17-0815_TAYLOR, RONALD L. & CINDY KAE_Agenda Report_E9TO:
FROM:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
::l§:n Siegel, City Manager
8/15/2017
E9
SUBMITTED BY: Steve May, Public Works and Utilities Director ,LIUA-
PREPARED BY:
DATE:
SUBJECT:
George Alvarez, City Engineer, P.E.
August15,2017
Consideration of Agreements for Acquisition of Real Property from
Adjacent Property Owners for Del Obispo Street Widening Project
at 32221 and 32151 Del Obispo Street and 26112 Calle
Cobblestone
RECOMMENDATION :·
1. Approve and authorize the City Manager to execute agreements for acquisition of
real property from adjacent property owners at 32221 and 32151 Del Obispo Street
and at 26112 Calle Cobblestone; and,
2. Authorize the City Manager to sign the certificates of acceptance of grants of
permanent easements and temporary construction easements.
DISCUSSION/ANALYSIS :
Design of the Del Obispo Street Widening Project has been completed and the Project
was advertised for construction on June 29, 2017. The widening project requires
roadway easements and temporary construction easements from three adjacent
property owners at 32221 and 32151 Del Obispo Street and 26112 Calle Cobblestone
as depicted on Attachment 1. The property at 26112 Calle Cobblestone backs onto Del
Obispo Street south of Calle Aspero, and the needed easements are at the rear of this
property. The City has negotiated agreements with the three property owners to acquire
the needed roadway easements and temporary construction easements, and the
agreements have been signed by each of the property owners (Attachment 2, 3, and 4 ).
Staff recommends that the City Council approve these agreements and authorize the
City Manager to sign the agreements and the certificates of acceptance for the
easements.
City Council Agenda Report
August 15, 2017
Page 2 of 3
The payments or other considerations to be provided to each property owner were
negotiated with each property owner and are based on appraisals of the properties and
rights to be acquired, and on the value of the acquired properties and rights to the
Project. Without the acquisition of this property for roadway and temporary construction
easements, this project cannot move forward.
FISCAL IMPACT:
Agreements with two adjacent property owners at 32151 Del Obispo Street and 26112
Calle Cobblestone will require payments to those property owners for a total amount of
$68,937. The agreement with a third adjacent property owner at 32221 Del Obispo
Street does not involve monetary compensation, but is contingent on the transfer of
unused right-of-way through the vacation process also on tonight's agenda. The current
unencumbered Project budget of $1,323,000 is sufficient to cover these costs. Funding
for the Project is 50% Measure M2 grant funds and 50% Capistrano Circulation Fee
Program funds.
ENVIRONMENTAL IMPACT :
A Mitigated Negative Declaration (MND) was previously prepared and adopted for the
Project on March 21, 2017, by Resolution No. 17-03-21-04. The action proposed is
consistent with the previously adopted MND, which serves as the environmental
documentation for this action under provisions of the California Environmental Quality
Act.
PRIOR CITY COUNCIL REVIEW :
• On September 16, 2014, the City Council adopted a Resolution authorizing
submission of an application for grant funds to the Orange County Transportation
Authority in its call for projects for the Del Obispo Street Widening Project.
• On November 3, 2015, the City Council approved a Professional Services
Agreement with CNC Engineering to perform professional engineering services to
prepare engineering design, specifications, cost estimates, and environmental
documents for the Del Obispo Street Widening Project in an amount not to exceed
$191,142, which includes a 10% contingency.
• On May 23, 2016, at the budget workshop, and at the 75% design phase of the
Project, the City Council reviewed the Project and took no action, allowing the
project to proceed through completion of design and environmental documentation.
• On March 21, 2017, the City Council adopted a Resolution approving the Del Obispo
Street Widening Project from Calle Aspero to Paseo De La Paz .
• On March 21, 2017, the City Council adopted a Mitigated Negative Declaration for
the Del Obispo Street Widening Project from Calle Aspero to Paseo De La Paz.
City Council Agenda Report
August 15, 2017
Page 3 of 3
• On June 6, 2017, the City Council approved Amendment No.1 to the Professional
Services Agreement with CNC Engineering Inc. and Property Specialists Inc. (CPSI)
to increase the compensation amount.
• On July 18, 2017, the City Council adopted a Resolution of Intent declaring the City's
intent to vacate portions of Del Obispo Street right of way at 32151, 32221, and
32351 Del Obispo Street, and setting a public hearing date of August 15, 2017, to
consider the right of way vacation.
• On August 16, 2017, the City Council will consider adoption of a Resolution vacating
a portion of right-of-way on Del Obispo Street.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS :
This item does not require commission review .
NOTIFICATION:
Robert L. Morey (adjacent property owner)
Harry Falklam (adjacent property owner)
Ron and Cindy Taylor (adjacent property owner)
Dan Almquist (adjacent property owner)
May Hout, Orange County Transportation Authority
ATTACHMENTS:
Attachment 1-Easement Areas Map
Attachment 2-Agreement 26112 Calle Cobblestone
Attachment 3-Agreement 32151 Del Obispo Street
Attachment 4-Agreement 32221 Del Obispo Street
APN: 673-061 -08\ PRtVA, TE
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APN: 673-061-10
32351 DEL OBISPO STREET
DAN AL~OUIST
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APN: 673-111-21
32221 DEL OBISPO STREET
TAYLOR FAMILY TRUST
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APN: 673-801-22 f OLIVA HOMES I /ooo ~•m~
APN: 673-111-17
32151 DEL 061SPO STREET
HARRY FALKA~
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DEL ostsPo STREET --,·., .. r
PARCEL NO.: 673-111-28
TITLE REPORT NO.: 140-1781450-66
PROJECT: Del Obispo Widening Project
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
(ESCROW INSTRUCTIONS)
THIS AGREEMENT ("Agreement") is entered into this .J_ t day of June . 2017 by
and between the City of San Juan Capistrano. a Caliomia mun icipal corporation.
(hereinafter called "Buyer''), and Robert L. Morey, (hereinafter called "Seller") for
acquisition by Buyer of one Temporary Construction Easement and one Permanent
Roadway Easement over real property hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer
agrees to purchase from Seller, upon the terms and for the consideration set forth in this
Agreement the following interest(s) in property, all situated in the City of San Juan Capistrano,
County of Orange, State of California :
A. Temporary Construction Easement (Attached as Attachment 1)
B. Permanent Roadway Easement (Attached as Attachment 2)
The legal description of each interest is identified in the referenced attachment(s). which
is/are hereby incorporated by reference.
2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall
be the sum of
A. Temporary Construction Easement
B. Permanent Roadway Easement
C. Improvements
D. Negotiated Settlement
TOTAL (rounded):
$11,673
$ 400
$19,914
$25,250
$57,237
The total purchase price includes: acquisition value of the property interests identified in
Section 1.
City commits to implement the landscape plan, (Attachment 3) as it affects Seller's property,
and is approved by Seller's Home Owner's Association.
3. CONVEYANCE OF TITLE. Seller agrees to convey by Easement Deed to Buyer a
marketable easement free and clear of all recorded and unrecorded liens, encumbrances,
assessments, easements, leases, and taxes EXCEPT:
A. All taxes for the current fiscal year prorated as per Section 5 hereinafter.
?age 1
Attachment 2-Page 1 of 21
B. Quasi-public utility, public alley, public street easements, and rights of way of
record.
C. Preliminary Title Report to be provided by Orange Coast Title Company and
approved in Escrow.
4. TITLE INSURANCE POLICY. At the Buyers discretion, Escrow Agent shalt, following
recording of deed to Buyer, provide Buyer with CLTA Standard Coverage Policy of Title
Insurance in the amount of $52,450 issued by Orange Coast Title Company showing the title
to the property vested in Buyer, subject only to the exceptions set forth in Section 3 and the
printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged
therefore.
5. ESCROW. Buyer agrees to facilitate escrow services in accordance with this
Agreement with their Right of Way Consultant, CPSI, 26070 Towne Centre Dr., #150, Foothill
Ranch, California (Escrow Agent). This Agreement constitutes the joint escrow instructions of
Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby
empowered to act under this Agreement. The parties hereto agree to do all acts necessary to
close this escrow in the shortest possible time.
Seller agrees to deposit with Escrow Agent prior to the Close of Escrow an original, fully
executed and acknowledged deeds prepared by Escrow Agent and any other customary
agreements, consents, or documents reasonably necessary to effectuate the purchase of the
subject property. Buyer agrees to deposit the purchase price and certificate of acceptance
upon demand of Escrow Agent.
Insurance policies for fire or casualty are not to be transferred, and Seller will cancel his own
policies after close of escrow.
All funds received in this escrow shall be deposited with other escrow funds in a general
escrow account(s) and may be transferred to any other such escrow trust account in any State
or National Bank doing business in the State of California. All disbursements shall be made
by check from such account.
ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE
FOLLOWING TAX ADJUSTMENT PROCEDURE:
A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and
interest thereon, and for any delinquent or non-delinquent assessments or
bonds against the property;
B. In the event this escrow closes between July 1 and November 1, and current
tax information is not available from title insurer, Escrow Agent is instructed to
withhold frorn Seller's proceeds an amount equal to 120% of the prorated
amount due based upon the previous fiscal year's second half tax bill. At such
time that the tax information is available, Escrow Agent shall make a check
payable to the County Tax Collector for Seller's prorated portion of taxes and
forward same to the Buyer and shall refund any difference to the Seller. In the
event the amount withheld is not sufficient to pay Seller's prorated portion of
Paqe ?
Attachment 2-Page 2 of 21
taxes due, the Seller herein agrees to immediately pay the difference;
In the event said tax information is available, Seller's taxes shall be prorated in
accordance with Paragraph "C" below.
C. From the date that tax information is available, as per Paragraph "B"
hereinabove, up to and including June 30th, Seller's current taxes, if unpaid,
shall be prorated to date of close of escrow on the basis of a 365 day year in
accordance with Tax Collector's proration requirements, together with penalties
and interest, if said current taxes are unpaid after December 10 and/or April1 0.
At close of escrow, check payable to the County Tax Collector for Seller's
prorata portion of taxes shall be forwarded to Buyer with closing statement;
D. Any taxes which have been paid by Seller, prior to opening of this escrow, shall
not be prorated between Buyer and Seller, but Seller shall have the sole right,
after close of escrow, to apply to the County Tax Collector of said county for
refund. This refund would apply to the period after Buyer's acquisition, pursuant
to Revenue and Taxation Code Section 5096.7.
ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
E. Pay and charge Seller, upon Seller's written approval, for any amount
necessary to place title in the condition necessary to satisfy Section 3 of this
Agreement, excluding any penalty for prepayment to any lienholder in
compliance with 1265.240 of the Eminent Domain Law;
F. Pay and charge Buyer for any escrow fees, charges, and costs payable under
Section 6 of this Agreement;
G. Disburse funds and deliver deed when conditions of this escrow have been
fulfilled by Buyer and Seller.
The term "close of escrow", if and where written in these instructions, shall mean the
date necessary instruments of conveyance are recorded in the office of the County
Recorder. Recordation of instruments delivered through this escrow is authorized if
necessary or proper in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be
extended by mutual agreement of the parties hereto. Any amendment of, or supplement
to, any instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE
AS SOON AS POSSIBLE. If (except for deposit of money by Buyer, which shall be
made by Buyer upon demand of Escrow Agent before close of escrow) this escrow is not
in condition to close within 45 days from date of these instructions, any party who then
shall have fully complied with his instructions may, in writing, demand the retum of his
money or property; but if none have complied no demand for return thereof shall be
recognized until five (5) days after Escrow Agent shall have mailed copies of such
E'ay-e 3
Attachment 2-Page 3 of 21
demand to all other parties at the respective addresses shown in these escrow
instructions, and if any objections are raised within said five (5) day period, Escrow
Agent is authorized to hold all papers and documents until instructed by a court of
competent jurisdiction or mutual instructions. If no demands are made, proceed with
closing of this escrow as soon as possible .
Responsibility for Escrow Agent under this Agreement is expressly limited to Sections 1, 2, 3,
4, 5, 6, 7, 9, 10, and 17 and to its liability under any policy oftitle insurance issued in regard to
this transaction.
6. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and
Seller's usual fees, charges, and costs which arise in this escrow.
7. RENTAL AND OCCUPANCY BY SELLER. Seller warrants that there are no oral or
written leases on all or any portion of property.
8. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its
authorized agents, permission to enter upon the Property at all reasonable times prior to close
of escrow for the purpose of making necessary or appropriate inspections. It is understood
that the buyer and its contractors will indemnify the undersigned and hold them harmless from
any and all liability for bodily injury, death and property damage arising out of or in any way
connected with such use, and reimburse the seller for all costs, expenses and loss, including
attorney's fees, incurred by them in consequence of any claims, demands and causes of
action which may be made or brought against them arising out of such use.
9. COUNTERPARTS. This Agreement may be executed in counterparts, each of which
so executed shall, irrespective of the date of its execution and delivery, be deemed an
original, and all such counterparts together shall constitute one and the same instrument.
10. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Seller's
statement to Buyer and to Paragon Partners Ltd., 5762 Bolsa Ave, Suite 201, Huntington
Beach, California 92649; purpose being to ascertain if any reimbursements are due to Seller.
11. LOSS OR DAMAGE TO IMPROVE ME~. Loss or damage to the real property or any
improvements thereon, by fire or other casualty, occurring prior to the recordation of the Deed
shall be at the risk of Seller. In the event that loss or damage to the real property or any
improvements thereon, by fire or other casualty, occurs prior to the recordation of the Deed,
Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance which
may become payable to Seller by reason thereof, or to permit such proceeds to be used for
the restoration of the damage done, or to reduce the total price by an amount equal to the
diminution in value of said property by reason of such loss or damage or the amount of
insurance payable to Seller, whichever is greater.
13. WARRANTIES , REPRESENTATIONS. AND COVENANTS OF SELLER. Seller hereby
warrants, represents, and/or covenants to Buyer that:
A. To the best of Seller's knowledge, there are no actions, suits, material claims,
?age 4
Attachment 2-Page 4 of 21
legal proceedings, or any other proceedings affecting the property or any
portion thereof, at law, or in equity before any court or governmental agency,
domestic or foreign.
8 . To the best of Seller's knowledge, there are no encroachments onto the
property by improvements on any adjoining property, nor do any buildings or
improvements encroach on other properties.
C. Until the closing, Seller shall maintain the property in good condition and state
of repair and maintenance, and shall perform all of its obligations under any
service contracts or other contracts affecting the property.
D. Until the closing, Seller shall not do anything which would impair Seller's title to
any of the property.
E. To the best of Seller's knowledge, neither the execution of this Agreement nor
the performance of the obligations herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or
other agreement or instrument to which Seller's property may be bound.
F. Until the closing, Seller shall, upon learning of any fact or condition which would
cause any of the warranties and representations in these Warranties,
Representations, and Covenants of Seller Section not to be true as of closing,
immediately give written notice of such fact or condition to Buyer.
14. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any
previous owner, tenant, occupant, or user of the Property used, generated, released,
discharged, stored, or disposed of any hazardous waste, toxic substances, or related
materials ("Hazardous Materials") on, under, in, or about the Property, or transported any
Hazardous Materials to or from the Property. Seller shall not cause or permit the presence,
use, generation, release, discharge, storage, or disposal of any Hazardous Materials on,
under, in, or about, or the transportation of any Hazardous Materials to or from, the Property.
The term "Hazardous Material" shall mean any substance, material, or waste which is or
becomes regulated by any local governmental authority, the State of California, or the United
States Government, including, but not limited to, any material or substance which is (i) defined
as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under
Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 ofthe California Health
and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as
"hazardous substance" under Section 25316 of the California Health and Safety Code,
Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii)
defined as a "hazardous material", "hazardous substance", or "hazardous waste" under
Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous
substance" under Section 25281 of the California Health and Safety Code, Division 20,
Chapter 6. 7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos,
(·vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or
"extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code,
pivision 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311
Attachment 2-Page 5 of 21
of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to
Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42
U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42.
U.S.C. S9601 et sea. (42 U.S.C. S9601).
15. COMPLI ANCE W ITH ENVIRONMENTA L lAWS. To the best of Seller's knowledge the
Property complies with all applicable laws and governmental regulations including, without
limitation, all applicable federal, state, and local laws pertaining to air and water quality,
hazardous waste, waste disposal, and other environmental matters, including, but not limited
to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal,
Resource Conservation Recovery and Comprehensive Environmental Response
Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
regulations, and ordinances of the city within which the subject property is located, the
California Department of Health Services, the Regional Water Quality Control Board, the State
Water Resources Control Board, the Environmental Protection Agency, and all applicable
federal, state, and local agencies and bureaus.
16. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine,
penalty, punitive damage, or expense (including, without limitation , attorneys' fees), resulting
from, arising out of, or based upon (i) the presence, release, use, generation, discharge,
storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of
any such materials to or from, the Property, or (ii) the violation , or alleged violation, of any
statute, ordinance, order, rule , regulation, permit, judgment, or license relating to the use,
generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on,
under, in, or about, to or from, the Property. This indemnity shall include, without limitation,
any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of
any claim, action, suit or proceeding for personal injury (including sickness, disease, or death,
tangible or intangible property damage, compensation for lost wages, business income, profits
or other economic loss, damage to the natural resource or the environment, nuisance,
pollution, contamination, leak, spill, release, or other adverse effect on the environment). This
indemnity extends only to liability created prior to or up to the date this escrow shall close.
Seller shall not be responsible for acts or omissions to act post close of this escrow.
A. Buyer agrees to provide final footing, retaining wall and shoring design to Seller
for review and comment, prior to initiation of construction.
B. Buyer to maintain improvements installed by Buyer within the easement area ,
including but not limited to, footing, retaining wall and shoring. Buyer shall be
liable for any damages to subject property as a result of any failure of installed
improvements by the Buyer.
17. CONTINGENCY. It is understood and agreed between the parties hereto that the
completion of this transaction, and the escrow created hereby, is contingent upon the specific
acceptance and approval of the Buyer herein .
The terms and conditions, covenants, and agreements set forth herein shall apply to and bind
the heirs, executors, administrators, assigns and successors of the parties hereto .
Attachment 2-Page 6 of 21
By its acceptance of this Temporary Construction Easement, Grantee covenants and
agrees, by and for itself, its assigns, heirs and voluntary and involuntary successors in interest
to the Temporary Construction Easement, that upon completion of that portion of the Project
abutting to the Property, Grantee shall : (i) repair or replace in kind, at Grantee's sole discretion
and expense, any improvements such as fences , gates and other "hard" features that the
Grantor did not receive compensation, e~eisting on the Temporary Construction Easement
Parcel that are damaged as a result of Grantee's exercise of its rights and privileges under the
Temporary Construction Easement; and (ii) leave the Temporary Construction Easement Parcel
in a clear, graded state with no construction debris present. Notwithstanding the foregoing,
Grantee shall not be obligated to repair andfor replace any vegetation removed by Grantee.
The Temporary Construction Easement shall automatically expire and be of no further
force and effect upon the date ("Expiration Date") that any of the following-described events first
occurs: (i) the recording of a quitclaim or other deed whereby Grantee conveys to the then fee
owners of the Temporary Construction Easement Parcel aU its rights , title and interest in the
Temporary Construction Easement; or (li) Twelve Months (12) from the date of recording of the
Temporary Construction Easement. Tennination of the Temporary Construction Easement as
of the Expiration Date shall be automatic without any further act by either Grantor or Grantee .
The Temporary Construction Easement and covenants contained herein shall run with
the land and shall inure to the benefit of and be binding upon the Gra11tor and Grantee and their
respective assigns, heirs, and voluntary and Involuntary successors in interest.
All Exhibits attached hereto are incorporated herein by reference .
Subject to the rights of Grantee and the covenants and restrictions contained herein,
Grantor retains the right to use the Temporary Construction Easement Parcel for any purpose
that does not interfere with Grantee's use of the Temporary Construction Easement and
exercise of all rights and privileges thereof.
Roberty L. Morey
Date
Attachment 2-Page 7 of 21
A notlry public or oltler olflcer completing 11111 celtlllcate verifln only the Identity of the Individual who signed the
document to which thla certlftcate Ia attached, and not the trulllfl.llneH, a«uracy, or validity of that document.
STATEOF _(~_!::-IF _Q_B_N'/[J §
COUNTYOF ~6;"""--""E~--
llp~arcd wllo proved to me 011 the ... Is or
lllldllfllctory evideaee to be tbe peno~ whose ume(f) ill~~rrsublcribed to the witllila Instrument aad
acknowledge to me that bel~ eKecuted the same In hlsltlen'thelr autllorlzed capacity(~, and that by
hls/MII."IMIIP-signalure(l) on the instrument tbe penon<!) or the entity upon behalf or which the penon~
acted, executed the Instrument.
I certifY under PENALTY OF PERJURY uader the laws or tH State or California that the roregoln&
paraanph is true .. d correet.
WITNESS my hand 11nll ufficiul saL
Signature _____ .1 '_J.,. •
• --~ ___ (St>al) 1
/
Attachment 2-Page 8 of 21
This Agreement contains the entire agreement between both parties, neither party relies upon
any warranty or representation not contained in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
set forth hereinabove.
BUYER
CITY OF SAN JUAN CAPISTRANO
City Manager
MAILING ADDRESS OF BUYER
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
APPROVED AS TO FORM
BY:
=-~-----------------City Attomey
ATTEST
BY: _________ _
City Clerk
DATE: ________ _
SELLER
G#?-I
Date
DATE : _______ _
MAILING ADDRESS OF SELLER
26112 Calle Coblestone
San Juan Capistrano, CA 92675
E'age 7
Attachment 2-Page 9 of 21
Attachment 1
?Fl.'Jr? -~1
Attachment 2-Page 10 of 21
EXHIBIT "A"
ROAD EASEMENT
LEGAL DESCRIPTION
(APN: 673-111-28)
26112 CALLE COBBLESTONE
City of San Juan Capistrano, County of Orange, State of California
A PORTION OF LOT 5 OF TRACT NO. 15701, IN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 834 PAGE
50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY BEING DESCRlBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORNER OF SAlD LOT 5 ALSO BEING THE MOST
SOUTHERLY CORNER OF LOT 6 OF SAID TRACT; THENCE SOUTHWESTERLY ALONG THE
EASTERLY LINE OF SAID LOT 5, BEING A CURVE CONCAVE TO THE SOUTHEAST, HAVING
A RADIUS OF 3046.00 FEET, A RADIAL BEARING OF NORTH 57°27'15""WEST THROUGH A
CENTRAL ANGLE OF 0°47'19" AND AN ARC LENGTH OF 41.93 FEET TO THE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE OF LOT NORTH 58°22'44" WEST A
DISTANCE OF 7.83 FEET; THENCE SOUTH 3!0 37'16" WEST A DISTANCE OF 3.70 FEET;
THENCE SOUTH 20°19'43" WEST, A DISTANCE OF 11.00 FEET; THENCE SOUTH 30"19'28"
WEST, A DISTANCE OF 15.75 FEET; THENCE SOUTH 26°ll '5S" WEST A DISTANCE OF 9.32
FEET; THENCE SOUTH 29° II '26" WEST A DISTANCE OF 6.77 FEET; THENCE SOUTH 25° 12' 14"
WEST, A DISTANCE OF 1.88 FEET TO A POINT ON THE SOlJTHWESTERL Y LINE OF LOT 5 OF
SAID TRACT NO. 15701; THENCE SOUTH 57"'13'19" EAST ALONG SAID LINE A DISTANCE OF
4.21 FEET TO A POINT ON CUSP, SAID POINT BEING THE BEGINNING OF A NON-TANGENT
CURVE, RADIALLY SOUTH 59°09'01" EAST, CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 3,046.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AND EASTERLY
UNE OF SAID LOT 5 THROUGH A CENTRAL ANGLE OF 0°54'26" AND AN ARC LENGTH OF
48.23 FEET TO THE POINT OF BEGINNING.
CONT AlNlNG 274 SQ. FT (0.006 A C), APPROXlMATEL Y.
AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF.
CLE~N. CALVILLO, R: 27743
CNC Engineering
Job No. 15-036
Checked by: SN (06/0 1/20 17)
Attachment 2-Page 11 of 21
EXHIBIT B ---------, ...... -~
N.T.S.
,
L1
L2
LJ
L4
LS
L6
L7
LB
UNE TABLE
LENGTH
7.BJ'
3.70'
11.00'
15.75'
9 . .32'
6.77'
1.88'
4.21'
BEARING
N58'22' 44 ·w
Sl1'J7'16"W
S20,9'4J"W
SJ0,9'28"W
S2611'58"W
S2911'26"W
S2512'14"W
S5713'19"E
LOTS
TRACT NO. 16701
BK 884, PC SO
LOT6
TRACT NO. 16701
BK 884, PC 60
APN 673-111-28
LOT 66
TRACT NO. 108
BK t1. PC 88
CURVE TABLE
# ILNGTH RADIUS DELTA
Cl 41.93' .3046.00' 0'47'19"
C2 48.23' .3046.00' 0'54'26"
(R) PER TRACT N0.15701 BK 834, PG 49-50
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2121 Alton Paf'i(way, Suite 200
lrvfno, CA 92606
Phone (949) 863-0588
www.cnc:-eng.com
Jab No. 15-036 June 1, 2017
Attachment 2-Page 12 of 21
CITY OF SAN JUAN CAPISTRANO
CERTIFICATE OF ACCEPTANCE OF GRANT OF EASEMENT DEED
[Portions of APN 673-111-28]
This Certificate of Acceptance pertains to the interests in real property
conveyed by the Grant of Easement Deed dated to
which this Certificate of Acceptance is attached,
from : Robert L. Morey ("Grantor'')
to: CITY OF SAN JUAN CAPISTRANO, a
California municipal corporation ("Grantee")
Said Grant of Easement Deed is hereby accepted by the undersigned officer
on behalf of Grantee pursuant to authority conferred by the Grantee's governing
body, and Grantee hereby consents to recordation of such Grant.
Dawd. ______________ __
Attest:
City Clerk
CITY OF SAN JUAN CAPISTRANO,
a Califomia municipal corporation
By __________________________ __
City Manager
Attachment 2-Page 13 of 21
Attachment 2
Attachment 2-Page 14 of 21
RECORDING REQUESTED BY :
City of San Juan Capistrano
Engineering Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED MAIL TO
City Clerk
·same address as above"
EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 610J &27383 (SPACE ABOVE)
APN: 673-111-28
GRANT OF EASEMENT
Robert L. Morey, an unmarried man (referred to herein as "Grantor"), is the owner in fee of
certain real property located In the City of San Juan Capistrano, County of Orange, State of
California, more fully described in EXHIBIT "A" and depicted in EXHIBIT "B", attached hereto
(hereinafter referred to as the "Property").
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor does
hereby GRANT and CONVEY to the CITY OF SAN JUAN CAPISTRANO, a Callfomla municipal
corporation, under the laws of the State of California (the "Grantee", hereinafter referred to as
"City"), its success.ors and assigns:
1 Penna nen t E asement. Perma nent Eas eme n t1 nteres t to that certain POll on of the
1 'I"IJ•··tt y •noo f' lull v •t1: <.n il t1 11111 dep tcted m X t IlLII I 0 att ached hereto a11 d incor pora ted herein
hy ldi'.'II!IIC•·' 1h r•co "'"II •·• ~t ·III H :d to as lh "Pnr m<t 11 ~11 t Ease ment Pa rcel") for public street,
1 o. 1rl ,Ill• I fllibil<. ullliii<·1S p111 poses .
The Permanent Easement and covenants contained herein shall run with the land and shall
inure to the benefit of and be binding upon the Grantor and Grantee, their respective heirs,
successors and assigns.
All Exhibits attached hereto are incorporated herein by reference .
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6~) Q~L'I
Date
MAIL TAX STATEMENTS AS DIRECTEDABOVE
Attachment 2-Page 15 of 21
A notary public or other officer completing this certlftcate verifies only the Identity of the Individual who signed the
document to which !hie certlllcete Ia attached, and not the truthfulness, accuracy, or valkllty of that document.
STATEOF (ALIFo/IVtA
COUNTY OF 0e-Awtr e §
On .Ju...,o..q_ '2 t 'l v I 1 , before me, 1(._ ....-.u.v..t..... f. ~ . a Not.ry Public, personally
appenrcd ___ 'c.G<:'·R J , f'1.oRe-' who proved to me on the basis of
satisfactory evidence to be the penon~ whose name(,~) islaM subl!lcrlbed to the within Instrument and
aclutowledp to me tllaat lie/~ euc•ted the same la hlsllwt/tllelt authorized capaeityEMe-), and that by
hl~r slgnatu....., on tbe instrument the penon~ or the entity upon behalf of which the person~
acted, exetuted the Instrument.
I certify Ullder PENALTY OF PERJURY under the laws or the State of California that the foregoing
paragraphIa true and corrett.
WITNESS •Y hand aod offici11l seal.
;--')
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Signature __ _ _ ___ (Seal)
Attachment 2-Page 16 of 21
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
(APN: 673~111-28)
26112 CALLE COBBLESTONE
City of San Juan Capistrano, County of Orange, State of California
THE SOUTHWESTERLY 58.00 FEET OF THE SOUTHEASTERLY 52.50 FEET OF LOT 5 OF
TRACT NO. 15701, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 834 PAGES 49 THROUGH 50 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE FOLLOWING:
COMMENCING AT THE MOST EASTERLY CORNER OF SAID LOT 5 ALSO BEING THE MOST
SOUTHERLY CORNER OF LOT 6 OF SAID TRACT; THENCE SOUTHWESTERLY ALONG THE
EASTERLY LlNE OF SAID LOT 5, BEING A CURVE CONCAVE TO THE SOUTHEAST, HAVING
A RADIUS OF 3046.00 FEET, A RADIAL BEARING OF NORTH 57°27'15" WEST THROUGH A
CENTRAL ANGLE OF 0°47'19" AND AN ARC LENGTH OF 41.93 FEET TO THE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE OF LOT NORTH 58°22'44" WEST A
DISTANCE OF 7.83 FEET; THENCE SOUTH 31"37'16" WEST A DISTANCE OF 3.70 FEET;
THENCE SOUTH 20°19'43" WEST, A DISTANCE OF 11.00 FEET; THENCE SOUTH 30°19'28''
WEST, A DISTANCE OF 15.75 FEET; THENCE SOUTH 26°11 '58" WEST A DISTANCE OF 9.32
FEET; THENCE SOUTH 29"11'26" WEST A OlSTANCE OF 6.77 FEET; THENCE SOUTH
25° 12' I 4" WEST, A DISTANCE OF 1.88 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF
LOT 5 OF SAID TRACT NO. 15701; THENCE SOUTH 57°13'19" EAST ALONG SAID LINE A
DISTANCE OF 4.21 FEET TO A POINT ON CUSP, SAID POINT BEING THE BEGINNING OF A
NON-TANGENT CURVE, RADIALLY SOUTH 59°09'01" EAST, CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 3,046.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE
AND EASTERLY LINE OF SAID LOT 5 THROUGH A CENTRAL ANGLE OF 0"54'26" AND AN
ARC LENGTH OF 48.23 FEET TO THE POINT OF BEGINNING.
CONTAINING 2, 772 SQ FT 0.064 ACRES
AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF.
C ) -z-r---------
• CLEMENT N. CALVILLO, RCE 27743
CNC Engineering
Job No. 15-036
Checked by: VS January 19,2017
Attachment 2-Page 17 of 21
EXHIBIT B ----------
...... ~ ...... -LINE TABLE , l..£NG1li BEARING
L1 7.83' N58'22'44WW
L2 3.70' SJ1'37'16"W
L3 11.00' S2019'43"W
N.T.S.
,
C1
L4 15.75'
L5 9.32'
L6 6.71
L7 l.BB'
l8 4.21'
L9 52.53'
LIO 52.51'
LOTS
TRACT NO. 15701
BK 834, PG SO
APN 673-111-28
LOT 66
TRACT NO. t08
BK tt, PC S3
CUR'~£ TABLE
S~0'19'2B"W
S2611'58"W
S2911'26"W
S25'12'14"W
S57'13'19"E
S57'13'\9"E
N57'13'19"W
LOTB
TRACT NO. 15701
BK 884, PC 50
liNGlli RADIUS DELTA
41.93' 3046.00' 0'47'19"
C2 48.23' 3046.00' 0'54'26"
CJ 58.02' 3098 .50' 1'04'22"
(R) PER TRACT N0.\5701 BK 834, PG 49-50
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2121 AJton Parkway, Suite 200
Irvine, CA 92606
Phone (949) 863-0588
www.c:nc-eng.com
Job No. 15-036 June 26, 2017
Attachment 2-Page 18 of 21
CITY OF SAN JUAN CAPISTRANO
CERTIFICATE OF ACCEPTANCE OF GRANT OF TEMPORARY
CONSTRUCTION EASEMENT
[Portions of APN 673-111-28]
This Certificate of Acceptance pertains to the interests in real property
conveyed by the Grant of Temporary Construction Easement dated ____ _
to which this Certificate of Acceptance is attached,
from: Robert L. Morey ("Grantor'')
to: CITY OF SAN JUAN CAPISTRANO,
aCalifomia municipal corporation ("Grantee")
Said Grant of Temporary Construction Easement is hereby accepted by the
undersigned officer on behalf of Grantee pursuant to authority conferred by the
Grantee's governing body , and Grantee hereby consents to recordation of such Grant.
Dated: _______ _
Attest:
city Clerk
CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation
By _____________ __
City Manager
Attachment 2-Page 19 of 21
Attachment 3
Paqe 10
Attachment 2-Page 20 of 21
®
--,..._
---_____.,. --DEL oBISPO STREET
PLANTING NOTES,
CONT~CTOft ~ALL BE RE~I6Lf F'OR MAII:IN::i 1-lll"t&ELF FAMIL.IAI!i L&,IITI-4 ALL t.NDE~~
UTIL.ITIE&. PIPE& AND S.T!IaJCTU~S. CON.TRACTO!Ii! &HALL TAKE SOLE fte~IBILITT FOR C~T
INCUR:Iil£0 OtJE TO OAMAI:i&E AND REI""'..ACI!M!NT Of SAID UTILITIES.
c;o.,ITRACTOR S4.1Al.L NOT \I,ILLR.Jl.L T PllilOGEED \lA TI-I CGlNSTRLICTIOol A~ ~ 1&1-EN IT IS 08YIOU!)
T'-&AT LNCNOUN C('.lN)Hic::WS AI</D /OR oeJECTS. EXI&T T~T HAY NOT HA\1'£ !SEEN Jc:N0J.N OORWI:i. fi.E
PREPARATION Of TMI9 PLAN !II.ICI-I CONOITtQN& OR oeJECT5 ~l eE t't1EOIATEL. T ~l-IT
TO THE ATTENTION OF T~ CITT T~ Co.ITRACTOR SHALL A&SU1E FULL. llte$PGlriiSI&ILITT FOR ALL
NECE~ART ~Vl"ON5 DUE TO FAILUIIE TO C.IVE 91JCI-l """TIFICATIOII
3o _ ALL EXISTINCI IHPRIOVEMENTS, MATERIAL.$. AND FL.ANT MATERIAL 1& TO REMAIN IN THe
CONSTJa.ICTION AlltEA, AND SHALL BE ~liil. T ANC ADEQUATEL. T PROTECTED FFiDH DAHA6E
OUJO!:INCI ~TNIJCTION. TI-lE CONTRACTotiil: &HALL REPAIR Ofii!: REPLJI.CE ANT EXISTING ITEMS
DAMA6ED OR DISTU!Ii5ED AS APP~O eT TI-lE CITT AT NO ADDITION.AL COST TO H-IE CITY,
CONTRACTOR ~HALL YISIT !oiTE Plii.IOfi: TO &10, NO C~E IN CONTRACT PRICE WILL ~
ALL.OUEO IEOIIt ACTUAL. Olli: CLAIMED DISCREPANCIES eETUEEN EXI~TINGo SHE CONOITICINS. AND
N0!5£ ~ ON 11\.,AN$.
PLANT Q.lANTiftfSo INDICATED IN PLANT LI~T ~L eE vERIFIED BY CONTRACTOR FROM PLAN
~lOR TO BID CONTRACTOR TO PROviDE MoO NT ALL ALL PLANTS. 4!:1 INOCATEO OW PLAN.
t> ALL 601L Pf!ilE~AIItATICN I"'LATE!Ii!IAL.S AMI: TO eE STClCKP'ILEO 011 !t!TE .AND AI'¥'ROVEO BY CITY
FO~ QLIANTITY AND MATEfi:IAL.6 PRIOR TO IN&TAL.LATION ~E 5PECIFICATIONS FOR ro!EGIUI~O
!SUBMITTAL 01 INVOICES AND DELivEIIi!Y 6L.IJD6
ALL. TREEfi TO BE IN6TAL.L.EO WIT._. Af"PRR\\EO DEEP ROOT eA~I!It.
FIN.I~ C::oRAOE TO e! i'" SEL.ou.l ALL. WALII::a. CW!mBo AND F"AVINCa
CONTIIitACTOfliil: TO GUARANTEE ALL.~ FOR¥ OATS. FfOlOH DATE OF ACCEPTANCE BY TI-lE
CITY Al\0 ALL PALM& AND TJO£EBo. FOR ONE TEAR FRCM DATE OF ACCEPTANCE BY fi..E CITY
®
PLANT LIST
SY1'1 ! QTT I SIZE J BOT ANI CAL NAME COI'T"'IN NAME
OLEA 'FRUITLE&S' FFi!JITLES$ OLIVE
~ IELO.AAK:A I AFG~AN PINE
6CI-llto.\JS MOLLE J CAL~IA PEPPER TRE!:
l..AUERSHiOEI"''IA ~ICA X FAURIEI 'N.ATOEZ' I NATCWEZ CRAPE MT'RTLE
~~~;~e.~~;~~~~T~E=~~w~.Z:~~~~~~TTE~DITIOII ~~!
15> CONTRACTOR 5lo!AL.L. TU~ OvEPi: TI-lE FOL.L.OWI~ ITEMS eEFOfii!E TWE END OF TI-lE MAINTENANCE ~ le2 5oC;.AL. ecu;.AINYILLEA 'LA JOLLA' eo...IGAINVILLEA 'LA JOLLA'
PEiii!IOO: ~ 11 51C1AL C:I$TU5 X 'SI.N&ET' MAGENTA ROCK. lii!OSE
o1 COPIE6 OF-ALL I""LANT INVOICE5 (f"'RICINCi TO BE REDACTEDJ
C. CONFIMMATION LETTER S.TATINC::o TI-lE TEIII!I'15 AND CONDITIONS OF WA.RIIitANTIES AND PEIIi!IOOS !> ~ SC:.AL LANTANA C.AMA~ 'AM.EJitiCAN fi:ED' AMERICAN RED BU&i-1 LANTANA
t<o
vL
Ti-LAT WA!i!RANTLES WILL. BE IN ER=ECT FOR: ALL TREES.. s..I~BS. AND 6~D covelii INSTALLED
-A& PAiiiT OF TI-lE PROJECT (IF AFPL.ICA&EJ. b 212)~ !GAL SENECIO SEiiiPENS BLUE C11ALK&TICK& .. I
~ LEGEND --••• .. • .-=-..
: ~ 6aH:l COVEll'!:· FLAT5 • 18' Ot:. SIZE ~ ~-~
pReJMI~'(
N01" roR c~-n'\\JC~ NO~TI-<
6c:.dl8: I" I )G!)'
Ill > r.l
II:
CITY OF SAN JUA N CAPISTRANO
PU£:11..1 ·::: WORKS AND UTII..ITIES DEPARTMENT
DEL OBISPO WIDEN ING
PLANT ING PLAN
DEL OBISPO STREET
A CNe '2.1,1 ALI0NP..,fi!.:WA'I' SUITE200
I'!VIl'lt,CI\ fl~
PrlON! !9••1 S5l<lSSa
E N G I N E E R I N G FAX {9-4 9] 863-0589
con•~II T ti!J C"lwll t flVIft oe t l 1.eono Jo 1.1•<~o-,-ou
3 ~ HYOF'OIU1 PARviFOLU1t Aullr•l1611 R.tc• ~ SYM -:_-.0-r:::s:-......
§ ... FICLIS Pl.t'IILA I Creaplng Fig -"6AI.. 1 "'""~ ,_. .,,...., . .,,~, ,. , ...
~ ~WALLFAGE·l'OC. QTY ·~ r~·.l~~;.:,::~~.~ ... :1~·,~· II I!I J I I f iirm:ro~·rn·'""l fnlll"' rom l27•3 1 ~
t11J7(11i"'t"Ji ,.
ol.rrachmenl2-f'~ge 21 of 21
PARCEL NO.: 673-111-28
TITLE REPORT NO.: NCS-765546-SA1
PROJECT: Del Obispo Widening Project
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
(ESCROW INSTRUCTIONS)
THIS AGREEMENT ("Agreement") is entered into this day of ,
2017 by and between the City of San Juan Capistrano, a California municipal corporation,
(hereinafter called "Buyer"), and Harry G. Falklam Trustee of the Harry G. Falklam
Revocable Trust dated January 18, 2014, (hereinafter called "Seller") for acquisition by
Buyer of one Temporary Construction Easement over real property hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer
agrees to purchase from Seller, upon the terms and for the consideration set forth in this
Agreement the following interest(s) in property, all situated in the City of San Juan Capistrano,
County of Orange, State of California:
A. Temporary Construction Easement, (Attached as Attachment 1)
B. Access Easement (Attached as Attachment 2)
C. Permanent Easement (Attached as Attachment 3) herein referred to as
"Easement Deed"
The legal description, or map depicting access agreement area, for each interest is identified
in the referenced attachment(s), which is/are hereby incorporated by reference.
2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall
be the sum of
A. Temporary Construction Easement
B. Access Easement
C. Permanent Easement
TOTAL (rounded):
$6,100
$4,100
$1,500
$11,700
The total purchase price includes: acquisition value of the property interests identified in
Section 1.
3. CONVEYANCE OF TITLE. Seller agrees to convey by Easement Deed and Temporary
Construction Easement to Buyer a marketable easement free and clear of all recorded and
unrecorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPT:
A. All taxes for the current fiscal year prorated as per Section 5 hereinafter.
B . Quasi-public utility, public alley, public street easements, and rights of way of
record.
Page 1
Attachment 3-Page 1 of 25
C. Any other City approved exceptions and identified in the Preliminary Title Report
provided by First American Title Company.
The City of San Juan Capistrano proposes to install a retaining wall, within the public right of
way, at the northeast end of Seller's property and perform grading in the Temporary
Construction Easement area. The City, or their contractor, will also install a sidewalk, curb,
gutter and designated driveway along the front of Seller's property. After completion of the
Del Obispo Street Widening Project, the City of San Juan Capistrano intends to abandon any
unnecessary public right of way to Seller. A portion of this unused public right of way will revert
to Seller once the City completes the abandonment process.
After completion of the City abandonment process, the Seller agrees to convey an "Access
Easement" to the adjacent property owner, Ron Taylor, of Assessor Parcel No. 673-111-21 for
his sole use during ownership of that property. The access easement is non-transferrable and
will cease to exist upon transfer or sale of the property, or the access is no longer required by
Ron Taylor.
The Access Easement is intended to allow safe vehicular movements of Taylor's vehicles
after the project is completed and the unnecessary public right of way is abandoned to Seller.
The access would be specific to driving over the area, with no rights to improve, damage, or
block access, unless specifically agreed to between the parties.
4. TITLE INSURANCE POLICY. NOT APPLICABLE
5. ESCROW. Buyer agrees to facilitate escrow services in accordance with this
Agreement with their Right of Way Consultant , CPSI , 26070 Towne Centre Dr., #150, Foothill
Ranch, California (Escrow Agent). This Agreement constitutes the joint escrow instructions of
Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby
empowered to act under this Agreement. The parties hereto agree to do all acts necessary to
close this escrow in the shortest possible time.
Seller agrees to deposit with Escrow Agent prior to the Close of Escrow an original, fully
executed and acknowledged deeds prepared by Escrow Agent and any other customary
agreements, consents, or documents reasonably necessary to effectuate the purchase of the
subject property. Buyer agrees to deposit the purchase price and certificate of acceptance
upon demand of Escrow Agent.
Insurance policies for fire or casualty are not to be transferred, and Seller will cancel his own
policies after close of escrow.
All funds received in this escrow shall be deposited with other escrow funds in a general
escrow account( s) and may be transferred to any other such escrow trust account in any State
or National Bank doing business in the State of California. All disbursements shall be made
by check from such account.
ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
A. Pay and charge Buyer for any escrow fees, charges, and costs payable under
Page 2
Attachment 3-Page 2 of 25
Section 6 of this Agreement;
B. Disburse funds and record and deliver deed and access agreement when
conditions of this escrow have been fulfilled by Buyer and Seller.
The term "close of escrow", if and where written in these instructions, shall mean the
date necessary instruments of conveyance are recorded in the office of the County
Recorder. Recordation of instruments delivered through this escrow is authorized if
necessary or proper in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be
extended by mutual agreement of the parties hereto. Any amendment of, or supplement
to, any instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE
AS SOON AS POSSIBLE. If (except for deposit of money by Buyer, which shall be
made by Buyer upon demand of Escrow Agent before close of escrow) this escrow is not
in condition to close within 45 days from date of these instructions, any party who then
shall have fully complied with his instructions may, in writing, demand the return of his
money or property; but if none have complied no demand for return thereof shall be
recognized until five (5) days after Escrow Agent shall have mailed copies of such
demand to all other parties at the respective addresses shown in these escrow
instructions, and if any objections are raised within said five (5) day period, Escrow
Agent is authorized to hold all papers and documents until instructed by a court of
competent jurisdiction or mutual instructions. If no demands are made, proceed with
closing of this escrow as soon as possible.
Responsibility for Escrow Agent under this Agreement is expressly limited to Sections 1, 2, 3,
4, 5, 6, 7, 9, 10, and 17 and to its liability under any policy of title insurance issued in regard to
this transaction.
6. ESCROW FEES, CHARGES AND COSTS . Buyer agrees to pay all Buyer's and
Seller's usual fees, charges, and costs which arise in this escrow.
7. RENTAL AND OCCUPANCY BY SELLER Seller warrants that there are no oral or
written leases on all or any portion of property.
8. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its
authorized agents, permission to enter upon the Property at all reasonable times prior to close
of escrow for the purpose of making necessary or appropriate inspections. It is understood
that the buyer and its contractors will indemnify the undersigned and hold them harmless from
any and all liability for bodily injury, death and property damage arising out of or in any way
connected with such use, and reimburse the seller for all costs, expenses and loss, including
attorney's fees, incurred by them in consequence of any claims, demands and causes of
action which may be made or brought against them arising out of such use.
9. COUNTERPARTS. This Agreement may be executed in counterparts, each of which
so executed shall, irrespective of the date of its execution and delivery, be deemed an
Page 3
Attachment 3-Page 3 of 25
original, and all such counterparts together shall constitute one and the same instrument.
10. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Seller's
statement to Buyer.
11. LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real property or any
improvements thereon, by fire or other casualty, occurring prior to the recordation of the Deed
shall be at the risk of Seller. In the event that loss or damage to the real property or any
improvements thereon, by fire or other casualty, occurs prior to the recordation of the Deed,
Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance which
may become payable to Seller by reason thereof, or to permit such proceeds to be used for
the restoration of the damage done, or to reduce the total price by an amount equal to the
diminution in value of said property by reason of such loss or damage or the amount of
insurance payable to Seller, whichever is greater.
13. WARRANTIES, REPRESENTATIONS. AND COVENANTS OF SELLER. Seller hereby
warrants, represents, and/or covenants to Buyer that:
A. To the best of Seller's knowledge, there are no actions, suits, material claims,
legal proceedings, or any other proceedings affecting the property or any
portion thereof, at law, or in equity before any court or governmental agency,
domestic or foreign.
B. To the best of Seller's knowledge, there are no encroachments onto the
property by improvements on any adjoining property, nor do any buildings or
improvements encroach on other properties.
C. Until the closing, Seller shall maintain the property in good condition and state
of repair and maintenance, and shall perform all of its obligations under any
service contracts or other contracts affecting the property.
D. Until the closing, Seller shall not do anything which would impair Seller's title to
any of the property.
E. To the best of Seller's knowledge, neither the execution of this Agreement nor
the performance of the obligations herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or
other agreement or instrument to which Seller's property may be bound.
F. Until the closing, Seller shall, upon learning of any fact or condition which would
cause any of the warranties and representations in these Warranties,
Representations, and Covenants of Seller Section not to be true as of closing,
immediately give written notice of such fact or condition to Buyer.
14. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any
previous owner, tenant, occupant, or user of the Property used, generated, released,
discharged, stored, or disposed of any hazardous waste, toxic substances, or related
materials ("Hazardous Materials") on, under, in, or about the Property, or transported any
Page 4
Attachment 3-Page 4 of 25
Hazardous Materials to or from the Property. Seller shall not cause or permit the presence,
use, generation, release, discharge, storage, or disposal of any Hazardous Materials on,
under, in, or about, or the transportation of any Hazardous Materials to or from, the Property.
The term "Hazardous Material" shall mean any substance, material, or waste which is or
becomes regulated by any local governmental authority, the State of California, or the United
States Government, including, but not limited to, any material or substance which is (i) defined
as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under
Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health
and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as
"hazardous substance" under Section 25316 of the California Health and Safety Code,
Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii)
defined as a "hazardous material", "hazardous substance", or "hazardous waste" under
Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous
substance" under Section 25281 of the California Health and Safety Code, Division 20,
Chapter 6. 7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos,
(vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or
"extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code,
Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311
of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to
Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42
U.S. C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42.
U.S.C. S9601 et seq. (42 U.S.C. S9601 ).
15. COMPLIANCE WITH ENVIRONMEN TAL LAWS . To the best of Seller's knowledge the
Property complies with all applicable laws and governmental regulations including, without
limitation, all applicable federal, state, and local laws pertaining to air and water quality,
hazardous waste, waste disposal, and other environmental matters, including, but not limited
to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal,
Resource Conservation Recovery and Comprehensive Environmental Response
Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
regulations, and ordinances of the city within which the subject property is located, the
California Department of Health Services, the Regional Water Quality Control Board, the State
Water Resources Control Board, the Environmental Protection Agency, and all applicable
federal, state, and local agencies and bureaus.
16. INDEMNITY . Seller agrees to indemnify, defend and hold Buyer harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine,
penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting
from, arising out of, or based upon (i) the presence, release, use, generation, discharge,
storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of
any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any
statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use,
generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on,
under, in, or about, to or from, the Property. This indemnity shall include, without limitation.
any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of
any claim, action, suit or proceeding for personal injury (including sickness, disease, or death,
Page 5
Attachment 3-Page 5 of 25
tangible or intangible property damage, compensation for lost wages, business income, profits
or other economic loss, damage to the natural resource or the environment, nuisance,
pollution, contamination, leak, spill, release, or other adverse effect on the environment). This
indemnity extends only to liability created prior to or up to the date this escrow shall close.
Seller shall not be responsible for acts or omissions to act post close of this escrow.
17. CONTINGENCY. It is understood and agreed between the parties hereto that the
completion of this transaction, and the escrow created hereby, is contingent upon the specific
acceptance and approval of the Buyer herein.
The terms and conditions, covenants, and agreements set forth herein shall apply to and bind
the heirs, executors, administrators, assigns and successors of the parties hereto.
This Agreement contains the entire agreement between both parties, neither party relies upon
any warranty or representation not contained in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
set forth hereinabove.
BUYER
CITY OF SAN JUAN CAPISTRANO
City Manager
MAILING ADDRESS OF BUYER
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
APPROVED AS TO FORM
BY: -----------City Attorney
ATTEST
BY: -----------------------City Clerk
DATE: _________ _
SELLER
7/20//7
Date
DATE : ________ _
MAILING ADDRESS OF SELLER
P.O. Box 904
San Juan Capistrano, CA 92693
Page 6
Attachment 3-Page 6 of 25
Attachment 1
Page 7
Attachment 3-Page 7 of 25
RECORDING REQUESTED BY
City of San Juan Capistrano
Engineering Department
32400 Paseo Adelanto
San Juan Capistrano, CA. 92675
AND WHEN RECORDED MAIL TO ·
Cily Clerk
"Same address as above"
EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 610J &27363 (SPACE ABOVE)
APN: 673-111·16 & 673-111-17
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
Harry G. Falklam Trustee of the Harry G. Falklam Revocable Trust dated January 18,2014,
(referred to herein as "Grantor"), is the owner in fee of certain real property located at 32151 Del
Obispo Street, San Juan Capistrano, County of Orange, State of California, (hereinafter referred
to as the "Property").
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor does
hereby GRANT and CONVEY to the CITY OF SAN JUAN CAPISTRANO, a California
municipal corporation, under the laws of the State of California (the "Grantee'', hereinafter
referred to as "City"), its successors and assigns:
1. Temporary Construction Easement. A temporary and non-exclusive construction
easement over, on, under, in, across, along and through that certain portion of the Property more
fully described in EXHIBIT "A" and depicted in EXHIBIT "B" attached hereto and incorporated
herein by reference (hereinafter referred to as the "Temporary Construction Easement"), for
purposes of the constructing the City's project known as the Del Obispo Widening Project
("Project").
Grantor hereby covenants, by and for itself, its assigns, heirs and voluntary and involuntary
successors in interest to the Property or any part thereof, that at all times prior to the Expiration
Date (defined below), Grantor shall not, without the express written consent of Grantee: (i) erect
nor permit the erection of any building, wall, fence or other structure within the Temporary
Construction Easement Parcel; (ii) plant nor permit the planting of any tree(s), plant(s) or other
vegetation or flora on any portion of the Temporary Construction Easement Parcel; (iii) undertake
nor permit the undertaking of any activity that may interfere with Grantee's use of the Temporary
Construction Easement and exercise of all rights and privileges thereof; nor (iv) grant any other
easements on, under or over the Temporary Construction Easement Parcel.
The Temporary Construction Easement shall include, without limitation, the right and
privilege of Grantee and its employees, agents, representatives, contractors, subcontractors, and
workmen to: (i) perform all activities as may be necessary to facilitate the purposes of the
Temporary Construction Easement; (ii) use, control and occupy the Temporary Construction
Easement Parcel ; (iii) have access to, ingress to, and egress from the Temporary Construction
Easement Parcel; (iv) use and temporarily place and operate tools, equipment, machinery and
materials on the Temporary Construction Easement Parcel; and (v) trim, cut, or clear away any
trees, brush or other vegetation or flora, including the roots thereof, located within the Temporary
Construction Easement Parcel.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Attachment 3-Page 8 of 25
By its acceptance of this Temporary Construction Easement, Grantee covenants and
agrees, by and for itself, its assigns , heirs and voluntary and involuntary successors in Interest
to the Temporary Construction Easement, that upon completion of that portion of the Proj ect
abutting to the Property, Grantee shall : (i) repair or replace in kind, at Grantee's sole discretion
and expense, any improvements such as fences , gates and other "hard" features that the
Grantor did not receive compensation, existing on the Temporary Construction Easement
Parcel that are damaged as a result of Grantee's exercise of its rights and privileges under the
Temporary Construction Easement; and (ii) leave the Temporary Constnuction Easement Parcel
in a clear, graded state with no construction debris present. Notwithstanding the foregoing,
Grantee shall not be obligated to repair andfor replace any vegetation removed by Grantee.
The Temporary Construction Easement shall automatically expire and be of no further
force and effect upon the date ("Expiration Date") that any of the following-described events first
occ urs : (i) the record ing of a quitclaim or othe r deed whereby Grantee conveys to the then fee
owners of the Temporary Constr u ction Easement Parcel all its rights, title and interest in the
Temporary Construction Easement; or (ii) Twelve Months (12) from the date of recording of the
Temporary Cons t ruction Easement. Terminat ion of the Temporary Consl ructlon Easement as
of the Expiration Date shall be automatic withou t any further act by either Gra ntor or Grantee.
The Temporary Construction Easement and covenants contained herein shall run with
the land and shall inure to the benefit of and be binding upon the Grantor and Grantee and their
respective assigns , heirs, and voluntary and involuntary successors In interest.
All Exhibits attached hereto are incorporated herein by reference .
Subject Ia the rights of Grantee and the covenants and restrictions contained herein,
Grantor retains the right to use the Temporary Construction Easement Parcel for any purpose
that does not interfere with Grantee's use of the Temporary Construction Easement and
exerc ise of all rights and privileges thereof.
GRANTOR:
J r· J r .. ~~c ~~J <Vl'"'-
')/'-{ /17
Date
Attachment 3-Page 9 of 25
NOTARY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to whicl'l this certllicste is attached , and not the truthfulness, accuracy , or validity of that document.
STATE OF 6 .. U rtlYJLIN
COUNTYOF ()~,
§
On yV \elL·) L/, 2 /-/ , before me, J . V\A Vhrt.!l'Z . a Notary Public, personally
a p pca red H 1 J I' y G [fA ( ¥:-! ~ 1\ l who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and
ack.oowledge to me that he/she/they executed the same in hislber/their authorized capacity(ies), and that by
his/herfthetr slgnature(s) on the Instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify u•der PENALTY OF PER.roRY uoder the laws of the State of California that the foregolna
paragraph is true and correct.
--
Attachment 3-Page 10 of 25
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
LEG A L DESC Rf!>TI O N
(APN: 673-111-16, 17)
32151 DEL OBISPO ST.
City of San Juan Capistrano, County of Orange, State of California
A PORTION OF LOT 66 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGES
29 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENC£NO AT THE MOST NORTHERLY CORNER OF LOT 66 OF SAID TRACT NO 103;
THENCE SOUTH 57°1 0' 30" EAST ALONG THE NORTHEAST LINE OF SAID LOT 66 A DISTANCE
OF 41 I .22 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEAST LINE
SOUTH 269 44'26" WEST A DISTANCE OF 26.67 FEET; THENCE SOUTH 0°25'54" WEST A
DISTANCE OF 30.60 FEET; THENCE SOUTH \1°24'43" WEST A DISTANCE OF 69.28 FEET TO
THE NORTHWESTERLY LINE OF DEL OBISPO STREET, 80 FEET WIDE AS PER DEED OF RIGHT
OF WAY, RECORDED OCTOBER 15, 1930 IN BOOK420, PAGE 430; THENCE NORTH 35°41'00"
EAST ALONG SAID NORTHWESTERLY LCNE A DISTANCE OF 116.76 FEET TO THE
NORTHEASTERLY L[NE OF SAID LOT 66; THENCE NORTH 57G10'30" WEST ALONG SAID
NORTHEASTERLY LINE A DISTANCE OF S0.72 FEET TO THE POINT OF BEGINNING.
CONT AINJNO 3 ,171 SQ FT (0.073 ACRES)
AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF .
_::__} --
CLEM!~ N. CAL VlLLO, RCE 27743
CNC Engineering
Job No . 15-036
Checked by: .J/.L January 19, 2017
Attachment 3-Page 11 of 25
EXHIBIT B
N.T.S.
APN 673-111-17
(FI) PER TRACT N0.10J BK 11, PG 29-33
(R1) PER DEfD OF' RIGHT OF WAY'-RECORDED
OCT08 ER 15, 19:30 , SK420, t'O<t-30
NWL '1 UNE Of
INSTR. Bl<.420
PG. 430
q,· a· q·
SHEET 1 OFt
Prepan1d by.
CNC ENGINEERING
212 1 Alton Parkway, SUite 200
!Nfno, CA 92606
PhoM (949) 86 0588
www.cnc-anv.com
Job No. 15-0:Jf:i FabNary 9, 2017
Attachment 3-Page 12 of 25
CITY OF ONTARIO
CERTIFICATE OF ACCEPTANCE OF GRANT OF TEMPORARY
CONSTRUCTION EASEMENT
[Portions of APN 673-111-16 and 673-111-17}
This Certificate of Acceptance pertains to the interests in real property
conveyed by the Grant of Temporary Construction Easement dated
____________ to which this Certificate of Acceptance is attached ,
from: Harry G. Falklam, Trustee ("Grantor")
to : CITY OF SAN JUAN CAPISTRANO ,
aCallfomia municipal corporation ("Grantee")
Said Grant of Temporary Construction Easement is hereby accepted by the
undersigned offi cer on be ha lf of Grante e pursuant to au tho rity con fe rre d by the
Grantee 's go vern ing body , a nd Grantee he re by co nsents to re cord ation of s uch Grant.
Dated: _______ _
Attest:
City Clerk
CITY OF SAN JUAN CAPISTRANO ,
a California municipal corpo rat ion
By ________ __
City Manager
Attachment 3-Page 13 of 25
Attachment 2
Page 8
Attachment 3-Page 14 of 25
RECORDING REQUESTED BY
Harry G. Fa lklam
32151 Del Obispo Street
San Juan Capistrano, CA .. 92675
AND WHEN RECORDED MAIL TO :
Harry G. Falklam
"Same address as above "
OOCUMENTAAVTRANSFERTAX $ ______ _
APN: 673-111-17
ACCESS EASEMENT AGREEMENT
This Agreement made this day of , 20_, by and between Harry G.
Falklam Trustee of the Harry G. Falklam Revocable Trust dated January 18, 2014 (hereinafter
referred to as "Grantor") and Ron Taylor, a married man, whose address is 39 Ritz Cove Drive,
Dana Point, CA 92629 (hereinafter referred to as "Grantee").
WHEREAS, Grantor is the fee simple owner of certain real property described as:
That parcel of land BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF
SAID LOT 66 WITH THE NORTHWESTERLY LINE OF DEL OBISPO STREET (FORMERLY
MCKINLEY AVENUE) 80.00 FEET WIDE, AS DESCRIBED IN DEED TO COUNTY OF ORANGE
RECORDED OCTOBER 15, 1930, IN BOOK 420, PAGE 430 OF OFFICIAL RECORDS OF SAID
ORANGE COUNTY; THENCE SOUTH 35° 41' 00" WEST 15.00 FEET ALONG SAID
NORTHWESTERLY LINE; THENCE NORTH so 41' 00" EAST 16.48 FEET TO SAID
NORTHEASTERLY LINE; THENCE SOUTH 57o 1 0' 30" EAST 8.43 FEET TO THE POINT OF
BEGINNING AS CONVEYED TO THE CITY OF SAN JUAN CAPISTRANO IN AN INSTRUMENT
RECORDED JANUARY 6, 1972 IN BOOK 9956, PAGE 306 OF OFFICIAL RECORDS .
EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF THE
NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO FRANCIS A. ROTH AND
WIFE, RECORDED SEPTEMBER 4, 1956 IN BOOK 3632, PAGE 143 OF OFFICIAL RECORDS.
(hereinafter referred to as "Property"); and
WHEREAS, Grantor is des irous of granting a non-exclus ive access easement over a
portion of the Property more particularly descri bed on Exh ibit "A" and depicted in Exhibit "B", for
Grantee to use for vehicular access purposes for the convenience of accessing Grantee's adjacent
property (hereinafter referred to as "Easement"); and,
WHEREAS , Grantee is desirous of obtaining said easement; and,
WHEREAS, the parties hereto are desirous of memorializing the terms of this Easement
Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration to which the parties acknowledge receipt of, the parties agree as
follows :
Attachment 3-Page 15 of 25
1. The above recitals are true and correct and are incorporated herein by reference.
2 . Grantor grants to Grantee a non-exclusive access easement In favor of Grantee for the
purposes stated above. The Easement granted herein shall be only for the benefit of the
specific use by the Grantee and Is non-transferrable. Grantor has good right and lawful
authority to convey this Easement and is unaware of any conflicts with the intended use
of this agreement; and but makes no warrants or assurances as to other encumbrances
or easements that may affect the Easement area.
3. Grantee agrees they shall not improve, construct, alter, damage the Property within the
Easement, without the written consent of the Grantor.
4. This Agreement shall be construed in accordance with the laws of the State of California.
Should any dispute arise from this Agreement, venue shall lie in Orange County,
California.
5 . This Agreement shall not be construed against the party who drafted the same as all
parties to this Agreement have participated in the drafting of this Agreement.
IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their authorized hands and
seals this day of , 20 __ .
GRANTEE:
Ron Taylor Harry G. alklam, Trustee
Data
V'i/1 7
Date
Attachment 3-Page 16 of 25
ACKNOWLEDGMENT
A notary public or other officer complet ing th is
certificate verifies only the identity of the individual
who signed the document to which this certificate Is
attached, and not the truthfulness, accuracy, or
valid! of that document.
State of Ca ll fo r:r~
County of _ur.CUI '}t, ------'
on [Y1c.u,l· 4 1 2D 11 before me, J 't-1\~ v Y\il-, 1'\,owrl Vu \o\lu
(Insert name and ti tle of th 86fflcer)
personally appeared ~~\IY\) • f: .L.l:-flM
who proved to me on the basi s of s tisfa ctory evid ence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(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 the instrument.
I certify under PENALTY OF PERJURY under the Jaws of the State of California that the foregoing
paragraph Is true and cprrecl.
.. I
d offici I seal.
(Seal)
Attachment 3-Page 17 of 25
EXHIBIT "A"
LEGAL DESCRIPTION OF THE EASEMENT
Attachment 3:-Page 18 of 25
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Attachment 3-Page 19 of 25
Attachment 3
Page 9
Attachment 3-Page 20 of 25
RECORD ING REQUESTED BY
City of San Juan Capistrano
Engineering Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED MAIL TO :
City Clerk
"Same address as above"
EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 61 OJ &27383 (SPACE ABOVE)
APN: 673-111-16
GRANT OF EASEMENT
Harry G. Falklam Trustee of the Harry G. Falklam Revocable Trust dated January
18, 2014 (referred to herein as "Grantor"), is the owner in fee of certain real property
located at 32151 Del Obispo Street. San Juan Capistrano, County of Orange, State of
California, (hereinafter referred to as the "Property").
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor
does hereby GRANT and CONVEY to the CITY OF SAN JUAN CAPISTRANO, a
California municipal corporation, under the laws of the State of California (the
"Grantee", hereinafter referred to as "City"), its successors and assigns :
1. Permanent Easement. Permanent Easement interest to that certain portion
of the Property more fully described in EXHIBIT "A" and depicted in EXHIBIT ''B" attached
hereto and incorporated herein by reference (hereinafter referred to as the "Permanent
Easement Parcel") for public street, road and public utilities purposes .
The Permanent Easement and covenants contained herein shall run with the land
and shall inure to the benefit of and be binding upon the Grantor and Grantee, their
respective heirs, successors and assigns.
All Exhibits attached hereto are incorporated herein by reference.
7/zo/17
Date
MAIL TA X STATEMENTS AS Dl RECTEDABO VE
Attachment 3-Page 21 of 25
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
State of California
County of ( • f ... 1
name and title of the officer) personally appeared _...:...f ....... ~ .................... I --+-(----~---~~~~'L'"'--' ~-'----
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(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 the instrument.
I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and offiCial seal.
Signature J /
1
J (
(Seal)
Attachment 3-Page 22 of 25
CITY OF SAN JUAN CAPISTRANO
CERTIFICATE OF ACCEPTANCE OF GRANT OF EASEMENT DEED
[Portions of APN 6 73-111-16]
This Certificate of Acceptance pertains to the interests in real property
conveyed by the Grant of Easement Deed dated to
which this Certificate of Acceptance is attached,
from : Harry G. Falklam Trustee of the Harry G. Falklam
Revocable Trust dated January 18, 2014(''Grantor")
to : CITY OF SAN JUAN CAPISTRANO, a
California municipal corporation ("Grantee")
Said Grant of Easement Deed is hereby accepted by the undersigned officer
on behalf of Grantee pursuant to authority conferred by the Grantee's governing
body, and Grantee hereby consents to recordation of such Grant.
Dated: ________ _
Attest:
City Clerk
CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation
By: ____________ _
City Manager
Attachment 3-Page 23 of 25
EXHIBIT "A"
ROAD EASEMENT
LEGAL DESCRlPTlON
(APN: 673-111-16)
321SI DEL OBISPO ST.
City of San Juan Capistrano, County of Orange, State of California
A PORTION OF LOT 66 OF TRACT NO. I 03, lN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE. STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK II PAGES
29 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 66 OF SAID TRACT NO I 03;
THENCE SOUTH 57°1 0'30" EAST ALONG THE NORTHEAST LINE OF SAID LOT 66 A DISTANCE
OF 4S6.5 l FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEAST LINE
SOUTH 25"12'14" WEST A DISTANCE OF 8.53 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 12.00 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°18'04", AN
ARC LENGTH OF 7.81 FEET, TO A POINT OF CUSP, A RADIAL UNE THROUGH SAID POINT
BEARS NORTH 77°54'10" EAST; THENCE NORTH 78°17'00" EAST A DISTANCE OF 0.23 FEET
TO THE NORTHWESTERLY LINE OF DEL OBISPO STREET, 80 FEET WIDE AS PER DEED OF
RIGHT OF WAY, RECORDED OCTOBER IS, 1930 IN BOOK 420, PAGE 430; THENCE NORTH
35°41 '00" EAST ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 15.20 FEET TO THE
NORTHEASTERLY LINE OF SAlD LOT 66; THENCE NORTH 57al0'30" WEST ALONG SAID
NORTHEASTERLY LINE A DISTANCE OF 5.45 FEET TO THE POINT OF BEGINNING.
CONT ArNING 57 SQ FT
AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF .
CLEMENT N . CALVILLO , RCE 27143
CNC Engineering
Job No. I S-036
Checked by: SN ( 06 i 15 120 I 7)
Attachment 3-Page 24 of 25
N.T.S.
EXHIBIT B
(R) PER TRACT N0.103 8K ll, PG 29-JJ
(R1) PER DEED OF' RIGHT OF' WAY, RECORDED
OCTOBER 15, 1930, BK420, PG 30 '
LINE TABlE
I LENGTH BEARING
L1 8.53' 52512'14"W
L2 0.23' N78'17'00"E
LJ 15 .20' NJ5'41'00"E
L4 5.45' N5710'30"W
NE LINE OF LOT 66
LOT 66
TIUCT NO. t03
BK 11, PC SS
APN 673-111-16
APN 673-111-17
LOTS
TRACT NO. 15701
BK 834, PC 60
APN 673-111-28
LOT 5
DETAIL 'A'
CURVE TABLE
f LENGlH RADIUS DELTA
Cl 7.81' 12.00' 3718'04"
SHEET 1 OF t
Prepared by:
CNC ENGINEERING
2121 Alton Parl<woy, Suite 200
Irvine, CA 92606
Phone (9,.9) B6J-05ee
www.cnc-eng.com
Job No. 15-036 June 13, 2017
Attachment 3-Page 25 of 25
PARCEL NO.: 673-111-21
TITLE REPORT NO .: NCS-765547-SA1
PROJECT: Del Obispo Widening Project
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
(ESCROW INSTRUCTIONS)
THIS AGREEMENT ("Agreement") is entered into this day of •
2016 by and between the City of San Juan Capistrano, a California municipal corporation,
(hereinafter called "Buyer" or "City"), and Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees
of the Taylor Family Trust dated January 23, 1998, (hereinafter called "Seller") for acquisition
by Buyer of one Temporary Construction Easement and one Permanent Roadway Easement
over real property hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS :
1. AGREEMENT TO SELL AND PURCHASE . Seller agrees to sell to Buyer, and Buyer
agrees to purchase from Seller, upon the terms and for the consideration set forth in this
Agreement the following interest( s) in property, all situated in the City of San Juan Capistrano,
County of Orange, State of California:
A. Permanent Roadway Easement (Attached as Attachment 1)
B. Temporary Construction Easement (Attached as Attachment 2)
The legal description of each interest is identified in the referenced attachment(s), which
is/are hereby incorporated by reference.
2. PURC HASE PRICE. Seller agrees to waive any monetary consideration for the grant
of the Permanent Roadway Easement (Easement) and the Temporary Construction
Easement (TCE), together referred to as "Easements". In lieu of monetary consideration and
in consideration for the grant of the Easements, the City covenants and agrees to do the
following:
A. Promptly following the completion of the Del Obispo Street Improvement Project
(Project), the City shall convey by recorded quitclaim deed to Sellers the portion of the
street right of way, referenced in that certain easement recorded in 1930 in Book 420,
Page 430, of Deeds, that will be situated behind the newly constructed road
improvements and sidewalk , as approximately shown on "Attachment 3". Seller
acknowledges and agrees that the precise legal description of the area to be
quitclaimed will be established by survey at the City's expense upon completion of the
Project.
B. During the preparation of the legal description for the quitclaimed area referenced in
section 2, A, of this agreement, the City will provide a lot line boundary survey for
Seller identifying the final parcel dimensions and record it with the County Recorder's
Office.
C . Upon completion of the Project, the City will quitclaim its interest in the following
easements affecting Sellers property:
Attachment 4-Page 1 of 32
a. Easement for slope purposes, recorded in 1972, Book 9956, Page 298 of
Official Records.
b. Easements for ditches, recorded in 1892 in Book 64, Page 202, and Book 22,
Page 341, both of Deeds.
c. Easement to County of Orange for roadway purposes, recorded in 1961, Book
29, Page 389 of Deeds, as to any portion that falls outside the completed
Project area. Buyer may request County of Orange to quitclaim their interest in
this easement directly.
d. City will provide any available documentation and assistance to the Seller and
First American Title Insurance Company for an updated title policy reflecting the
effects of the quitclaimed easements, and portions of easements referenced in
section 2 of this agreement.
e. City will pay for the title company research efforts and an updated title
insurance policy on behalf of the Seller.
f. City will quitclaim interest in Temporary Construction Easement recorded as part
of this project.
D. The ProjeQt Improvements located in front of Seller's property have been designed and
reflected in "Attachment 4", which the Seller has reviewed and acknowledged.
E. City will cause to be recorded, that certain Access Easement granted by the adjacent
property owner of Assessor Parcel Number 673-111-17, for the benefit if parcel 673-
111-21, "Attachment 5".
The covenants and agreements of the City set forth in this Agreement shall survive the Close
of Escrow and the recordation of the Easements.
3. CONVEYANCE OF TITLE . Seller agrees to convey by Easement Deed to Buyer a
marketable easement free and clear of all recorded and unrecorded liens, encumbrances,
assessments, easements, leases, and taxes EXCEPT:
A. All taxes for the current fiscal year prorated as per Section 5 hereinafter.
B. Quasi-public utility, public alley, public street easements, and rights of way of
record.
C. Preliminary Title Report to be provided by Orange Coast Title Company and
approved in Escrow.
4. TITLE INSURANCE POLICY. At the Buyers discretion, Escrow Agent shall, following
recording of deed to Buyer, provide Buyer with CLTA Standard Coverage Policy of Title
Insurance in the amount of $6,400 issued by First American Title insurance Company
showing the title to the property vested in Buyer, subject only to the exceptions set forth in
Section 3 and the printed exceptions and stipulations in said policy. Buyer agrees to pay the
premium charged therefore.
5. ESCROW. Buyer agrees to facilitate escrow services in accordance with this
Attachment 4-Page 2 of 32
Agreement with their Right of Way Consultant, CPS I, 26070 Towne Centre Dr., #150, Foothill
Ranch, California (Escrow Agent). This Agreement constitutes the joint escrow instructions of
Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby
empowered to act under this Agreement. The parties hereto agree to do all acts necessary to
close this escrow in the shortest possible time.
Seller agrees to deposit with Escrow Agent prior to the Close of Escrow an original, fully
executed and acknowledged deeds prepared by Escrow Agent and any other customary
agreements, consents, or documents reasonably necessary to effectuate the purchase of the
subject property. Buyer agrees to deposit the purchase price and certificate of acceptance
upon demand of Escrow Agent.
Insurance policies for fire or casualty are not to be transferred, and Seller will cancel his own
policies after close of escrow.
All funds received in this escrow shall be deposited with other escrow funds in a general
escrow account( s) and may be transferred to any other such escrow trust account in any State
or National Bank doing business in the State of California. All disbursements shall be made
by check from such account.
ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE
FOLLOWING TAX ADJUSTMENT PROCEDURE:
A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and
interest thereon, and for any delinquent or non-delinquent assessments or
bonds against the property;
B. In the event this escrow closes between July 1 and November 1, and current
tax information is not available from title insurer, Escrow Agent is instructed to
withhold from Seller's proceeds an amount equal to 120% of the prorated
amount due based upon the previous fiscal year's second half tax bill. At such
time that the tax information is available, Escrow Agent shall make a check
payable to the County Tax Collector for Seller's prorated portion of taxes and
forward same to the Buyer and shall refund any difference to the Seller. In the
event the amount withheld is not sufficient to pay Seller's prorated portion of
taxes due, the Seller herein agrees to immediately pay the difference;
In the event said tax information is available, Seller's taxes shall be prorated in
accordance with Paragraph "C" below.
C . From the date that tax information is available, as per Paragraph "B"
hereinabove, up to and including June 30th, Seller's current taxes, if unpaid,
shall be prorated to date of close of escrow on the basis of a 365 day year in
accordance with Tax Collector's proration requirements, together with penalties
and interest, if said current taxes are unpaid after December 10 and/or April1 0.
At close of escrow, check payable to the County Tax Collector for Seller's
prorata portion of taxes shall be forwarded to Buyer with closing statement;
D. Any taxes which have been paid by Seller, prior to opening of this escrow, shall
Attachment 4-Page 3 of 32
not be prorated between Buyer and Seller, but Seller shall have the sole right,
after close of escrow, to apply to the County Tax Collector of said county for
refund. This refund would apply to the period after Buyer's acquisition, pursuant
to Revenue and Taxation Code Section 5096.7.
ESCROW AGENT IS AUTHORIZED TO , A ND S HALL:
E . Pay and charge Seller, upon Seller's written approval, for any amount
necessary to place title in the condition necessary to satisfy Section 3 of this
Agreement, excluding any penalty for prepayment to any lienholder in
compliance with 1265.240 of the Eminent Domain Law;
F. Pay and charge Buyer for any escrow fees, charges, and costs payable under
Section 6 of this Agreement;
G. Disburse funds and deliver deed when conditions of this escrow have been
fulfilled by Buyer and Seller.
The term "close of escrow", if and where written in these instructions, shall mean the
date necessary instruments of conveyance are recorded in the office of the County
Recorder. Recordation of instruments delivered through this escrow is authorized if
necessary or proper in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be
extended by mutual agreement of the parties hereto. Any amendment of, or supplement
to, any instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE
AS SOON AS POSSIBLE. If (except for deposit of money by Buyer, which shall be
made by Buyer upon demand of Escrow Agent before close of escrow) this escrow is not
in condition to close within 45 days from date of these instructions, any party who then
shall have fully complied with his instructions may, in writing, demand the return of his
money or property; but if none have complied no demand for return thereof shall be
recognized until five (5) days after Escrow Agent shall have mailed copies of such
demand to all other parties at the respective addresses shown in these escrow
instructions, and if any objections are raised within said five (5) day period, Escrow
Agent is authorized to hold all papers and documents until instructed by a court of
competent jurisdiction or mutual instructions . If no demands are made, proceed with
closing of this escrow as soon as possible.
Responsibility for Escrow Agent under this Agreement is expressly limited to Sections 1, 2, 3,
4, 5, 6, 7, 9, 10, and 17 and to its liability under any policy of title insurance issued in regard to
this transaction.
6. ESCRO W FEES. CH A RGES AN D COST S . Buyer agrees to pay all Buyer's and
Seller's usual fees, charges, and costs which arise in this escrow.
7. RENTAL AND OCCUPANCY BY SELLER. Seller warrants that there are no oral or
written leases on all or any portion of property.
Attachment 4-Page 4 of 32
8. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its
authorized agents, permission to enter upon the Property at all reasonable times prior to close
of escrow for the purpose of making necessary or appropriate inspections. It is understood
that the buyer and its contractors will indemnify the undersigned and hold them harmless from
any and all liability for bodily injury, death and property damage arising out of or in any way
connected with such use, and reimburse the seller for all costs, expenses and loss, including
attorney's fees, incurred by them in consequence of any claims, demands and causes of
action which may be made or brought against them arising out of such use.
9. COUNTERPARTS. This Agreement may be executed in counterparts, each of which
so executed shall, irrespective of the date of its execution and delivery, be deemed an
original, and all such counterparts together shall constitute one and the same instrument.
10. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Seller's
statement to Buyer and to Paragon Partners Ltd., 5762 Bolsa Ave, Suite 201, Huntington
Beach, California 92649; purpose being to ascertain if any reimbursements are due to Seller.
11. LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real property or any
improvements thereon, by fire or other casualty, occurring prior to the recordation of the Deed
shall be at the risk of Seller. In the event that loss or damage to the real property or any
improvements thereon, by fire or other casualty, occurs prior to the recordation of the Deed,
Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance which
may become payable to Seller by reason thereof, or to permit such proceeds to be used for
the restoration of the damage done, or to reduce the total price by an amount equal to the
diminution in value of said property by reason of such loss or damage or the amount of
insurance payable to Seller, whichever is greater.
13 . WARRANTIES , REPRESENTATIONS . AND COVENANTS OF SELLER. Seller hereby
warrants, represents, and/or covenants to Buyer that:
A. To the best of Seller's knowledge, there are no actions, suits, material claims,
legal proceedings, or any other proceedings affecting the property or any
portion thereof, at law, or in equity before any court or governmental agency,
domestic or foreign.
B . To the best of Seller's knowledge, there are no encroachments onto the
property by improvements on any adjoining property, nor do any buildings or
improvements encroach on other properties.
C . Until the closing, Seller shall maintain the property in good condition and state
of repair and maintenance, and shall perform all of its obligations under any
service contracts or other contracts affecting the property.
D . Until the closing, Seller shall not do anything which would impair Seller's title to
any of the property.
E. To the best of Seller's knowledge, neither the execution of this Agreement nor
Attachment 4-Page 5 of 32
the performance of the obligations herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness, contract. lease, or
other agreement or instrument to which Seller's property may be bound.
F. Until the closing, Seller shall, upon learning of any fact or condition which would
cause any of the warranties and representations in these Warranties ,
Representations, and Covenants of Seller Section not to be true as of closing,
immediately give written notice of such fact or condition to Buyer.
14. HAZARDOUS WASTE . Neither Seller nor, to the best of Seller's knowledge, any
previous owner, tenant. occupant, or user of the Property used , generated, released,
discharged, stored, or disposed of any hazardous waste, toxic substances, or related
materials ("Hazardous Materials") on, under, in, or about the Property, or transported any
Hazardous Materials to or from the Property. Seller shall not cause or permit the presence,
use, generation, release, discharge, storage, or disposal of any Hazardous Materials on,
under, in, or about, or the transportation of any Hazardous Materials to or from, the Property.
The term "Hazardous Material" shall mean any substance, material, or waste which is or
becomes regulated by any local governmental authority, the State of California, or the United
States Government, including, but not limited to , any material or substance which is (i) defined
as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under
Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health
and Safety Code, Division 20, Chapter 6 .5 (Hazardous Waste Control Law), (ii) defined as
"hazardous substance" under Section 25316 of the California Health and Safety Code,
Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii)
defined as a "hazardous material", "hazardous substance", or "hazardous waste" under
Section 25501 of the California Health and Safety Code, Division 20 , Chapter 6.95
(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous
substance" under Section 25281 of the California Health and Safety Code, Division 20,
Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos,
(vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or
"extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code,
Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311
of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to
Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C . S6901 et seq. (42
U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the
Comprehensive Environmental Response , Compensation, as amended by Liability Act, 42.
U .S .C . S9601 et seq . (42 U.S.C. S9601 ).
15. · COMPLIANCE WITH ENVIRONMENTAL LAWS . To the best of Seller's knowledge the
Property complies with all applicable laws and governmental regulations including, without
limitation, all applicable federal, state, and local laws pertaining to air and water quality,
hazardous waste, waste disposal, and other environmental matters, including, but not limited
to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal,
Resource Conservation Recovery and Comprehensive Environmental Response
Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
regulations, and ordinances of the city within which the subject property is located, the
California Department of Health Services, the Regional Water Quality Control Board, the State
Water Resources Control Board, the Environmental Protection Agency, and all applicable
Attachment 4-Page 6 of 32
federal, state, and focal agencies and bureaus.
16. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine,
penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting
from , arising out of, or based upon (i) the presence, release, use, generation, discharge,
storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of
any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any
statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use,
generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on,
under, in, or about, to or from, the Property. This indemnity shall include, without limitation ,
any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of
any claim, action, suit or proceeding for personal injury (including sickness, disease, or death,
tangible or intangible property damage, compensation for lost wages, business income, profits
or other economic loss, damage to the natural resource or the environment, nuisance,
pollution , contamination, leak, spill, release, or other adverse effect on the environment). This
indemnity extends only to liability created prior to or up to the date this escrow shall close .
Seller shall not be responsible for acts or omissions to act post close of this escrow.
17. CONTINGENCY. It is understood and agreed between the parties hereto that the
completion of this transaction, and the escrow created hereby, is contingent upon the specific
acceptance and approval of the Buyer herein.
The terms and conditions, covenants, and agreements set forth herein shall apply to and bind
the heirs, executors, administrators, assigns and successors of the parties hereto .
This Agreement contains the entire agreement between both parties, neither party relies upon
any warranty or representation not contained in this Agreement.
Attachment 4-Page 7 of 32
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
set forth hereinabove.
BUYER
CITY OF SAN JUAN CAPISTRANO
City Manager
MAILING ADDRESS OF BUYER
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
APPROVED AS TO FORM
BY: ----------------City Attorney
ATTEST
BY:
--~---------------City Clerk
DATE : _________ _
SELLER
Ronald L. Taylor and Cindy Kae Taylor,
Co-Trustees of The Taylor Family Trust
dated January 23 ,1998
h~r ~
Ronald L. Taylor, T
5/8/2017
Date
Cindj rra3for
Cindy Kae Taylor, Trustee
5/8/2017
Date
DATE : ________ _
MAILING ADDRESS OF SELLER
32221 Del Obispo St.
San Juan Capistrano , CA 92675
Attachment 4-Page 8 of 32
Attachment 1
Attachment 4-Page 9 of 32
RECORDING REQUESTED BY:
City of San Juan Capistrano
Engineering Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED MAIL TO :
City Clerk
"Same address as above"
EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 610J &27383 (SPACE ABOVE)
APN: 673-111-21
GRANT OF EASEMENT
Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees of The Taylor Family Trust
dated January 23, 1998, (referred to herein as "Grantor"), is the owner in fee of certain
real property located at 32221 Del Obispo Street, City of San Juan Capistrano, County of
Orange, State of California (hereinafter referred to as the "Property").
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor
does hereby GRANT and CONVEY to the CITY OF SAN JUAN CAPISTRANO, a
California municipal corporation, under the laws of the State of California (the
"Grantee", hereinafter referred to as "City"), its successors and assigns:
1. Permanent Easement. Permanent Easement interest to that certain portion
of the Property more fully described in EXHIBIT "A" and depicted in EXHIBIT "8" attached
hereto and incorporated herein by reference (hereinafter referred to as the "Permanent
Easement Parcel") for public street, road and public utilities purposes.
The Permanent Easement and covenants contained herein shall run with the land
and shall inure to the benefit of and be binding upon the Grantor and Grantee, their
respective heirs, successors and assigns.
All Exhibits attached hereto are incorporated herein by reference.
Cindy K
Date
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Attachment 4-Page 10 of 32
NOTARY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF &-li.fWtLi 4..,
COUNTYOF 0~
§
On 7/ v; 111 'before me, \I I wrti~:z, . a Notary Public,
personally appeared /20¥1/Ud L. fA.t,JivY) CitvA¥ ~ae T~IOi who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(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 the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
@ J. MARTINEZ
~
1
Notar~ Publle • Callltrni•
Orll)fl County
Commlnlon ' 2170623 ~
ML Comm. Explm Otc 2. 2020
Attachment 4-Page 11 of 32
EXHIBIT "A"
LEGAL DESCRIPTION
ROAD EASEMENT
(APN: 673-111-ll)
32221 Del Obispo St.
City of San Juan Capistrano, County of Orange, State of California
THAT PORTION OF LOT 66, TRACf NO. 103, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 11, PAGES 29 TO 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOliTHWEST CORNER OF SAID LOT 66 OF TRACT NO. 103; THENCE ALONG
THE SOUTHWESTERLY LINE OF SAID LOT 66, SOUTH 54°00'03" EAST, 77.25 FEET THE TRUE POINT
OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE OF LOT 66, NORTH 28"18'36" EAST,
71.54 FEET TO A POINT OF CUSP ON THE WESTERLY LINE OF DEL OBISPO STREET, 80 FEET WIDE
(FORMERLY MCKINLEY A VENUE), AS DESCRIBED IN DEED OF RIGHT OF WAY RECORDED OCTOBER
IS, t9JO,IN BOOK420 AT PAGE 430, SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE
CONCAVE EASTERLY AND HAVING A RADIUS OF 440.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS NORTH 89"40'43" WEST; THENCE SOUTHERLY ALONG SAID CURVE, ALSO BEING THE
WESTERLY LINE OF DEL OBISPO STREET, THROUGH A CENTRAL ANGLE OF 01°11'50", AN ARC
DISTANCE OF 9.19 FEET TO A POINT OF REVERSE CURVE CONCAVE TO THE WEST AND HAVING A
RADIUS OF 385.95 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89"07'27''WEST;
THENCE SOUTHERLY ALONG SAID REVERSE CURVE ALSO BEING THE WESTERLY LINE OF DEL
OBlSPO STREET, 80 FEET WIDE (FOR!vlERL Y MCKINLEY AVENUE), AS DESCRIBED IN DEED OF RlGifl
OF WAY RECORDED OCfOBER 15, 1930, IN BOOK 420 AT PAGE 430, THROUGH A CENTRAL ANGLE OF
02°25'17", AN ARC DISTANCE OF 16.31 FEET TO A POINT ON THE NORTHWESTERLY LINE OF LAND
DESCRIBED IN DOCUMENT NUMBER 3403, FOR STREET AND HIGHWAY PURPOSES, RECORDED
JANUARY 6, 1972, IN BOOK 9956 AT PAGE 296, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH
88°27'16" EAST; THENCE LEAVING SAID WESTERLY LINE OF DEL OBISPO STREET, NON TANGENT
TO SAID CURVE, ALONG SAID NORTHWESTERLY LINE OF SAID DOCUMENT NUMBER 3403, SOUTH
28°23'15" WEST, 50.68 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 66 OF TRACT NO. 103;
THENCE NORTH 54"00'03" WEST ALONG SAID SOUTHWESTERLY LINE, 12.09 FEET TO THE TRUE
POINT OF BEGINNING.
THE ABOVE DESCRIBED P AR.CEL CONTAINS 736.29 SQUARE FEET, (0.0 17 ACRES), MORE OR LESS.
AND AS SHOWN ON EXHIBIT "8" ATTACHED HERETO AND MADE A PART OF HEREOF.
CN C Engineering
Job No. 15-036
Checked by: VS February I, 20 17
Attachment 4-Page 12 of 32
N.T.S.
TRACT NO.
BK 11 PC '
EXHIBIT B
-
LOT 67
TRACT NO . 103
BK 11, PC 29-33
(R1) AREA FOR STREET AND HIGHWAY
PURPOSES PER DOCUMENT 3403,
BOOK 9956, PAGE 298,
RECORDED JANUARY 6, 1972
(R2) PER GRANT DEED RECORDED UNDER
tNSlRUMENT NO. 201:5000099931
(R3) PER TRACT NO. 103, BK11, PG 29-33
(R4) PER DEED OF RIGHT OF WAY, RECORDED
OCTOSER 1~. 1930, BK 420, PG 430
(C) CALCULAlED
BAstS Of BEARING • HELD CALCULA lED SEARING
BElWEEN FOUND ORANGE COUNTY MONUMENTS
f75+4RI & 7~4~R1, BEING S37"16'34•w.
SHEET 1 OF 2
Prepared by.
CNC ENGINEERING
2121 Alton Parkwoy, Suite 200
lrvlno, CA 92606
Phone (949) !63-0~88
www.cnc-eng.com
Job No. 15-036 Febn.~ory 1, 2017
Attachment 4-Page 13 of 32
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EXHIBIT B
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SOUl>IEALY CORNER J
LOT 66, TRACT NO. 103
BASIS Of BEARING • HELD CALCULATED BEARING
BETNEEN fOUND ORANGE COUNTY M~UMENTS
f754-4RI ole 75-4SR1, BBNG 537'16'34 W.
(R1) AREA FOR SlREET AND HIGHWAY
PURPOSES PER DOCUMENT 3403,
BOOK 9956, PAGE 296,
RECORDED JANUARY 6, 1972
(R2) PER GRANT DEED RECORDED UNDER
INSTRUMENT NO. 2013000099931
(RJ) PER TRACT NO. 103, BK11, PG 29-33
(R4) PER DEED Of RIGHT OF WAY. RECORDED
OCTOBER 15, 1930, Bl< 420, PG 430
(R5) PER SLOPE EASEMENT 13404, RECORDED
JANUARY 6, 1972. BK Q956, PG 298
(C) CALCULATED
NW'LY UNE INSlR.
BOOK 420, PAGE 430
NW'L Y UNE INSTR. 3-403
BOOK 9956, PAGE 295
SHEET 2 OF 2
Prepared by.
CNC ENGINEERING
2121 Alton Parkwoy, Suite 200
lrvlno, GA 92606
Phone (9-49) 863-0588
www.cnc-eng.com
Job No. 1s-;036 february 1, 2017
Attachment 4-Page 14 of 32
CITY OF SAN JUAN CAPISTRANO
CERTIFICATE OF ACCEPTANCE OF GRANT OF EASEMENT DEED
[Portions of APN 673-111-21]
This Certificate of Acceptance pertains to the interests in real property
conveyed by the Grant of Easement Deed dated to
which this Certificate of Acceptance is attached ,
from: Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees ("Grantor")
to : CITY OF SAN JUAN CAPISTRANO, a
California municipal corporation ("Grantee")
Said Grant of Easement Deed is hereby accepted by the undersigned officer
on behalf of Grantee pursuant to authority conferred by the Grantee's governing
body, and Grantee hereby consents to recordation of such Grant.
Dated : ________ _
Attest:
City Clerk
CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation
By :_--=--=-----------
City Engineer
Attachment 4-Page 15 of 32
Attachment 2
Attachment 4-Page 16 of 32
RECORDING REQUESTED BY ;
City of San Juan Capistrano
Engineering Department
32400 Paseo Adelanto
San Juan Capistrano, CA .. 92675
AND WHEN RECORDED MAIL TO :
City Clerk
"Same address as above "
EXEMPT RE~RDING FEES GOVERNMENT CODE SECTION 61 OJ &27383 (SPACE ABOVE)
APN: 673-111-21
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees of The Taylor Family Trust
dated January 23, 1998, (referred to herein as "Grantor"), is the owner in fee of certain
real property located at 32221 Del Obispo Street, City of San Juan Capistrano, County
of Orange , State of California (hereinafter referred to as the "Property").
FOR VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, Grantor
does hereby GRANT and CONVEY to the CITY OF SAN JUAN CAPISTRANO, a
California municipal corporation, under the laws of the State of California (the
"Grantee", hereinafter referred to as "City"), its successors and ass igns :
1. Temporary Construction Easement. A temporary and non-exclusive
construction easement over, on, under, in, across, along and through that certain portion
of the Property more fully described in EXHIBIT "A" and depicted in EXHIBIT "B" attached
hereto and incorporated herein by reference (hereinafter referred to as the "Temporary
Construction Easement"), for purposes of the constructing the City's project known as
the Del Obispo Widening Project ("Project").
Grantor hereby covenants, by and for itself, its assigns, heirs and voluntary and
involuntary successors in interest to the Property or any part thereof, that at all times
prior to the Expiration Date (defined below), Grantor shall not, without the express written
consent of Grantee: (i) erect nor permit the erection of any building, wall, fence or other
structure within the Temporary Construction Easement Parcel; (ii) plant nor permit the
planting of any tree(s), plant(s) or other vegetation or flora on any portion of the
Temporary Construction Easement Parcel; (iii) undertake nor permit the undertaking of
any activity that may interfere with Grantee's use of the Temporary Construction
Easement and exercise of all rights and privileges thereof; nor (iv) grant any other
easements on, under or over the Temporary Construction Easement Parcel.
The Temporary Construction Easement shall include , without limitation, the right
and privilege of Grantee and its employees, agents, representatives, contractors,
subcontractors, and workmen to: (i) perform all activities as may be necessary to facilitate
the purposes of the Temporary Construction Easement; (ii) use, control and occupy the
Temporary Construction Easement Parcel ; (iii) have access to, ingress to , and egress
from the Temporary Construction Easement Parcel; (iv) use and temporarily place and
operate tools, equipment, machinery and materials on the Temporary Construction
Easement Parcel; and (v) trim, cut. or clear away any trees, brush or other vegetation or
flora, including the roots thereof, located within the Temporary Construction Easement
Parcel.
MAIL TAX STATEMENTS AS Dl RECTED ABOVE
Attachment 4-Page 17 of 32
By its acceptance of this Temporary Construction Easement, Grantee covenants
and agrees, by and for itself, its assigns, heirs and voluntary and involuntary
successors in interest to the Temporary Construction Easement, that upon completion
of that portion of the Project abutting to the Property, Grantee shall : (i) repair or replace
in kind, at Grantee's sole discretion and expense, any improvements such as fences,
gates and other "hard" features that the Grantor did not receive compensation , existing
on the Temporary Construction Easement Parcel that are damaged as a result of
Grantee's exercise of its rights and privileges under the Temporary Construction
Easement; and (ii) leave the Temporary Construction Easement Parcel in a clear,
graded state with no construction debris present. Notwithstanding the foregoing,
Grantee shall not be obligated to repair and/or replace any vegetation removed by
Grantee .
The Temporary Construction Easement shall automatically expire and be of no
further force and effect upon the date ("Expiration Date") that any of the following-
described events first occurs: (i) the recording of a quitclaim or other deed whereby
Grantee conveys to the then fee owners of the Temporary Construction Easement
Parcel all its rights, title and interest in the Temporary Construction Easement; or (ii)
Twelve Months ( 12) from the date of recording of the Temporary Construction
Easement. Termination of the Temporary Construction Easement as of the Expiration
Date shall be automatic without any further act by either Grantor or Grantee .
The Temporary Construction Easement and covenants contained herein shall
run with the land and shall inure to the benefit of and be binding upon the Grantor and
Grantee and their respective assigns , heirs, and voluntary and involuntary successors
in interest.
All Exhibits attached hereto are incorporated herein by reference.
Subject to the rights of Grantee and the covenants and restrictions contained
herein, Grantor retains the right to use the Temporary Construction Easement Parcel
for any purpose that does not interfere with Grantee's use of the Temporary
Construction Easement and exercise of all rights and privileges thereof.
Date
Attachment 4-Page 18 of 32
NOTARYACKNO~EDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF I'M l fvyru Jl.
COUNTY OF 0YI41P)t;
§
On 1{1~/ /1 , before me, J ~ M£1 yri V\2,-1., , a Notary Public, personally
appeared (?.ould L. IMf 16'!1 Cti1aLf KM fA~ !LV' who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(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 the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Attachment 4-Page 19 of 32
EXHmiT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
(APN: 673-111-21)
32221 Del Obispo St.
City of San Juan Capistrano, County of Orange, State of California
THE SOUTHEAST 13.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THAT PORTION OF LOT 66, TRACT' NO. 103, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 11, PAGES 29 TO 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 66; THENCE NORTH 1°41 '00" WEST
ALONG THE EASTERLY LINE OF SAID LOT 66 A DlST ANCE OF 177.08 FEET; THENCE LEAVING SAID
EASTERLY LINE NORTH 53°51'00" WEST A DlSTANCE OF 142.03 FEET TO THE WEST I.no1E OF SAID
LOT 66; THENCE SOUTH 0"25'00" EAST ALONG SAID WEST LINE A DISTANCE OF 177.24 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 66; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT
66 SOUTH 54°48'30" EAST A DISTANCE OF 145.06 FEET TO THE MOST SOUTHERLY CORNER OF SAID
LOT 66 AND THE POINT OF BEGINNING.
EXCEPT THE FOLLOWING DESCRIBED PARCEL;
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 66 OF TRACT NO. 103; THENCE ALONG
THE SOlffHWESTERL Y LINE OF SAID LOT 66, SOUTH 54"00'03" EAST, 77.25 FEET THE POINT OF
BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY UNE OF LOT 66, NORTH 28• I 8'36" EAST, 71.54
FEET TO A POINT OF CUSP ON THE WESTERLY LINE OF DEL OBISPO STREET, 80 FEET WIDE
(FORMERLY MCKINLEY A VENUE), AS DESCRIBED IN DEED OF RIGHT OF WAY RECORDED OCTOBER
15, 1930, IN BOOK420 AT PAGE430, SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE
CONCAVE EASTERLY AND HAVING A RADlUS OF 440.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS NORTH 89"40'43" WEST; THENCE SOUTHERLY ALONG SAID CURVE, ALSO BEING THE
WESTERLY LlNE OF DEL OBISPO STREET, THROUGH A CENTRAL ANGLE OF ot•tt'50", AN ARC
DISTANCE OF 9.19 FEET TO A POINT OF REVERSE CURVE CONCAVE TO THE WEST AND HAVING A
RADIUS OF 385.95 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89°40'43"WEST;
THENCE SOliTHWESTERLY ALONG SAID REVERSE CURVE ALSO BEING THE WESTERLY LlNE OF
DEL OBISPO STREET, 80 FEET WIDE (FORMERLY MCKINLEY AVENUE), AS DESCRIBED IN DEED OF
RIGHT OF WAY RECORDED OCTOBER 15, 1930, IN BOOK 420 AT PAGE 430, THROUGH A CEI'ITRAL
ANGLE OF 02"25'17", AN ARC DISTANCE OF 16.31 FEET TO A POINT ON THE NORTHWESTERLY LINE
OF LAND DESCRIBED IN DOCUMENT NUMBER 3403, FOR STREET AND HIGHWAY PURPOSES,
RECORDED JANUARY 15, 197:2, IN BOOK 9956 AT PAGE 296, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 88°27'16" EAST; THENCE LEAVING SAID WESTERLY LINE OF DEL OBISPO STREET,
NON TANGENT TO SAID CURVE, ALONG SAID NORTHWESTERLY LINE OF SAID DOCUMENT
NUMBER 3403, SOUTH 28"23'1 S" WEST, 50.68 FEET TO THE SOUTHWESTERLY UNE OF SAID LOT 66 OF
TRACT NO. 103; THENCE NORTH 54"00'03" WEST ALONG SAID SOUTHWESTERLY LINE, 12.09 FEET
TO THE POINT OF BEGINNING.
Al.SO EXCEPT THAT PORTION OF DEL OBISPO STREET RECORDED OCTOBER 15, 1930, lN BOOK420,
PAGE 430 AND THAT PORTION OF DOCUMENT 3403, RECORDED JANUARY 6, 1972, IN BOOK 9956,
PAGE 296.
THE ABOVE DESCRIBED PARCEL CONTAINS 1,0815 SQUARE FEET, 0.025 ACRES, MORE OR LESS .
Attachment 4-Page 20 of 32
AND AS SHOWN ON EXHfBIT "B" A IT ACHED HERETO AND MADE A PART OF HEREOF.
CLEMENT N. CALVILLO, RCE 27743
CNC Engineering
Job No. 15-036
Checked by: VS January 30, 2017
Attachment 4-Page 21 of 32
N.T.S.
EXHIBIT B
LOT 67
TRACT NO. 10.3
BK 11. PC 29-33
(R1) AREA FOR STREET AND HIGHWAY
PURPOSES PER OOCUt.fENT 3<l03,
BOOK 9956, PAGE 296,
RECORDED JANUARY 6, 1972
(R2) PER GRANT DEED RECORDED UNDER
INSTRUMENT NO. 2013000099931
(R3) PER lRACT NO. 103, BK11, PG 29-33
(R4) PER DEED OF RIGHT OF WAY, RECORDED
OCTOBER 15, 1930, BK 420, PG 4:50
(C) CALCULATED
BASIS Of" BEARING • HELD CALCULATED BEARING
BETWEEN FOUND ORANGE COIJNlY MONUMENTS
f7~1 & 7M~R1, BEING S3716'3 ... "W.
SHEET 1 OF 2
Prepared by.
CNC ENGINEERING
2121 Alton Porkway, Suite 200
Irvine, <;A 92606
Phone (949) 883-0588
www.cnc-eng.com
Jab No. 15-036 February 9, 2017
Attachment 4-Page 22 of 32
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EXHIBIT B
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(R1) AREA FOR STREET ~0 HIGHWAY
PURPOSES PER DOCUMENT 3-403,
BOOK 9956, PAGE 296,
RECORDED JANUARY 6, 1972
(R2) PER GRANT DEED RECORDED UNDER
INSTRUMENT NO. 201J000099931
(R3) PER TRACT NO. 103, 81<11, PG 29-33
(R4) PER DEED OF RIGHT OF WAY, RECORDED
OCTOBER 15, 1930, 81< <4-20, PG 430
(R5) PER SLOPE EASEMENT 13404, RECORDED
JANUARY 6, 1972, 81< 9956, PG 298
(C) CALCULATED
I I·~~~
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UOST SOU'Tl-tERL Y CORNER -
LOT 66, TR"CT NO. 103 SHEET 2 OF 2
Prepared by.
BASIS OF BEARING = HELD CALCULA lED BEARING
BETWEEN FOUND ORANGE COUNTY MONUMENTS
f754-4RI &: 75-45R1, BEING S37"16'34•w.
CNC ENGINEERING
2121 Alton Parkway, Suite 200
lr.ine, CA 92606
Phone (949) 863-0588
www.cnc-enq.com
Job No. tS-U36 February 9, 2017
Attachment 4-Page 23 of 32
CERTIFICATE OF ACCEPTANCE OF GRANT OF TEMPORARY
CONSTRUCTION EASEMENT
[Portions of APN 673-111-21]
This Certificate of Acceptance pertains to the interests in real property
conveyed by the Grant of Temporary Construction Easement dated
____________ to which this Certificate of Acceptance is attached,
from: Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees ("Grantor")
to: CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation ("Grantee")
Said Grant of Temporary Construction Easement is hereby accepted by the
undersigned officer on behalf of Grantee pursuant to authority conferred by the
Grantee's governing body, and Grantee hereby consents to recordation of such Grant.
Dated: ________ _
Attest:
City Clerk
CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation
By : ____________ _
City Engineer
Attachment 4-Page 24 of 32
Attachment 3
Attachment 4-Page 25 of 32
EXHIBIT "A"
RIGHT-OF-WAY VACATION
LEGAL DESCRIPTION
Del Obispo St.
(260 Ft to 830 Ft South of Calle Aspero)
City of San Juan Capistrano, County of Orange, State of California
A PORTION OF LOT 66 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK L 1 PAGES
29 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 66 OF SAID TRACT NO 103;
THENCE SOUTH 57°10'30" EAST ALONG THE NORTHEAST LINE OF SAID LOT66 A DISTANCE
OF 461.95 FEET; SAID POINT BEING,ON THE WESTERLY RIGHT-OF-WAY OF DEL OBISPO
STREET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY SOUTH 35°41'00" WEST, A
DISTANCE OF 15.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG
WESTERLY RIGHT-OF-WAY SOUTH 35°41'00" WEST, A DISTANCE OF 333.70 FEET TO A
TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 440.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
36°1 0' 1 0", AN ARC LENGTH OF 277.76 FEET, TO A POINT OF CUSP, SAID POINT BEING NON-
TANGENT LINE, RADIALLY NORTH 89°30'50" EAST; THENCE LEAVING SAID CURVE NORTH
27°30' 12" EAST. A DISTANCE OF 434.31 FEET TO AT AN GENT CURVE CONCAVE SOUTHEAST
AND HAVING A RADIUS OF 3,083 .00 FEET; THENCE NORTHEAST ALONG SAID CURVE
THROUGH A CENTAL ANGLE OF 00°55' 12", AN ARC LENGTH OF 49.50 FEET; THENCE NORTH
28°25'23" EAST, A DISTANCE OF 61.46 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3,084.89 FEET; THEN NORTHEAST
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 °02'27", AN ARC LENGTH OF 56.04
FEET, TO A POINT OF CUSP, SAID POINT BEING NON-TANGENT LINE, RADIALLY SOUTH
60°32' 10" EAST; THENCE SOUTH 78°17'00" WEST, A DISTANCE OF 2.97 FEET TO THE POINT
OF BEGINNING.
CONTAINING 18,150 SQ FT (0.42 ACRES), APPROXIMATELY.
Attachment 4-Page 26 of 32
AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF .
CLEMENT N. CALVILLO, RCE 27743
CNC Engineering
Job No. 15-036
Checked by: SN (05-31-2017)
Attachment 4-Page 27 of 32
N.T.S.
P.O.C.
LOT 66
TRACT NO. 108
BK 11, PG 88
APN 673-111-17
CURVE TABLE
II LENGTH RADIUS DELTA
C1 277.76' 440.00' 36'10'10"
C2 49.50' 3083.00' 0'55'12''
C3 56.04' 3084.89 ' 1'02'27"
APN 673-111-21
J
~ti.~13Q'~~-rD)
EXHIBIT B
NE LINE OF LOT 66
LOTS
TRACT NO. 15701
BK 884, PG 50
Ss..>.. APN 673-111-28 /0• .,8, J'o~ ·.9s· R
APN 673-111-16
P.O.B. L1
II
L1
L2
L3
L4
L5
LINE TABLE
LENGTH BEARING
15.20' S35'41'00"W
333.70' S35'41'00"W
434.31' N27'30'12"E
61.46' N28'25'23"E
2.97' S78'17'00"W
(R) PER TRACT N0.1 03 BK 11, PG 29-33
(R1) PER DEED OF RIG HT OF WAY, RECO RDED
OCTOBER 15, 1930. BK420, PG430
SHEET 1 OF 1
Prepared by.
CNC ENGINEERING
1, 2017
Attachment 4
Attachment 4-Page 29 of 32
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Attachment 5
Attachment 4-Page 32 of 32