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Resolution Number 06-05-16-04RESOLUTION 06-05-16-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR STORM DRAIN PURPOSES (SADDLEBACK VALLEY CHRISTIAN SCHOOL; AC 99-05 & 00-09) WHEREAS, Conditions of Approval on applications filed by Saddleback Valley Christian School (SVCS) and a settlement agreement, related to development of a private school, require that SVCS dedicate a storm drain easement to the City. WHEREAS, the City finds the document to be in order and acceptable for recording, as attached in Exhibit A. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano, as follows: SECTION 1. That the Resolution accepting the Easement for Storm Drain Purposes as required by Condition 12 of City Council Resolution 99-8-3-3 and approval of Architectural Control 99-05, Saddleback Valley Christian School, a California nonprofit religion corporation is hereby adopted. ' SECTION 2. The Mayor and City Clerk are hereby authorized to execute the Resolution. SECTION 3. The City Clerk is directed to forward the Easements and Deed to the Orange County Recorder. PASSED, APPROVED AND ADOPTED this 16th day of May 200 . DAVID M. SWERDLIN, MAYOR Page 1 of 2 05-16-2006 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 06-05-16-04 was duly adopted by the C1 Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 16t day of May 2006, by the following vote: AYES: — COUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato, and Mayor MEMBER: None MEMBER: None Clerk Page 2 of 2 05-16-2006 ' RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from recording fees pursuant to Government Code Section 6103 Documentary Transfer Tax, no consideration, City initiated Easement. CITY CLERK Title of Document: ' EASEMENT FOR STORM DRAIN PURPOSES (Saddleback Valley Christian School -AC 995) THIS PAGE IS THE COVER PAGE FOR ALL CITY RECORDED DOCUMENTS EXHIBIT A Project: Saddleback Valley Christian School Sewer Easement Affects: 26333 Oso Road, San Juan Capistrano, CA Legal Description: Section 36, Township 7, Range 8, Portion W'/: and SW'/. Assessors Parcel No.: 121-070-55, 56, and'57. Grantor's Mailing Address: c/o Saddleback Christian School 26333 Oso Road San Juan Capistrano, CA 92675 EASEMENT FOR STORM DRAIN PURPOSES As required by Condition 12 of City Council Resolution 99-8-3-3, and Approval of Architectural Control 99-05, SADDLEBACK VALLEY CHRISTIAN SCHOOL, a California nonprofit religious corporation ("Grantor") was required to and did construct an underground storm drain system extending from the double 48 -Inch culvert at the railroad crossing near the southeast corner of Grentor's property to Trabuco Creek near the southwest comer of the property (the "Storm Drain System"). Subject to the limitations herein set forth, Grantor does hereby dedicate to the CITY OF SAN JUAN CAPISTRANO ("Grantee"), a Municipal Corporation under the laws of the State of California, a non-exclusive easement (the "Easement") for the utilization, operation, maintenance and repair of that certain portion of the Storm Drain System that is located In the portion of Grantor's Property described In Exhibit "A" and shown on Exhibit 'B", both attached hereto and made a part hereof (the "Easement Area"), together with the related storm drain Improvements, inclusive of any manhole and similar service entrances, If any, on the surface of the Easement Area, as shall currently be in existence or hereafter be approved, by Grantor (the "Storm Drain Improvements"). Upon the Citys acceptance of the Storm Drain Improvements, the City shall assume full and sole responsibility for the. Storin,,Drain Improvements and any maintenance and repair of same, except.that Grantor, shall remain obligated to perform at its sole cost any remedial work respecting the Storm,Drain Improvements that may be required as part of or in connection with any court order, settlement or other resolution of the legal action that has been undertaken by the Orange County District Attorney in Orange. County Case No. 01CF-2513. Grantor acknowledges and recognizes that Grantee may, pursuant to the easement rights herein granted, remove/or replace Grantor's existing permitted" (CAT -approved) Storm Drain Improvements with "Like Kind" improvements: Grantee shall endeavor to provide Grantor with at least two (2) days advance written notice of any maintenance or hon -emergency repairs impacting the Easement Area. Immediately following. any work, undertaken by or on behalf of Grantee, Grantee shall restore all impacted'.,portiogs.of'the 1. Grantors property, including the surface thereof, to the condition thereof tmmedlately preceding the work undertaken by or on behalf of Grantee. Grantor shall have the right toutilize the Easement Area and the surface thereof In any manner that does not unduly Interfere with,the Easement herein granted; provided, however, that Grantor shall not construct any buildings or other permanent improvements over the surface of the Easement Area other than asphalt or other paving, and curbs, sidewalks and other permanent improvements, If any, that may herepfter;be approved or required by the City. Furthermore, Grantor shall not install any new' landscaping in the easement Area other than turf or other ground coverings that may be reasonably'approved by the. City. Grantee agrees to indemnify and hold Grantor and its agents -harmless from and''agalnst`any claims, damages or liability related to activities 'undertaken"by or'on, behalf of Grantee` `respecting the subject easement. The Easement hereby created shall be binding on the heirs,'successors, assignees of Grantor and Grantee and future title owners of.sald land, and no assignable by Grantee, but Is not assignable by Grantee to third parties.' Saddleback istian C ornia noo-profit religious c n '' / By: Date' _, 200610 . e: W. , Title: c n. P -V i1i CI ACCEPTANCE The City of San Juan Capistrano hereby acknowledges its acceptance of the conveyance herein made. City of San Juan Capistrano, a- Municipal Corporation under the laws of the State of California By: M STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE ) Date: .2006 On it -IT ^ " 2006,beforeme, W#",Ao& " C undersigned, a Notary Public in and for said State, personally appeared _jM personally known to me (or proved to me on the basis of satisfactory evident name(q) (is)(sle) subscribed to the within Instrument and acknowledged to me the sae in (hls)(I*)("r) authorized eapacity(i"), and that by-(his)(hi Instrument the person(ef, or the entity upon behaff of which the person acctt&/&(( WITNESS my hand and ofticlal seal.����11///. to be the person(A whose at (he)(sge)(1*) executed thgtr) signature(# on the xecuted the instrument. `Notify Public in and for said State � � WILLIAM N, ODE(SON ....... . NOThR � ff 15113!3 STATE OF CALIFORNIA)ORANGE C� p� )ss. COMM. SM OCi.1, 2006 �+ COUNTY OF ORANGE ) On2006, before me, the undersigned, a Notary Public In and fir said State, personally appeared personally known to me (or proved to me on the basis of safisfactory evidence) to be the person(s) whose name(s) (Is)(are) subscribed to the within instrument and acknowledged to me that (he)(shexthey) executed the same In (his)(her)(their) authorized capacdy(ies), and that'by (his)(her)(their) signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed ftle Instrument. WITNESS my hand and official seal. Notary Public in $nd for said State rl to to 1W. ca.N;,t e:.^:1 , dic;lr.. sr:::p r.vrS^n' in : • n;:. il.. I .aA, 4•la.�l:: Ilt.l.-I .:;i .i, i':,•{:.1 a.. ,.. _. _ .. ar... �... ... 'il i rvuti •• lilt . � ' Page 1 of 1 PENCO ENGINEERING, INC. ONE TECHNOLOGY PARK -BUILDING J-725 IRVINE, CA 92618 REVISED: OCTOBER 19, 2005 AUGUST 19, 2005 JN: 1020.01 EXHIBIT "A" LEGAL DESCRIPTION FOR STORM DRAIN EASEMENT AREA THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF OSO ROAD AND CAMINO CAPISTRANO AS SHOWN ON PARCEL MAP NO, 2001-158 FILED IN BOOK 324, PAGES 14 AND 15 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF OSO ROAD SOUTH 7005079" WEST 90,00 FEET TO THE WESTERLY LINE OF THE A.T. & S.F. RAILROAD RIGHT OF WAY, 60.00 FEET WIDE; THENCE ALONG SAID RAILROAD RIGHT OF WAY NORTH 1,8040'31" WEST 20.00 FEET TO A POINT IN THE NORTHERLY LINE OF OSO ROAD; THENCE ALONG SAID NORTHERLY LINE OF OSO ROAD SOUTH 70°60'29" WEST 590.00 FEET TO A POINT IN SAID NORTHERLY LINE 590.00 FEET WESTERLY FROM THE WESTERLY LINE OF SAID A.T. & S.F. RAILROAD RIGHT OF WAY, MEASURED ALONG SAID NORTHERLY LINE, SAID POINT BEING THE TRUE,POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF OSO ROAD SOUTH 70050'29" WEST 402.00 FEET; THENCE AT RIGHT ANGLES NORTH 19°09'31" WEST 18,00 FEET TO A LINE PARALLEL WITH AND 18.00 FEET NORTHERLY OF SAID NORTHERLY LINE OF OSO ROAD; THENCE ALONG SAID PARALLEL LINE NORTH 7006029" EAST 402.00 FEET; THENCE AT RIGHT ANGLES SOUTH 19°09'31" EAST, 18.00, FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 7,236 SQUARE FEET, MORE OR LESS.' EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION " PREPARED BY ME OR UNDER MY DIRECTION.' 11 S InS'' WILLIAM E. SNOW DATE �p LAND dp P.L.S, NO. 4725 b E 9G REG. EXP: 09/3 „ * FX o e OF c F;VOB\2003\01026,00\swvq\LAPU3=riplion tnul-Pmnt-0eo-Rd-ARMED.doo I I EXHIBIT 'B' STORM DRAIN EASEMENT AREA PaR, sW 1/4, SEC, 8$ 77 S, R8 W. SRM, I, F- W W 2 0 W W I RS3.2/81 LF=410'47" \2 R=1546.00' X4'10'47" N L=112.78' R=1462.00 v L=106.65'\�• PARCEL 1JJAP Na. 2001-168 P.M.S. 02-81-14Z RSS. -58! 17 � S LEGEND I � ' T.P.O.B, - TRUE POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT - LIMITS OF OSO ROAD DEED - STORM DRAIN EASEMENT AREA (APPROX. 7,236 sq. ft.) 4 N SCALE: 1"=100' t Zg.2A SHEET 1 OF 2 PENCO ENGINEERING, INC Civil Engineering One Tedrabov Planning 0-4"A-725 Surveying tvha cdronia amts (949) 753--981 ` Il 15 OS 1 WILLIAM E. Si DATE 25, REG. EXP:.O 30 7 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION '°* SADDLEBAC,K_ VALLEY CHRISTIAN:., SCHOOL AD RO. DEED I , EXPIRES a WEPT. 90, 2007 No. 4725 00 ALE: 1"=100' AWN BY: REP ECXED BY: WES TE: 10-19-05 3 No. 1026.01 x PENCO ENGINEERING, INC Civil Engineering One Tedrabov Planning 0-4"A-725 Surveying tvha cdronia amts (949) 753--981 ` Il 15 OS 1 WILLIAM E. Si DATE 25, REG. EXP:.O 30 7 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION '°* SADDLEBAC,K_ VALLEY CHRISTIAN:., SCHOOL AD RO. DEED I , EXPIRES a WEPT. 90, 2007 No. 4725 00 ALE: 1"=100' AWN BY: REP ECXED BY: WES TE: 10-19-05 3 No. 1026.01 N i SCALE: 1"=100' Un INC, ONE EXHIBrr V STORM DRAIN EASEMENT AREA PDR. Sal 1/41 SEC. SB T7 S, R1 W, SSM. SHEET 2 OF 2 Ftsil 2/31 6=4.10'47" R=1546.00' /=4'10'47 \ L=112.78 R=1462.00' �90\mow r L=106.65' \ W W 5p29�E Zg"W 5g0p° U) NI°1�1�3'°' g0�� .W 1 JD or 0 8 • '� PARCEL MAP ND. 2Da 1--1513 a P.tvLB. 121111!• lu R.S.S.-5.81v-11 v u