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Resolution Number 07-04-17-02RESOLUTION NO. 07-04-17-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN EASEMENT QUITCLAIM DEED RELATING TO ASSESSOR'S PARCEL NO. 666-301-11 AND ACCEPTING JERWEL EASEMENT AND GRANT DEEDS THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY RESOLVES TO: a) Approve that certain quitclaim deed attached hereto as attachment 1 quitclaiming city owned easement rights with respect to that certain parcel referred to as Assessor's Parcel No. 666-301-11, consisting of approximately one acre located adjacent to Valle Road in the City of San Juan Capistrano, or other deed instrument in substantially the same form; and b) Accept the Easement and Grant Deeds attached hereto as attachment 2 and 3 respectively, from Jerwel Enterprises, or other deed forms in substantially similar form thereto. The City Manager is authorized to execute applicable deeds as noted above, ' including any other escrow documents required to complete escrow. PASSED, APPROVED, AND ADOPTED th' 17th day of April, 2007. SA ALLEVAT0. MAYOR ATTEST: MAAGAET R. MONAHAN, CITY CLERK Page 1 of 2 04/17/2007 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. 07-04-17-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 17th day of April 2007, by the following vote: AYES: COUNCIL MEMBERS: Nielsen, Uso, Hribar, Soto and Mayor Allevato NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None A('u ;� 12, R. MONAHAN, City Clerk Page 2 of 2 04/17/2007 Recording Requested by and When Recorded Mail to: City of San Juan Capistrano, Ca. Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 [Exempt from Recording Fees/G.C. Sec. 61031 QUITCLAIM DEED FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, the City of San Juan Capistrano, a municipal corporation, hereby remises, releases, and quitclaims to Jerwel Enterprises, a California Partnership, that certain easement entitled "Construction and Slope easement" acquired by Final Order of Condemnation, dated September 17, 2002, said easement more particularly described and set forth in Exhibit A, attached and incorporated herein by reference. IDated: 2007. City of San Juan Capistrano Attest: Meg Monahan, City Clerk Approved as form: John R. Shaw, City Attorney Acknowledgement J Attachment 1 Lo Sam Allevato, Mayor N1 Pi LEGAL DESCRIPTION FOR CONSTRUCTION ,AN D SLOPE EASEME;sT Those portions of Lots 5 and 8 of a Record of Survey in the City of San luso Capistrano, Countyof Orange, State of Colifornia, as shown on o map filed in Book 4, Page 15 of Record of Stir�cys in the office of the County Recorder of said County, described as fol osys: Beginning at the Southerly terminus of the course shown as Delta - 3824372", R=91' and t.= 61.50' along the Southeasterly line of Parcel I of relinquishment No. 722 recorded March 31, 1970 in Book 9252, Page 371 of0fficial Records, a radial line to said terminus bears South 86017'24" West; thence Northerly 61...50 feet along said Southeasterly line 1. through a central angle of 38°43'22"; thence tangent from said curve, North 35°00'46" East 652.41 feet along said Southeasterly line to the Northwesterly prolongation of the course shown as "N53'30'22"W 301 83"' along the boundary of Record of Survey No. 89-1039 as shown on a map filed In Book 123, Pages 34 through 36, inclusive, of said Record of Survev; thence along said prolongation. .uuth 53°3072" East 1 1.09 feet to the Northwesterly terminus of said course; thence along the boundary of' said Records of Surrey the following courses: South 14°52'08" West 346.84 feet, South 5612'18" West 292,76 feet and South 36°36'45^ West 111.19 feet to the Point of Be e;nn in g. AS shown on E..Nhibn "B" attached hcrcto and by this reference made apart hereof. �I Rory License F,ap ires: Decent be 31, 1999 Rory S. Williams EAP. 12/31199 No. 6654 April7.1998 - Page 1 of 1 W,0.1890.14196X HSA Legal No. 45'-0 Prepared 0y H. Fuss Ck'd By R, V. Edeeal _L City of San Juan Capistrano Date of Value; December 19, 2006 -� APN 666-301-11 (Jerwel Enterprises) I I 0 EXHIBIT "B" Skek 0 ACCOMPMn') Legal Descli'plion ANFJUNvSAJKER ASSOCIATES EASEMENT C•.29 A FOR CONSTRUCTION ANO SLOPE PURPOSES CM OF SAN � CAP4TPANO. Of COUNTY OF OFMOV. VATS OF CALWOF- Ne't H. Foss V. Edq,::SCALE 1"-100* W.O. 11390-14196X :278-38AO0201H&ALEGAL No. 45201 SHEET iOFI City of San Juan Capistrano AIIN 666-301-11 (Jerwel Enterprises) Date of Value: December 19, 2006 Recording Requested by and When Recorded Mail to: City of San Juan Capistrano, Ca. Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 [Exempt from EASEMENT DEED FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, Jerwel Enterprises, a California Partnership, hereby grants and demises to the City of San Juan Capistrano, a municipal corporation, a easement for the purpose of constructing and maintaining a storm drain pipe line, and related appurtenances, over Assessor's Parcel No. 666-301-11, as more particularly described in Exhibit A, attached and incorporated herein by reference. Dated: _ , 2007. Jerwel Enterprises, a California Partnership Attachment 2 ' Recording Requested by and When Recorded Mail to: City of San Juan Capistrano, Ca. Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 from Recording Fees/U.C. sec. 6103] GRANT DEED FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, Jerwel Enterprises, a California Partnership, fee title owner of Assessor's Parcel No. 666-301-01, hereby grants and demises to the City of San Juan Capistrano, a municipal corporation, fee title to that real property, more particularly described in Exhibit A, attached and incorporated herein by reference. Dated: 12007 Jerwel Enterprises, a California Partnership LE Attachment 3