE, SWZ-0O c CAL /FORN/A. N N Fv- 0 �— tr Fxr, 12-31- 2 1 x i (JAMES. . LONG 1-.5. 5957 Lac NO LS Ski? LICEN3EEX)0IRES: \nc r." 6-0PN\' / M Southwest Vc. warms ries - sono s Mn w A solftmv P. Ay wit xe s Dew. CA 92121 (610. 02.2 SEr.I J,0583e ! EASEME%T EXHIBIT #5 REALIGNED EMERGENCY ACCESS/PUBLIC UTILITY EXHIBIT A BEING A NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS PIC UTILITY PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "C" OF TRACT NO. 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT "C" AT THE SOUTHERLY TERMINUS OF THE COURSE NORTH 52'06'53" EAST 840.34 FEET (NORTH 53.05113" EAST 840.34 FEET PER BOOK 597, PAGE 29 OF MISCELLANEOUS MAPS); THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 52'06153" EAST 166.88 FEET TO THE TRUE POINT OF BEGINNING, BEING ALSO A POINT OF CUSP WITH A CURVE, CONCAVE SOUTHWESTERLY, WITH A RADIUS OF 25.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 37053107" EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 164'23'44", AN ARC DISTANCE OF 71.73 TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 67'43'09" WEST 15.56 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 160.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 22'16'51" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11048'58", AN ARC DISTANCE OF 33.00 FEET TO THE END OF CURVE, BEING ALSO A POINT IN THE SOUTHEASTERLY LINE OF AN EASEMENT 30.00 FEET WIDE PER SAID MAP OF TRACT NO. 12954, BOOK 597, PAGES 1 THROUGH 34 OF MISCELLANEOUS MAPS; THENCE, ALONG SAID SOUTHEASTERLY LINE OF SAID EASEMENT, SOUTH 55'54110" WEST 106.81 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, WITH A RADIUS OF 65.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 34005'50" EAST; THENCE, CONTINUING ALONG THE SOUTHEASTERLY AND SOUTHWESTERLY LINE OF SAID EASEMENT, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 82.37116", AN ARC DISTANCE OF 93.73 FEET, TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, CONTINUING ALONG SAID SOUTHWESTERLY LINE OF SAID EASEMENT, NORTH 41'28134" WEST 7.09 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF VIA FESTIVO AS SHOWN ON SAID MAP OF TRACT 12954; THENCE, ALONG SAID SOUTHEASTERLY LINE OF VIA FESTIVO, NORTH 49'07'43" EAST 15.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 100.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 40'52'17" EAST; THENCE, ALONG SAID CURVE AND SAID SOUTHEASTERLY LINE, THROUGH A CENTRAL ANGLE OF 3040'0411, AN ARC DISTANCE OF 6.40 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE AND CONTINUING ALONG SAID SOUTHEASTERLY LINE OF SAID VIA FESTIVO, NORTH 45'27'39" EAST 8.61 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID EASEMENT 30.00 FEET WIDE PER SAID MAP OF TRACT NO. 12954; THENCE, ALONG SAID NORTHWESTERLY LINE, SOUTH 41'28'34" EAST 7.53 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, WITH A RADIUS OF 35.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 48'31'26" WEST; THENCE, ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHWESTERLY LINE, THROUGH A CENTRAL EXHIBIT :, �CONT'(� 6 ANGLE OF 82'37'16", AN ARC DISTANCE OF 50.47 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE AND CONTINUING ALONG SAID NORTHWESTERLY LINE OF SAID EASEMENT, NORTH 55'54'10" EAST 106.81 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 65.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 34005'50" WEST; THENCE, CONTINUING ALONG SAID NORTHWESTERLY LINE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10011'49", AN ARC DISTANCE OF 11.57 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE AND LEAVING SAID NORTHWESTERLY LINE OF SAID EASEMENT, NORTH 65'56'48" EAST 43.72 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, WITH A RADIUS OF 50.00 FEET, A RADIAL TO SAID CURVE BEARS 'iORTH 24'03'12" WEST; THENCE, ALONG SAID CURVE, THROUGH A :ENTRAL ANGLE OF 110'13126", AN ARC DISTANCE OF 96.19 FEET TO POINT IN SAID SOUTHEASTERLY LINE OF SAID LOT "C"; THENCE, AIANG SAID SOUTHEASTERLY LINE, SOUTH 52'06'53" WEST 44.42 FEET TO THE TRUE POINT OF BBGINNING; CONTAINING 0.21 ACRES. �� aSEp LAND S141 ,off" JAMES H. NG L.S. 5937 LICENSE EXPI S: 12-31-92 * 1 Eo. 12.31-92 BPM/JHL/DBR \\LIC NO 155537 May 22, 1991 set.173 �4�ncr. �FOPN z-XH[Bl- a (CONTI ) OA 'o \� �o�a.,ry��g Ai,p; �fo�A� L-7 65.00' OO _ _ . 30' EX/S T/NG EMEh�ENCYACCESS EASEmENTPERTRACTNO. /1954, MM 50711-34 P.O.C. AN EASEMENT FOR /NGRESSIEGRESS AMP PURL/C UT/L /TYPURPoSES /N LOT v- TRACTNO• /2954, M.M. 597/-34, C/TY OF SAN (JUAN CA PAS rRAA10, COUNT )' OF ORArNGE, STATEOFCAL/FORN/A. /EO LMC. SVA FP Y t Exp t2-3T-5� ! e � .�.0 tr0 \ :\ OF VTN Oouthwo.t No. r 0- tMs R ws - p,I1M[Y011s IOsff MST• SOII ?Q •Ms -.T WW 3M SII Mw C. 1212, (•l,la 67.1 "• a9SE � � 4'110 lot VRo,6 5° J taP3a� 1 f� ebb App"JN qt. 1I % 10y,�95°, �R E GOV L.5.45"; 5: /2-3/-92 5t7 17: J', 5838 SToEASEMITDRAIN EAS NTpJACENT EXHIBITO T A#b EXHIBIT J BEING A :;ON -EXCLUSIVE EASEMENT FOR DRAINAGE PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "D" OF TRACT NO. 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERLY LINE OF SAID LOT "D" AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 11'03'54" WEST 384.14 FEET (NORTH 10'14'44" WEST 384.24 FEET PER BOOK 597, PAGE 9 OF MISCELLANEOUS MAPS); THENCE, ALONG SAID EASTERLY LINE, SOUTH 11003'54" EAST 138.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EASTERLY LINE, SOUTH 11003'54" EAST 24.63 FEET; THENCE, LEAVING SAID EASTERLY LINE, NORTH 65'20'36" WEST 137.02 FEET TO A POINT ON THE CENTER LINE OF GOLF CLUB DRIVE 56.00 FEET WIDE; THENCE, ALONG SAID CENTER LINE, NORTH 0'28'33" EAST 21.92 FEET; THENCE, LEAVING SAID CENTER LINE, SOUTH 65'20'36" EAST 131.61 FEET TO SAID EASTERLY LINE OF SAID IAT "D", BEING ALSO THE TRUE POINT OF BEGINNING; CONTAINING 0.06 ACRES. �, �aSEp lANO S F� ,,�'JAMES H. NG L.S. 5937 LICENSE EXPIRES: 12-31-92 * Ev.12-31-92 t i BPM/JHL/DBR JL AJC y s53/ !% May 22, 1991 set.167 4� `cry. OF CAU � EXHIBIT J .COP4T ZO ,EAS EMENT FOR/ORA/NAGE PL/RR7SES /N LOT "O,, 7,A7AC7*N0• 1?9541 MM. 597/ 1-34, C/ T Y OF SAN c/UAN CAP/STRANO, COVAI TrOF ORANGE, STA TE OFCAL/fORN/A• * E,(p t23t-92 LIC NO LS 5937 t JAWT H. 4ON6 L. S. 5937 L /CENSE E F/R£S- 12-91-92 rr>'rl CT No, l 17J .✓ JN/l, i\/1, /-POC• nvals-- \\ L J r (NJO"14.441Y38s.24'P£RTRACTNO.1?994 MM 597/!343 z� X8.22—f' Tf�rl r• ivoi L J7 - -G _ X?.��/'_ �'� CLUB pts ?5M' � a0 Af At 5_0 VTN soutn...t tee. o, s . mai .,...,o.: IMU W"A SMI M Pu WAT WlT W S OKM a IMI (610W 0243 SET. /67 J"506-0 • EXHIBIT G • EASEMENT EXHIBIT #7 TRAIL ADJACENT TO MAURER BEING A NON-EXCLUSIVE EASEMENT FOR EQUESTRIAN AND HIKING TRAIL PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "D" OF TRACT NO. 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1 1/4 INCH IRON PIPE WITH PLASTIC PLUG MARKED L.S. 5831 IN THE SOUTHEASTERLY LINE OF SAID LOT "D" AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 20'37'38" EAST 929.83 FEET (NORTH 21'31'05" EAST 929.83 FEET PER BOOK 597, PAGE 7 OF MISCELLANEOUS MAPS); THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 20037'38" EAST 28.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE, NORTH 20' 37' 38" EAST 82.46 FEET TO A POINT OF CUSP WITH A CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 80.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 69022'22" EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27'15'5811, AN ARC DISTANCE OF 38.07 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 100.00 FEET, A RADIAL TO SAID REVERSE CURVE BEARS NORTH 42'06'24" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27'15'58", AN ARC DISTANCE OF 47.59 FEET TO A POINT IN THE NORTHERLY LINE AN EQUESTRIAN EASEMENT 60.00 FEET WIDE AS SHOWN ON MAP OF TRACT NO. 12954 FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS; THENCE, ALONG SAID NORTHERLY LINE, SOUTH 69022'22" WEST 20.00 FEET TO A POINT IN SAID SOUTHEASTERLY LINE OF SAID LOT "D", BEING ALSO THE TRUE POINT OF BEGINNING; CONTAINING 0.02 ACRES. rre H., JAMES H. NG / L.S. 5937 LICENSE EXPIRES: 12-31-92 BPM/JHL/DBR May 23, 1991 set.145 *t'l Exp 12-31-92 )) * LIC. NO LS 5937 �4OF EXHIBIT G (CONT',6) AM EASEMENT MAP AWIMMIAV AA14P tylKINgg 7r .411cs IN LOT 'v;pLtjr*vaoL mwr Ivo 12VO4,)Yj'6,f JIFNI I34Pcl7y OF s4mmlwt c4olsrMw, cativry ,OF oyr,"c-E., sm/-F ar 4rA41rOMMA LAND SU Exp 12-31-9' 7/ 'LIC, NO. LS 593 X 4 OF CAI - r )f JAMES Z. L.S. 5937 NA /2-31-M reo.s. ,fX1517A6 EASEAEVIOEX ti rmcrNo- Inow, N.M. 5e7l134. 47 37� VTm Sou"0614 VAL ,� MMA SMWAXM P. v SAW M W 0900. " MM (09)ftO 174 to A*\ 4:- 4p 4�v b n \- -Ro.c IVIAMPIPE WINAA577C PL416 IWAREP Z - 5 5MI TrS-11 CT J\jo, 9,y- A 5&-T. I -oft 0, "780 -6 • EASEMEfg EXHIBIT #8 TRAIL WEST ELEGANCIA EXHIBIT I BEING A NON-EXCLUSIVE EASEMENT FOR EQUESTRIAN AND HIKING TRAIL PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "D" OF TRACT NO. 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT "D" AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 20037'38" EAST 609.97 FEET (NORTH 21'31'05" EAST 611.10 FEET PER BOOK 597, PAGE 9 OF MISCELLANEOUS MAPS); THENCE, ALONG SAID SOUTHEASTERLY LINE, SOUTH 20037'38" WEST 80.43 FEET TO THE TRUE POINT 08 BEGINNING, BEING ALSO A POINT OF CUSP WITH A CURVE, CONCAVE WESTERLY, WITH A RADIUS OF 240.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 87.04115" EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 1'43'2711, AN ARC DISTANCE OF 7.22 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, NORTH 4-39111" WEST 103.23 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 315.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 85'20149" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19'32'50", AN ARC DISTANCE OF 107.47 FEET TO A POINT OF CUSP WITH SAID SOUTHEASTERLY LINE OF SAID LOT "D"; THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 11'03154" WEST 41.07 FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE, SOUTH 20'36'49" WEST 3.56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 335.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 69'23111" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25'52'31", AN ARC DISTANCE OF 151.29 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 4'39111" EAST 103.23 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 220.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 85'20149" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25'16'50", AN ARC DISTANCE OF 97.07 FEET TO A POINT OF CUSP WITH SAID SOUTHEASTERLY LINE OF SAID LOT "D"; THENCE, ALONG SAID SOUTHEASTERLY LINE NORTH 20'37'38" EAST 95.92 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 0.12 ACRES. JAMES H. ZONG L.S. 5937 '!pM LICENSE EXPIRES: 12-31-92 BPM/JHL/DBR \ 4,. LZ5x17 May 22, 1991 set.166 CT LAUF�i% EXHIBIT I CCONTJAI� AN EASEMENT FORfQUZSrR/ANAHO N/K/NG NB5'2049_f�� TRA/L PURPOSES /N L O r 'YO; TRACT MO IMA M.M 597//-34, C/rrOFSANdUAA( CAP/STRAND, CO!lNTYOFORAmsE, STATE OF CAL/FORMA. I w Cpy^ `.. ', *,j Exp 12.31-92 LIC N0 LS 523' CE S ELONG, 2-3& 605 vn+ aoutnM.µ mo. opaW.rRiw.p.'aff."*Rs �dn afTt aaaplR IM.Ra� .IIR 7a. w Kat 4 tris (HvW►sx,a NBT °04'/5 E' lRJ .sEr i� J #5B3B i EASENIGNT EXHIBIT #9 EXHIBIT H TRAIL EAST ELEGANCIA BEING A NON—EXCLUSIVE EASEMENT FOR EQUESTRIAN AND HIKING TRAIL PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "D" OF TRACT NO. 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT "D"; THENCE, ALONG THE EASTERLY LINE OF SAID LOT "D" SOUTH 11003'54" EAST 0.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EASTERLY LINE, SOUTH 11.03154" EAST 66.25 FEET TO THE BEGINNING OF A NON—TANGENT CURVE, CONCAVE EASTERLY, WITH A RADIUS OF 130.00 FEET, A TANGENT TO SAID CURVE BEARS SOUTH 82057158" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 8'03'4311, AN ARC DISTANCE OF 18.29 FEET TO A POINT ON SAID EASTERLY LINE OF SAID LOT "D", A RADIAL TO SAID CURVE BEARS SOUTH 74'54'15" WEST; THENCE, LEAVING SAID CURVE AND CONTINUING ALONG SAID EASTERLY LINE, SOUTH 11'03'54" EAST 66.35 FEET TO A POINT OF CUSP WITH A CURVE, CONCAVE SOUTHWESTERLY, WITH A RADIUS OF 40.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 51'53'19" EAST; THENCE, LEAVING SAID EASTERLY LINE OF SAID IAT "D",ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF "29'33", AN ARC DISTANCE OF 1.74 FEET TO THE BEGINNT" c A REVERSE CURVE, CONCAVE NORTHEASTERLY, WITH A R, 3F 150.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 49'23 4EST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 59'42'39"1 AN ARC DISTANCE OF 156.32 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL TO SAID CURVE BEARS NORTH 70053136" WEST; CONTAINING 0.05 ACRES. F'`SEp �aN� -7 - ,JAMES H.NG L.S. 5937 LICENSE EXPIR s: 12-31-92 • rn uv.'2v'''9Z �* BPM/JHL/DBR a Sal- May 22, 1991 set.165 x— P�',j- •EXHIBIT H (COLE 0 ANEASEMENrFOR EQUESTR/ANANDRMING TRA IL PURPOSES /N LOT "o; MACrNo- /0954, M. M. 597l/-34, C/TYOF5ANJ(/AN CAP/STRANO, COUNTY OF ORANGE, STATE OF CAL /PORN/A . ;p 11W D SUq * I EzD. 12 ""' * \ ` LiC NO :S 5937 c Cr UA ME LO L. S. 5937 L /CENSE EXP ES: /2-3I- 92 TRA r -r VTN soutn...t, Inc. uaow S MAH.MS SWICa f l - N//°03'54"W 0.22' 2 /30.00' 3 40.00' 2° 2.'%'33" 1 / 74' J29054 L J 7J \\ lJ J \� �• T.P.O.l3.� � nn A __ 59042'39"�,`L�'i.32� yl 1 1q�c 04 11003 (x.24' pEK Rl . Vt. \.rte TRrJ C % ,MIS Mfr. Sa f0 .0 Ay 4 M SO, SM atm. C. 17121 (1157•ro- 171] NO, I\i/. /\i1, °c ///.5. u SET. /6_' ,T�583� EASEMEW EXHIBIT * 10 EXHIBIT C TRAIL GOLDENRIDQE TO CANTABRIA BEING A NON-EXCLUSIVE EASEMENT FOR EQUESTRIAN AND HIKING TRAIL PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "C" OF TRACT NO. 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT "C" AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 28055'56" EAST 373.97 FEET (NORTH 29047'38" EAST 373.86 FEET PER BOOK 597, PAGE 9 OF MISCELLANEOUS MAPS); THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE, NORTH 52'06153" EAST 218.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE, NORTH 52'06153" EAST 24.13 FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE OF SAID LOT "C", NORTH 71'53'45" WEST 22.66 FEET; THENCE, SOUTH 58'52133" WEST 66.52 FEET; THENCE, SOUTH 47'55'56" WEST 101.99 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 310.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 42'04104" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19'00'00", AN ARC DISTANCE OF 102.80 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 28'55156" WEST 137.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 160.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 61004104" EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26'03'34", AN ARC DISTANCE OF 72.77 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 54'59'29" WEST 107.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 170.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 35'00'31" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10'0413411, AN ARC DISTANCE OF 29.90 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 44'54'56" WEST 34.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 35.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 45'05104" EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27'30'00", AN ARC DISTANCE OF 16.80 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 72024156" WEST 49.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 310.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 17'35'04" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17'06'01", AN ARC DISTANCE OF 92.52 FEET TO A POINT OF CUSP WITH THE SOUTHEASTERLY LINE OF SAID LOT "C"; THENCE, ALONG SAID SOUTHEASTERLY LINE NORTH 79'53'31" EAST 60.94 FEET TO A POINT OF CUSP WITH A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY WITH A RADIUS OF 290.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 23'40107" WEST; THENCE, LEAVING SAID SOUTHEASTERLY LINE OF SAID IAT "C", ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6'05'03", AN ARC DISTANCE OF 30.80 FEET TO THE END OF CURVE; THENCE, TANGENT EXHIBIT C (CONT • TO LAST SAID CURVE, NORTH 72'24'56" EAST 49.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 55.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 17'35104 EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27'30'00", AN ARC DISTANCE OF 26.40 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, NORTH 44'54156" EAST 34.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 150.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 45005'04" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10'04934", AN ARC DISTANCE OF 26.38 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, NORTH 54'59'29" EAST 107.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, WITH RADIUS OF 180.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 35'00131" EAST; THENCE, AIANG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6'52'16", AN ARC DISTANCE OF 21.59 FEET TO A POINT OF CUSP WITH SAID SOUTHEASTERLY LINE OF SAID IAT "C"; THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 28'55156" EAST 232.29 FEET; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE, NORTH 52'06153" EAST 84.89 FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE, NORTH 47.22'17" EAST 78.93 FEET; THENCE, NORTH 58'52133" EAST 55.44 FEET TO A POINT IN SAID SOUTHEASTERLY LINE OF SAID IAT "C", BEING ALSO THE TRUE POINT OF BEGINNING; CONTAINING 0.31 ACRES. ,-JAMES H. NG L.S. 5937 LICENSE EXPIRES: 12-31-92 11 BPM/JHL/DBR May 22, 1991 set.168 *'t!, Exp. 12-31.92 1) * LIC NO LS 5937 If, rABULATEO OATA NO. RAOIUS 1 4 fA FARC' 15L I 29000' 6'05'03" 30 do, 2 — N7?Z456'E 4900' 3 55.00 27'3000" 26.40' 4 — N44 51'5 f 3464' 5 150.00' 10.04'34' 2638' 6 '6000' 6'52'/6" ?L59' 7 1 — N47.2277'E 76.93' 8 —N58'52'33'E 55.44' 9 /7000' 10'0434" 29.90' !0 3500' 27-30,00 6B0 11 — N52 0633 f 24.13' l2 — N71'5345'W 2266' Es. fraea MAC7-80.IZ96! MM 597//-14 / 2 66.52 \ lb t� S S -4 O W a 0 AN EASEMEN rFOR EQUESMIA N ANO H/K/N6 TRA/L PURPOSES IN LOr v-, r,?ACI'NO• /2954, M.M. 597//-54, ClrYOFSANJ!/AN CAP/SMANO, COUNrrOFORAN6E STATE OF CAL/FORK/A. EAG 17'31'92 J* 40Issxs�� EXHIBIT C (CCNT'D)