Resolution Number 90-12-11-1RESOLUTION NO. 90-12-11-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ACCEPTING
AN AMENDMENT TO A STORM DRAIN EASEMENT WITHIN LOTS
24 & 25, TRACT 10103 (THE ACREAGE/INTERAMERICAN
BUILDERS/F&N PROJECTS)
WHEREAS, on February 6, 1990, the City of San Juan Capistrano accepted a
storm drain easement within Lots 24 and 25 of Tract 10103; and,
WHEREAS, it was later brought to the City's attention that the easement was
in error.
NOW, THEREFORE, the City Council of the City of San Juan Capistrano, does
resolve as follows:
SECTION 1. That the previously accepted easement, recorded as
Document No. 90-077771, be deleted.
SECTION 2. That the revised easement, as described in the document
"Amendment to the Easement Deed" attached hereto as Exhibit "A", is approved and
accepted.
SECTION 3. The City Clerk is directed to forthwith forward the
Amendment of the Storm Drain Easement to the County Recorder of the County of
Orange for recording.
PASSED, APPROVED, AND ADOPTED this
of December , 1990.
ATTEST:
r4 FWWA pw � WMI.-r-41
11th
KENNETH E. FRIESS, MAYOR
-I-
day
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
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. 90-12-11-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 11th day
of December , 1990, by the following vote:
AYES: Councilmen Jones, Buchheim, Vasquez
and Mayor Friess
NOES: None
ABSTAIN: None
ABSENT: Councilman Hausdorfer
�ER
(SEAL) CHERYL J� N N, CIT
-2-
JUN 2 71990
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
City of San Juan Capistrano
32400 Paseo Adelante
San Juan Capistrano, California 92675
THIS AMENDMENT TO EASEMENT DEED is made as of the
26th day of June, 1990, among FN PROJECTS, INC., a
California corporation, Richard H. Stayberg and Rosemary P.
Stayberg, husband and wife, and the City of San Juan
Capistrano (the "City"), with reference to the following
facts:
A. FN Projects, Inc. previously granted a storm
drain easement to the City pursuant to that certain Easement
Deed dated January 9, 1990 and recorded on February 13, 1990
in the Official Records of Orange County, California as
Document No. 90-077771 (the "Easement Deed").
B. Richard H. Stayberg and Rosemary P. Stayberg
are now the owners of Lot 25 of the real property described
in the Easement Deed.
C. The Easement Deed contained an incorrect legal
description for said easement, and the parties desire to
correct the description as set forth herein.
NOW, THEREFORE, FOR GOOD AND VALUABLE
CONSIDERATION, the receipt and adequacy of which are hereby
acknowledged, the parties agree that the Easement Deed shall
be amended as followss Exhibits A and B attached to the
Easement Deed are hereby deleted in their entirety and
replaced with Exhibits A and B attached hereto.
This Amendment may be executed in multiple
counterparts, each of which shall be fully effective as an
1.
59221
original and all of which together shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the parties have executed this
instrument as of the date first set forth above.
FN PROJECTS, INC., a California
Corporatio
By:
Title:
By: 'P
Title: wx -
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On June Z�'-61 1990, before me, the undersigned, a
ngqtary public in and for said state personally appeared
C:AKO� G.ac c Ao-Nae and /�Ai1 FRNNK ,
personally known to me or proved to me on the basis of
satisfactory evidence to be theme person who executed the
with' n instrument as the +�l C E FEs,n�.u> and
O7 Fieuur of FN Projects, Inc., a
California corporation, and acknowledged to me that such
corporation executed the within instrument pursuant to its
bylaws or resolution of its board of directors.
Witness my hand and official seal
OFFICIALSEAL
ANGELA ANDERSON
Notary Rgft-CditNa
LOS ANGRESCOUMY Notary P lic
Ja�ay 0101 1992
2.
59221
JUN 2 7 1990
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On LZ94 r / , 1990, before me, the undersigned,
a notary public i and for said state, personally appeared
Richard H. Stayberg and Rosemary P. Stayberg, personally
known to me or proved to me on the basis of satisfactory
evidence to be the persons who executed the within
instrument.
Witness my hand and
_ oew,C cceaTY
2 W :7NA. EXP. OCT. 15,
5922
3.
Public
JUN ?. 7 Me
CITY OF SAN JUAN CAPISTRANO
Title,f. A114Y0/L
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On December 12 , 1990, before me, the undersigned,
a notary public in and for said state, personally appeared
Kenneth E Friess , personally known to me exx
VARYRAxxtS3x xS3lF�xxrx iax #iaxxxftx af�so�ar �axt�deaas to be the
person who executed the within instrument as
the Mayor of the City of San
Juan Capistrano, a governmental agency, and acknowledged to
me that such agency executed the within instrument pursuant
to a resolution of its city council.
Witness my hand and official seal
/s/ Cheryl A. Johnson
(SEAL) Notary Public
4.
59221
J U N 2 71990
Chase Home Mortgage Corporation, as beneficiary under that
certain Deed of Trust made by Richard H. Stayberg and
Rosemary P. Stayberg as Trustor in favor of
Trustee and recorded in the Official Records of
County on or about the date of execution hereof (the
of Trust") hereby subordinates its right and interest
the Deed of Trust to the easement described in the
instrument.
CHAS
By:
Titl
By: _
Title:
as
Orange
"Deed
under
within
STATE OFu )
ss.
COUNTY OF �' )
On -7-3`� , 1990, before me, the undersigned,
a notary �ppublic in and for said state, personally appeared
>i+tiT `t7;AMw 3�µ3 and
personally known to ma car proved to me on the basis of
satisfactory evidence to be the persons who executed the
within nstrument as the &P64, n,) .wt-.#jeri
and A Sf, s w- T'�f-46G of Chase Home Mortgage Corporation,
and acknowledged to me that such corporation executed the
within instrument pursuant to its bylaws or resolution of
its board of directors.
Witness my hand and
OFFICIAL SEAL
GREG P40AW
NOTARY PUBLIC - CALIFORNIA
M/ LOSWIMM.V90M couNires r� 1993
59szi
official seal
otary Public
5.
,6,6011990 09:37 ,R�n 0.-- s�.lc 4' ... _..
EX49:7 "A" JUN 2 71990
TnOSE POR -IONS OF LCIS 24 AND 25 OF TRACT NC. LC103, IN TME C:TY CF SAN JUAN
t�flS icANO, COUNT'' CF C"NGE, STA7 OF CALIFCRH:A. AS SMCWN ON A ACCP FILE: :N BCCX
424, PAGES 13 TMRU 15, INCLJSZVE, OF MISCELLANEOUS MAPS, ALSO KNOWN AS BEING A POR-
T:ON OF PARCE.S 24 AND 25 AS SHORN ON L07 LINE ADJUSTMENT 88-10103-109 RE:CRDED OC-
TOBER 21, 1988 AS INSTRUMViT NC. 88-:50646 OF OFFIC:AL RECZADS BOTH IM THE OF7ICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCR:eEZ AS FOLLOWS:
A STRIP OF LAND 20.00 FEET WIDE, LYIN3 10.00 FEET ON EACH SIDE OF THE FOL -'r: -'NG
CESCR:BED CENTERLINE:
SE21N NING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 24, AS SHOWN CN SAID MAP,
SAID POINT ALSO BEING ON THE NCRTHEASTERLY LINE OF Hiu 1AND DRIVE, AD DISTANT
THEZE:N NORTH 57046'00" WEST 32.20 FEi+ FROM THE SOUTHEAST CORNER OF SAID LOT 24.
THENCE NORTH 5CODO'CO" EAST 209.50 FEET: THENCE NORTH 420381000 EAST 19.So FEE, TO A
POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 24 BEING DISTANT THEREON SOUTH 32°06'00"
EAST 5.08 FEET FROM THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE
SOUTHEASTERLY LINE OF SAID LOT 24 SHOWN AS ON 32006'00" E 111-00"' ON SAID MAP;
THENCE CONTINUING NORTH 42038'00' EAST 15.02 FEET.
THE SIDELINES OF SAID STRIP ARE TO .BE PROLONGED -OR SHORTENED SO AS TO TERMINATE
SOUTHWESTERLY IN SAID SOUTHWESTERLY LINE OF LOT 24.
AS SHOWN ON EXHIBIT 'B" ATTACNEO HERETO AND iY THIS REFERENCE MADE A PART HEREOF.
AA ,Y
f .W
y . -f e♦
License Expires 0-93
I03-104-06
June 5, 1990
W-215
DAB-Lesal-E1
Air(T I,: - 1�)lv
No. ACM ti8'6Y
* 4aia e�o•a
C
11,49,:99E E1!3E /EO. 0.0. 'OVLE ENO. CO. TO 71,15•
EXHIBIT 'B"
SOVTMEASTERLY
4WESTERLY L04 OF LOT 24
Of LOT 24
P.O.B.—i _.�,\ /�,�" /'';
..,
..............
.. N 57.46'00• W
\/`C��O ` ,.`:...... 32.20'
--��`SOUTHEAST CORNER
OF LOT 24
SOLE: 1':60'
fnyaE•a by
2SN05ID
v, N
440
L3T 11;
5
iNS i R..riD. 3c-S,SG,fi,�,y?
at•1 �3.
34.60•
SOVTMEASTERLY
4WESTERLY L04 OF LOT 24
Of LOT 24
P.O.B.—i _.�,\ /�,�" /'';
..,
..............
.. N 57.46'00• W
\/`C��O ` ,.`:...... 32.20'
--��`SOUTHEAST CORNER
OF LOT 24
SOLE: 1':60'
fnyaE•a by
2SN05ID
v, N
440
19.56'
SKETCH TO 'ACCOMPANY . LEG ACe-xrk
DESCRIPTION OF AN EASEMENT
TO THE CITY OF SAN JUAN
CAPISTRANO EOR STORM DRAIN'
PURPOSES OVER A PORTION OF
LOTS 24 AND 25, TRACT NO. 10103
103.04-04 06.06460 W.215
SHEET 1 0 I
L3T 11;
5
iNS i R..riD. 3c-S,SG,fi,�,y?
at•1 �3.
19.56'
SKETCH TO 'ACCOMPANY . LEG ACe-xrk
DESCRIPTION OF AN EASEMENT
TO THE CITY OF SAN JUAN
CAPISTRANO EOR STORM DRAIN'
PURPOSES OVER A PORTION OF
LOTS 24 AND 25, TRACT NO. 10103
103.04-04 06.06460 W.215
SHEET 1 0 I