1991-0513_ORANGE, COUNTY OF_ Grant Deed_91-231671gecorded at request of, •
WHEN RECORDED MAIL TO:
County of Orange
General Services Agency
Real Estate Division
P. 0. Box 4106
Santa Ana, California 92702
ATTN: A1,1— 4 `,7
91=231671
EXEVIPT
C5
• RECORDING REQUESTED BY
FIRST AMERICAN TITLE INS. CO.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
-las PM MAY 13'91
Q' y6tarze-t RECORDER
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX SIAILMENTS TO:
THIS IS TO CERTIFY THAT THIS DOCUMENT IS
PRESENTED FOR RECORD BY GSA/REAL ESTATE
DIVISION UNDER GOVT. CODE 6103 AND IS ALSO
EXEMPT FROM PAYMENT OF DOCUMENTARY TRANSFER
TAX.
By: t'/YwJ 4>I
A7
GSA/REAL ESTATE DIVISIONC�
A. P. NO.
UNINCORPORATED AREA
-T INCORPORATED, CITY OF SAN JUAN CAPISTRANO
Project/Parcel No: Y63-127, 127.1, 127.2,
127.3
Project: Stonehill Drive
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
San Juan Capistrano Community Redevelopment Agency
do(es) hereby GRANT to the COUNTY OF ORANGE, Fee title to Parcel 127; a perpetual
easement and right of way for Slope purposes as to Parcel 127.1; a perpetual
easement and right of way for Drainage purposes as to Parcel 127.2; a temporary
easement for Construction purposes as to Parcel 127.3, in, on, and over the real
property in the County of Orange, State of California, described as:
(See Pages 2, 3, & 4 for legal descriptions)
Temporary Construction Easements herein shall be for a period of twelve (12) months from
the commencement of construction. Grantor shall be given written notice by County as to
the date County requires use of the property. County's Director of Public Works is
authorized to provide said notice on behalf of the County.
0525q MJH:nd:da 11-15-88 MAIL TAX STATEMENTS AS DIRECTED ABOVE A3-7.7
PD:cv:paw 2545u-1 12-19-89
LEGAL DESCRIPTION
STONEHILL DRIVE
PARCEL No. 127: (Fee Estate)
That portion of the Pryor Homestead Tract, in the Rancho Boca de la
Playa, in the city of San Juan Capistrano, county of Orange, state of
California, per map of partition of said tract in the decree of the
Superior Court of the State of California, in and for the county of
Orange, in Case No. 1210, described as Parcel 2 in a deed to Kaiser
Development Company, a California corporation, recorded May 30, 1986
in Document No. 86-225004 of Official Records in the office of the
County Recorder of said county, lying westerly and southerly of the
following described line:
Beginning at a point on the southwesterly line of said Parcel 2,
distant N.65020'40"W., 320.05 feet along said southwesterly line from
the intersection of said southwesterly line with the westerly line of
A.T. and S.F. Railroad right of way as shown on a map filed in book
47, page 38 of Record of Survey in the office of said County Recorder;
thence N.8007108"E., 47.60 feet; thence N.72053149"W., 57.18 feet to
the most westerly line of said Parcel 2, said most westerly line also
being the easterly line of Parcel L1-113.01 as described in the Final
Order of Condemnation recorded January 8, 1963 in book 6386, page 776
of said Official Records.
EXCEPT that portion thereof lying easterly of a line that is parallel
with and 170.00 feet easterly from the reference line described in
said Parcel L1-113.01.
PARCEL No. 127.1: (Slope Easement)
An easement for slope purposes over that portion of the Pryor
Homestead Tract, in the Rancho Boca de la Playa, in the city of San
Juan Capistrano, county of Orange, state of California, per map of
partition of said tract in the decree of the Superior Court of the
State of California, in and for the county of Orange, in Case No.
1210, described as Parcel 2 in a deed to Kaiser Development Company, a
California corporation, recorded May 30, 1986 in Document No.
86-225004 of Official Records in the office of the County Recorder of
said county, lying westerly and southerly of the following described.
line:
Beginning at a point on the southwesterly line of said Parcel 2,
distant N.65020'40"W., 320.05 feet along said southwesterly line from
the intersection of said southwesterly line with the westerly line of
A.T. and S.F. Railroad right of way as shown on a map filed in book
47, page 38 of Record of Survey in the office of said County Recorder;
thence N.8°07108"E., 47.60 feet; thence N.72053149"W., 57.18 feet to
the most westerly line of said Parcel 2, said most westerly line also
being the easterly line of Parcel L1-113.01 as described in the Final
Order of'Condemnation recorded January 8, 1963 in book 6386, page 776
of said Official Records.
EXCEPT that portion thereof lying westerly of a line that is parallel
with and 170.00 feet easterly from the reference line described in
said Parcel L1-113.01.
PARCEL No. 127.2: (Drainage Easement)
An easement for drainage purposes over that portion of that certain
land in the Pryor Homestead Tract, in the Rancho Boca de la Playa, in
the city of San Juan Capistrano, county of Orange, state of
California, per map of partition of said tract in the decree of the
Superior Court of the State of California, in and for the County of
Orange, in case no. 1210, described as Parcel 2 in a deed to Kaiser
Development Company, a California Corporation, recorded may 30, 1986
in Document no. 86-225004 of Official Records in the office of the
County Recorder of said county, lying within a strip of land, 10.00
feet wide, the center line of said strip of land being described as
follows:
Beginning at the southerly terminus of that certain course having a
bearing of N.11037117"E. and a length of 2223.48 feet in the reference
line described in a deed to the orange county flood control district
recorded October 30, 1962 in book 6302, page 724 of said official
records; thence N.11036'55"E., 86.68 feet along said certain course;
thence S.78°23'05"E., 170.00 feet to the TRUE POINT OF BEGINNING;
thence continuing 5.78023,05"E., 28.92 feet.
PARCEL NO. 127.3: (Temporary Construction Easement)
An easement for temporary construction purposes over a strip of land,
15.00 feet wide, in that portion of the Pryor Homestead Tract, in the
Rancho Boca de la Playa, in the city of San Juan Capistrano, county of
Orange, state of California, per map of partition of said tract in the
decree of the Superior Court of the State of California, in and for
the County of Orange, in case No. 1210, described as Parcel 2 in a
deed to Kaiser Development Company, a California Corporation, recorded
may 30, 1986 in Document No. 86-225004 of Official Records in the
office of the County Recorder of said county, the westerly and
southerly line of said strip of land being described as follows:
Beginning at a point on the 'southwesterly line of said Parcel 2,
distant N.65020'40"w., 320.05 feet along said southwesterly line from
the intersection of said southwesterly line with the westerly line of
the A.T. and S.F. Railroad right-of-way as shown on a map filed in
book 47, page 38 of Records of Survey in the office of said County
Recorder; thence N.8007108"E., 47.60 feet; thence N.7205314911w., 57.18
feet to the most westerly line of said Parcel 2, said most westerly
line also being the easterly line of Parcel L1-113.01 as described in
the Final Order of Condemnation recorded January 6, 1963 in book 6386,
3
page 776 of said Official Records.
The easterly and northerly lines of said strip of land shall be
prolonged or shortened as necessary to terminate southerly on said
southwesterly line and westerly to terminate on said most westerly
line.
APPROVF�D:
HAROLD . SCOTT
Right of W� Enginper
jJ 4ES `tWILLIAMS
istered Civil Engineer
Certificate No. 13154
Expiration Date: Mar. 31,1989
4
0
Dated
October 18, 1990
Ll
Signed in the presence of:
Subscribing Witness
STATE OF CALIFORNIA, COUNTY OF
SAN JUA, CAPISTRANO COMMUNITY
REDEVE ENT AGENCY
/ �'
<enneth E. F riess, Ch rm
ep en 5. juilan, Executive Direct,
INDIVIDUAL ACKNOWLEDGMENT
. ss:
On , befor,me, the undersigned, a Notary
Public in and for said County and State, personal appeared
known to me to be the per
within Instrument, and ac
basis of satisfactory evi
whose name
acknowledged that
whose name subscribea to the
Rae—pers known or proved to me on the
to be the person
subsc—riEed to the within Instrument, an
executed the same.
WITNESS my he4d and official seal.
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within deed or
grant to the County of Orange, a body corporate and politic, is hereby accepted by the
undersigned officer or agent on behalf of the Board of Supervisors of the County of
Orange, pursuant to authority conferred by resolution of the said Board of Supervisors
adopted on November 4, 1975, and the grantee consents to r cordation the f by its
duly authorized officer.
Dated r By
Ndc cel J. `o:card
APPROVALS clic•:e1
, An,. -i-. Cion ^..coon
<3SA/R—,al Ls'.sca Division
County Counsel
P
By
Date�Lcz,JB
0326q-1 MJH:nd 1-23-89 A3-7.7
• SUBSCRIBING WITNESS ACKNOWLEDGMENT
STATE OF CALIFORNIA, COUNTY OF
ss
On before he undersigned, a Notary Public
in and or saidCounty an tate, personally ap red
personally known to me (or proved to me on basis o satisfactory evidence) to e
the person whose name is subscribed to t within Instrument, as a Witness thereto,
who being by me duly sworn, deposes says: That
resides in C0ounty, and that
was present and saw
personally known to to be the same person
described in and who name subscribed to the within an annexe
Instrument as ere o, execute and deliver the same, and
acknowledged t saT a cant that executed the same; and saT a cant
subscribed name tFe-r-4155--a-s--a7ftness.
WITNESS my hand and official seal.
CORPORATE ACKNOWLEDGMENT
STATE OF CALIFORNIA, COUNTY OF Orange : ss:
On this 18th day of October , 19900before me, a Notary Public
in and for saT bounty and State, persona y appeared eenneth E. Friess
personally known to me (orproyed--to--n*-oft -fhe-bas-}*--o - }s - r-y-ev to be
the Chairmani and Stephen B. Julian
persona ynn o me -or Frovedtor-me--=-the » asla y-ev to be
the Executiowve Director Secretary of ifcgrrpAration that executed the within
Instrument and acknowledged to me that such/ tion executed the within Instrument
pursuant to its by-laws or a resolution of its Board of Directors.
WITNESS my hand and official seal.
OFFICIAL SEAL
M1IGTF.RY PUBLIC' COUNTY CALIFORNIA
ORANGE COUNTY
My comm. expires DEC 13, 1993 PARTNERSHIP ACKNOWLEDGMENT
STATE OF CALIFORNIA, COUNTY OF
On this day of
in and for s a7ounty anTRa
ss:
19 ,,before me, a Notary Public
appeared—
personally known to me (o roved to me on the basis of satisfactory evide
the partner(s) of thSpIrtnership that executed the within Instrument, and
acknowledged to at such partnership executed the same.
WITNESS hand and official seal.
0326q-2 MJH:nd 1-23-89
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Project No.: Y63
Project: Stonehill
Parcel No: Y63-127,
Drive
127.1, 127.2, 127.3
ACQUISITION CONTRACT
•
THIS CONTRACT is made L "j, 19,T1 , by and between
SAN JUAN CAPISTRANO COFifdUNilYHh6EVELOPMENT AGENCY,—Hereinafter referred to as
"GRANTOR" and COUNTY OF ORANGE, hereinafter referred to as "COUNTY," without regard
to number or gender.
GRANT DEED dated /.P , 1990, covering property designated on
COUNTY records as Parcel Nos. 127 FEE ACQUISITION), 127.1, (SLOPE EASEMENT) 127.2
(DRAINAGE EASEMENT) and 127.3 (TEMPORARY CONSTRUCTION EASEMENT) have been executed
and delivered to Paul Douglas, Jr., Real Property Agent for the County of Orange,
GSA/Real Estate Division.
In consideration of which, and the other considerations hereinafter set forth, it is
mutually agreed as follows:
1. TOTAL AGREEMENT
The parties have herein set forth the whole of their agreement. The performance of
this agreement shall constitute the entire consideration for delivery of said deed
to COUNTY and shall relieve COUNTY of any further obligation or claim on this
account, or on account of the location, grade or construction of the proposed public
improvement. GRANTOR acknowledges hereby that the location, grade, and construction
of the proposed public improvement have been fully described to GRANTOR.
2. PAYMENT (2.1 S)
COUNTY shall:
A. Pay to the order of the undersigned GRANTOR the sum of Four Thousand Four
Hundred Dollars ($4,400) (less any amounts authorized to be paid pursuant to this
contract) within sixty (60) days after fee title to said parcel 127 and title to the
easements set forth in the above-mentioned deed have vested in the COUNTY free and
clear of all liens, encumbrances, assessments, easements, leases (recorded and
unrecorded) and taxes, except:
(1) Any installment of General and Special County and City Taxes, if any,
allocable to a period subsequent to the time title is vested in, or actual
possession or physical possession is taken by the COUNTY, whichever first
occurs, and all taxes subsequent thereto.
PJD:paw
2749w-1
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(However, GRANTOR shall remain liable for payment of any taxes allocable to a
period prior to the time title is vested in, or actual possession or physical
possession is taken by the COUNTY, whichever first occurs, pursuant to the
provisions of Sections 5084 and 5086 of the California Revenue and Taxation
Code, as amended, and the COUNTY is authorized to pay on behalf of GRANTOR, from
the amount shown above, any such taxes, whether or not delinquent, together with
penalties and interest thereon, and delinquent or nondelinquent assessments or
bonds and any interest thereon allocable to such period of time.)
(2) The lien of supplemental taxes, if any, assessed pursuant to the provisions
of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of
the State of California added by Chapter 498, statutes of 1983, will be
permitted to show in County's Title Insurance Policy.
(However, GRANTOR shall remain liable for payment of such taxes as set forth in
Clause 2A above.)
(3) Public utility easements recorded November 5, 1930, in Book 437, Page 64;
June 11, 1938 in Book 944, Page 134; September 6, 1961 in Book 5839, Page
219; September 12, 1979 in Book 13307, Pages 359 and 363 of Official
Records.
(4) Slope easement for flood control purposes recorded in Book 6409, Page 745
of Official Records.
(5) Any restrictions covering the future use of said land, as disclosed by a
"Statement for a Redevelopment Project," recorded as Instrument No.
83-301250 of Official Records.
(6) Easements for an instrument entitled "Order to Compromise Claim for Eminent
Domain" recorded March 6, 1986 as Instrument 86-082825 of Official Records.
(7) Map filed in Book 223, Pages 10-12 of parcel maps.
(8) Any title exceptions not required to be cleared from the title to said
property by COUNTY's Manager, General Services Agency, Real Estate
Division.
B. Pay recording and trust deed clearance fees incurred in this transaction and the
premium charged for title insurance, if such insurance is desired by COUNTY. For
purposes of this transaction, trust deed clearance fees are defined as forwarding
fees, trustee's fees, subordination or reconveyance fees.
3. LEASE INDEMNIFICATION (5.2 S)
GRANTOR warrants that there are no oral or written leases or licenses on all or any
portion of the property, and the GRANTOR agrees to hold the COUNTY harmless and
reimburse the COUNTY for any and all of COUNTY's losses and expenses occasioned by
reason of any lease or license of said property held by any tenant or licensee of
GRANTOR.
PJD:paw:lmc
2749w-2
12-31-89
1 4. CONSENT TO DISMISSAL OF CONDEMNATION (6.2 S)
2 GRANTOR hereby agrees and consents to the dismissal of any eminent domain action .
which may be filed by the COUNTY to acquire said Parcel Nos. Y63-127, 127.1, 127.2,
3 127.3, and waives any and all claim to money that may be deposited in the Superior
Court in such an action.
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5. ACQUISITION BY STIPULATED JUDGMENT IN LIEU OF DEED (6.5 S)
5
In the event GRANTOR is unable to deliver title in a reasonable time in accordance
6 with the terms of this contract, the COUNTY may file an action in eminent domain to
pursue the acquisition of this parcel(s). GRANTOR agrees to waive all claims and
7 defenses to such an action and agrees that this contract shall constitute a
stipulation which may be filed in such action as final and conclusive evidence of
8 just compensation for the acquisition, including all of the items provided in
Chapter 9, Title 7 of the Code of Civil Procedure commencing with Section 1263.010.
9
6. ATTACHMENTS (19.1 S)
10
This contract includes Exhibit A --Right of Way Map, which is attached hereto and
11 made a part hereof.
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12-20-89
IN WITNESS WHEREOF, the parties have executed this contract the day and year first
above written.
GRANTOR
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT
AGENCY
By:
By:
APPROVED AS TO FORM:
County Counsel
By
RECOMMENDED FOR APPROVAL
Environmental Management Agency
VV. oC. Zan
10
RECOMMENDED FOR APPROVAL
General Services Agency
Facilities, Property and Transportation
Real Estate Division _
By
SIGNED AND CERTIFIE6'THAT 1i COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
—J LINDA D. RUTH
Clerk of the Board of Supervisors
of Orange County, California
v
COUNTY
COON Y OF ORANGE
Chairman, Board of Supe sors
(NO OBLIGATIONS OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED.)
PJD:paw
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