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NEELY FAMILY TRUST
PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement is entered into this 5th day of December, 2000 (the "Agreement"), by and between the Capistrano Valley Water District (hereinafter "Seller"), and the Neely Family Trust (hereinafter"Buyer"). WHEREAS, Seller is the owner of certain real property (Assessor's Parcel #675- 331-19 & 20) which is a surplus and unused water reservoir site consisting of approximately 14,875 square feet and is generally located in the northeasterly quadrant of Valle Road and Forster Ranch Road, approximately 500 feet easterly of a portion of privately owned Valle Road in the City of San Juan Capistrano; and WHEREAS, Buyer desires to purchase said real property under the below-stated terms and conditions; NOW, THEREFORE, BE IT RESOLVED between Seller and Buyer as follows: Section I. Sale of Property/Purchase Price. Seller agrees to sell and Buyer agrees to purchase that certain real property more particularly described as Assessor's Parcel Numbers 675-331-19 and 675-331-20 located in the City of San Juan Capistrano for the purchase price of Thirty-Four Thousand Dollars ($34,000.00). Buyer shall pay the purchase price of Thirty-Four Thousand Dollars ($34,000.00) payable as follows: (a) Buyer shall pay Five Thousand Dollars ($5,000.00) by cashier's check on execution of this Agreement, payable to the Escrow Holder as a deposit to be applied to the price at close of escrow. Escrow Holder shall place the deposit in an interest-bearing account for the benefit of Seller. alwe dq'wl_ (b) Sshall pay the balance of the purchase price by cashier's check at the time that escrow documents are finalized with the Escrow Holder which shall occur not later than three (3) business days before the close of escrow. The purchase price shall be paid to Seller at close of escrow. Neely Agmt.wpd 09/28/00 1 of 5 Section 2. Escrow Established. This sale shall be consummated through an escrow established with Burrow Escrow, 32261 Camino Capistrano, Suite D-101, San Juan Capistrano, California. The closing date for the escrow will be January 19, 2000. Escrow shall be considered opened when both parties deposit fully-executed escrow instructions with escrow holder and"close of escrow" shall be when the grant deed to the property is recorded. Within ten (10) days after execution of this Agreement, each party agrees that this Agreement shall constitute the escrow instructions and Seller shall provide the designated escrow holder with a fully-executed original of the Agreement. The Close of Escrow date may be mutually decided by written agreement between the parties. Section 3. Conveyance of Title. Seller shall, by grant deed, convey to Buyer a fee simple interest free and clear of all title defects, liens, encumbrances, deeds of trust and mortgages, excepting those encumbrances identified in the preliminary title report and attached as Exhibit "A" to this Agreement. Seller shall procure a standard land title association policy of title insurance in the �At1 amount of the purchase price to be paid by Seller and to be issued by [,+1� showing title as it is to be vested in the name of the Buyer, subject to the exceptions noted Cp(YIMLp1t�, above. akh f i✓ Section 4. Proration of Taxes. Insurance. and Interest. CLPP(D,(edgy" Real property taxes, interest on assessments assumed by Buyer, rents, insurance premiums on any insurance, to the extent that there are any of the aforementioned, shall be prorated as of the closing date on the basis of a thirty (30) day month. Section 5. Closing Costs. Seller shall be responsible only for paying all costs and expenses of clearing title, preparing, executing, acknowledging, and delivering the grant deed. Neely Agmt.wpd 09/28/00 2of 5 i All other costs, including recording and other escrow costs, shall be borne by the Buyer. Section 6. Condition of Property. (a) The subject real property includes water reservoir improvements,all of which are deemed surplus property by Seller. Buyer warrants that Buyer has inspected all of the property. Seller hereby represents and warrants to Buyer that,to the best of Seller's actual knowledge, and without any independent investigation having been made by Seller, no hazardous materials are located on or under the property; there has been no release, storage, treatment, generation, or disposal of any hazardous materials on, under, or from the property; and that no hazardous materials have been transported from the property. For the purposes of this Agreement, the"hazardous material"shall be defined as broadly as possible and shall include any"hazardous material"or"substance"as such terms may be defined under any Federal, State or local law or regulation. Buyer agrees that, as of the close of escrow, it will be acquiring the property in "as- is" condition with all faults and conditions then existing on the property, including any hazardous material that may be located on, under, or around the property. (b) Buyer further acknowledges that it has reviewed the City's appraisal report for the property. The R. P. Laurain &Associates' report dated June 8, 1999 states in part: "The subject property is located within the northeasterly quadrant of Valle Road and Forster Ranch Road. It should be noted that access to the subject property is via an apparent implied easement over the surrounding privately- owned property. It is assumed, however, that access to the property is for the purpose of maintenance and repair of the existing water reservoir; it is further assumed that in the event the water reservoir is abandoned the subject property will be effectively 'landlocked'. Buyer agrees and understands that there is a potential legal limitation regarding access rights to the parcel as described above. Buyer willingly and knowingly agrees to take title subject to this access limitation." Section 7. Disputes. (a) Mediation. Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to Neely Agmt.wpd 09128100 3of 5 arbitration or court action. Mediation fees, if any, shall be borne equally among the parties. (b) Arbitration. Buyer and Seller agree that any dispute or claim in law or equity arising between them out of this Agreement, or any resulting transaction which is not settled through mediation, shall be decided by neutral, binding arbitration. The parties shall mutually agree upon the methodology for selection of an arbitrator. (c) Attorneys' Fees. In the event of a dispute, neither party shall be entitled to attorneys' fees in the event that an enforcement action or mediation is brought pursuant to the terms of this Agreement. Section 8. Notices. All notices and demands shall be given in writing by personal service or first class mail, postage prepaid in the U.S. mail. Notices shall be addressed as shown below for each party, except that, if any party gives notice of a change of address, notices to that party shall thereafter be given as shown in that notice. To Seller: Capistrano Valley Water District c/o George Scarborough, Executive Director 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Buyer: Neely Family Trust c/o Mr. Jerry Neely P.O. Box 507 San Juan Capistrano, CA 92693 Section 9. Planning and Zoning for Prooertv. This Agreement in no manner is intended to convey or imply that Buyer may use the subject property for any intended purpose Buyer may so desire. Buyer agrees and acknowledges that Buyer must secure applicable planning and zoning entitlements from the City of San Juan Capistrano prior to constructing any structural improvements to the property. Neely Agmt.wpd 09/28/00 4of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. Seller: Capistrano Valley Water District B6: 4D4id . Swe in, airman Buyer: Neely Family Trust By. Gf/ ATTEST: By: vJ®7ti Cheryl Johnso , Cle c of the Board APPROYEP ASTOFORM: By: Ov�� John R Shaw, District Counsel Neely Agmt.wpd 09/28/00 5of 5 • • Exhibit A LAWYERS TITLE COMPANY 18551 Von Barman Avenue, Suite 100 Irvine, CA 92612 PRELIMINARY REPORT City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cynthia Russell Escrow Officer: Cynthia Russell Telephone: 949-493-1171 Fax: Your No. : Capo Valley Property Address: Our No. : 0000042-12 San Juan Capistrano, CA Title Officer: John Marten Direct Line: (949) 223-5520 Fax Line: (949) 261-6927 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the conditions of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CLTA Preliminary Report (Rev. 1-1-95) ORDER NO. : 0000042-12 SCHEDULE A Date of Report: 02/16/00 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: Capistrano Valley Water District 3. The land referred to in this report is situated in the State of California, County of Orange and is described on the attached Exhibit A. ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 15° 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet; thence South 740 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in nook 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 49" 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 740 14' 40" East 98.37 feet; thence North 150 45' 20" East 154 .65 feet; thence North 740 14' 40" West 99.65 feet; thence South 150 45' 20" West 145.62 feet; thence South 70 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of official Records, in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 15° 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94 .65 feet and thence South 740 14' 40" East to the point of beginning. ORDER NO. : 0000042-12 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON TEE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2000-2001 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: lay and maintain water pipes and take water through said land Recorded: October 6, 1930 Book 428, Page 75 of Official Records Affects: portion of Parcel A Reference is made to said document for full particulars. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Consolidated Gas & Electric Company Purpose: pole lines Recorded: January 21, 1941 Book 1072, Page 563 of Official Records Affects: said deed provides that the route of said line of poles shall be erected as follows: Beginning at Station 441+55.38 on the center line of the State Highway as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of Orange County, California; thence South 58° 00' East 1081.6 feet; thence North 79° 52' East 668.7 feet; thence North 750 44' East 342.6 feet. Reference is made to said document for full particulars. 3. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: underground pipe lines Recorded: Book 2110, Page 407 of Official Records Affects: portion of said land Reference is made to said document for full particulars. ORDER NO. : 0000042-12 SCHEDULE B (continued) 4. Matters contained in Record of Survey, as per map filed in Book 4, Page 15 and Book 21, Page 41 of Record of Survey, in the office of the County Recorder of said County. Reference is made to said map for full particulars. 5. Covenants, conditions and restrictions as set forth in the document. Recorded: Book 4984, Page 448 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said matter affects: Parcel B 6. The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: San Juan Capistrano Central Redevelopment Project Area Recorded: May 22, 1984 Instrument No. 84-212085 of Official Records 7 . Lack of a right of access to and from the land. Attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. Please inform us if access has been, or is to be, established by means of an appurtenant easement. This will require additional time and expense to search and report upon before title insurance can be approved. ORDER NO. : 0000042-12 SCHEDULE B (continued) END OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. ORDER NO. : 0000042-12 NOTES AND REQUIREnS NOTE NO. 1: ME SPECIAL NOTICE California Insurance Code Section 12413 .1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulates the disbursement of escrow funds by Title Companies. Funds received by Lawyers Title Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1. We have received confirmation of the respective incoming wire. 2 . Collection of a deposited check. Wires directed to this office of Lawyers Title Company must be directed to: UNION BANK 1980 SATURN STREET MONTEREY PARK, CA 91754 ACCOUNT #: 9120014096 ABA#: 122000496 FOR: (list our Order Number) NOTE NO. 2 : This Company will require the following to insure a loan or a conveyance from, the entity named below: Capistrano Valley Water District (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. NOTE NO. 3: The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. ORDER NO. : 0000042-12 NOTE SECTION (continued) NOTE NO. 4 : There are no conveyances affecting said land, recorded within six (6) months of the date of this report. DISTRIBUTION: jm/rd Plats and CC&R's enclosed Typed: 02/23/00 "This plat is for your aid In locating your land with reference to streets and other parcels.White this plat is believed to be correct, the Company Assumes no liability for any loss occurring by reason of reliance thereon." CULT-3 LuuyersTide Company 675-33 nRRw� IN SR Ra' R� RDr l'A�KTA 36 IN PM9/-/I 149P.Nz t PM 9030 p�/ PAR 2 P e P%RRe� S /Wq.4 12 13 9 a a RS 55 11 qS 65-IY RS.4l A2 R' RS IJ 4P P IN R,2 MR, Mq/ O i PO i S 0 /00 1. SOJ4 ALR./ 'ro F3 ra,r - P.M.90-Jo b "�•s' PRR/ Y a,v run PM 14-/ OyO flKIB fi 331 �s3 R.R4,L a PK gR'n rO RS 4112 Myr gSlSlf f7 /!/YAGF/ F PM 90-4J _a •gyp PK 90-29 - PRR,f Ma! " O 0 ± S - /406 C.fiJ RSS/I/ • I M w50-R9PAR. B i MRI 4/-, PX9 PAR. A _ 4 PAR. /ROacfL/ t" 1Y 3 2 19 bs� PY PSf9 3 D /KIAC/L/ urt* Pq 34 MARCH 1983 PARCEL NAP PN 54-/,go-42,90-43,90-50,9F/4,98-?9NOnF-ASSESSOR'S BLOCK 8 ASSESSOR'S MAP O RECORD SURVEY R..£ 43-42 PARCEL NUMBERS 10OK6YSPAGE33 - SHOWN IN CIRCLES COUNrY OF ORANGE r Capistrano R7aIW Water `District December 11, 2000 Mr. Jerry Neely Neely Family Trust P. O. Box 507 San Juan Capistrano, California 92693 Re: Purchase of McCracken Hill Reservoir Property Dear Mr. Neely: At their meeting of December 5, 2000, the Capistrano Valley Water District Board of Directors approved the Purchase and Sale Agreement with you providing for your purchase of the unused water reservoir site known as the McCracken Hill Reservoir. A fully-executed copy of the Agreement is enclosed for your files. Please feel free to contact Cynthia Russell at 443-6301 if you have any questions. Very truly yours, 01"( "&SA_ Cheryl Johnson Clerk of the Board Enclosure cc: Cynthia Russell (with enclosure) P.O. Box 967, San Juan Capistrano, California 92693 ° Phone 714-493-1515 32450 Paseo Adelanto • San Juan Capistrano, California 92675 FAX 714-493-3955 Planner; Amy Amirani, Public Works Director; Al King, Community Services Director, Lt. Rick Stahr, Orange County Sheriffs Department; Karen Vavan, Recording Secretary. CONSENT CALENDAR It was moved by Director Greiner, seconded by Director Bathgate, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Directors Bathgate, Greiner, Hart, Gelff and Chairman Swerdlin NOES: None ABSENT: None 1. APPROVAL OF MINUTES — ADJOURNED REGULAR MEETING OF OCTOBER 17, 2000; AND REGULAR MEETING OF NOVEMBER 7, 2000 The Minutes of the Adjourned Regular Meeting of October 17, 2000, and the Regular Meeting of November 7, 2000, were approved as submitted. Director Gelff abstained. 2. APPROVAL OF ACCEPTANCE OF WATER EASEMENTS — BRIGHTON GARDENS OF SAN JUAN CAPISTRANO, 31741 RANCHO VIEJO ROAD (AUREUS ACQUISITION III,L.P.)(600.70) As set forth in the Report dated December 5, 2000, from the Engineering and Building Director, the dedication of water easements from Aureus Acquisition III, L.P., was accepted. The Clerk of the Board was authorized to forward the Easement Deed to the County Recorder. 3. APPROVAL OF IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR WATER FACILITIES — SILVERADO SENIOR LIVING, 30311 CAMINO CAPISTRANO (SILVERADO SENIOR LIVING, INC.) (600.70) As set forth in the Report dated December 5, 2000, from the Director of Public Works, the Improvement and Reimbursement Agreement for Water Facilities—Silverado Senior Living, Inc., was approved. The Chairman and Clerk of the Board were authorized to execute the Agreement. 4. APPROVAL OF PURCHASE AND SALE AGREEMENT FOR McCRACKEN HILL RESERVOIR SITE (NEELY FAMILY TRUST)(60110.70) As set forth in the Report dated December 5, 2000, frdm the Administrative Services Director, the Purchase and Sale Agreement was approved, providing for sale of a District-owned parcel formerly occupied by the McCracken Hill Reservoir to Jerry Neely, owner of property completely surrounding the subject parcel. The General Manager CVWD Minutes -2- 12/5/00 was authorized to execute the necessary documents to complete the sale of the property. 5. APPROVAL OF AMENDMENT TO THE AGREEMENT — PROCUREMENT SUPPORT SERVICES PHASE I DESALTER PROJECT CAPISTRANO VALLEY WATER DISTRICT (MALCOLM PIRNIE INC.)(600.70) As set forth in the Report dated December 5, 2000, from the Director of Public Works, the Chairman was authorized to execute Amendment No. 1 to the Agreement with Malcolm Pirnie, Inc., reflecting a modified scope of work, in an amount of$58,714, to provide procurement management services to the Capistrano Valley Water District for the design, construction, operation and financing of Phase I of the San Juan Desalter Project. Approval was given to appropriate$58,714 from the Capital Improvement Fund Reserve to the CIP No. 758. BOARD ACTIONS - None ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 8:37 p.m., to the next meeting date of Wednesday, January 3, 2001 at 5:30 p.m., in the City Council Chamber. Respectfully submitted, /U I, w, 7L>&YY111,/ At �Al JQgo� CHERYL JOHNSON, CLERK Or THE BOARD ATTEST: ;J1 , ' -�)/kz%'x7� DIANE BATHGATE /ICE CHAIRMAN CVWD Minutes -3- 12/5/00 ,*QENDA ITEM December 5, 2000 TO: George Scarborough, General Manager FROM: Cynthia L. Russell, Administrative Services Director SUBJECT: Consideration ofPurchaseand Sale Agreement-APN 675-331-19/675-331- 20 (McCracken Hill Reservoir)(Neely Family Trust) RECOMMENDATION: By Motion, approve purchase and sale agreement and authorize General Manager to execute all necessary documents to complete the sale of property. SITUATION: In early 1999, staff received an offer from Mr. Jerry Neely to purchase District-owned property that is completely surrounded by his property in the McCracken Hill area. The property, more commonly known as the McCracken Hill Reservoir is located in the northeasterly area of Valle Road and Forester Ranch Road. The reservoir is scheduled for replacement by a larger reservoir as part of development of the adjacent properties. The reservoir on this property had served its useful life and was incurring excessive maintenance and repair costs. Since the reservoir was beginning to fail, it has been shutdown and removed. The area is currently being served with an interim by-pass line. The property is completely surrounded by another parcel owned by the Neely Family and access to the property is via an implied easement which can only be used for maintaining the reservoir. Mr. Neely's offer was to purchase the property for its appraised value. Staff has had the property appraised by Laurain and Associates. The property appraisal identifies the highest and best use of the property would be speculative investment for resale at a higher price at some future date or joinder with an adjacent privately-owned property. Additionally, the land value was discounted due to the lack of access with the abandonment of water district use and the need to demolish and clear the existing reservoir, and fill the excavation. Based on these factors, the property has been appraised at $34,000. The Board of Directors considered this appraisal information and declared the property surplus in August 1999. All required public notification of the sale has been completed. Therefore, staff recommends the Board of Directors approve the attached purchase and sale agreement and authorize the General Manager to execute all necessary documents to complete the sale of property. FOR CITY COUNCIL AGE D4 � Cheryl Johnson From: Cindy Russell Sent: Tuesday, December 19, 2000 4:35 PM To: Cheryl Johnson Subject: RE: Neely Purchase & Sale Agrmt I know. He hasn't called me back either. I will call again tomorrow Thanks, r=6301 -----Original Message----- From: Cheryl Johnson Sent: Tuesday, December 19,2000 3:47 PM To: Cindy Russell Subject: Neely Purchase&Sale Agrm[ He hasn't come in yet. When did you expect him? CheryC x6308 1 Burrow Escrow Services 32261 Camino Capistrano Suite D-101 San Juan Capistrano, CA 92675 (949) 240-0601 FAX: (949) 240-0710 Attn: Cynthia Russell Date: January 23, 2001 Capistrano Valley Water District Escrow No. SJ-11034-CM City of San Juan Capistrano Property: AP#675-331-19 and AP#675-331-20, 32400 Paseo Adelanto Vacant Land San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Dear Cynthia: In reference to the above numbered escrow we would appreciate your complying with the instructions below. PLEASE SIGN AND RETURN (RETAIN ADDITIONAL COPY FOR YOUR FILES): - Escrow Instructions PLEASE FILL IN COMPLETELY, SIGN AND RETURN: - Loan Information Sheet - Cal Firpta - 1099 Form - Withholding - Form 597-W - Closing Letter PLEASE SIGN THE FOLLOWING BEFORE A NOTARY PUBLIC EXACTLY THE WAY YOUR NAME APPEARS ON THE DOCUMENTS, AND RETURN TO US: - Grant Deed PLEASE PROVIDE THE FOLLOWING: - Please provide copies of your Articles, By-Laws and Corporate Resolution authorizing the sale of this property WE HAVE ALSO ENCLOSED A CERTIFIED COPY OF THE ESCROW INSTRUCTIONS, COPY OF THE PRELIM, ESTIMATED CLOSING STATEMENT AND COPY OF GOOD FAITH DEPOSIT. Your prompt delivery of any items requested will assist us in the completion of your escrow. Very truly yours, BURROW ESCROW SERVI Christie unyon/sed Escrow Officer frrow Escrow Serviss 32261 Camino Capistrano Suite D-101 San Juan Capistrano, CA 92675 (949) 240-0601 FAX: (949) 240-0710 Illllllllllllllllllilllllllllllllllll�lllllllllll ESCROW NO: SJ-11034-KP SJ-11034 Kimberly Parham, ESCROW OFFICER DATE: December 13, 2000 BURROW ESCROW SERVICES HOLDS THE DEPARTMENT OF CORPORATIONS, STATE OF CALIFORNIA, LICENSE NO. i 863-1229. TO BURROW ESCROW SERVICES. We the undersigned, hand you a copy of the Purchase and Sale Agreement dated December 5, 2000. Buyer and Seller agree that the Purchase and Sale Agreement also constitutes joint escrow instructions to you as Escrow Holder. The Purchase and Sale Agreement contains agreements between the Buyer and Seller which do not require action on the part of the escrow holder. You are instructed as follows: CASH THROUGH ESCROW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,000.00 (of which the sum of $ 5,000.00 will be deposited by Buyer) Prior to close of escrow, Buyer will deposit an additional amount of $29,000.00% TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $34,000.00 Obtain for Buyer a Standard Land Title policy of title insurance, issued by Lawyers Title Company, with the Title Company's exceptions, in the amount of the purchase price. ESCROW CLOSING DATE TO BE ON OR BEFORE January 29, 2001 The legal description of the property is: As per legal description attached and made a part hereof as Exhibit A. PROPERTY ADDRESS: AP#675-331-19 and AP#675-331-20, San Juan Capistrano, CA 92675 (VACANT LAND) TITLE TO APPEAR VESTED IN: Jerry W. Neely and Nancy C. Neely, Trustees of The Neely Family Trust of March 3, 1978 ADDITIONAL INSTRUCTIONS: A. CLOSING FUNDS: Each party acknowledges that the close of escrow is conditioned on check clearances. Funds to close must be in the form of a Cashiers Check drawn on a bank with clearing house in the State of California OR be wire transferred to Burrow Escrow's Trust Account two (2) days prior to recording of documents. ALL FINAL FUNDS DEPOSITED IN ESCROW FOR CREDIT OF BUYER IN EXCESS OF $100,000.00 MUST BE WIRE TRANSFERRED. B. GOOD FUNDS LAW: Due to the Good Funds Law (AB512) there may be a delay between the time Buyers new loan is funded, close of escrow (recording), and/or disbursement of Seller's proceeds, dependent upon the manner or form in which the Buyers new loan proceeds are disbursed by lender. Buyers are aware that interest on new loan commences on the date the funds are disbursed by lender, and Sellers are aware that interest on existing loans of record will accrue until date payoff is received by lender, REGARDLESS OF DATE ESCROW CLOSES (RECORDING). C. RELEASE OF FUNDS: If applicable, release sufficient funds from monies on deposit to pay for credit report, appraisal, city reports, lender or association statements/documents which may be required to be paid in advance. These monies are not refundable regardless of the consummation of this escrow. D. NO TAX PRORATIONS: Buyer and Seller understands that escrow holder WILL NOT be prorating any property taxes as none are available on subject property at this time. E. PROPERTY TAX BILL: Buyer is aware that the property will be assessed by the Tax assessor as of the close of escrow. As Escrow Holder, you are hereby relieved of any and all responsibility and/or liability in connection with any future or revised tax bills in connection with any future or revised tax bills. F. INSURANCE OUTSIDE OF ESCROW: Buyer may obtain their own fire insurance coverage OUTSIDE OF ESCROW, and Escrow Holder is not to be concerned with same. Escrow Holder is relieved of any responsibility and/or liability concerning fire insurance coverage on the subject property. (CONTINUED ON PAGE 2) The principals to the transaction agree that if no additional instructions are received from one or both of the principals to the transaction within 120 days from the date escrow is to close, the escrow holder shall consider the escrow cancelled and is authorized to take a cancellation fee not to exceed $500.00 and disburse any remaining deposit to the parties depositing same. Seller's Initials V PLF,SE SICAI Q N!J }a'BURN Buyer's Initials Date: December 13, 2000 • • Escrow No: SJ-11034-KP PAGE 2 of 4: Additional instructions made a part of previous pages as if fully incorporated therein. G. PRELIMINARY REPORT: Close of this escrow is subject to Buyer's approval of the Preliminary Report and CC&R's within 5 calendar days of receipt of same from escrow. Approval or disapproval must be in writing to Escrow Holder and seller pursuant to the method of contingency removal specified above. If Seller is unwilling or unable to eliminate any title matter, disapproved by Buyer or if Seller fails to deliver title as above, Buyer may terminate this agreement, in which case Buyer and Sellers agree to execute cancellation instructions wherein Buyers deposit shall be returned to Buyer. H. ZONE DISCLOSURE REPORT: Seller instructs escrow holder to order a zone disclosure report with LGS and instructs escrow holder to furnish said report to Buyer. Escrow holder is further instructed to debit the Seller's account with G the cost of same, once LGS has deposited bill into escrow. I. CHANGE OF OWNERSHIP: Buyer will complete a "Preliminary.Change of Ownership Report" which shall be presented to the County Recorder at the same time of recordation as the Deed for the subject property. Should Buyer decline to complete said "Preliminary Change of Ownership Report", or if rejected by the County Recorder, Buyer (or Seller if required by lender) will be assessed with an additional $20.00 surcharge by the County Recorder, which shall be charged to the Buyer's account (or to Seller's account if required by lender). In this event, a Standard Change in Ownership statement (Revenue and Taxation Code, Section 480) will be mailed to the Buyer by the Office of the County Assessor. Failure on the part of the Buyer to complete and return said Standard Change of Ownership mailed under authority of Section 480 within 45 days, will result in a penalty of 10% of the taxes due, after processing the reassessment caused by a change in ownership or $100.00, whichever is greater, but not to exceed the sum of $2,500.00. J. SATISFACTION OF CONTINGENCY: Buyer's deposit of balance of funds shall constitute their acknowledgement that all terms, conditions and contingencies have been met. K. CUSTODIAL FEE: You are authorized and instructed to deduct $25.00 per month as a custodial fee from any funds on deposit not disbursed within 3 months after close of escrow, or 3 months after the scheduled close of escrow. THE FOLLOWING ARE AGREEMENTS BETWEEN SELLER AND BUYER, ENTERED HEREIN FOR MEMORANDUM PURPOSES ONLY, WITH WHICH ESCROW HOLDER IS NOT TO BE CONCERNED: 1. PROPERTY SOLD "AS-IS": Notwithstanding repairs stated herein, this property is being sold in it's "AS IS" condition as per the provisions of the original Purchase and Sale Agreement. 2. CITY'S APPRAISAL REPORT: "The subject property is located within the northeasterly quadrant of Valle Road and Forster Ranch Road. It should be noted that access to the subject property is via an apparent implied easement over the surrounding privately-owned property. It is assumed, however, that access to the property is for the purpose of maintenance and repair of the existing water reservoir; it is further assumed that in the event the water reservoir is abandoned the subject property will be effectively 'landlocked'. Buyer agrees and understands that there is a potential legal limitation regarding access rights to the parcel as described above. Buyer willingly and knowingly agrees to take title subject to this access limitation." CAPISSTRANO VALLEY WATER DISTRICT BY:./ GEORGE SCARBOROUGH, EXEC. DIRECTOR NEELY FAMILY TRUST BY: JERRY W. NEELY, TRUSTEE BY: NANCY C. NEELY PLEASE SIGN AND RETURN / (CONTINUED) Seller's Initials 1r Buyer's Initials Date: December 13, 2000 • • Escrow No: SJ-11034-KP PAGE 3 of 4: Additional instructions made a part of previous pages as if fully incorporated therein. GENERAL PROVISIONS "ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS" 1.The persons who are the parties to the transaction to which this escrow relates(the "Principals")each agree,understand and acknowledge that West Coast Escrow ("West Coast") is acting as an escrow holder in connection with this transaction and is not acting as a trustee or in any other fiduciary capacity. West Coasts duties shall be limited to safekeeping of such money and documents received by it as escrow holder,and for the disposition of such money and documents in accordance with the written instructions accepted by it in this escrow. All funds received in this escrow by West Coast shall be deposited to an account (the "Escrow Account") with a state or federal bank(the "Depository"). West Coast may also deposit escrow fund for other customers for unrelated transactions to the Escrow Account. UNLESS OTHERWISE AGREED IN WRITING,EACH OF THE PRINCIPALS AGREES,UNDERSTANDS AND ACKNOWLEDGES THAT: THE ESCROW ACCOUNT IS NON-INTEREST BEARING; NO FINANCIAL OR OTHER BENEFITS WILL BE EARNED BY OR PROVIDED TO ANY OF THE PRINCIPALS WITH RESPECTS L' TO SUCH FUNDS;AND WEST COAST AND ITS AFFILIATES MAY INSTEAD RECEIVE DIRECT AND INDIRECT FINANCIAL AND OTHER BENEFITS FROM THE DEPOSITORY WITH RESPECT TO SUCH FUNDS. THESE BENEFITS SHALL BE TREATED AS ADDITIONAL COMPENSATION TO WEST COAST FOR ITS SERVICES AS AN ESCROW HOLDER IN THIS TRANSACTION. 2. You shall not be responsible or liable in any manner whatsoever for the sufficiency or correctness as to form, manner of execution or validity of any documents deposited in escrow, nor as to the identity, authority or rights of any person executing the same, either as to documents of record or those handled in this escrow. You shall not be required to take any action in connection with the collection, maturity or apparent outlaw of any obligations deposited in this escrow, unless otherwise instructed. You shall not be liable for any of your acts or omissions done in good faith, nor for any claims, demands, losses or damages made, claimed or suffered by any party to this escrow, excepting such as may arise through or be caused by your willful neglect or gross misconduct. 3. Escrow to close on or before the time set forth in these instructions. However,you may close escrow after that date unless Buyer or Seller has made written demand upon you for the return of monies or documents deposited by him, in which event you are instructed to prepare cancellation instructions. 4.All notices,demands and instructions must be in writing. In the event conflicting demands or notices are made or served upon you or any controversy arises between the parties hereto or with third person growing out of or relating to this escrow, you shall have the absolute right to withhold and stop all further proceedings in, and performances of, this escrow, until you receive written notification satisfactory to you of the settlement of the controversy by agreement of the parties thereto, or by final judgment of a court of competent jurisdiction. All of the parties to this escrow hereby jointly and severally promise and agree to pay promptly on demand, as well as to indemnify you and to hold you harmless from and against all litigation and interpleader costs, damages, judgments, attorney's fees, expenses, obligations and liabilities of every kind which, in good faith,you may incur or suffer in connection with or arising out of this escrow, whether said litigation, interpleader, obligations, liabilities or expenses,arise during the performance of this escrow, or subsequent thereto, directly or indirectly. 5. These instructions may be executed in counterparts, each of which shall constitute an original regardless of the dates of its execution and delivery. All such counterparts together shall constitute one and the same document. 6. You are hereby authorized to deposit any funds or documents handed you under these escrow instructions, or cause the same to be deposited, with any duly authorized sub-escrow agent, subject to your order at or prior to close of escrow, in the event such deposit shall be necessary or convenient for the consummation of this escrow. 7.The parties to these escrow instructions authorize you to destroy these instructions and all other instructions and records in this escrow at any time after five (5) years from close of escrow. B. In the event of failure to pay fees or expenses due you hereunder,on demand, I agree to pay a reasonable fee for any attorney's services which may be required to collect such fees or expenses. 9.If Seller unilaterally assigns or orders the proceeds of this escrow to be paid to other than the original parties to this escrow,such assignment or order shall be subordinate to the expenses of this escrow,liens of record on the subject property, and payments directed to be made by Buyer and Seller together. If the result of such assignment or order would be to leave the escrow without sufficient funds to close, then you are directed to close nevertheless and to pay such assignments or orders only out of the net proceeds due Seller except for such assignments or orders, and to pay them in the order in which such assignments or orders are received by you. 10.You are not to be concerned with the giving of any disclosures except as expressly required by Federal or State law to be given by an escrow agent. Neither are you to be concerned with the effect of zoning ordinances, land division regulations, or building restrictions which may pertain to or affect the land or improvements that are the subject of this escrow. 1 t. Parties hereto understand Escrow Holder is not required to act on facsimile instructions or e-mail. 12.Order payoff statement(s)on existing liens and loans, if applicable,AND/OR order beneficiary statement(s) on loanls) of record being taken over by the Buyer, comply with lenders' requirements, and freeze or close equity lines of credit. Charge Seller for any delinquent payments, if applicable. 13. Adjustments and/or prorations called for in this escrow shall be made in the following manner: Prorate taxes on real property only, based on the last tax bill in your possession or on latest available tax figures furnished by the title company. Prorate rent per rental statements. Make all adjustments and prorations on the basis of a 30-day month. 14. "Close of escrow" as used in this escrow means that date on which documents are recorded, unless otherwise specified.All documents and funds due the respective parties are to be mailed to the addresses set out,unless otherwise specified. Our signatures on any document and instructions pertaining to this escrow indicate our unconditional approval of same. You as escrow holder shall have no responsibility or liability for any act outside of escrow. 15. I/We agree to pay escrow fees and charges, including messenger fees and overnight delivery charges plus handling, if applicable. Escrow Holder to provide copies to Buyer and Seller and their agents of any notices received from the other party or their agents. Each party signing these instructions states they have read and approved instructions on all previous pages. [/We irrevocably assign the fees to escrow, whether by cancellations or closing. 16. As the undersigned Seller,the foregoing terms, provisions, conditions and instructions, are approved and accepted in their entirety and concurred in by me. I will hand you necessary documents called for on my part to cause title to be shown as above, which you are authorized to deliver when you hold or have caused to be applied funds set forth above within the time as above provided. Pay your escrow charges, my recording fees, charges for evidence of title as called for whether or not this escrow is consummated, except those the buyer agreed to pay. You are hereby authorized to pay bonds, assessments,taxes, and any liens of record, including prepayment penalties, if any, to show title as called for. Pay Documentary Transfer Tax on deed as required. 17. Your duty to act as escrow holder shall not commence until these instructions,signed by all parties are received by you. Until such time either party may unilaterally cancel and upon written request delivered to you, a party may withdraw funds and documents such party previously handed to you. 16. You are authorized to furnish copies of escrow instructions, supplements, amendments, or notices of cancellation, preliminary report and closing statements in this escrow to real estate broker(s)and lenders)referred to in this escrow. You are not required to submit any title report issued in connection with this escrow to any party or agent unless directed to do so by mutual instructions. (CONTINUED) Seller's Initials ✓ Buyer's Initials Date: December 13, 2000 • • Escrow No: SJ-11034-KP PAGE 4 of 4: Additional instructions made a part of previous pages as if fully incorporated therein. SELLERS: BUYERS: Capistrano Valley Water District, a Municipal Jerry W. Neely and Nancy C. Neely, Trustees of CorporatioXeor the Neely Family Trust of March 3, 1978 BY: eScarborough, Executive Jerry W. Neely, Trustee C Director Nancy C. Neely, Trustee PLEASE SIGN AND RETURN ORDER NO. : 0000042-12 ' EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 70 41' 20" East 9. 92 feet; thence South 74° 14' 40" East 78 .48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94 .65 feet; thence South 740 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 74° 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 74° 14' 40" East 98 .37 feet; thence North 15° 45' 20" East 154 .65 feet; thence North 740 14' 40" West 99.65 feet; thence South 150 45' 20" West 145 .62 feet; thence South 7° 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of official Records, in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94 .65 feet; thence North 74° 14' 40" West 39.65 feet; thence South 15° 45' 20" West 94.65 feet and thence South 74° 14' 40" East to the point of beginning. r RECORDING REQUESTED BY: Burrow Escrow Services AND WHEN RECORDED MAIL TO: Mr. and Mrs. Jerry Neely P.O. Box 507 San Juan Capistrano, CA 92693 THIS SPACE FOR RECORDER'S USE ONLY: ESCROW NO. SJ-11034-CM TITLE ORDER NO. 0000042-12 THE UNDERSIGNED GRANTOR(S) DECLARE(s) DOCUMENTARY TRANSFER TAX is $37.40 [X1 computed on full value of property conveyed, or [ I computed on full value less value of liens or encumbrances remaining at time of sale. [ I Unincorporated area [XI City of San Juan Capistrano, AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CAPISTRANO VALLEY WATER DISTRICT, a Municipal Corporation hereby GRANT(s) to: Jerry W. Neely and Nancy C. Neely, Trustees of the Neely Family Trust of March 3, 1978 the real property in the City of San Juan Capistrano, County of Orange, State of California, described as: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A AND MADE A PART HEREOF ALSO KNOWN AS: AP#675-331-19 and AP#675-331-20, Vacant Land, San Juan Capistrano, CA 92675 A.P. # DATED January 22, 2001 Capistrano Valley Water District, a Municipal r STATE OF CALIFORNIA Corporation COUNTY OF On BY: before me, George Scarborough, Executive a Notary Public in and for said State, personally appeared Director personally known to me (or 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. WITNESS my hand and official seal. Signature (This area for official notarial seal) Mail tax statements to: Mr. and Mrs. Jerry Neely, P.O. Box 507 San Juan Capistrano, CA 92693 Burrow Escrow Services 32261 Camino Capistrano Suite D-101 San Juan Capistrano, CA 92675 (949) 240-0601 FAX: (949) 240-0710 Burrow Escrow Services 32261 Camino Capistrano Suite D-101 San Juan Capistrano, CA 92675 (949) 240-0601 FAX: (949) 240-0710 Burrow Escrow Services 32261 Camino Capistrano Suite D-101 San Juan Capistrano, CA 92675 (949) 240-0601 FAX: (949) 240-0710 . r ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 70 41' 20" East 9. 92 feet; thence South 74° 14' 40" East 78.48 feet; thence North 15° 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 74° 14' 40" West 39.65 feet; thence South 15° 45' 20" West 94 .65 feet; thence South 740 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 74° 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 74° 14 ' 40" East 98.37 feet; thence North 150 45' 20" East 154.65 feet; thence North 74° 14' 40" West 99.65 feet; thence South 15° 45' 20" West 145 .62 feet; thence South 7° 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9. 92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 15° 45' 20" East 94.65 feet; thence North 74° 14' 40" West 39.65 feet; thence South 15° 45' 20" West 94.65 feet and thence South 74° 14' 4011 East to the point of beginning. Efrow Escrow Servicle (`,nMptM FULLY 32261 Camino Capistrano Suite D-101 San Juan Capistrano, CA 92675 (949) 240-0601 FAX: (949) 240-0710 Escrow No.: SJ-11034-CM Property Address: AP#675-331-19 and AP#675-331-20, Vacant Land, San Juan Capistrano CA 92675 /T'HE LENDERS PRESENTLY HOLDING LOANS ON OUR PROPERTY INVOLVED IN YOUR ESCROW ARE AS FOLLOWS: FIRST TRUST DEED LOAN: Name of Lender: Address: Loan No.: FHA Loan: YES NO SECOND TRUST DEED LOAN, IF ANY Name of Lender: Address: Loan No.: Equity Line of Credit: YES NO THIRD TRUST DEED LOAN, IF ANY Name of Lender: Address: Loan No.: Equity Line of Credit: YES NO FIRST HOMEOWNER'S ASSOCIATION INFORMATION Name of Association: Management Company, if any Address: Account No.: Phone No.: Dues Per Month: $ Paid To: SECOND HOMEOWNER'S ASSOCIATION INFORMATION Name of Association: Management Company, if any Address: Account No.: Phone No.: Dues Per Month: $ Paid To: EASED LAND: Name of party you are making ground rent payments to: Name: Amount: $ MONTHLY I - ) QUARTERLY I - ) YEARLY ( ) ddress: Phone No.: Please be informed the IRS requires us to submit any information in regard to this transaction including seller carry back notes and the terms of that agreement. PLEASE SIGN AND RETURN WITH ESCROW INSTRUCTIONS. Capistrano Valley Water District, a Municipal Corporation BY: George Scarborough, Executive Director 0 0 Burrow Escrow Services 32261 Camino Capistrano Suite D-101 San Juan Capistrano, CA 92675 (949) 240-0601 FAX: (949) 240-0710 CLOSING ADDRESS TO: BURROW ESCROW SERVICES PQr'qSECOMPL£rr , a'l(�Y RE: ESCROW NO.: SJ-11034-CM Gentlemen: Please be advised that the address of the undersigned at the close of this escrow will be as follows. All documents and proceeds due us at the close of escrow should be mailed to the above address unless you are otherwise advised, in writing, or by telephone, prior to the close. (IN THE EVENT THE ABOVE INFORMATION IS UNAVAILABLE AT THIS TIME PLEASE RETAIN THIS FORM UNTIL AVAILABLE, AND THEN COMPLETE, SIGN AND RETURN TO US. THANK YOU FOR YOUR COOPERATION!) CBE-043 Escrow No. SJ-11034-CM NOTICE REGARDING CALIFORNIA NONRESIDENT WITHHOLDING REQUIREMENTS In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 3 1/3 percent of the sales price in the case of a disposition of California real property interest by either: 1. A seller who is on individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR 2. A corporate seller who has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the lesser of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), or 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation has a permanent place of business in California, OR 3. The seller executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filling a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. Seller may request a reduced withholding amount or waiver by contacting: FRANCHISE TAX BOARD WITHHOLDING AT SOURCE UNIT P.O. BOX 651 SACRAMENTO, CA 95812-0651 (916) 845-4900 BUYER AND SELLER HEREBY ACKNOWLEDGE RECEIPT OF THIS NOTICE Jerry W. Neely and Nancy C. Neely, Trustees of the Neely Family Trust of March 3, 1978 Nancy C. Neely, Trustee Jerry W. Neely, Trustee SELLER: Please check one of the following Please pay the required withholding amount to the Franchise Tax Board of the State of California from the proceeds due me at close of escrow. (3 1/3%) of sales price). Please send form 597 Withholding Exemption Certificate. (Resident/Non-Resident of California). Escrow holder is instructed to forward the completed form to the Buyer(s) at the close of escrow. Capistrano Valley Water District, a Municipal Corporation BY: George Scarborough, Executive Director Ab,.EASE COMPLI'T€ FULLY YEAR Withholding Exemption Certificate and CALIFORNIA FORM Nonresident Waiver Request for Real Estate Sales 597-W Part I Seller's Information Name Social Security Number/California Corporation No./FEIN Street Address PMe no. City,State,ZIP Cade Phone Number Ownership Percentage Property Address(if no street address, provide parcel number and county) AP#675-331-19 and AP#675-331-20, Vacant Land San Juan Capistrano CA 92675 Buyer's Information Name Social Security Number/California Corporation No./FEIN Jerry W. Neely and Nancy C. Neely, Trustees of the Neely Family Trust of March 3, 1978 Street Address PMB no. P.O. Box 507 City,State,ZIP Cade Phone Number San Juan Capistrano, CA 92693 If there is more than one seller, attach a separate sheet listing additional seller's information. Read the following and check the boxes as they apply to the seller(see General Information C, Exemptions from Withholding (Part I) for definitions and details for each area): YES NO [4. . Is the total sales price of this property $100,000 or less? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:10 . Are you a resident of California? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . El El . Does the property being sold qualify as your principal residence? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . El El Are you a corporation registered in California or that has a permanent place of business in California? . . . . . . . . . . ❑ ❑ . Are you a partnership or a limited liability company with recorded title to the property in the name of the partnership or limited liability company? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 6. Are you a tax-exempt entity? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B 7. Are you an irrevocable trust with at least one trustee who is a California resident? . . . . . . . . . . . . . . . . . . . . . . . . 8. Are you an estate where the decedent was a California resident at the time of death? . . . . . . . . . . . . . . . . . . . . . e e 9. Are you a bank or a bank acting as a fiduciary for a trust? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. Are you an insurance company, IRA, or qualified pension/profit sharing plan? . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ nder penalties of perjury, I hereby certify that the information provided above is, to the best of my knowledge, true and correct. If conditions change, I will promptly inform the withholding agent. I understand that completing this form does not exempt me from filing a California income tax return to report this sale. Seller's Signature Date: If you answered "YES" to any of the above questions, STOP HERE. You are exempt from the nonresident withholding requirements. Provide this form to your escrow company or the buyer (withholding agent). If you answered"NO"to all of the above questions,you are subject to the nonresident withholding requirements.The required withholding is 3 1/3% of the total sales price. Do you believe that your estimated tax liability from the sale of this property will be less than the required withholding amount? ❑ Yes. Complete the Waiver Request Section on Side 2 and send this form to the Franchise Tax Board. ❑ No. STOP HERE.Your escrow person will withhold 3 1/3%of the total sales price and send it to the Franchise Tax Board on your behalf. Obtain the seller's copy of Form 597, Nonresident Withholding Tax Statement for Real Estate Sales,to attach your California income tax return when you file and claim the withholding amount. For Privacy Act Notice, get form FTB 1131 597W99109 Form 597-W (NEW 1999) Page 1 C EXEMPTIONS FROM California immediately after the transfer. Waiver requests are handled on a case-by- WITHHOLDING (PART 1) A corporation has a permanent place of case basis.Generally,the FTB will reduce or business in California if it is organized eliminate the withholding amount when: The seller is exempt from the withholding and existing under the laws of California requirements if they have answered "Yes" or if it is a foreign corporation qualified to • The 3 1/3%withholding amount exceeds to any of the questions in Part 1. The transact intrastate business by the the estimated California tax liability from completed Form 597-W should be signed by California Secretary of State's Office. A the sale; form example: the seller and given to the buyer of other corporation that has not qualified to withholding agent. The buyer, or other transact intrastate business, such as Salting Price . . . . . . . . . . . $250,000 withholding agent, should retain the form corporation engaged exclusively inn Withholding Ratee . . . . . x 3.33% for five years following the close of the interstate commerce, will be considered Withholding Amountnt . . . . . . $ 8,325 as having a permanent place of business transaction.The buyer,or other withholding in California only if it maintains a Gain on Sale . . $ 50,000 agent, will be relieved of the real estate permanent office in California and the Maximum Tax Rate . . . . . . . 9.3%' withholding requirements if the buyer relies office is permanently staffed by its Estimated Tax Liability . . . . . $ 4,650 in good faith on a completed and signed employees. Form 597-W. A completed Form 597-W *The maximum tax rates are 9.3% for certifying an exemption of withholding does S. The seller is a partnership of LLC and individuals and 8.84% for corporations. not eliminate the requirement that the seller the recorded title to the property is in must file a California income tax return and the name of the partnership of I.I.C. A In this example, the withholding amount pay the tax due. partnership includes a syndicate, group would be reduced to $4,650. If the The seller should answer "Yes" in Part I pool, joint venture, or other documentation provided shows that the when: unincorporated organization through estimated tax liability will be $0 from the which the business operation is carried sale, a full waiver will be granted. 1. The total sales price of the California real on and which is not a corporation,trust, property is $100,000 or less. or estate. A partnership of LLC may be • The transaction involves an IRC Section required to withhold on distributions of 1031 exchange, a foreclosure, or an 2. The seller is a California resident on the California course income to nonresident installment sale; or date escrow closes.A California resident partners or members. For more • The transaction involves multiple sellers, is any individual who is in California for information, get FTB Pub 1017, some of whom are nonresidents of Nonresident Withholding - Partnership California. other than a temporary or transitory Guidelines. purpose or any individual domiciled in California who is absent for a temporary Nate: The withholding amounts is 3 1/3% y purpose. Sellers who are 6. The seller is exempt from tax under of the totals sales price regardless of the or nor either California or federal law. percentage of interest owned in the uncertain of their residency status can get assistance by calling the FTB at properly. (800) 852-5711, or by getting FTB Pub 7, The seller is a California irrevocable 1031, Guidelines for Determining trust. For withholding purposes, as To receive a prompt determination, include Resident Status, for more information. irrevocable trust is considered all required information and documentation California trust if at least one trustee is to Support your request. Failure to include 3. The property qualifies as the seller's a California resident. Irrevocable trusts the required information, signatures and are required to withhold on distributions documents can result in either a delay or principal residence under of California source income to their denial of your request. Below is a list of the IRC Section 121.The home in which you nonresident beneficiaries. Note: If the minimum documentation required for the live is your principal residence. You can seller is a revocable/grantor trust and FTB to make a determination. Do not send only have one principal residence at a one or more of the grantors is a original documentations. time. If you have two homes and live in nonresident, withholding is required. If both of them, the principal residence is all of the grantors of a revocable/grantor This is general guide.Additional information the one you lived in most of the time. trust are residents of California, no may be requested on a case-by-case basis. Even though you do not currently live in withholding is required. the property, it may still qualify as your • Loss of Small Gain principal residence for the purpose of the withholding exemption. An example is a 8. The seller is a California estate. For ❑ The current sales escrow document withholding purposes, an estate is (estimated closing statement, sales former California resident who moved out considered a California estate if the contract, or closing statement). of state prior to the close of escrow.The decedent was a California resident at ❑ Purchase escrow document(closing property can qualify for the withholding the time of death. Estates are required statement) from the original exemption if the seller still considers it to to withhold on distributions of California transaction. be the principal residence, or if it source income to their nonresident ❑ qualifies for the exclusion of income List of any improvements and under IRC Section 121.An individual can beneficiaries. related costs. exclude up to $250,000(up to $500,00 9. The feller is a bank or a bank acting as for a married couple) of the gain on the the fiduciary for a trust. • Inherited Property sale of a principal residence. Sellers can 10. The seller is an insurance company p y or a C] The current sales escrow document qualify for this exclusion if, during the 5- federally qualified pension or profit- (estimated closing statements,sales sale they owned and lived in the property sharing plan. contract, or closing statement). as their principal residence for at least 2 ❑ The court documents showing the years. For examples and more details, D NONRESIDENT WITHHOLDING fair market value of the property at get federal Publication 523, Selling Your WAIVER REQUEST (PART 11) the time of inheritance, or the death Home,by accessing the Internal Revenue This section should be completed if you do certificate if the death occurred less Service's(IRS)website at: www.irs.gov not meet any of the exemptions to than one year ago. or by calling the IRS at(800) 829-3676. withholding as shown in Part I and you believe that your estimated tax liability from If the Property was inherited more than two d. The seller is a corporation that is the sale will be less than the required years ago, also: registered in California or has a withholding. permanent place of business in ❑ State whether the property was a rental. If yes, state how long it was rental property. Form 597-W (NEW 19991 Page 3 ❑ List any improvements since the E When to File This Form G Additional Information date of inheritance and related costs. When requesting a waiver or reduction in To order California Tax forms not related to • IRC Section 1031 Exchange withholding, the Form 597-W should be nonresident withholding or for more completed and sent to the FTB as soon as information you may contact us: you enter into a contract of sale. ❑ Completed and signed California By Internet: If you have access you may Form 597-E, Nonresident The FTB will determine if the withholding download, view, and print California tax Withholding Exchange Affidavit. should be eliminated, reduced or if the forms and publications. Go to our website ❑ The current sales escrow document request should be denied. The FTB usually at: (estimated closing statement, sales processes applications within 45 days after www.ftb.ca.gov contract, or closing statement). receipt of all necessary information. If a response from the FTB has not been By automated phone service: Use this ❑ On Form 597-E indicate the basis of received by the time title is transferred, the service to order 1997, 1998, and 1999 the property being sold. parties to the transaction may direct the California tax forms and 1999 federal forms. ❑ On Form 597-E indicate the state escrow person to hold funds for withholding where the replacement property is in trust up to 45 days from the date title is Have paper and pencil ready to take notes. located. transferred. From within the • Installment Sales If Form 597-W is not filed timely with the United States . . . . . (800) 338-0505 FTB and title passes to the buyer/transferee (toll-free) ❑ before the application can be processed, From outside the Completed and signed California withholding of 3 1/3% of the total sales United States . . . . . (916) 845-6500 Form 597-I, Nonresident price is required. There is no provision to Inot toll-free) Withholding Installment Sale authorize an early refund after title has Agreement. passed to the buyer/transferee and the Follow the recorded instructions. This ❑ The current sales escrow document withholding has been remitted to the FTB. service is available 24 hours a day, seven (estimated closing statement, sales days a week. contract, or closing statement). Any withholding waiver issued by the FTB ❑ Purchase escrow document(closing applies only for the limited purpose of By mail-Please allow two weeks to receive he withholding obligation under your order. If you live outside of California, statement) from the original determining t transaction. R&TC Section 18662. The withholding please allow three weeks to receive your waiver would not apply for other issues that order. Write to; ❑ The note agreement. may arise in connection with the transfer. ❑ List of any improvements and The FTB may accept evidence submitted TAX FORMS REQUEST UNIT related costs. with a waiver request for the purpose of FRANCHISE TAX BOARD issuing the withholding waiver; however, PO BOX 307 • Reacquired Property (Foreclosure or this evidence may not be adequate for other RANCHO CORDOVA, CA 95741-0307 Repossession) issues related to the transfer. In person - Most libraries, post office, and ❑ The current sales escrow document If you receive a determination letter from banks provide free California personal (estimated closing statement, sales the FTB reducing the amount of income tax booklets during the filing contract, closingstatement) withholding, you must enter the season. Many libraries and some quick print closing confirmation number from the FTB businesses have forms and schedules for ❑ The original sales escrow document determination letter on Form 597. you to photocopy (you may have to pay a from the first time you sold the Nonresident Withholding Tax Statement for nominal fee). Note that employees at property prior to foreclosure. Heal Estate Sales, when payment is sent to libraries,post offices,banks,and quick print ❑ The original purchase escrow the FTB, Payment must be sent with Form businesses cannot provide tax information document (closing statement) from 597. or assistance. when you originally purchase the property. F Where to File This Form Assistance for persons with disabilities The FTB complies with provisions of the ❑ Statement of the amount of cash If you meet one of the exemptions to Americans with Disabilities Act. Persons (down payment) received on the withholding m Part I,the form should not be with hearing or speech impairments, call: original sale prior to foreclosure. g ❑ Statement of the amount of notes given to the buyer or escrow company. Be From voice phone . . . . (800) 735-2922 received of carried prior to sure to sign the form to certify that you (California Relay Service) foreclosure. Provide a copy of the meet the exemption. From TTY/TDD . (800) 822-6268 note carried. If you are requesting a waiver or reduction (Direct line to FTB customer service) ElStatement of the balance due in the withholding (and do not meet one of remaining on the note. the exemptions in Part 1), the completed For all other assistance or special ❑ List of the foreclosure costs (the Form 597-W should be filed with the FTB to accommodations, call (800) 852-5711. costs to get the property back)• request an authorized determination. Fax Form 597-W to (916) 845-4831 or mail to: El List of any improvements and related costs. NONRESIDENT WITHHOLDING SECTION ❑ The calculation of the gain from the FRANCHISE TAX BOARD original sale. PO BOX 651 ❑ A copy of federal Form 6252, SACRAMENTO, CA 95812-0651 Installment Sale, income, or If you send your request by fax, do not send California form FTB 3805E, the original request by mail. Installment Sale Income, filed with your tax return in the year of the Please wait 10 working days after faxing original sale. your request and 13 working days after ❑ Deed in-lieu of foreclosure or mailing before contacting us. trustee's deed upon sale. Page 4 Form 597-W (NEW 1999) BURROW ESCROW SERVICES Information to assist Sellers in the completion of The 1099-S Certification and 1099-S Input Form To comply with IRS regulations, requiring reporting of the sale or exchange of Real Property, follow the instructions below: Step 1 Each Seller must complete a 1099-S Certification form. (Husband and Wife must each complete a separate form). Step 2 A) If all questions are answered "True or yes" on the 1099-S Certification, return the completed and signed form to your escrow officer. DO NOT complete the 1099-S Input Form. No additional steps are required. 61 If you answered "False or No" to any question on the 1099-S Certification, continue to step 3. Step 3 Each Seller who does not answer "True/Yes" to all questions on the 1099-S Certification form must complete and sign the attached 1099-S Input Form. Return the completed 1099-S Input Form to your escrow officer. Husband and wife filing joint returns need only complete one 1099 Input Form land one percentage allocation of 100%). TRUSTS: Trusts are not automatically exempt from receiving 1099s. If the Trust has not been issued it's own Tax I.D. number than each trustee must complete the form with the social security number to be used and the name, as it appears on tax return, with the percentage allocation for each trustee. If the Trust has it's own TIN then enter the Trust Tax I.D. number and the legal name as it appears on the tax return. ESTATES: If using the decedent's social security to file tax return then use the decedents name. If the Estate has been issued it's own TIN then use Estate of John Smith and the TIN assigned to that Estate name. CONSERVATORSHIPS: If a minor use the Name and social security number assigned to that minor. If an Elder use the Elder's name and social security number that the tax return will be filed under. PARTNERSHIPS /LLC (Limited Liability Company): Are not automatically exempt. The name and tax I.D. number for the partnership, one 1099 will be issued to one partner. (If volume transfer please provide documentation.) Corporations, Non-profits, and government entities are exempt from 1099. 1031 Exchanges are exempt. The IRS wants the social security number that was assigned to the name (as it appears on IRs records) that will be filing tax return reporting the sale of this property in this escrow transaction. fin some cases this may not be the same name as the Seller(s)on the Grant Deed. (i.e. Decedents cannot convey property, Trusts cannot convey property.)) ALL SELLERS - COMPLETE THE 1099-S CERTIFICATION COMPLETE THE 1099-S INPUT FORM - ONLY IF APPLICABLE *99-S CERTIFICATIC& FOR NO 1099-S REPORTING ON THE SALE OF A PRINCIPAL RESIDENCE This form may be completed by each seller of a principal residence to determine if no Form 1099-S information reporting is required to be made to the Internal Revenue Service. In order to qualify for this exemption each seller, including husband and wife sellers, must sign a separate form answering "TRUE" to all the required questions. If all questions are not answered "TRUE" on this farm, this form is not needed and the seller(s) must fill out a 1099-S Input Form. Date Closed/Recorded: Escrow Number: SJ-11034-CM SELLER ASSURANCES: Check "TRUE" or "FALSE" for each of the following assurances set forth below: During the 5-year period ending on the closing date of this escrow, I owned and used this property as my principal residence for at least 2 years. TRUE ❑ FALSE ❑ 1 have not sold or exchanged another principal residence during the 2-year period ending on the closing date of this escrow(not taking into account any sale or exchange prior to May 7, 1997) TRUE ❑ FALSE ❑ No portion of the above property has been used for business or rental purposes by me (or my spouse, if married) since May 6, 1997 TRUE ❑ FALSE ❑ Does at least one of the following three statements apply? 1. The sale or exchange of the property includes the entire residence, and the sale price or valuation is $250,000 or less. OR 2. 1 am married and the sale or exchange of the property includes the entire residence, and the sales price or valuation is $500,000 or less, and (A) I intend to file a separate tax return for the year of the sale of exchange, (B) The gain on the sale or exchange of the entire residence is $250,000 or less. OR 3. 1 am married and the sale or exchange of the property includes the entire residence, and the sales price or valuation is $500,000 or less, and (A) I intend to file a joint tax return for the year of the sale or exchange, (B) my spouse also used the residence as his/her principal residence for at least 2 years during the 5 year period ending on the closing date of this escrow, and (C) my spouse also has not sold or exchanged another principal residence during the 2 year period ending on the closing date of this escrow (not taking into account any sale or exchange prior to May 7, 1997) At least one of the above TRUE ❑ All of the above FALSE ❑ "UNDER PENALTY OF PERJURY, I CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AS OF THE END OF THE CLOSING DATE OF THE SALE OR EXCHANGE" Total Sales Price $ SELLER SIGNATURE: PRINT NAME HERE: PROPERTY ADDRESS: AP#675-331-19 and AP#675-331-20, Vacant Land San Juan Capistrano, CA 92675 NOTE TO SELLER: IF YOU ANSWERED "TRUE" TO EACH OF THE ABOVE QUESTIONS YOU DO NOT HAVE TO COMPLETE THE 1099-S INPUT FORM Npte to SELLER: This form does NOT need to be completed if all questions on the 1099-s CERTIFICATION FORM are answered "True". BURROW ESCROW SERVICES 1099-S INPUT FORM ESCROW NO. SJ-11034-CM Date Escrow Closed In order to comply with IRS regulations requiring reporting of sale or exchange of Real Property; please complete the information below. All sellers who do not qualify for exemption must complete, sign, and return this form to Burrow Escrow Services prior to the closing of this escrow. SELLER INFORMATION (Name must correspond with TAX I.D. Number as assigned by IRS) • LIST THE FULL NAMES OF ALL SELLERS as the name appears on tax return • LIST corresponding TAXPAYER IDENTIFICATION NUMBERS as they appear on tax return If a percentage is not given 100% of the sale price will be reported for each seller" If the percentages do not add up to 100% the total sales price will be reported for each seller NAME(S) AS SHOWN ON TAX RETURN TAXPAYER ID/SOC. NUMBER(S) % Reported on 1099 1) % 21 % 3) % 4) % —(CHECK HERE) If a husband and wife are to be reported under their separate percentages as designated above. Otherwise a husband will be reported jointly with their combined total percentage ownership TOTAL SALES PRICE: $ (Sales price = Gross Proceeds = Total consideration) (To be reported on all Form 1099-S for all sellers unless a percentage is provided) THE ADDRESS (OR LEGAL DESCRIPTION) OF THE PROPERTY BEING SOLD OR EXCHANGED: AP#675-331-19 and AP#675-331-20, Vacant Land San Juan Capistrano, CA 92675 SELLER SIGNATURES REQUIRED Please provide FORWARDING ADDRESS 1) 1) 2) 2) 3) 3) 4) 4) B&ow Escrow Servic( 32261 Camino Capistrano Suite D-101 San Juan Capistrano, CA 92675 (949) 240-0601 FAX: (949) 240-0710 ESTIMATED SELLER NET PROCEEDS PROPERTY: AP#675-331-19 and AP#675-331-20 , DATE: January 22 , 2001 Vacant Land CLOSING DATE: San Juan Capistrano, CA 92675 January 29, 2001 ESCROW NO. : SJ-11034-CM SELLER: Capistrano Valley Water District DEBITS CREDITS CONSIDERATION Total Consideration $ $ 34, 000 . 00 TITLE TO LAWYERS TITLE COMPANY Owner' s Title Insurance 395 . 00 ESCROW TO BURROW ESCROW SERVICES Escrow Fee 300 . 00 Drawing Grant Deed 50 . 00 TAX CHARGES TO LAWYERS TITLE COMPANY Documentary Transfer Tax 37 . 40 OTHER DISBURSEMENTS LGS Disclosure Reports for Zone 49 . 95 Disclosure Report Estimate for Messenger Fees 20 . 00 HOLD FOR FINAL FIGURES for 300 . 00 Refundable Pad NET PROCEEDS 32, 847 .65 TOTALS 34, 000 . 00 34, 000 . 00 THIS IS AN ESTIMATE ONLY AND FIGURES ARE SUBJECT TO CHANGE. YOUR COPY Burrow Escrow Services ESCROW TRUST RECEIPT NO. 00003790 32261 Camino Capistrano Suite D-101 San Juan Capistrano, CA 92675 ESCROW NO. DATE (949) 240-0601 SJ-11034-CM 01/16/01 RECEIVED Neely OF AMOUNT $*****5,000.00 FIVE THOUSAND AND 00/100---------------------------------------------- ----- DOLLARS CASH CASHIER'S CHECK CHECK OTHER RECEIVED 7168499 a6^# 11-49-7 FROM BUYER CHECKI ACCOU T N0. By Sue Davis File Copy q TR CuY CF.>� TNS te(/ CSF 1 OF/S S "kitOq V/S CASHIER'S CHECK------------------------------------------------------------------------------------------ 1 04 04 5 SAN JUAN CAPISTRANO716049T j (OFFICE OF ISSUE) 1 1 5 29149 j REMITTER: DATE: JERRY W NEELY JANUARY 16 , 2001 ! i PAY TO THE ORDER OF ** * *BURROW ESCROW* * * * * * * * * * * * * * * * * * * * * * * * * * * * * $ ** * * * *5 , 000 . 00** I I j $ $ S O O O D L S AN D O O C -F S 91 UNION j QI BANK OF /IA 7' nAG �L ^I CALIFORNIA J�r/l ��/l �" of �i UNION SANK OF CALIFORNIA,N.A. .(AUTHORIZED SIGNATURE) SAN FRANCISCO,CALIFORNIA 1 0 -------.-------------- V ? L684991� CL2L000497l:0S6S00000711' " F D { r f I I • 1 ! •r \r T,�Y�• y , \S. A TR,JF Y CERTIFY T ORIGINAL. EXArrCOOyIOFTHE. S. DA VIS . LAWYERS TITLE COMPANY 18551 Von Karmen Avenue, Suite 100 Irvine, CA 92612 PRELIMINARY REPORT UPDATED Burrow Escrow 32261 Camino Capistrano. #D101 � � San Juan Capistrano, CA 92675 Attention: Sue Telephone: 949-240-0601 Fax: Your No. : SJ11034-KP Our No. : 0000042-12 Title Officer: John Marten Direct Line: (949) 223-5520 _ Fax Line: (949) 261-6927 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the conditions of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT, . (AND ANY.SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CLTA Preliminary Report (Rev. 1-1-95) ORDER NO. : 0000042-12 SCHEDULE A Date of Report: 12/12/00 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: Capistrano Valley Water District 3 . The land referred to in this report is situated in the State of California, County of Orange and is described on the attached Exhibit A. ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 29B of Official Records in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 70 41' 20" East 9. 92 feet; thence South 74° 14' 40" East 78.48 feet; thence North 15° 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 15° 45' 20" East 94 .65 feet; thence North 74° 14' 40" West 39.65 feet; thence South 150 45' 20" West 94 .65 feet; thence South 74° 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 south, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 0£ Official Records in the office of the County Recorder of said orange County; thence South 490 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 70 41' 20" East 9. 92 feet; thence South 74° 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 74° 14' 40" East 98.37 feet; thence North 150 45' 20" East 154 .65 feet; thence North 74° 14' 40" West 99.65 feet; thence South 150 45' 20" West 145.62 feet; thence South 70 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9. 92 feet; thence South 74° 14' 40" East 78.48 feet; thence North 15° 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 15° 45' 20" East 94.65 feet; thence North 74° 14' 40" West 39.65 feet; thence South 150 45' 20" West 94 .65 feet and thence South 74° 14' 40" East to the point of beginning. ORDER NO. : 0000042-12 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: lay and maintain water pipes and take water through said land Recorded: October 6, 1930 Book 428, Page 75 of Official Records Affects: portion of Parcel A Reference is made to said document for full particulars. 2 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Consolidated Gas & Electric Company Purpose: pole lines Recorded: January 21, 1941 Book 1072, Page 563 of Official Records Affects: said deed provides that the route of said line of poles shall be erected as follows: Beginning at Station 441+55.38 on the center line of the State Highway as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of Orange County, California; thence South 58° 00' East 1081.6 feet; thence North 79° 52' East 668.7 feet; thence North 75° 44' East 342.6 feet. Reference is made to said document for full particulars. 3 . An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: underground pipe lines Recorded: Book 2110, Page 407 of Official Records Affects: portion of said land Reference is made to said document for full particulars. 4. Matters contained in Record of Survey, as per map filed in Book 4, Page 15 and Book 21, Page 41 of Record of Survey, in the office of the County Recorder of said County. Reference is made to said map for full particulars. S. Covenants, conditions and restrictions as set forth in the document. Recorded: Book 4984, Page 448 of Official Records ORDER NO. : 0000042-12 SCHEDULE B (continued) NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said matter affects: Parcel B 6 . The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: San Juan Capistrano Central Redevelopment Project Area Recorded: May 22, 1984 Instrument No. 84-212085 of Official Records 7 . Lack of a right of access to and from the land. Attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. Please inform us if access has been, or is to be, established by means of an appurtenant easement. This will require additional time and expense to search and report upon before title insurance can be approved. S. The fact that said land is shown as "Reservoir Site, Not a Part" per map filed in Book 54, Page 1 of Parcel Maps, in the office of the County Recorder of said county. The boundaries of said land shown thereon are in error. END OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. ORDER NO. : 0000042-12 NOTES AND REQUIREMENTS NOTE NO. 1: SPECIAL NOTICE California Insurance Code Section 12413.1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulates the disbursement of escrow funds by Title Companies. Funds received by Lawyers Title Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1 . We have received confirmation of the respective incoming wire. 2 . Collection of a deposited check. Wires directed to this office of Lawyers Title Company must be directed to: UNION BANK 1980 SATURN STREET MONTEREY PARK, CA 91754 ACCOUNT #: 9120014096 ABA# : 122000496 FOR: (list our Order Number) NOTE NO. 2 : This Company will require the following to insure a loan or a conveyance from, the entity named below: Capistrano Valley Water District (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. NOTE NO. 3 : The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. ORDER NO. : 0000042-12 NOTE SECTION (continued) NOTE NO. 4: There are no conveyances affecting said land, recorded within six (6) months of the date of this report. DISTRIBUTION: jm/rd Plats and CC&R's enclosed Typed: 02/23/00 Updated: 12/19/00 sm ?his plat is for your aid in locating your land with reference to streets and other parcels.While this plat is believed to be correct, the Company Assumes no liability for any loss occurring by reason of reliance thereon" lawyersTdeCmpany 675-33 'pr400PmVN01�i/BBRSBSOB'®"� 36 �� �M1Y• .io.YY YM' FY MV I • RK 91-14 _ PK 90-IP q 1 P.K 90-SO PAP.//4 PAR.Y OMIJO 5j PIRI IR 13 G e R = F c ~ R.S BS-tt ,rov R.S.4S-41 nYw RS 45.4P P.K964t @PK 90.30 F / ^ PAR./ /_/o, R PAR.P '✓; ION ACR7 � - _ r " s I.K.90-50a �r r PAR/ r W �Rsr PK.J4-/ 01 _ O P,K 90-IJ la C /YR.! B.B4 A0. s ..,.• .Y331 la PK. 4P9 i v,M ane• { LL) $43-42V s 'Kr' RS 4T-4P C H) Y PK 90-43 3 PAR.t 4s4'° P.M 98-P9 4 7I6 • e t +e PK 90-43 P/1 R- B OPAR./ PAR. A ,.433 Ac./f3 n= 17 3 2� t9 C y r RK 9B-P9 i Y PAR@/ 5 vK c 34 c c MARCR1983 PARCEL MAP PA(54-/,90-42,90-43,90-50,91-/4,99-29NOTE-ASSESSOR'S BLOCK 6 ASSESSOR'S MAP O c c RECORD SURREY R.S 43-42 PARCEL NUMBERS 80OKS75PAGE35 c SHOWN N ORCLFS COUNTY OF ORANGE C C F 2 C arrow Escrow Servigs 32261 Camino Capistrano Suite D-101 San Juan Capistrano, CA 92675 (949) 240-0601 FAX: (949) 240-0710 IIIIIIIIIAIIIIIIII'IIIIIIIIIIIIIIIII�IIIIIIIIIII ESCROW NO: SJ-11034-KP SJ-11034 Kimberly Parham, ESCROW OFFICER DATE: December 13, 2000 BURROW ESCROW SERVICES HOLDS THE DEPARTMENT OF CORPORATIONS, STATE OF CALIFORNIA, LICENSE NO. 863-1229. TO BURROW ESCROW SERVICES. We the undersigned, hand you a copy of the Purchase and Sale Agreement dated December 5, 2000. Buyer and Seller agree that the Purchase and Sale Agreement also constitutes joint escrow instructions to you as Escrow Holder. The Purchase and Sale Agreement contains agreements between the Buyer and Seller which do not require action on the part of the escrow holder. You are instructed as follows: CASH THROUGH ESCROW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,000.00 (of which the sum of $ 5,000.00 will be deposited by Buyer) Prior to close of escrow, Buyer will deposit an additional amount of $29,000.00% TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $34,000.00 Obtain for Buyer a Standard Land Title policy of title insurance, issued by Lawyef&iU leFgoppany, with the Title Company's exceptions, in the amount of the purchase price. OAR GI 4F Fay+ fj EXgr, k4/XT THIS IS ESCROW CLOSING DATE TO BE ON OR BEFORE January 29, 2001 j�? OpY OF THE The legal description of the property is: As per legal description attached and made a part hereof as Exhibit A. S. OAS PROPERTY ADDRESS: AP#675-331-19 and AP#675-331-20, San Juan Capistrano, CA 92675 (VACANT LAND) TITLE TO APPEAR VESTED IN: Jerry W. Neely and Nancy C. Neely, Trustees of The Neely Family Trust of March 3, 1978 ADDITIONAL INSTRUCTIONS: A. CLOSING FUNDS: Each party acknowledges that the close of escrow is conditioned on check clearances. Funds to close must be in the form of a Cashiers Check drawn on a bank with clearing house in the State of California OR be wire transferred to Burrow Escrow's Trust Account two (2) days prior to recording of documents. ALL FINAL FUNDS DEPOSITED IN ESCROW FOR CREDIT OF BUYER IN EXCESS OF $100,000.00 MUST BE WIRE TRANSFERRED. B. GOOD FUNDS LAW: Due to the Good Funds Law (AB512) there may be a delay between the time Buyers new loan is funded, close of escrow (recording), and/or disbursement of Seller's proceeds, dependent upon the manner or form in which the Buyers new loan proceeds are disbursed by lender. Buyers are aware that interest on new loan commences on the date the funds are disbursed by lender, and Sellers are aware that interest on existing loans of record will accrue until date payoff is received by lender, REGARDLESS OF DATE ESCROW CLOSES (RECORDING). C. RELEASE OF FUNDS: If applicable, release sufficient funds from monies on deposit to pay for credit report, appraisal, city reports, lender or association statements/documents which may be required to be paid in advance. These monies are not refundable regardless of the consummation of this escrow. D. NO TAX PRORATIONS: Buyer and Seller understands that escrow holder WILL NOT be prorating any property taxes as none are available on subject property at this time. E. PROPERTY TAX BILL: Buyer is aware that the property will be assessed by the Tax assessor as of the close of escrow. As Escrow Holder, you are hereby relieved of any and all responsibility and/or liability in connection with any future or revised tax bills in connection with any future or revised tax bills. F. INSURANCE OUTSIDE OF ESCROW: Buyer may obtain their own fire insurance coverage OUTSIDE OF ESCROW, and Escrow Holder is not to be concerned with same. Escrow Holder is relieved of any responsibility and/or liability concerning fire insurance coverage on the subject property. (CONTINUED ON PAGE 2) The principals to the transaction agree that if no additional instructions are received from one or both of the principals to the transaction within 120 days from the date escrow is to Close,the escrow holder shall consider the escrow cancelled and is authorized to take a cancellation fee not to exceed $500.00 and disburse any remaining deposit to the parties depositing same. Seller's Initials Buyer's Initials Date: December 13, 2000 • • Escrow No: SJ-11034-KP PAGE 2 of 4: Additional instructions made a part of previous pages as if fully incorporated therein. G. PRELIMINARY REPORT: Close of this escrow is subject to Buyer's approval of the Preliminary Report and CC&R's within 5 calendar days of receipt of same from escrow. Approval or disapproval must be in writing to Escrow Holder and seller pursuant to the method of contingency removal specified above. If Seller is unwilling or unable to eliminate any title matter, disapproved by Buyer or if Seller fails to deliver title as above, Buyer may terminate this agreement, in which case Buyer and Sellers agree to execute cancellation instructions wherein Buyers deposit shall be returned to Buyer. H. ZONE DISCLOSURE REPORT: Seller instructs escrow holder to order a zone disclosure report with LGS and instructs escrow holder to furnish said report to Buyer. Escrow holder is further instructed to debit the Seller's account with C the cost of same, once LGS has deposited bill into escrow. I. CHANGE OF OWNERSHIP: Buyer will complete a "Preliminary.Change of Ownership Report" which shall be presented to the County Recorder at the same time of recordation as the Deed for the subject property. Should Buyer decline to complete said "Preliminary Change of Ownership Report", or if rejected by the County Recorder, Buyer (or Seller if required by lender) will be assessed with an additional $20.00 surcharge by the County Recorder, which shall be charged to the Buyer's account (or to Seller's account if required by lender). In this event, a Standard Change in Ownership statement (Revenue and Taxation Code, Section 480) will be mailed to the Buyer by the Office of the County Assessor. Failure on the part of the Buyer to complete and return said Standard Change of Ownership mailed under authority of Section 480 within 45 days, will result in a penalty of 10% of the taxes due, after processing the reassessment caused by a change in ownership or $100.00, whichever js greater, but not to exceed the sum of $2,500.00. J. SATISFACTION OF CONTINGENCY: Buyer's deposit of balance of funds shall constitute their acknowledgement that all terms, conditions and contingencies have been met. K. CUSTODIAL FEE: You are authorized and instructed to deduct $25.00 per month as a custodial fee from any funds on deposit not disbursed within 3 months after close of escrow, or 3 months after the scheduled close of escrow. THE FOLLOWING ARE AGREEMENTS BETWEEN SELLER AND BUYER, ENTERED HEREIN FOR MEMORANDUM PURPOSES ONLY, WITH WHICH ESCROW HOLDER IS NOT TO BE CONCERNED: 1. PROPERTY SOLD "AS-IS": Notwithstanding repairs stated herein, this property is being sold in it's "AS IS" condition as per the provisions of the original Purchase and Sale Agreement. 2. CITY'S APPRAISAL REPORT: "The subject property is located within the northeasterly quadrant of Valle Road and Forster Ranch Road. It should be noted that access to the subject property is via an apparent implied easement over the surrounding privately-owned property. It is assumed, however, that access to the property is for the purpose of maintenance and repair of the existing water reservoir; it is further assumed that in the event the water reservoir is abandoned the subject property will be effectively 'landlocked'. Buyer agrees and understands that there is a potential legal limitation regarding access rights to the parcel as described above. Buyer willingly and knowingly agrees to take title subject to this access limitation." CAPISTRANO VALLEY WATER DISTRICT I HERESY CERTIFY THAT THIS IS BY: A TRUE AND EXACT COPY OF THE GEORGE SCARBOROUGH, EXEC. DIRECTOR ORIGINAL. NEELY FAMILY TRUST S. DAV!S BY: JERRY W. NEELY, TRUSTEE BY: NANCY C. NEELY (CONTINUED) Seller's Initials Buyer's Initials Date December 13, 2000 • • Escrow No: SJ-11034-KP PAGE 3 of 4: Additional instructions made a part of previous pages as if fully incorporated therein. GENERAL PROVISIONS "ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS" 1.The persons who are the parties to the transaction to which this escrow relates(the "Principals")each agree,understand and acknowledge that West Coast Escrow ("West Coast") is acting as an escrow holder in connection with this transaction and is not acting as a trustee or in any other fiduciary capacity. West Coasts duties shall be limited to safekeeping of such money and documents received by it as escrow holder,and for the disposition of such money and documents in accordance with the written instructions accepted by it in this escrow. All funds received in this escrow by West Coast shall be deposited to an account (the "Escrow Account") with a state or federal bank(the "Depository"). West Coast may also deposit escrow fund for other customers for unrelated transactions to the Escrow Account. UNLESS OTHERWISE AGREED IN WRITING,EACH OF THE PRINCIPALS AGREES,UNDERSTANDS AND ACKNOWLEDGES THAT: THE ESCROW ACCOUNT IS NON-INTEREST BEARING; NO FINANCIAL OR OTHER BENEFITS WILL BE EARNED BY OR PROVIDED TO ANY OF THE PRINCIPALS WITH RESPECTS L TO SUCH FUNDS; AND WEST COAST AND ITS AFFILIATES MAY INSTEAD RECEIVE DIRECT AND INDIRECT FINANCIAL AND OTHER BENEFITS FROM THE DEPOSITORY WITH RESPECT TO SUCH FUNDS. THESE BENEFITS SHALL BE TREATED AS ADDITIONAL COMPENSATION TO WEST COAST FOR ITS SERVICES AS AN ESCROW HOLDER IN THIS TRANSACTION. 2. You shall not be responsible or liable in any manner whatsoever for the sufficiency or correctness as to form, manner of execution or validity of any documents deposited in escrow, nor as to the identity, authority or rights of any person executing the same, either as to documents of record or those handled in this escrow. You shall not be required to take any action in connection with the collection, maturity or apparent outlaw of any obligations deposited in this escrow, unless otherwise instructed. You shall not be liable for any of your acts or omissions done in good faith, nor for any claims, demands, losses or damages made, claimed or suffered by any party to this escrow, excepting such as may arise through or be caused by your willful neglect or gross misconduct. 3. Escrow to close on or before the time set forth in these instructions. However,you may close escrow after that date unless Buyer or Seller has made written demand upon you for the return of monies or documents deposited by him, in which event you are instructed to prepare cancellation instructions. 4.All notices,demands and instructions must be in writing. In the event conflicting demands or notices are made or served upon you or any controversy arises between the parties hereto or with third person growing out of or relating to this escrow, you shall have the absolute right to withhold and stop all further proceedings in, and performances of, this escrow, until you receive written notification satisfactory to you of the settlement of the controversy by agreement of the parties thereto, or by final judgment of a court of competent jurisdiction. All of the parties to this escrow hereby jointly and severally promise and agree to pay promptly on demand, as well as to indemnify you and to hold you harmless from and against all litigation and interpleader costs, damages, judgments, attorney's fees, expenses, obligations and liabilities of every kind which, in good faith, you may incur or suffer in connection with or arising out of this escrow, whether said litigation, interpleader, obligations, liabilities or expenses arise during the performance of this escrow, or subsequent thereto, directly or indirectly. 5. These instructions may be executed in counterparts, each of which shall constitute an original regardless of the dates of its execution and delivery. All such counterparts together shall constitute one and the same document. 6. You are hereby authorized to deposit any funds or documents handed you under these escrow instructions,or cause the same to be deposited, with any duly authorized sub-escrow agent, subject to your order at or prior to close of escrow, in the event such deposit shall be necessary or convenient for the consummation of this escrow. 7.The parties to these escrow instructions authorize you to destroy these instructions and all other instructions and records in this escrow at any time after five (5) years from close of escrow. B. In the event of failure to pay fees or expenses due you hereunder,on demand, I agree to pay a reasonable fee for any attorney's services which may be required to collect such fees or expenses. 9. If Seller unilaterally assigns or orders the proceeds of this escrow to be paid to other than the original parties to this escrow,such assignment or order shall be subordinate to the expenses of this escrow,liens of record on the subject property, and payments directed to be made by Buyer and Seller together. If the result of such assignment or order would be to leave the escrow without sufficient funds to close, then you are directed to close nevertheless and to pay such assignments or orders only out of the net proceeds due Seller except for such assignments or orders, and to pay them in the order in which such assignments or orders are received by you. 10.You are not to be concerned with the giving of any disclosures except as expressly required by Federal or State law to be given by an escrow agent. Neither are you to be concerned with the effect of zoning ordinances, land division regulations, or building restrictions which may pertain to or affect the land or improvements that are the subject of this escrow. 11. Parties hereto understand Escrow Holder is not required to act on facsimile instructions or e-mail. 12. Order payoff statements) on existing liens and loans, if applicable,AND/OR order beneficiary statements) on loans) of record being taken over by the Buyer, comply with lenders' requirements, and freeze or close equity lines of credit. Charge Seller for any delinquent payments, if applicable. 13. Adjustments and/or prorations called for in this escrow shall be made in the following manner: Prorate taxes on real property only, based on the last tax bill in your possession or on latest available tax figures furnished by the title company. Prorate rent per rental statements. Make all adjustments and prorations on the basis of a 30-day month. 14. "Close of escrow" as used in this escrow means that date on which documents are recorded,unless otherwise specified. All documents and funds due the respective parties are to be mailed to the addresses set out,unless otherwise specified. Our signatures on any document and instructions pertaining to this escrow indicate our unconditional approval of same. You as escrow holder shall have no responsibility or liability for any act outside of escrow. 15. [/We agree to pay escrow fees and charges,including messenger fees and overnight delivery charges plus handling, if applicable. Escrow Holder to provide copies to Buyer and Seller and their agents of any notices received from the other party or their agents. Each party signing these instructions states they have read and approved instructions on all previous pages. I/We irrevocably assign the fees to escrow, whether by cancellations or closing. 16. As the undersigned Seller,the foregoing terms, provisions, conditions and instructions, are approved and accepted in their entirety and concurred in by me. I will hand you necessary documents called for on my part to cause title to be shown as above, which you are authorized to deliver when you hold or have caused to be applied funds set forth above within the time as above provided. Pay your escrow charges, my recording fees, charges for evidence of title as called for whether or not this escrow is consummated, except those the buyer agreed to pay. You are hereby authorized to pay bonds, assessments,taxes, and any liens of record, including prepayment penalties, if any,to show title as called for. Pay Documentary Transfer Tax on deed as required. 17.Your duty to act as escrow holder shall not commence until these instructions, signed by all parties are received by you. Until such time either party may unilaterally cancel and upon written request delivered to you, a party may withdraw funds and documents such party previously handed to you. 18. You are authorized to furnish copies of escrow instructions, supplements, amendments, or notices of cancellation, preliminary report and closing statements in this escrow to real estate broker(s)and lenderls)referred to in this escrow. You are not required to submit any title report issued in connection with this escrow to any party or agent unless directed to do so by mutual instructions. I HEREBY CERTiF l IIA I fh!5 IS A TRUE AND "r.%ACT COPY OF TH ORIGINAL J r S. DAVIS -- (CONTINUED) Seller's Initials Buyer's Initials Date: December 13, 2000 • • Escrow No: SJ-11034-KP PAGE 4 of 4: Additional instructions made a part of previous pages as if fully incorporated therein. SELLERS: BUYERS: Capistrano Valley Water District, a Municipal Jerry W. Neely and Nancy C. Neely, Trustees of Corporation the Neely Family Trust of March 3, 1978 BY: George Scarborough, Executive Jerry W. Neely, Trustee C Director Nancy C. Neely, Trustee I HEREBY CERTIFY THAT TF - A TRUE AND EXACT COPY ORIGINFve_) ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 74° 14' 40" East 78 .48 feet; thence North 15° 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 15° 45' 20" East 94.65 feet; thence North 74° 14' 40" West 39.65 feet; thence South 150 45' 20" West 94 .65 feet; thence South 74" 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 74° 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 740 14' 40" East 98 .37 feet; thence North 150 45' 20" East 154 .65 feet; thence North 74° 14' 40" West 99.65 feet; thence South 15° 45' 20" West 145 .62 feet; thence South 7° 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 74° 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 15° 45' 20" East 94.65 feet; thence North 74° 14' 40" West 39.65 feet; thence South 150 45' 20" West 94 .65 feet and thence South 74° 14' 40" East to the point of beginning. I HEREBY CERTIFY THAT THIS IS A TRU! F�.�:� i_Xni" r ,,. OF THE ORIGINAL, �/ S. DAVIS 1 `irst i .,MleICO:' Corr to ations on the e,rchas f,,y neW hWne. Es rir first r'esonsi ' ? h p s to prov`idd.,, trpricr . orsonaed ,`esero3c a Skttcceul read' este ° tray sa 4on and to..jaa k t t3z %ess as smocigh as passible:for,you. au tnay stave y�ee same ' est other r : ve 0 ik. s �3'sciotr Yg 'serice which enables the buyer and ; e31er to transact business with :each other Fought party, minimizing their risk. that is""close of escrow?" This term refers.to the recording of the Grant Beed and other applicable doti % ments with the County Recorder-. hen anyhow muchinane will be required? r Pon 4POOV k.of I ur new ari`ihe lender will d Ioaoomeno esetow. "At this tune the Escrow, Officer, dive you a fine estimat ,tt ' ' edir .clttrrd" schedl ')6 an`appoi rl, sit :"the • Notice Regardit' California Nonresident Withholding Requirements -Read carefully and sign acknowledging tax withholding requirements. We hope this information will be helpful during the course of your escrow. Please give us a call if you have any additional questions regarding the escrow process. If you have experienced superior service, please let us know so that we may applaud our employees. Or if at any point you are not fully satisfied with our service, please give us the opportunity to "make it right" by calling one of our Senior Management Team. In Los Angeles call ........................(888) 897-5671 In Orange County call....................(888) 897-4455 In San Diego County call ...............(888) 341-5206 Place Office Sticker Here. 4 w arrow Escrow Serviss 32261 Camino Capistrano Suite D-101 San Juan Capistrano, CA 92675 (949) 240-0601 FAX: (949) 240-0710 ESCROW NO: SJ-1 1034-KP SJ-11034 Kimberly Parham, ESCROW OFFICER DATE: December 13, 2000 BURROW ESCROW SERVICES HOLDS THE DEPARTMENT OF CORPORATIONS, STATE OF CALIFORNIA, LICENSE NO. i 863-1229. TO BURROW ESCROW SERVICES. We the undersigned, hand you a copy of the Purchase and Sale Agreement dated December 5, 2000. Buyer and Seller agree that the Purchase and Sale Agreement also constitutes joint escrow instructions to you as Escrow Holder. The Purchase and Sale Agreement contains agreements between the Buyer and Seller which do not require action on the part of the escrow holder. You are instructed as follows: CASH THROUGH ESCROW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,000.00 (of which the sum of $ 5,000.00 will be deposited by Buyer) Prior to close of escrow, Buyer will deposit an additional amount of $29,000.00% TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $34,000.00 Obtain for Buyer a Standard Land Title policy of title insurance, issued by Lawyers Title Company, with the Title Company's exceptions, in the amount of the purchase price. ESCROW CLOSING DATE TO BE ON OR BEFORE January 29, 2001 The legal description of the property is: As per legal description attached and made a part hereof as Exhibit A. PROPERTY ADDRESS: AP#675-331-19 and AP#675-331-20, San Juan Capistrano, CA 92675 (VACANT LAND) TITLE TO APPEAR VESTED IN: Jerry W. Neely and Nancy C. Neely, Trustees of The Neely Family Trust of March 3, 1978 ADDITIONAL INSTRUCTIONS: A. CLOSING FUNDS: Each party acknowledges that the close of escrow is conditioned on check clearances. Funds to close must be in the form of a Cashiers Check drawn on a bank with clearing house in the State of California OR be wire transferred to Burrow Escrow's Trust Account two (2) days prior to recording of documents. ALL FINAL FUNDS DEPOSITED IN ESCROW FOR CREDIT OF BUYER IN EXCESS OF $100,000.00 MUST BE WIRE TRANSFERRED. B. GOOD FUNDS LAW: Due to the Good Funds Law (AB512) there may be a delay between the time Buyers new loan is funded, close of escrow (recording), and/or disbursement of Seller's proceeds, dependent upon the manner or form in which the Buyers new loan proceeds are disbursed by lender. Buyers are aware that interest on new loan commences on the date the funds are disbursed by lender, and Sellers are aware that interest on existing loans of record will accrue until date payoff is received by lender, REGARDLESS OF DATE ESCROW CLOSES (RECORDING). C. RELEASE OF FUNDS: If applicable, release sufficient funds from monies on deposit to pay for credit report, appraisal, city reports, lender or association statements/documents which may be required to be paid in advance. These monies are not refundable regardless of the consummation of this escrow. D. NO TAX PROBATIONS: Buyer and Seller understands that escrow holder WILL NOT be prorating any property taxes as none are available on subject property at this time. E. PROPERTY TAX BILL: Buyer is aware that the property will be assessed by the Tax assessor as of the close of escrow. As Escrow Holder, you are hereby relieved of any and all responsibility and/or liability in connection with any future or revised tax bills in connection with any future or revised tax bills. F. INSURANCE OUTSIDE OF ESCROW: Buyer may obtain their own fire insurance coverage OUTSIDE OF ESCROW, and Escrow Holder is not to be concerned with same. Escrow Holder is relieved of any responsibility and/or liability concerning fire insurance coverage on the subject property. (CONTINUED ON PAGE 2) The principals to the transaction agree that if no additional instructions are received from one or both of the principals to the transaction within 120 days from the date escrow is to close,the escrow holder shall consider the escrow cancelled and is authorized to take a cancellation fee not to exceed $500.00 and disburse any remaining deposit to the parties depositing same. Seller's Initials YOUR COPYBuyer's Initials Dates~December 13, 2000 • • Escrow No: SJ-11034-KP PAGE 2 of 4: Additional instructions made a part of previous pages as if fully incorporated therein. G. PRELIMINARY REPORT: Close of this escrow is subject to Buyer's approval of the Preliminary Report and CC&R's within 5 calendar days of receipt of same from escrow. Approval or disapproval must be in writing to Escrow Holder and seller pursuant to the method of contingency removal specified above. If Seller is unwilling or unable to eliminate any title matter, disapproved by Buyer or if Seller fails to deliver title as above, Buyer may terminate this agreement, in which case Buyer and Sellers agree to execute cancellation instructions wherein Buyers deposit shall be returned to Buyer. H. ZONE DISCLOSURE REPORT: Seller instructs escrow holder to order a zone disclosure report with LGS and instructs escrow holder to furnish said report to Buyer. Escrow holder is further instructed to debit the Seller's account with the cost of same, once LGS has deposited bill into escrow. I. CHANGE OF OWNERSHIP: Buyer will complete a "Preliminary.Change of Ownership Report" which shall be presented to the County Recorder at the same time of recordation as the Deed for the subject property. Should Buyer decline to complete said "Preliminary Change of Ownership Report", or if rejected by the County Recorder, Buyer (or Seller if required by lender) will be assessed with an additional $20.00 surcharge by the County Recorder, which shall be charged to the Buyer's account (or to Seller's account if required by lender). In this event, a Standard Change in Ownership statement (Revenue and Taxation Code, Section 480) will be mailed to the Buyer by the Office of the County Assessor. Failure on the part of the Buyer to complete and return said Standard Change of Ownership mailed under authority of Section 480 within 45 days, will result in a penalty of 10% of the taxes due, after processing the reassessment caused by a change in ownership or $100.00, whichever is greater, but not to exceed the sum of $2,500.00. J. SATISFACTION OF CONTINGENCY: Buyer's deposit of balance of funds shall constitute their acknowledgement that all terms, conditions and contingencies have been met. K. CUSTODIAL FEE: You are authorized and instructed to deduct $25.00 per month as a custodial fee from any funds on deposit not disbursed within 3 months after close of escrow, or 3 months after the scheduled close of escrow. THE FOLLOWING ARE AGREEMENTS BETWEEN SELLER AND BUYER, ENTERED HEREIN FOR MEMORANDUM PURPOSES ONLY, WITH WHICH ESCROW HOLDER IS NOT TO BE CONCERNED: 1. PROPERTY SOLD "AS-IS": Notwithstanding repairs stated herein, this property is being sold in it's "AS IS" condition as per the provisions of the original Purchase and Sale Agreement. 2. CITY'S APPRAISAL REPORT: "The subject property is located within the northeasterly quadrant of Valle Road and Forster Ranch Road. It should be noted that access to the subject property is via an apparent implied easement over the surrounding privately-owned property. It is assumed, however, that access to the property is for the purpose of maintenance and repair of the existing water reservoir; it is further assumed that in the event the water reservoir is abandoned the subject property will be effectively 'landlocked'. Buyer agrees and understands that there is a potential legal limitation regarding access rights to the parcel as described above. Buyer willingly and knowingly agrees to take title subject to this access limitation." CAPISTRANO VALLEY WATER DISTRICT BY: GEORGE SCARBOROUGH, EXEC. DIRECTOR NEELY FAMILY TRUST BY: JERRY W. NEELY, TRUSTEE BY: NANCY C. NEELY (CONTINUED) Seller's Initials Buyer's Initials Date: December 13, 2000 • Escrow No: SJ-11034-KP PAGE 3 of 4: Additional instructions made a part of previous pages as if fully incorporated therein. GENERAL PROVISIONS "ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS" 1.The persons who are the parties to the transaction to which this escrow relates(the "Principals")each agree,understand and acknowledge that West Coast Escrow ("West Coast") is acting as an escrow holder in connection with this transaction and is not acting as a trustee or in any other fiduciary capacity. West Coasts duties shall be limited to safekeeping of such money and documents received by it as escrow holder, and for the disposition of such money and documents in accordance with the written instructions accepted by it in this escrow. All funds received in this escrow by West Coast shall be deposited to an account (the "Escrow Account") with a state or federal bank(the "Depository"). West Coast may also deposit escrow fund for other customers for unrelated transactions to the Escrow Account. UNLESS OTHERWISE AGREED IN WRITING,EACH OF THE PRINCIPALS AGREES,UNDERSTANDS AND ACKNOWLEDGES THAT: THE ESCROW ACCOUNT IS NON-INTEREST BEARING; NO FINANCIAL OR OTHER BENEFITS WILL BE EARNED BY OR PROVIDED TO ANY OF THE PRINCIPALS WITH RESPECTS C TO SUCH FUNDS; AND WEST COAST AND ITS AFFILIATES MAY INSTEAD RECEIVE DIRECT AND INDIRECT FINANCIAL AND OTHER BENEFITS FROM THE DEPOSITORY WITH RESPECT TO SUCH FUNDS. THESE BENEFITS SHALL BE TREATED AS ADDITIONAL COMPENSATION TO WEST COAST FOR ITS SERVICES AS AN ESCROW HOLDER IN THIS TRANSACTION. 2.You shall not be responsible or liable in any manner whatsoever for the sufficiency or correctness as to form, manner of execution or validity of any documents deposited in escrow, nor as to the identity, authority or rights of any person executing the same, either as to documents of record or those handled in this escrow. You shall not be required to take any action in connection with the collection, maturity or apparent outlaw of any obligations deposited in this escrow, unless otherwise instructed. You shall not be liable for any of your acts or omissions done in good faith, nor for any claims, demands, losses or damages made, claimed or suffered by any party to this escrow, excepting such as may arise through or be caused by your willful neglect or gross misconduct. 3.Escrow to close on or before the time set forth in these instructions. However,you may close escrow after that date unless Buyer or Seller has made written demand upon you for the return of monies or documents deposited by him,in which event you are instructed to prepare cancellation instructions. 4.All notices,demands and instructions must be in writing. In the event conflicting demands or notices are made or served upon you or any controversy arises between the parties hereto or with third person growing out of or relating to this escrow, you shall have the absolute right to withhold and stop all further proceedings in, and performances of,this escrow, until you receive written notification satisfactory to you of the settlement of the controversy by agreement of the parties thereto, or by final judgment of a court of competent jurisdiction. All of the parties to this escrow hereby jointly and severally promise and agree to pay promptly on demand, as well as to indemnify you and to hold you harmless from and against all litigation and interpleader costs, damages, judgments, attorney's fees, expenses, obligations and liabilities of every kind which, in good faith,you may incur or suffer in connection with or arising out of this escrow, whether said litigation, interpleader, obligations, liabilities or expenses.arise during the performance of this escrow, or subsequent thereto, directly or indirectly. 5. These instructions may be executed in counterparts, each of which shall constitute an original regardless of the dates of its execution and delivery. All such counterparts together shall constitute one and the same document. 6.You are hereby authorized to deposit any funds or documents handed you under these escrow instructions, or cause the same to be deposited, with any duly authorized sub-escrow agent, subject to your order at or prior to close of escrow, in the event such deposit shall be necessary or convenient for the consummation of this escrow. 7.The parties to these escrow instructions authorize you to destroy these instructions and all other instructions and records in this escrow at any time after five (5) years from close of escrow. 8. In the event of failure to pay fees or expenses due you hereunder, on demand, I agree to pay a reasonable fee for any attorney's services which may be required to collect such fees or expenses. 9. If Seller unilaterally assigns or orders the proceeds of this escrow to be paid to other than the original parties to this escrow, such assignment or order shall be subordinate to the expenses of this escrow,liens of record on the subject property, and payments directed to be made by Buyer and Seller together. If the result of such assignment or order would be to leave the escrow without sufficient funds to close, then you are directed to close nevertheless and to pay such assignments or orders only out of the net proceeds due Seller except for such assignments or orders, and to pay them in the order in which such assignments or orders are received by you. 10.You are not to be concerned with the giving of any disclosures except as expressly required by Federal or State law to be given by an escrow agent. Neither are you to be concerned with the effect of zoning ordinances, land division regulations, or building restrictions which may pertain to or affect the land or improvements that are the subject of this escrow. 1l. Parties hereto understand Escrow Holder is not required to act on facsimile instructions or e-mail. 12.Order payoff statement(s)on existing liens and loans, if applicable, AND/OR order beneficiary statement(s) on loan(s) of record being taken over by the Buyer, comply with lenders' requirements, and freeze or close equity lines of credit. Charge Seller for any delinquent payments, if applicable, 13. Adjustments and/or proration called for in this escrow shall be made in the following manner: Prorate taxes on real property only, based on the last tax bill in your possession or on latest available tax figures furnished by the title company. Prorate rent per rental statements. Make all adjustments and prorations on the basis of a 30-day month. 14. "Close of escrow" as used in this escrow means that date on which documents are recorded, unless otherwise specified. All documents and funds due the respective parties are to be mailed to the addresses set out,unless otherwise specified. Our signatures on any document and instructions pertaining to this escrow indicate our unconditional approval of same. You as escrow holder shall have no responsibility or liability for any act outside of escrow. 16. I/We agree to pay escrow fees and charges, including messenger fees and overnight delivery charges plus handling, if applicable. Escrow Holder to provide copies to Buyer and Seller and their agents of any notices received from the other party or their agents. Each party signing these instructions states they have read and approved instructions on all previous pages. I/We irrevocably assign the fees to escrow, whether by cancellations or closing, 16. As the undersigned Seller,the foregoing terms, provisions, conditions and instructions, are approved and accepted in their entirety and concurred in by me. I will hand you necessary documents called for on my part to cause title to be shown as above, which you are authorized to deliver when you hold or have caused to be applied funds set forth above within the time as above provided. Pay your escrow charges, my recording fees, charges for evidence of title as called for whether or not this escrow is consummated, except those the buyer agreed to pay.You are hereby authorized to pay bonds, assessments,taxes, and any liens of record, including prepayment penalties, if any, to show title as called for. Pay Documentary Transfer Tax on deed as required. 17, Your duty to act as escrow holder shall not commence until these instructions, signed by all parties are received by you. Until such time either party may unilaterally cancel and upon written request delivered to you, a party may withdraw funds and documents such party previously handed to you. 18, You are authorized to furnish copies of escrow instructions, supplements, amendments, or notices of cancellation, preliminary report and closing statements in this escrow to real estate broker(s)and lender(s)referred to in this escrow. You are not required to submit any title report issued in connection with this escrow to any party or agent unless directed to do so by mutual instructions. (CONTINUED) Seller's Initials Buyer's Initials Date: December 13, 2000 • • Escrow No: SJ-11034-KP PAGE 4 of 4: Additional instructions made a part of previous pages as if fully incorporated therein. SELLERS: BUYERS: Capistrano Valley Water District, a Municipal Jerry W. Neely and Nancy C. Neely, Trustees of Corporation the Neely Family Trust of March 3, 1978 BY: George Scarborough, Executive Jerry W. Neely, Trustee C Director Nancy C. Neely, Trustee ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows : Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9. 92 feet; thence South 74° 14' 40" East 78.48 feet; thence North 15° 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 15° 45' 20" East 94 .65 feet; thence North 740 14' 40" West 39.65 feet; thence South 15° 45' 20" West 94.65 feet; thence South 74. 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 6 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 740 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 74° 14' 40" East 98 .37 feet; thence North 15° 45' 20" East 154 .65 feet; thence North 740 14' 40" West 99.65 feet; thence South 15° 45' 20" West 145.62 feet; thence South 7- 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 74° 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 15° 45' 20" East 94.65 feet; thence North 74° 14' 40" West 39.65 feet; thence South 15° 45' 20" West 94 .65 feet and thence South 74° 14' 40" East to the point of beginning. 0 0 i r VOA f Ut_ OZ� - lw(l wd 1 Memorandum: To: Cindy Russell Prom: John Shaw Re: Neely Purchase Agreement Date: 3/8/2000 Per your request, please find attached a first draft of the subject agreement. Please note the following points: bio 1. We need to select an escrow company. See section 2. � 2. The appraisal report notes there is a legal problem with regard to access to the site. See Section 6(B) as to how I deal with this. Please advise as to whether this is a non-issue with the Buyer in that they may have other access plans for the property. 3. Easements which are disclosed in the Title Report should be plotted to determine their location and a decision made as to whether they need to be reserved or eliminated. Please let me have your thoughts. cc: City Manager Memorandum May 3, 2000 TO: Bill Huber, Engineering and Building Director Amy Amirani, Public Works Director FROM: Cindy Russell, Administrative Services Director SUBJECT: McCracken Hill Reservoir Property The City Attorney has requested that the attached constraints map and title report be reviewed and a decision made as to what easements need to be reserved or eliminated. Additionally, please provide any additional easements that may not be existing. I would like to receive this information no later than Monday May 15, 2000. Please let me know if you have any questions. CP C:WyFiles\PRO PERTY\mccrackenwnstreints.wpd Cindy Russell From: Eric Bauman Sent: Tuesday, May 09, 2000 4:46 PM To: Amy Amirani Cc: Cindy Russell Subject: sale of McCracken Reservoir property Amy: I reviewed the constraints map regarding the McCracken Reservoir property and the easements in which water distribution pipelines exist. The water system no longer needs the reservoir site itself, described as parcels A & B in the constraints map. It should be noted that this is contingent on the inlet J outlet line to the reservoir being properly removed and capped outside the property in question. I am at current unable to verify the status of this issue. The water system has, and needs to maintain lines in the easement for Forster Ranch road; described as easements 3A and 3D on the constraints map. The water system has an 8" line in this easement and cannot function adequately with out it. I would like to note that Pacific Pointe Developers had borne the cost of removing the reservoir. This would change the valuation of the land from $34,000 to $56,000. Ralph Laurain & Associates estimate of the cost of removing the reservoir at $21,000, and the cost of filling the hole at $12,000. As of 05.09.00 the reservoir has been removed, but the hole it left remains to be filled. Eric P. Bauman P 949.487.4312 i PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement is entered into this 501 day of December, '2000 (the "Agreement"), by and between the Capistrano Valley Water District (hereinafter "Seller"), and the Neely Family Trust (hereinafter"Buyer"). WHEREAS, Seller is the owner of certain real property (Assessor's Parcel # 675- 331-19 & 20) which is a surplus and unused water reservoir site consisting of approximately 14,875 square feet and is generally located in the northeasterly quadrant of Valle Road and Forster Ranch Road, approximately 500 feet easterly of a portion of privately owned Valle Road in the City of San Juan Capistrano; and WHEREAS, Buyer desires to purchase said real property under the below-stated terms and conditions; NOW, THEREFORE, BE IT RESOLVED between Seller and Buyer as follows: Section 1. Sale of Property/Purchase Price. Seller agrees to sell and Buyer agrees to purchase that certain real property more particularly described as Assessor's Parcel Numbers 675-331-19 and 675-331-20 located in the City of San Juan Capistrano for the purchase price of Thirty-Four Thousand Dollars ($34,000.00). Buyer shall pay the purchase price of Thirty-Four Thousand Dollars ($34,000.00) payable as follows: (a) Buyer shall pay Five Thousand Dollars ($5,000.00) by cashier's check on execution of this Agreement, payable to the Escrow Holder as a deposit to be applied to the price at close of escrow. Escrow Holder shall place the deposit in an interest-bearing account for the benefit of Seller. y�eR P11- (b) eftr shawl p y the balance of the purchase price by cashier's check at the time that escrow documents are finalized with the Escrow Holder which shall occur not later than three (3) business days before the close of escrow. The purchase price shall be paid to Seller at close of escrow. Neely Agmt.wpd 09/28/00 10f 5 Section 2. Escrow Established. This sale shall be consummated through an escrow established with Burrow Escrow, 32261 Camino Capistrano, Suite D-101, San Juan Capistrano, California.' The closing date for the escrow will be January 19, 2000. Escrow shall be considered opened when both parties deposit fully-executed escrow instructions with escrow holder and"close of escrow" shall be when the grant deed to the property is recorded. Within ten (10) days after execution of this Agreement, each party agrees that this Agreement shall constitute the escrow instructions and Seller shall provide the designated escrow holder with a fully-executed original of the Agreement. The Close of Escrow date may be mutually decided by written agreement between the parties. Section 3. Conveyance of Title. Seller shall, by grant deed, convey to Buyer a fee simple interest free and clear of all title defects, liens, encumbrances, deeds of trust and mortgages, excepting those encumbrances identified in the preliminary title report and attached as Exhibit "A" to this Agreement. Seller shall procure a standard land title association policy of title insurance in the I dbV�EY S amount of the purchase price to be paid by Seller and to be issued by T,fl showing title as it is to be vested in the name of the Buyer, subject to the exceptions noted b(nPt ak above. an4..Oled �,,�/✓ prired Section 4. Proration of Taxes. Insurance. and Interest. Real property taxes, interest on assessments assumed by Buyer, rents, insurance premiums on any insurance, to the extent that there are any of the aforementioned, shall be prorated as of the closing date on the basis of a thirty (30) day month. Section 5. Closing Costs. Seller shall be responsible only for paying all costs and expenses of clearing title, preparing, executing, acknowledging, and delivering the grant deed. Neely Agmt.wpd 09/28/00 2of 5 • • 7 All other costs, including recording and other escrow costs, shall be borne by the Buyer. Section 6. Condition of Property. (a) The subject real property includes water reservoir improvements,all of which are deemed surplus property by Seller. Buyer warrants that Buyer has inspected all of the property. Seller hereby represents and warrants to Buyer that,to the best of Seller's actual knowledge, and without any independent investigation having been made by Seller, no hazardous materials are located on or under the property; there has been no release, storage, treatment, generation, or disposal of any hazardous materials on, under, or from the property; and that no hazardous materials have been transported from the property. For the purposes of this Agreement, the "hazardous material"shall be defined as broadly as possible and shall include any"hazardous material" or"substance" as such terms may be defined under any Federal, State or local law or regulation. Buyer agrees that, as of the close of escrow, it will be acquiring the property in "as- is" condition with all faults and conditions then existing on the property, including any hazardous material that may be located on, under, or around the property. (b) Buyer further acknowledges that it has reviewed the City's appraisal report for the property. The R. P. Laurain &Associates' report dated June 8, 1999 states in part: "The subject property is located within the northeasterly quadrant of Valle Road and Forster Ranch Road. It should be noted that access to the subject property is via an apparent implied easement overthe surrounding privately- owned property. It is assumed, however, that access to the property is for the purpose of maintenance and repair of the existing water reservoir; it is further assumed that in the event the water reservoir is abandoned the subject property will be effectively 'landlocked'. Buyer agrees and understands that there is a potential legal limitation regarding access rights to the parcel as described above. Buyer willingly and knowingly agrees to take title subject to this access limitation." Section 7. Disputes. (a) Mediation. Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to Neely Agmt.wpd 09/28/00 3of 5 arbitration or court action. Mediation fees, if any, shall be borne equally among the parties. (b) Arbitration. Buyer and Seller agree that any dispute or claim in law or equity arising between them out of this Agreement, or any resulting transaction which is not settled through mediation, shall be decided by neutral, binding arbitration. The parties shall mutually agree upon the methodology for selection of an arbitrator. (c) Attorneys' Fees. In the event of a dispute, neither party shall be entitled to attorneys' fees in the event that an enforcement action or mediation is brought pursuant to the terms of this Agreement. Section 8. Notices. All notices and demands shall be given in writing by personal service or first class mail, postage prepaid in the U.S. mail. Notices shall be addressed as shown below for each party, except that, if any party gives notice of a change of address, notices to that party shall thereafter be given as shown in that notice. To Seller: Capistrano Valley Water District c/o George Scarborough, Executive Director 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Buyer: Neely Family Trust c/o Mr. Jerry Neely P.O. Box 507 San Juan Capistrano, CA 92693 Section 9. Planning and Zoning for Property. This Agreement in no manner is intended to conveyor imply that Buyer may use the subject property for any intended purpose Buyer may so desire. Buyer agrees and acknowledges that Buyer must secure applicable planning and zoning entitlements from the City of San Juan Capistrano prior to constructing any structural improvements to the property. Neely Agmt.wpd 09/28/00 4of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. Seller: Capistrano Valley Water District B ? D id Swe in, airman Buyer: Neely Family Trust By. W _ ATTEST: By: �Jo71 Cheryl Johnso , Cle c of the Board APPROVEP As TO FORM:M:: By: UA C�! W' 1 John R Shaw, District Counsel Neely Agmt.wpd 09/28/00 5of 5 Site Address: Phone: Mail Address: PO BOX 507*SAN 0 CAPISTRANO CA 9269310ransferAmount: $34,000F Owner: NEELY TRUST Transfer Date: 08/13/2001+ Parcel: 675-331-20 Page Grid: 38-B3/972-B4 USB: WHOLLY - VACANT Block Lot: 15/8 Legal Description: R S 004-15 PAR 8 POR OF P AR Doc Number: 556708 a/o Improvement: 08 Assessed Value: $890 Map Number: Last Trans W/O$: Land Value: $890 Flood Panel: Previous Date: W/O$ Doc Number: Census: 1st Trust Deed: Previous Amount: Tax Amount: Tax Rate Area: 023007 Additional: Tract: 00004 Tax Year: 2001-2002 Status Exempt: Cost per SgFt: Lender: Ownership: Garage: Year Built: Title: Pool: Bed-Bath: Units: View: Sq. Feet: Story: Lot Size: Rooms: copyright DetaQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Rest Estate Detail LAWYERS TITLE COMPANY A Subsidiary of Lawyers Title Insurance Corporation 18551 Von Karman Avenue, Suite 100, Irvine, CA 92612 Telephone (949) 223-5575 08/01/01 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attention: Your No. : Capo Valley Our No. : 0000042-12 Dear Sir/Madam: Enclosed please find our preliminary report issued per your request. Thank you for using Lawyers Title Company. Very truly yours, Lawyers Title Company Subsidiary of Lawyers Title Insurance Corporation nzt ,n fu 1 �Dv3L pn LAWYERS TITLE COMPANY 18551 Von Kerman Avenue, Suite 100 Irvine, CA 92612 PRELIMINARY REPORT UPDATED Burrow Escrow 32261 Camino Capistrano. #D101 San Juan Capistrano, CA 92675 Attention: Sue Telephone: 949-240-0601 Fax: Your No. : SJ11034-KP Our No. : 0000042-12 Title Officer: John Marten Direct Line: (949) 223-5520 Fax Line: (949) 261-6927 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the conditions of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CLTA Preliminary Report (Rev. 1-1-95) ORDER NO. : 0000042-12 SCHEDULE A Date of Report: 07/12/01 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: Capistrano Valley Water District 3. The land referred to in this report is situated in the State of California, County of Orange , and is described on the attached Exhibit A. ' ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said orange County; thence South 49° 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 74° 14' 40" East 78.48 feet; thence North 15° 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet; thence South 740 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 740 14' 40" East 98.37 feet; thence North 150 45' 20" East 154.65 feet; thence North 740 14' 40" West 99.65 feet; thence South 150 45' 20" West 145.62 feet; thence South 70 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet and thence South 740 14' 40" East to the point of beginning. ' ORDER NO. : 0000042-12 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2001-2002, which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: lay and maintain water pipes and take water through said land Recorded: October 6, 1930 Book 428, Page 75 of Official Records Affects: portion of Parcel A Reference is made to said document for full particulars. 2 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Consolidated Gas & Electric Company Purpose: pole lines Recorded: January 21, 1941 Book 1072, Page 563 of Official Records Affects: said deed provides that the route of said line of poles shall be erected as follows: Beginning at Station 441+55.38 on the center line of the State Highway as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of Orange County, California; thence South 58° 00' East 1081.6 feet; thence North 790 52' East 668.7 feet; thence North 75° 44' East 342 .6 feet. Reference is made to said document for full particulars. 3 . An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: underground pipe lines Recorded: Book 2110, Page 407 of Official Records Affects: portion of said land Reference is made to said document for full particulars. ORDER NO. : 0000042-12 SCHEDULE B (continued) 4. Matters contained in Record of Survey, as per map filed in Book 4, Page 15 and Book 21, Page 41 of Record of Survey, in the office of the County Recorder of said County. Reference is made to said map for full particulars. 5. Covenants, conditions and restrictions as set forth in the document. Recorded: Book 4984, Page 448 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said matter affects: Parcel B 6. The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: San Juan Capistrano Central Redevelopment Project Area Recorded: May 22, 1984 instrument No. 84-212085 of Official Records 7. Lack of a right of access to and from the land. Attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. Please inform us if access has been, or is to be, established by means of an appurtenant easement. This will require additional time and expense to search and report upon before title insurance can be approved. S. The fact that said land is shown as "Reservoir Site, Not a Part" per map filed in Book 54, Page 1 of Parcel Maps, in the office of the County Recorder of said county. The boundaries of said land shown thereon are in error. ' ORDER NO. : 0000042-12 SCHEDULE B (continued) END OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. ORDER NO. : 0000042-12 NOTES AND REQUIREMENTS NOTE NO. 1: SPECIAL NOTICE California Insurance Code Section 12413 .1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulates the disbursement of escrow funds by Title Companies. Funds received by Lawyers Title company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1. We have received confirmation of the respective incoming wire. 2 . Collection of a deposited check. Wires directed to this office of Lawyers Title Company must be directed to: UNION BANK 1980 SATURN STREET MONTEREY PARK, CA 91754 ACCOUNT #: 9120014096 ABA#: 122000496 FOR: (list our Order Number) NOTE NO. 2 : This Company will require the following to insure a loan or a conveyance from, the entity named below: Capistrano Valley Water District (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. NOTE NO. 3 : The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. ORDER NO. : 0000042-12 NOTE SECTION (continued) NOTE NO. 4: There are no conveyances affecting said land, recorded within six (6) months of the date of this report. NOTE NO. 5: Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year shown below are paid. For proration purposes the amounts are: Fiscal year 2000 - 2001 1st Installment: $.00 2nd Installment: $.00 ACE Exemption: $4, 935.00 Code Area: 23-007 Assessment No. : 675-331-19 Affects: A portion of the land described herein and no other land. NOTE NO. 6: Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year shown below are paid. For proration purposes the amounts are: Fiscal year 2000 - 2001 lst Installment: $.00 2nd Installment: $.00 AOE Exemption: $873.00 Code Area: 23-007 Assessment No. : 675-331-20 Affects: A portion of the land described herein and no other land. ORDER NO. : 0000042-12 NOTE SECTION (continued) DISTRIBUTION: jm/rd Plats and CC&R's enclosed Typed: 02/23/00 Updated: 12/19/00 am Updated: 08/01/01 sm E,hbitATr w62M CALIFORNIA LAMITLE ASSOCIATION STANDARD COVERPOLICY- 1990 EXCLUSIONS FROM COVERAGE The'following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which orlse by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building or zoning laws,ordinances,a( regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(ii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof a a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to The extent that a noted of the exercise thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created,suffered,assumed or agreed to by the insured diaimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the Insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured Mort gage and is based upon usury or any consumer credit protection or truth in lending law 6. Any claim,which arises out of the Transaction vesting In the insured the estate or Interest Insured by this policy or the tronsactlon creating the Interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure against ess or damage(and the Company will not pay costs,attorneys"fees or expenses)which arise by reason of'. 1. Taxes or assessments which are not shown as existing liens by the 3, Easements,liens or encumbrances,or claims thereof,which are not records of any taxing authority That levies taxes or assessments on real shown by the public records. property or by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, Proceedings by a public agency which may result in taxes or assess- encroachments,or any other facts which a correct survey would dis- ments,or notices of such proceedings,whether or not shown by the close,and which are not shown by the public records. records of such agency or by the public records, 5. (a) Unpatented mining claims; (b) reservations or exceptions in 2, Any facts,rights,interests or claims which are not shown by the pub- patents or in Acts authorizing the issuance thereof;(c)water rights,claims lic records but could be ascertained by an inspection of the land which or title to water,whether or not the matters excepted under(a),(b)or(c) may be asserted by persons in possession thereof are shown by the public records. AMERICAN TITLE ASSOCIATION OWNER'S POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and The Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(4)the character,dimensions or location of any Improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters. (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Dote of Policy,but known to the insured claimant and not disclosed h writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4, Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state Insolvency,or similar creditors'rights laws that is based on. (i)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure.(a)to timely record the instrument of transfer;or(b)of such recordation to impart notice to a purchaser for value or a judgment or ler creditor. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from, 1. Governmental police power,and the existence or violation of any low or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Dote, This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks, Td1EQ�+5f� 2. The right to take the land by condemning it unless: • a notice of exercising the right opr in the public records on the Policy Date • the taking happened prior to the Pb.-y Date and is binding on you If you bought the Ian, rhout knowing of the taking 3, Ti-He Risks: that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared on the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in item 8 of Covered Title Risks 4, Failure to pay value for your title. 5. Lack of a right • to any land outside the area specifically described and referred to in item 3 of Schedule A or • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in item 5 of Covered TA1e Risks. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(6-2-98) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule B,You are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes ordinances,lows and regulations concerning: a. building b. zoning c. land used d. improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation of enforcement appears in the Public Records at the Policy Date, This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17,or 24. 2, The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it,unless. a. a notice of exercising the right appears in the Public Records at the Policy Date;or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a, that are created,allowed,or agreed to by You,whether or not they appear in fine Public Records; b, that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c. that result in no loss to You:or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8d,22,23,24 or 25. 5, Failure to pay value for Your Title. 6, Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b. in streets,alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to()the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was part;or(v)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured of Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which Is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance, 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on, (I) the transaction creating the interest of the insured mortgage being deemed a fraudulent conveyance or fraudulent transfer,or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (tip the transaction creating the interest of the insured mortgage being deemed a preferential transfer except where the preferential transfer results from the failure:(a)to timely record the instrument of transfer;or(b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. LAWYERS TITLE COMPANY 18551 Von Karman Avenue, Suite 100 Irvine, CA 92612 PRELIMINARY REPORT UPDATED Burrow Escrow 32261 Camino Capistrano. #D101 San Juan Capistrano, CA 92675 Attention: Sue Telephone: 949-240-0601 Fax: Your No. : SJ11034-KP Our No. : 0000042-12 Title Officer: John Marten Direct Line: (949) 223-5520 Fax Line: (949) 261-6927 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the conditions of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CLTA Preliminary Report (Rev. 1-1-95) ORDER NO. : 0000042-12 SCHEDULE A Date of Report: 07/12/01 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: Capistrano Valley Water District 3. The land referred to in this report is situated in the State of California, County of Orange and is described on the attached Exhibit A. i ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 200 West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet; thence .South 740 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 740 14' 40" East 98 .37 feet; thence North 150 45' 20" East 154.65 feet; thence North 740 14' 40" West 99.65 feet; thence South 150 45' 20" West 145.62 feet; thence South 70 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet and thence South 740 14' 40" East to the point of beginning. ORDER NO. : 0000042-12 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2001-2002, which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: lay and maintain water pipes and take water through said land Recorded: October 6, 1930 Book 428, Page 75 of Official Records Affects: portion of Parcel A Reference is made to said document for full particulars. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Consolidated Gas & Electric Company Purpose: pole lines Recorded: January 21, 1941 Book 1072, Page 563 of Official Records Affects: said deed provides that the route of said line of poles shall be erected as follows: Beginning at Station 441+55.38 on the center line of the State Highway as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of Orange County, California; thence South 580 00' East 1081.6 feet; thence North 79° 52' East 668.7 feet; thence North 750 44' East 342.6 feet. Reference is made to said document for full particulars. 3. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: underground pipe lines Recorded: Book 2110, Page 407 of Official Records Affects: portion of said land Reference is made to said document for full particulars. ORDER NO. : 0000042-12 SCHEDULE B (continued) 4. Matters contained in Record of Survey, as per map filed in Book 4, Page 15 and Book 21, Page 41 of Record of Survey, in the office of the County Recorder of said County. Reference is made to said map for full particulars. 5. Covenants, conditions and restrictions as set forth in the document. Recorded: Book 4984, Page 448 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said matter affects: Parcel B G. The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: San Juan Capistrano Central Redevelopment Project Area Recorded: May 22, 1984 Instrument No. 84-212085 of Official Records 7. Lack of a right of access to and from the land. Attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. Please inform us if access has been, or is to be, established by means of an appurtenant easement. This will require additional time and expense to search and report upon before title insurance can be approved. S. The fact that said land is shown as "Reservoir Site, Not a Part" per map filed in Book 54, Page 1 of Parcel Maps, in the office of the County Recorder of said county. The boundaries of said land shown thereon are in error. ORDER NO. : 0000042-12 SCHEDULE B (continued) END OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. ORDER NO. : 0000042-12 NOTES AND REQUIREMENTS NOTE NO. 1: SPECIAL NOTICE California Insurance Code Section 12413 .1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulates the disbursement of escrow funds by Title Companies. Funds received by Lawyers Title Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1. We have received confirmation of the respective incoming wire. 2. Collection of a deposited check. Wires directed to this office of Lawyers Title Company must be directed to: UNION BANK 1980 SATURN STREET MONTEREY PARK, CA 91754 ACCOUNT #: 9120014096 ABA#: 122000496 FOR: (list our Order Number) NOTE NO. 2 : This Company will require the following to insure a loan or a conveyance from, the entity named below: Capistrano Valley Water District (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. NOTE NO. 3 : The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. ORDER NO. : 0000042-12 NOTE SECTION (continued) NOTE NO. 4 : There are no conveyances affecting said land, recorded within six (6) months of the date of this report. NOTE NO. 5 : Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year shown below are paid. For proration purposes the amounts are: Fiscal year 2000 - 2001 1st Installment: $.00 2nd Installment: $. 00 AOE Exemption: $4,935.00 Code Area: 23-007 Assessment No. : 675-331-19 Affects: A portion of the land described herein and no other land. NOTE NO. 6 : Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year shown below are paid. For proration purposes the amounts are: Fiscal year 2000 - 2001 1st Installment: $.00 2nd Installment: $.00 AOE Exemption: $873 .00 Code Area: 23-007 Assessment No. : 675-331-20 Affects: A portion of the land described herein and no other land. ORDER NO. : 0000042-12 NOTE SECTION (continued) DISTRIBUTION: jm/rd Plats and CC&R's enclosed Typed: 02/23/00 Updated: 12/19/00 sm Updated: 08/01/01 am Exf"Agr w6/2/� CALIFORNIA LA ITLE ASSOCIATION STANDARD COVER OLICY- 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of, 1. (a) Any law,ordinance or governmental regulation (including but not limited to building or zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of defect, lien or encumbrance resuViing from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated, 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mort gage and is based upon usury or any consumer credit protection or truth In lending law 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,Dy reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage(and the Company will not pay costs,attorneys"fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the 3. Easements,liens or encumbrances,or claims thereof,which are not records of any taxing authority that levies taxes or assessments on real shown by the public records. property or by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, Proceedings by a public agency which may result in taxes or assess- encroachments,or any other facts which a correct survey would dis- ments,or notices of such proceedings,whether or not shown by the close,and which are not shown by the public records. records of such agency or by the public records. 5, (a) Unpatented mining claims; (b) reservations or exceptions in 2. Any facts,rights,interests or claims which are not shown by the pub- patents or in Acts authorizing the issuance thereof;(c)water rights,claims lic records but could be ascertained by an Inspection of the land which or title to water,whether or not the matters excepted under(a),(b)or(c) may be asserted by persons in possession thereofare shown by the public records. AMERICAN TITLE ASSOCIATION OWNER'S POLICY(10-17-92)AND AMERICAN LAND TIRE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking Which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became on insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws that is based on. (i)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:(a)to timely record the instrument of transfer;or(b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use - land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. TOIE(Re.YSJ" 2. The right to take the land by condemning it,unless: • a notice of exercising the right app in the public records on the Policy Date • the taking happened prior to the F. , Date and Is binding on you if you bought the Ian thout knowing of the taking 3. Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared on the public records • that result in no loss to you • that first affect your title after the PoFcy Date-this does not limit the labor and material lien coverage in item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A or • in sheets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in item 5 of Covered Title Risks, CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(6-2-98) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule E,You are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence a violation of any law or government regulation.This includes ordinances,laws and regulations concerning: U. building b. zoning c. land used a. improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation of enforcement appears in the Public Records at the Policy Date, This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17,or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it,unless: Q, a notice of exercising the right appears in the Public Records at the Policy Date;or b, the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; b. that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c, that result in no loss to You:or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8d,22,23,24 or 25, 5. Failure to pay value for Your Title, 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b. in sheets,alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(II)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for sheet improvements under construction or completed at Date of Policy);or (e) resulting in loss or damage which would not have been sustained IT the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the Insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law 6, Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which of Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors"rights laws,that is based on: 0 the Transaction creating the interest of the insured mortgage being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (ii) the transaction creating the interest of the insured mortgage being deemed a preferential transfer except where the preferential transfer results from the failure,(a)to timely record the instrument of transfer;or(b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. • LAWYERS TITLE COMPANY 18551 Von Karmen Avenue, Suite 100 Irvine, CA 92612 PRELIMINARY REPORT City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cynthia Russell Escrow Officer: Cynthia Russell Telephone: 949-493-1171 Fax: Your No. : Capo Valley Property Address: Our No. : 0000042-12 San Juan Capistrano, CA Title Officer: John Marten Direct Line: (949) 223-5520 Fax Line: (949) 261-6927 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the conditions of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CLTA Preliminary Report (Rev. 1-1-95) ORDER NO. : 0000042-12 SCHEDULE A Date of Report: 02/16/00 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: Capistrano Valley Water District 3. The land referred to in this report is situated in the State of California, County of Orange and is described on the attached Exhibit A. ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94 .65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet; thence South 740 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 740 14' 40" East 98.37 feet; thence North 150 45' 20" East 154.65 feet; thence North 740 14' 40" West 99.65 feet; thence South 150 45' 20" West 145.62 feet; thence South 70 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 15° 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet and thence South 740 14' 40" East to the point of beginning. ORDER NO. : 0000042-12 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2000-2001 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: lay and maintain water pipes and take water through said land Recorded: October 6, 1930 Book 428, Page 75 of Official Records Affects: portion of Parcel A Reference is made to said document for full particulars. 2 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Consolidated Gas & Electric Company Purpose: pole lines Recorded: January 21, 1941 Book 1072, Page 563 of Official Records Affects: said deed provides that the route of said line of poles shall be erected as follows: Beginning at Station 441+55.38 on the center line of the State Highway as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of Orange County, California; thence South 580 00' East 1081.6 feet; thence North 790 52' East 668.7 feet; thence North 75° 44' East 342 .6 feet. Reference is made to said document for full particulars. 3 . An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: underground pipe lines Recorded: Book 2110, Page 407 of Official Records Affects: portion of said land Reference is made to said document for full particulars. ORDER NO. : 0000042-12 SCHEDULE B (continued) 4. Matters contained in Record of Survey, as per map filed in Book 4, Page 15 and Book 21, Page 41 of Record of Survey, in the office of the County Recorder of said County. Reference is made to said map for full particulars. 5. Covenants, conditions and restrictions as set forth in the document. Recorded: Book 4984, Page 448 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said matter affects: Parcel B 6 . The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: San Juan Capistrano Central Redevelopment Project Area Recorded: May 22, 1984 Instrument No. 84-212085 of Official Records I . Lack of a right of access to and from the land. Attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. Please inform us if access has been, or is to be, established by means of an appurtenant easement. This will require additional time and expense to search and report upon before title insurance can be approved. ORDER NO. : 0000042-12 SCHEDULE B (continued) SND OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. 0 0 ORDER NO. : 0000042-12 NOTES AND REQUIREMENTS NOTE NO. 1: SPECIAL NOTICE California Insurance Code Section 12413 .1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulates the disbursement of escrow funds by Title Companies. Funds received by Lawyers Title Company via wire transfer may be disbursed upon receipt. Funds received by this company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1. We have received confirmation of the respective incoming wire. 2. Collection of a deposited check. Wires directed to this office of Lawyers Title Company must be directed to: UNION BANK 1980 SATURN STREET MONTEREY PARK, CA 91754 ACCOUNT #: 9120014096 ABA#: 122000496 FOR: (list our Order Number) NOTE NO. 2 : This Company will require the following to insure a loan or a conveyance from, the entity named below: Capistrano Valley Water District (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. NOTE NO. 3 : The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. 0 ORDER NO. : 0000042-12 NOTE SECTION (continued) NOTE NO. 4 : There are no conveyances affecting said land, recorded within six (6) months of the date of this report. DISTRIBUTION: jm/rd Plats and CC&R' s enclosed Typed: 02/23/00 "This plat is for your aid in locating your land with reference to streets and other parcels.While this plat is believed to be correct, the Company Assumes no liability for any loss occurring by reason of reliance thereon" Iau- rsTide Company 675-33 nRe wAP wAs PwePAI®wl a11ARRe Ralw1Y fOnwll M WIAI�rzwffllm ROR AvsRe ARr uAeanr roll onlel uvea wTmReleerRogcmllu lauren °oorr"'°°row°e`aun'Atoea" 36 ,,M IFR I d• PK 90-JO R. PAR PM2 6 PAl S O3 "� 10 w II �P 13 e ' E R.S.434P RF 53/3 " RS 4J-4P R565-2Y" rmv U 9 ,P44 PM964P PAR./ O E = O 14 P054 ACR7 f 4 w t ` O P..A 90-50 ranw r^cs '. PAR./ rgR. PM.54-I OPK 9643 1b IL fi rnn' " 331 R 5.5 _ 8."Ac P.K 29 fy.4' waP' 6 ^' RS 43-42 4AL2•/ 'ww F.S 43-OP M PAR. 43 Lrjti 4 "ua PHIF3� - (D s I6 O e O Ip • /406 gGFJ RFJNI _ CL PMMzV PAR, B `v E wvsp PAOq,p AR.I u 4 PAR. A u, 4433 ACM h 17 J , 2 19 Q PM 9&P9 azA S PgR 3 nay $ r956Acic) uz sr PM N 8 V' 34 0 O O CH 1983 PARCELMAP PM54-/,90-42,90-43,90-50,91-/4,98-29NOTE.ASSESSOR'S BLOCK d ASSESSOR'S AAP O RECORD SURVEY R.S. 43-40 PARCEL NUMBERS COOK 675 PAGE33 O 00 SHOWN IN CIRCIES COUNTY Of ORANGE 17 Q is N v , , o ab/zroel CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY— 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded he coverage of this policy and the Company AW pay loss or damage,costs,attorneys'fees or expenses which arise by reason of, 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy.use or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(Iii)a separation in ownership or a change in the dimensions or area of the and or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3, Defects,liens,encumbrances,adverse claims or other matters. (a) whether or not recorded in the public records at Date of Policy, but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mort gage and is based upon usury or any consumer credit protection or truth in lending law. 6, Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. EXCEPTIONS FROM COVERAGE —SCHEDULE 8, PART 1 This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the 3. Easements,liens or encumbrances,or claims thereof,which are not records of any taxing authority that levies taxes or assessments on real shown by the public records, property or by the public records, 4. Discrepancies, conflicts in boundary lines, shortage in area, Proceedings by a public agency which may result in taxes or assess- encroachments,or any other facts which a correct survey would dis- ments, or notices of such proceedings,whether or not shown by the close,and which are not shown by the public records, records of such agency or by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in 2. Any facts,rights,interests or claims which are not shown by the pub- patents or in Acts authorizing the issuance thereof;(c)water rights,claims lic records but could be ascertained by an inspection of the land which or title to water,whether or not the matters excepted under(a),(b)or(c) may be asserted by persons in possession thereof. are shown by the public records, AMERICAN TITLE ASSOCIATION OWNER'S POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(it)the character,dimensions or location of any improvement now or hereafter erected on the land;(ill)a separation In ownershlp or a change In the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge, 3. Defects,liens,encumbrances,adverse claims or other matters: (a)created,suffered,assumed or agreed to by the Insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for The estate or interest insured by this policy. 4, Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state Insolvency,or similar creditors'rights laws that Is based on, (i)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferentJal transfer results from the failure:(a)to timely record the instrument of transfer;or(b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning. • land use • land dwision • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Titie Risks. T-01 E(Fcc15/R 2, The right to take the land by condemning it,unless: • a notice of exercising the right app - in the public records on the Policy Date • the taking happened prior to the P, Date and is binding on you if you bought the Ian .lout knowing of the taking 3. Title(disks ' • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Dote-unless they appeared on the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in item 8 of Covered Title Risks 4. Foilure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Rem 3 of Schedule A or • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in item 5 of Covered Title Risks, CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(6-2-98) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule B,You are not insured against loss,costs,attorneys"fees,and expenses resulting from. 1. Governmental police power,and the existence or violation of any law a government regulation This includes ordinances,laws and regulations concerning a. building b. zoning c. land used d. improvements on the land e, land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation of enforcement appears in the Public Records at the Policy Date, This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17,or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date, 3, The right to take the Land by condemning it,unless. a, a notice of exercising the right appears in the Public Records at the Policy Date;or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking, 4. Risks: a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; b, that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c. that result in no loss to You:or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8d,22,23,24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b. in streets,alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys"fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (Iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters. (a) created,suffered,assumed or agreed to by the insured claimant: (b) not known to the Company,not recorded in the public records at Date of Fblicy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for sheet improvements under construction or completed at Date of Policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated, 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the Insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the Insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on. (i) the transaction creating the interest of the insured mortgage being deemed a fraudulent conveyance or fraudulent transfer;or (i) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (til) the transaction creating the interest of the insured mortgage being deemed a preferential transfer except where the preferential transfer results from the failure:(a)to timely record the Instrument of transfer;or(b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ! • Memorandum December 12, 2000 TO: John Shaw, City torney / FROM: Cindy Russell, Ad nistrative Services Director SUBJECT: Neely Purchase and ale Agreement y The attached agreement was ap roved on December 5"' and executed by all. Unfortunately, there is a mistake in ection 1 (b). It indicates the Seller will pay the balance of the purchase price into escr Obviously, this should be the Buyer. Please advise on how you would like to han a this correction. I have opened escrow and need to correct within the week. CP C:W1yRes\PR0PER7YWcCracken Hill Property(CVVVD)lagrM correction.wpd S Aij CSS v 1 &-k--L— C� � MA, 0-k ' maw Capistrano Talley- Water District December 11, 2000 Mr. Jerry Neely Neely Family Trust P. O. Box 507 San Juan Capistrano, California 92693 Re: Purchase of McCracken Hill Reservoir Property Dear Mr. Neely: At their meeting of December 5, 2000, the Capistrano Valley Water District Board of Directors approved the Purchase and Sale Agreement with you providing foryour purchase of the unused water reservoir site known as the McCracken Hill Reservoir. A fully-executed copy of the Agreement is enclosed for your files. Please feel free to contact Cynthia Russell at 443-6301 if you have any questions. Very truly yours, &IL6 Cheryl Johnson Clerk of the Board Enclosure cc: nthia Russell (with enclosure) P.O. Box 967, San Juan Capistrano, California 92693 ° Phone 714493-1515 32450 Paseo Adelanto • San Juan Capistrano, California 92675 FAX 714-493-3955 0 0 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement is entered into this 51" day of December, 2000 (the "Agreement"), by and between the Capistrano Valley Water District (hereinafter "Seller"), and the Neely Family Trust (hereinafter"Buyer"). WHEREAS, Seller is the owner of certain real property (Assessor's Parcel #675- 331-19 & 20). which is a surplus and unused water reservoir site consisting of approximately 14,875 square feet and is generally located in the northeasterly quadrant of Valle Road and Forster Ranch Road, approximately 500 feet easterly of a portion of privately owned Valle Road in the City of San Juan Capistrano; and WHEREAS, Buyer desires to purchase said real property under the below-stated terms and conditions; NOW, THEREFORE, BE IT RESOLVED between Seller and Buyer as follows: Section 1. Sale of Property/Purchase Price. Seller agrees to sell and Buyer agrees to purchase that certain real property more particularly described as Assessor's Parcel Numbers 675-331-19 and 675-331-20 located in the City of San Juan Capistrano for the purchase price of Thirty-Four Thousand Dollars ($34,000.00), Buyer shall pay the purchase price of Thirty-Four Thousand Dollars ($34,000.00) payable as follows: (a) Buyer shall pay Five Thousand Dollars ($5,000.00) by cashier's check on execution of this Agreement, payable to the Escrow Holder as a deposit to be applied to the price at close of escrow. Escrow Holder shall place the deposit in an interest-bearing account for theaabbte,,��nefit of Seller. (b) bow shall pay the balance of the purchase price by cashier's check at the time that escrow documents are finalized with the Escrow Holder which shall occur not later than three(3) business days before the close of escrow. The purchase price shall be paid to Seller at close of escrow. Neely Agmt.wpd 09/28/00 1 of 5 All other costs, including recording and other escrow costs, shall be borne by the Buyer. Section 6. Condition of Property. (a) The subject real property includes water reservoir improvements, all of which are deemed surplus property by Seller. Buyer warrants that Buyer has inspected all of the property. Seller hereby represents and warrants to Buyer that,to the best of Seller's actual knowledge, and without any independent investigation having been made by Seller, no hazardous materials are located on or under the property; there has been no release, storage, treatment, generation, or disposal of any hazardous materials on, under, or from the property; and that no hazardous materials have been transported from the property. For the purposes of this Agreement, the"hazardous material"shall be defined as broadly as possible and shall include any"hazardous material"or"substance"as such terms may be defined under any Federal, State or local law or regulation. Buyer agrees that, as of the close of escrow, it will be acquiring the property in "as- is" condition with all faults and conditions then existing on the property, including any hazardous material that may be located on, under, or around the property. (b) Buyer further acknowledges that it has reviewed the City's appraisal report for the property. The R. P. Laurain &Associates' report dated June 8, 1999 states in part: "The subject property is located within the northeasterly quadrant of Valle Road and Forster Ranch Road. It should be noted that access to the subject property is via an apparent implied easement over the surrounding privately- owned property. It is assumed, however, that access to the property is for the purpose of maintenance and repair of the existing water reservoir; it is further assumed that in the event the water reservoir is abandoned the subject property will be effectively 'landlocked'. Buyer agrees and understands that there is a potential legal limitation regarding access rights to the parcel as described above. Buyer willingly and knowingly agrees to take title subject to this access limitation." Section 7. Disputes. (a) Mediation. Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to Neely Agmt.wpd 09/28/00 3of 5 arbitration or court action. Mediation fees, if any, shall be borne equally among the parties. (b) Arbitration. Buyer and Seller agree that any dispute or claim in law or equity arising between them out of this Agreement, or any resulting transaction which is not settled through mediation, shall be decided by neutral, binding arbitration. The parties shall mutually agree upon the methodology for selection of an arbitrator. (c) Attorneys' Fees. In the event of a dispute, neither party shall be entitled to attorneys' fees in the event that an enforcement action or mediation is brought pursuant to the terms of this Agreement. Section 8. Notices. All notices and demands shall be given in writing by personal service or first class mail, postage prepaid in the U.S. mail. Notices shall be addressed as shown below for each party, except that, if any party gives notice of a change of address, notices to that party shall thereafter be given as shown in that notice. To Seller: Capistrano Valley Water District c/o George Scarborough, Executive Director 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Buyer: Neely Family Trust c/o Mr. Jerry Neely P.O. Box 507 San Juan Capistrano, CA 92693 Section 9. Planning and Zoning for Property. This Agreement in no manner is intended to convey or imply that Buyer may use the subject property for any intended purpose Buyer may so desire. Buyer agrees and acknowledges that Buyer must secure applicable planning and zoning entitlements from the City of San Juan Capistrano prior to constructing any structural improvements to the property. Neely Agmt.wpd 09/28/00 4of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. Seller: Capistrano Valley Water Di rict David YSIverdlin, Chairman Buyer: Neely Family Trust B ATT T: By: c�vs Cheryl JohUon,661erk of the Board APPROVEA AS TO FORM: By: �� John R Shaw, District Counsel Neely Agmt.wpd 09/28/00 5of 5 _' • • Exhibit A LAWYERS TITLE COMPANY 18551 Von Karmen Avenue, Suite 100 Irvine, CA 92612 PRELIMINARY REPORT City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cynthia Russell Escrow Officer: Cynthia Russell Telephone: 949-493-1171 Fax: Your No. : Capo Valley Property Address: Our No. : 0000042-12 San Juan Capistrano, CA Title Officer: John Marten Direct Line: (949) 223-5520 Fax Line: (949) 261-6927 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the conditions of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CLIA Preliminary Report (Rev. 1-1-95) • ORDER DER NO. : 0000042-12 SCHEDULE A Date of Report: 02/16/00 at 7:30 A.M. The form of policy of title insurance contemplated by this report is, CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: Capistrano Valley Water District 3. The land referred to in this report in situated in the State of California, County of Orange , and is described on the attached Exhibit A. ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de Is Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 49" 59' 20" West 100 feet; thence North 67" 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20-- East 0"East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 74° 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet; thence South 74" 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 74° 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 740 14' 40" East 98.37 feet; thence North 150 45' 20" East 154.65 feet; thence North 74" 14' 40" West 99.65 feet; thence South 15" 45' 20" West 145.62 feet; thence South 70 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 490 $9' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70- 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 15" 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 15° 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet and thence South 740 14' 40" East to the point of beginning. ORDER NO. : 0000042-12 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2000-2001 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: lay and maintain water pipes and take water through said land Recorded: October 6, 1930 Book 428, Page 75 of Official Records Affects: portion of Parcel A Reference is made to said document for full particulars. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Consolidated Gas & Electric Company Purpose: pole lines Recorded: January 21, 1941 Book 1072, Page 563 of Official Records Affects: said deed provides that the route of said line of poles shall be erected as follows: Beginning at Station 441+55.38 on the center line of the State Highway as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of Orange County, California; thence South 580 00' East 1081.6 feet; thence North 79° 52' East 668.7 feet; thence North 750 44' East 342.6 feet. Reference is made to said document for full particulars. 3. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: underground pipe lines Recorded: Book 2110, Page 407 of Official Records Affects: portion of said land Reference is made to said document for full particulars. ORDER NO. : 0000042-12 SCHEDULE B (continued) 4. Matters contained in Record of Survey, as per map filed in Book 4, Page 15 and Book 21, Page 41 of Record of Survey, in the office of the County Recorder of said County. Reference is made to said map for full particulars. 5. Covenants, conditions and restrictions as set forth in the document. Recorded: Book 4984, Page 448 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said matter affects: Parcel B 6. The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: San Juan Capistrano Central Redevelopment Project Area Recorded: May 22, 1984 Instrument No. 84-212085 of Official Records 7. Lack of a right of access to and from the land. Attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. Please inform us if access has been, or is to be, established by means of an appurtenant easement. This will require additional time and expense to search and report upon before title insurance can be approved. ORDER NO. : 0000042-12 SCHEDULE B (continued) END OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE °NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. ORDER NO. : 0000042-12 NOTES AND REQUIREMENTS NOTE NO. 1: SPECIAL NOTICE California Insurance Code Section 12413 .1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulates the disbursement of escrow funds by Title Companies. Funds received by Lawyers Title Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1. We have received confirmation of the respective incoming wire. 2 . Collection of a deposited check. Wires directed to this office of Lawyers Title Company must be directed to: UNION BANK 1980 SATURN STREET MONTEREY PARK, CA 91754 ACCOUNT #: 9120014096 ABA#: 122000496 FOR: (list our Order Number) NOTE NO. 2 : This Company will require the following to insure a loan or a conveyance from, the entity named below: Capistrano Valley Water District (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. NOTE NO. 3 : The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. ORDER NO. : 0000042-12 NOTE SECTION (routinued) NOTE NO. 4 : There are no conveyances affecting said land, recorded within six (6) months of the date of this report. DISTRIBUTION: jm/rd Plats and CC&R's enclosed Typed: 02/23/00 'This plat is for your aid In locating your land with reference to streets and other parcels.While this plat is believed to be correct,the Company Assumes no liability for any loss occurring by reason of reliance thereon" CLT, LwyerslideCmpany 675-33 nwwwR� ralI m�wn �� n 36 w.v RM s 0 PAFS PM ww PY./ PARI p Pxlw =g ~4 12 13 • O 10 w II 9 � MS Jl/J FS FS.zt, �b,v R.S.4l11 Rs41-4e PM"-4Z 2 MAT 9014 ACq MM w-JO �y bay PAR FM JI-I ON ' PMM W-43 Ig 3 331 ! 9.944C y, •w g f LD R.$0-4t t5xMyr FS 1141 To RM w-l3 � PAM.t p .ra .M PRt9 AN! O • (��� MSJH/ j ..MJ On C P 90-4! PAPAR. B F/ PAR- A RIlIIC.IC/ 4-1' 11 � 2 IB MM AFt9 are ! 3 P S � KtT/ Mr=r A 34 MARCH 1983 PARM NAP PM 54 1,90-4490-43,90-50,91-14, SLOCK 8 ASSESSOR'S MAP RECORD SURVEY R.S. 43-42 PARCEL NLMIERS BOOK675PAGE33 O c SHOWN RJ CIRCLES COUNTY GE ORANGE i • �,, ate„ • 32400 PASEO ADELANTO i�� !� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 / R(IlnRnl DIANE L.BATHGATE i COLENE CAMPBELL (949) 493-1171 nunmR 1961 JOHN GREINER (949) 493-1053 (FAX) 1776 WYATT HART www.sanjuancapistrano.org • • DAVID M.SY RDl1N • • CITY MANAGER GEORGE SCARBOROUGH December 12, 2000 Ms. Karen Sandwall Burrow Escrow 32261 Camino Capistrano, D-101 San Juan Capistrano, CA 92675 Re: Escrow - Purchase of McCracken Hill Reservoir Property (Neely) Dear Ms. Sandwall Enclosed in the Purchase and Sale Agreement we discussed for the purchase of property by Mr. Jerry Neely. The seller is actually the Capistrano Valley Water District which is operated by the City of San Juan Capistrano. I am the contact person for the City and can be reached at (949) 443-6301. The Buyer is the Neely Family Trust. The contact is Mr. Jerry Neely at (949 248-1978. As we discussed, you will be contacting Mr. Neely to arrange for the escrow deposit. I will be reviewing the error on Section 1(b) regarding the Seller vs. Buyer language with our attorney and will let you know how he would like to handle it. Thanks for all your assistance and please contact me if you have any questions. Sincerely, C �tfica., L . ►�(uv�z 2.�� C thia L. Russell Administrative Services Director Enclosure CAMyFiles)PROPERTYWcCracken Hill Property(CVNID)tescmw transmitlaimpd p1UG USE IS San Juan Capistrano.- Preserving the Past to Enhance the Future 1 G �.ow Capistrano G7aIW `Water `District December 11, 2000 Mr. Jerry Neely Neely Family Trust P. O. Box 507 San Juan Capistrano, California 92693 Re: Purchase of McCracken Hill Reservoir Property Dear Mr. Neely: At their meeting of December 5, 2000, the Capistrano Valley Water District Board of Directors approved the Purchase and Sale Agreement with you providing foryour purchase of the unused water reservoir site known as the McCracken Hill Reservoir. A fully-executed copy of the Agreement is enclosed for your files. Please feel free to contact Cynthia Russell at 443-6301 if you have any questions. Very truly yours, t� Cheryl Johnson Clerk of the Board Enclosure cc: nthia Russell (with enclosure) P.O. Box%7, San Juan Capistrano, California 92693 Phone 714.493-1515 32450 Paseo Adelanto • San Juan Capistrano, California 92675 FAX 714-493-3955 0 0 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement is entered into this 5'" day of December, 2000 (the "Agreement"), by and between the Capistrano Valley Water District (hereinafter "Seller"), and the Neely Family Trust (hereinafter"Buyer"). WHEREAS, Seller is the owner of certain real property (Assessor's Parcel#675- 331-19 & 20). which is a surplus and unused water reservoir site consisting of approximately 14,875 square feet and is generally located in the northeasterly quadrant of Valle Road and Forster Ranch Road, approximately 500 feet easterly of a portion of privately owned Valle Road in the City of San Juan Capistrano; and WHEREAS, Buyer desires to purchase said real property under the below-stated terms and conditions; NOW, THEREFORE, BE IT RESOLVED between Seller and Buyer as follows: Section 1. Sale of Property/Purchase Price. Seller agrees to sell and Buyer agrees to purchase that certain real property more particularly described as Assessor's Parcel Numbers 675-331-19 and 675-331-20 located in the City of San Juan Capistrano for the purchase price of Thirty-Four Thousand Dollars ($34,000.00). Buyer shall pay the purchase price of Thirty-Four Thousand Dollars ($34,000.00) payable as follows: (a) Buyer shall pay Five Thousand Dollars ($5,000.00) by cashier's check on execution of this Agreement, payable to the Escrow Holder as a deposit to be applied to the price at close of escrow. Escrow Holder shall place the deposit in an interest-bearing account for the benefit of Seller. (b) Seller shall pay the balance of the purchase price by cashier's check at the time that escrow documents are finalized with the Escrow Holder which shall occur not later than three(3) business days before the close of escrow. The purchase price shall be paid to Seller at close of escrow. Neely Agmt.wpd 09/28/00 1 of 5 Section 2. Escrow Established. This sale shall be consummated through an escrow established with Burrow Escrow, 32261 Camino Capistrano, Suite D-101, San Juan Capistrano, California. The closing date for the escrow will be January 19, 2000. Escrow shall be considered opened when both parties deposit fully-executed escrow instructions with escrow holder and"close of escrow" shall be when the grant deed to the property is recorded. Within ten (10) days after execution of this Agreement, each party agrees that this Agreement shall constitute the escrow instructions and Seller shall provide the designated escrow holder with a fully-executed original of the Agreement. The Close of Escrow date may be mutually decided by written agreement between the parties. Section 3. Conveyance of Title. Seller shall, by grant deed, convey to Buyer a fee simple interest free and clear of all title defects, liens, encumbrances, deeds of trust and mortgages, excepting those encumbrances identified in the preliminary title report and attached as Exhibit "A" to this Agreement. Seller shall procure a standard land title association policy of title insurance in the amount of the purchase price to be paid by Seller and to be issued by First American Title showing title as it is to be vested in the name of the Buyer, subject to the exceptions noted above. Section 4. Proration of Taxes. Insurance. and Interest. Real property taxes, interest on assessments assumed by Buyer, rents, insurance premiums on any insurance, to the extent that there are any of the aforementioned, shall be prorated as of the closing date on the basis of a thirty (30) day month. Section 5. Closing Costs. Seller shall be responsible only for paying all costs and expenses of clearing title, preparing, executing, acknowledging, and delivering the grant deed. Neely Agmt.wpd 09/28/00 2of 5 All other costs, including recording and other escrow costs, shall be borne by the Buyer. Section 6. Condition of Property. (a) The subject real property includes water reservoir improvements,all of which are deemed surplus property by Seller. Buyer warrants that Buyer has inspected all of the property. Seller hereby represents and warrants to Buyer that,to the best of Seller's actual knowledge, and without any independent investigation having been made by Seller, no hazardous materials are located on or under the property; there has been no release, storage, treatment, generation, or disposal of any hazardous materials on, under, or from the property; and that no hazardous materials have been transported from the property. For the purposes of this Agreement,the"hazardous material" shall be defined as broadly as possible and shall include any"hazardous material"or"substance"as such terms may be defined under any Federal, State or local law or regulation. Buyer agrees that, as of the close of escrow, it will be acquiring the property in "as- is" condition with all faults and conditions then existing on the property, including any hazardous material that may be located on, under, or around the property. (b) Buyer further acknowledges that it has reviewed the City's appraisal report for the property. The R. P. Laurain &Associates' report dated June 8, 1999 states in part: "The subject property is located within the northeasterly quadrant of Valle Road and Forster Ranch Road. It should be noted that access to the subject property is via an apparent implied easement over the surrounding privately- owned property. It is assumed, however, that access to the property is for the purpose of maintenance and repair of the existing water reservoir; it is further assumed that in the event the water reservoir is abandoned the subject property will be effectively 'landlocked'. Buyer agrees and understands that there is a potential legal limitation regarding access rights to the parcel as described above. Buyer willingly and knowingly agrees to take title subject to this access limitation." Section 7. Disputes. (a) Mediation. Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to Neely Agmt.wpd 09/28/00 3of 5 arbitration or court action. Mediation fees, if any,shall be bome equally among the parties. (b) Arbitration. Buyer and Seller agree that any dispute or claim in law or equity arising between them out of this Agreement, or any resulting transaction which is not settled through mediation, shall be decided by neutral, binding arbitration. The parties shall mutually agree upon the methodology for selection of an arbitrator. (c) Attorneys' Fees. In the event of a dispute, neither party shall be entitled to attomeys' fees in the event that an enforcement action or mediation is brought pursuant to the terms of this Agreement. Section 6. Notices. All notices and demands shall be given in writing by personal service or first class mail, postage prepaid in the U.S. mail. Notices shall be addressed as shown below for each party, except that, if any parry gives notice of a change of address, notices to that party shall thereafter be given as shown in that notice. To Seller: Capistrano Valley Water District c/o George Scarborough, Executive Director 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Buyer: Neely Family Trust c/o Mr. Jerry Neely P.O. Box 507 San Juan Capistrano, CA 92693 Section 9. Planning and Zoning for Prooertv. This Agreement in no manner is intended to convey or imply that Buyer may use the subject property for any intended purpose Buyer may so desire. Buyer agrees and acknowledges that Buyer must secure applicable planning and zoning entitlements from the City of San Juan Capistrano prior to constructing any structural improvements to the property. Neely Agmt.wpd 09128/00 4of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. Seller: Capistrano Valley Water Di rict B . David M S erdiin, Chairman Buyer: Neely Family Trust B ATTPT: By: _ Cheryl Joh6don,46erk of the Board APPROYEjA AS TO FORM: By: John R Shaw, District Counsel Neely Agmt.wpd 09/28/00 5of 5 • Exhibit A • LAWYERS TITLE COMPANY 18551 Von Karma- Avenue, Suite 100 Irvine, CA 92612 PRELIMINARY REPORT City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cynthia Russell Escrow Officer: Cynthia Russell Telephone: 949-493-1171 Fax: Your No. : Capo Valley Property Address: Our No. : 0000042-12 San Juan Capistrano, CA Title Officer: John Marten Direct Line: (949) 223-5520 Fax Line: (949) 261-6927 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LANYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation an to the conditions of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CLTA Preliminary Report (Rev. 1-1-95) • ORDER NO. : 0000042-12 SCHEDULE A Date of Report: 02/16/00 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: Capistrano Valley Water District 3. The land referred to in this report is situated in the State of California, County of Orange and is described on the attached Exhibit A. ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de Is Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 74" 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet; thence South 740 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in nook 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 740 14' 40" East 98.37 feet; thence North 150 45' 20" East 154.65 feet; thence North 740 14' 40" West 99.65 feet; thence South 150 45' 20" West 145.62 feet; thence South 70 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet and thence South 740 14' 40" East to the point of beginning. ORDER NO. : 0000042-12 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORK DESIGNATED ON THE FACE PAGE OF TRIS REPORT WOULD BE AS FOLLOWS3 A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2000-2001 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: lay and maintain water pipes and take water through said land Recorded: October 6, 1930 Book 428, Page 75 of Official Records Affects: portion of Parcel A Reference is made to said document for full particulars. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Consolidated Gas & Electric Company Purpose: pole lines Recorded: January 21, 1941 Book 1072, Page 563 of Official Records Affects: said deed provides that the route of said line of poles shall be erected as follows: Beginning at Station 441+55.38 on the center line of the State Highway as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of Orange County, California; thence South 58" 00' East 1081.6 feet; thence North 79" 52' East 668.7 feet; thence North 750 44' East 342.6 feet. Reference is made to said document for full particulars. 3 . An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: underground pipe lines Recorded: Book 2110, Page 407 of Official Records Affects: portion of said land Reference is made to said document for full particulars. ORDER NO. : 0000042-12 SCHEDULE B (continued) 4. Matters contained in Record of Survey, as per map filed in Book 4, Page 15 and Book 21, Page 41 of Record of Survey, in the office of the County Recorder of said County. Reference is made to said map for full particulars. 5. Covenants, conditions and restrictions as set forth in the document. Recorded: Book 4984, Page 448 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said matter affects: Parcel B 6. The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: San Juan Capistrano Central Redevelopment Project Area Recorded: May 22, 1984 Instrument No. 84-212085 of Official Records 7. Lack of a right of access to and from the land. Attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. Please inform us if access has been, or is to be, established by means of an appurtenant easement. This will require additional time and expense to search and report upon before title insurance can be approved. ORDER NO. : 0000042-12 SCHEDULE B (continued) END OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION PLIASE REFER TO TEE •NOTES AND REQUIREMENTS SECTION• WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. ORDER NO. : 0000042-12 NOTES AND REQUIREMENTS NOTE NO. 1: SPECIAL NOTICE California Insurance Code Section 12413.1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulates the disbursement of escrow funds by Title Companies. Funds received by Lawyers Title Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1. We have received confirmation of the respective incoming wire. 2. Collection of a deposited check. Wires directed to this office of Lawyers Title Company must be directed to: UNION BANK 1980 SATURN STREET MONTEREY PARK, CA 91754 ACCOUNT #: 9120014096 ABA#: 122000496 FOR: (list our Order Number) NOTE NO. 2: This Company will require the following to insure a loan or a conveyance from, the entity named below: Capistrano Valley Water District (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. NOTE NO. 3 : The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. ORDER NO. : 0000042-12 NOTE SECTION (routinued) NOTE NO. 4 : There are no conveyances affecting said land, recorded within six (6) months of the date of this report. DISTRIBUTION: jm/rd Plats and CC&R's enclosed Typed: 02/23/00 -This plat Is for your aid in locating your land with reference to streets and other parcels.While this plat is believed to be correct.the Company Assumes no liability for any loss occurring by reason of reliance thereon" CLT L versTde Company yy 675-33 I - i 36 r 1 P,M 9PIP PR.M 9/-11 PM H-II PN} t /Y 9010 PMI • / SIO -E /IN♦ 11 IZ 13 F R1 53 15 Mss!-zt Iw'_ AS,OW w MS I3,It /NlO�t MM ACM _ w /.M SO b PM 5I-1 7 F PM".43 IB 's 331 M M 3 IC MMI J w / ti r � Ml IS-M! ^Ma' MS 4It Ih /.NJMGIG p PM"-IJ IW/J It. 9 O ► O�' o9G.J PAR. 6 PAR. A - s n+^ MMMt9 trr t P 34 - R/ARCN1983 ARRCEL MAP PAR 54 /,90.41,9f7dS,9P350,9y./4,.S&P.�'ME ASSESSOR'S AIOCx d ASSESSORS MAP O R£CORO SURVEY RS 43-42 PARCEL NUAYERS ROOK 675 PAGE 33 SHOWN 04 CIRCLES COVNr7 OE ORANGE AGENDA REVIEW FORM day's Date [ [-Z[-Q(� • [ ]First Draft [ ]Planning Commission j ]Second Draft' [ ]Design Review Commission [ ]Transportation Commission [ ]Parks, Rec. &Equestrian Commission [�(1 City Council [ ]Cultural Heritage Commission [ ]CRA [ ]Housing Committee [ ]CVWD [ ]Water Advisory Commission Meeting Date: 00 ProjectName: NN'Ieekm W11 itlQ.f uott- Project Manager: DEPARTMENTAL REVIEW Attn. To Reviewed& Comments accepted Yes-No (Initial) [ ]City Manager's Office �[City Attorney [ ]City Clerk [ ]Admin, Services [ ]Community Services [ ]Eng.&Bldg. [ ]Planning [ ]Public Works [ ]Police Services ALL COMMENTS MUST BE RECEIVED BY G[ d#[ROUTEDBY b L nd u �UJ'SQ-«- _ EXT RETURN TO NOTES: 4k<�o qtr, -s - AGENDA ITEM December 5, 2000 TO: George Scarborough, City Manager FROM: Cynthia L. Russell, Administrative Services Director SUBJECT: Consideration of Purchase and Sale Agreement-APN 675-331-19/675-331- 20 (McCracken Hill Reservoir)(Neely Family Trust) RECOMMENDATION: By Motion, approve purchase and sale agreement and authorize City Manager to execute all necessary documents to complete the sale of property. SITUATION: In early 1999, staff received an offer from Mr. Jerry Neely regarding District-owned property adjacent to their property in the McCracken Hill area. The property, more commonly known as the McCracken Hill Reservoir property is located in the northeasterly area of Valle Road and Forester Ranch Road. The reservoir on this property had served its useful life and had been incurring excessive maintenance and repair costs. The reservoir is scheduled for replacement by a larger reservoir as part of the adjacent development. Since the reservoir was beginning to fail, it was shutdown and the area is currently being served with an interim by-pass line. The property is completely surrounded by another parcel owned by the Neely Family and access to the property is via an implied easement for the purpose of maintaining the reservoir. The property appraisal identifies the highest and best use of the property would be speculative investment for resale at a higher price at some future date or joinder with an adjacent privately-owned property. Additionally, the land value was discounted due to the assumed lack of access with the abandonment of water district use and the need to demolish and clear the existing reservoir, and fill the excavation. Based on these factors, the property has been appraised at $34,000. The Board of Directors has declared the property surplus in August 1999 and public notification of the sale has been completed. Therefore, staff recommends the Board of Directors approve the attached purchase and sale agreement and authorize the City Manager to execute all necessary documents to complete the sale of property. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Water Advisory Commission (WAC) has been notified that these properties will be considered as surplus. Agenda Item -2- December 5, 2000 FINANCIAL CONSIDERATIONS: Proceeds from the sale of this property has been included in the District's Fy 2000/2001 budget. NOTIFICATION: Mr. Jerry Neely Neely Family Trust P.O. Box 507 San Juan Capistrano, CA 92693 ALTERNATE ACTIONS: 1. By Motion, approve purchase and sale agreement and authorize City Manager to execute all necessary documents to complete the sale of property. 2. Do not adopt the resolution 3. Request additional information from staff RECOMMENDATION: By Motion, approve purchase and sale agreement and authorize City Manager to execute all necessary documents to complete the sale of property. Respectfully Submitted, Cynthia L. Russell Administrative Services Director Exhibit 1 - Purchase and Sale Agreement PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement is entered into this 5t' day of December, 2000 (the "Agreement"), by and between the Capistrano Valley Water District (hereinafter "Seller"), and the Neely Family Trust (hereinafter "Buyer"). WHEREAS, Seller is the owner of certain real property (Assessor's Parcel # 675- 331-19 & 20) which is a surplus and unused water reservoir site consisting of approximately 14,875 square feet and is generally located in the northeasterly quadrant of Valle Road and Forster Ranch Road, approximately 500 feet easterly of a portion of privately owned Valle Road in the City of San Juan Capistrano; and WHEREAS, Buyer desires to purchase said real property under the below-stated terms and conditions; NOW, THEREFORE, BE IT RESOLVED between Seller and Buyer as follows: Section 1. Sale of Property/Purchase Price. Seller agrees to sell and Buyer agrees to purchase that certain real property more particularly described as Assessor's Parcel Numbers 675-331-19 and 675-331-20 located in the City of San Juan Capistrano for the purchase price of Thirty-Four Thousand Dollars ($34,000.00). Buyer shall pay the purchase price of Thirty-Four Thousand Dollars ($34,000.00) payable as follows: (a) Buyer shall pay Five Thousand Dollars ($5,000.00) by cashier's check on execution of this Agreement, payable to the Escrow Holder as a deposit to be applied to the price at close of escrow. Escrow Holder shall place the deposit in an interest-bearing account for the benefit of Seller. (b) Seller shall pay the balance of the purchase price by cashier's check at the time that escrow documents are finalized with the Escrow Holder which shall occur not later than three(3)business days before the close of escrow. The purchase price shall be paid to Seller at close of escrow. Neely Agmt.wpd 09/28/00 10f 5 Section 2. Escrow Established. This sale shall be consummated through an escrow established with Burrow Escrow, 32261 Camino Capistrano, Suite D-101, San Juan Capistrano, California. The closing date for the escrow will be January 19, 2000. Escrow shall be considered opened when both parties deposit fully-executed escrow instructions with escrow holder and"close of escrow" shall be when the grant deed to the property is recorded. Within ten (10) days after execution of this Agreement, each party agrees that this Agreement shall constitute the escrow instructions and Seller shall provide the designated escrow holder with a fully-executed original of the Agreement. The Close of Escrow date may be mutually decided by written agreement between the parties. Section 3. Conveyance of Title. Seller shall, by grant deed, convey to Buyer a fee simple interest free and clear of all title defects, liens, encumbrances, deeds of trust and mortgages, excepting those encumbrances identified in the preliminary title report and attached as Exhibit "A" to this Agreement. Seller shall procure a standard land title association policy of title insurance in the amount of the purchase price to be paid by Seller and to be issued by First American Title showing title as it is to be vested in the name of the Buyer, subject to the exceptions noted above. Section 4. Proration of Taxes. Insurance. and Interest. Real property taxes, interest on assessments assumed by Buyer, rents, insurance premiums on any insurance, to the extent that there are any of the aforementioned, shall be prorated as of the closing date on the basis of a thirty (30) day month. Section 5. Closing Costs. Seller shall be responsible only for paying all costs and expenses of clearing title, preparing, executing, acknowledging, and delivering the grant deed. Neely Agmt.wpd 09/28/00 2of 5 All other costs, including recording and other escrow costs, shall be borne by the Buyer. Section 6. Condition of Propertv. (a) The subject real property includes water reservoir improvements,all of which are deemed surplus property by Seller. Buyer warrants that Buyer has inspected all of the property. Seller hereby represents and warrants to Buyer that,to the best of Seller's actual knowledge, and without any independent investigation having been made by Seller, no hazardous materials are located on or under the property; there has been no release, storage, treatment, generation, or disposal of any hazardous materials on, under, or from the property; and that no hazardous materials have been transported from the property. For the purposes of this Agreement, the "hazardous material"shall be defined as broadly as possible and shall include any"hazardous material"or"substance" as such terms may be defined under any Federal, State or local law or regulation. Buyer agrees that, as of the close of escrow, it will be acquiring the property in "as- is" condition with all faults and conditions then existing on the property, including any hazardous material that may be located on, under, or around the property. (b) Buyer further acknowledges that it has reviewed the City's appraisal report for the property. The R. P. Laurain &Associates' report dated June 8, 1999 states in part: "The subject property is located within the northeasterly quadrant of Valle Road and Forster Ranch Road. It should be noted that access to the subject property is via an apparent implied easement over the surrounding privately- owned property. It is assumed, however, that access to the property is for the purpose of maintenance and repair of the existing water reservoir; it is further assumed that in the event the water reservoir is abandoned the subject property will be effectively 'landlocked'. Buyer agrees and understands that there is a potential legal limitation regarding access rights to the parcel as described above. Buyer willingly and knowingly agrees to take title subject to this access limitation." Section 7. Disputes. (a) Mediation. Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to Neely Agmt.wpd 09/28/00 3of 5 arbitration or court action. Mediation fees, if any, shall be borne equally among the parties. (b) Arbitration. Buyer and Seller agree that any dispute or claim in law or equity arising between them out of this Agreement, or any resulting transaction which is not settled through mediation, shall be decided by neutral, binding arbitration. The parties shall mutually agree upon the methodology for selection of an arbitrator. (c) Attorneys' Fees. In the event of a dispute, neither party shall be entitled to attorneys' fees in the event that an enforcement action or mediation is brought pursuant to the terms of this Agreement. Section 8. Notices. All notices and demands shall be given in writing by personal service or first class mail, postage prepaid in the U.S. mail. Notices shall be addressed as shown below for each party, except that, if any party gives notice of a change of address, notices to that parry shall thereafter be given as shown in that notice. To Seller: Capistrano Valley Water District c/o George Scarborough, Executive Director 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Buyer: Neely Family Trust c/o Mr. Jerry Neely P.O. Box 507 San Juan Capistrano, CA 92693 Section 9. Planning and Zoning for Property. This Agreement in no manner is intended to convey or imply that Buyer may use the subject property for any intended purpose Buyer may so desire. Buyer agrees and acknowledges that Buyer must secure applicable planning and zoning entitlements from the City of San Juan Capistrano prior to constructing any structural improvements to the property. Neely Agmt.wpd 09/28/00 4of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. Seller: Capistrano Valley Water District By: Buyer: Neely Family Trust By: ATTEST: By: Cheryl Johnson, Clerk of the Board APPROVED AS TO FORM: By: John R. Shaw, District Counsel Neely Agmt.wpd 09/28/00 5of 5 F 1 • • Exhibit A LAWYERS TITLE COMPANY 18551 Von Barman Avenue, Suite 100 Irvine, CA 92612 PRELIMINARY REPORT City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cynthia Russell Escrow Officer: Cynthia Russell Telephone: 949-493-1171 Fax: Your No. : Capo Valley Property Address: Our No. : 0000042-12 San Juan Capistrano, CA Title Officer: John Marten Direct Line: (949) 223-5520 Fax Line: (949) 261-6927 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the conditions of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CLTA Preliminary Report (Rev. 1-1-95) ORDER NO. : 0000042-12 SCHEDULE A Date of Report: 02/16/00 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: Capistrano Valley Water District 3. The land referred to in this report is situated in the State of California, County of Orange and is described on the attached Exhibit A. • • ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 74° 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 74° 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet; thence South 740 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Rook 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 740 14' 40" East 98 .37 feet; thence North 150 45' 20" East 154 .65 feet; thence North 74° 14' 40" West 99.65 feet; thence South 150 45' 20" West 145.62 feet; thence South 70 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 78 .48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94 .65 feet and thence South 74° 14' 40" East to the point of beginning. ORDER NO. : 0000042-12 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOD7+D BE AS FOLLOWS: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2000-2001 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: lay and maintain water pipes and take water through said land Recorded: October 6, 1930 Book 428, Page 75 of Official Records Affects: portion of Parcel A Reference is made to said document for full particulars. 2 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Consolidated Gas & Electric Company Purpose: pole lines Recorded: January 21, 1941 Book 1072, Page 563 of Official Records Affects: said deed provides that the route of said line of poles shall be erected as follows: Beginning at Station 441+55.38 on the center line of the State Highway as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of Orange County, California; thence South 58° 00' East 1081.6 feet; thence North 79° 52' East 668.7 feet; thence North 750 44' East 342.6 feet. Reference is made to said document for full particulars. 3. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: underground pipe lines Recorded: Book 2110, Page 407 of Official Records Affects: portion of said land Reference is made to said document for full particulars. • ORDER NO. : 0000042-12 SCHEDULE B (continued) 4. Matters contained in Record of Survey, as per map filed in Book 4, Page 15 and Book 21, Page 41 of Record of Survey, in the office of the County Recorder of said County. Reference is made to said map for full particulars. 5. Covenants, conditions and restrictions as set forth in the document. Recorded: Book 4984, Page 448 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said matter affects: Parcel B 6. The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: San Juan Capistrano Central Redevelopment Project Area Recorded: May 22, 1984 Instrument No. 84-212085 of Official Records 7. Lack of a right of access to and from the land. Attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. Please inform us if access has been, or is to be, established by means of an appurtenant easement. This will require additional time and expense to search and report upon before title insurance can be approved. ORDER NO. : 0000042-12 SCHEDULE B (continued) END OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. NOTES AND RHQIIIRHMBNTS ORDER NO. : 0000042-12 NOTE NO. 1: SPECIAL NOTICE California Insurance Code Section 12413 .1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulates the disbursement of escrow funds by Title Companies. Funds received by Lawyers Title Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1. We have received confirmation of the respective incoming wire. 2 . Collection of a deposited check. Wires directed to this office of Lawyers Title Company must be directed to: UNION BANK 1980 SATURN STREET MONTEREY PARK, CA 91754 ACCOUNT #: 9120014096 ABA#: 122000496 FOR: (list our Order Number) NOTE NO. 2: This Company will require the following to insure a loan or a conveyance from, the entity named below: Capistrano Valley Water District (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. NOTE NO. 3 : The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. ORDER NO. : 0000042-12 NOTE SECTION (,ontinued) NOTE NO. 4: There are no conveyances affecting said land, recorded within six (6) months of the date of this report. DISTRIBUTION: jm/rd Plats and CC&R' s enclosed Typed: 02/23/00 "This plat is for your aid in locating your land with reference to streets and other parcels.While this plat is believed to be correct,the Company Assumes no liability for any loss occurring by reason of reliance thereon" Ca-M-0) LauryersTde Company 675-33 TIN IIBP MN E1191RRR�1®ppIBB OIIBIIN CgN1Y *MMV 1Y10'e3tdC41�IRLY R[PABBIIBMIABPI WBIRPBIU111RR1191 NNW 1N 36 ee vs. mu. m..vs �•�•• PM 9/-/I vM 9PI2 PM 9/-/I - PAR S d % PM 9010 PAq/ PIq P PM 90JO 3 D 1 - - OAg3 10 µ II 2 I A I RS 53'/3 PS 61-21, pyR f RSI341n' qS I3-I2 PMW-4Z C , P. O q. R J PA / 2 G PAq 1 y 00 'J SaN Ac,C/ O 'b s 14 PM 90.30 vAq/ � w PM JI-/ 1 O 3 B PM 90 I33 1 M15 H.814C C 4 U PM$ y�y miN' PAy 6 UD 85 03-I2 qS q4P C � /JIIACF/ C PM 90.13 u _e PM 99-19 PAq MM3 6 O 1.006 qC./4 qS5/4 1 aM PM96-I9 Y L Mq1 4 IM 90 /11 PAR B t - � °""' PAR. A 1.133 AC(V 7 2 19 C 4 PM W-19 R PARD/ nele' 3 OM a � 34 c c C MARCH 1983 PARCEL MAP PM 54-1,90-42,90-43,90-50,9/-/4,98-29NOTE-ASSESSOR'S BLOCK d ASSESSOR'S MAP O C RECOROSUR✓EY RS 43-42 PARCEL NUMBERS BOOK675PAGE33 C SHOWN M CIRCLES COUNTY OF ORANGE C C . F i d 2 C Memorandum: To: Cindy Russell From: John Shaw Re: Neely Agreement Date: September 12, 2000 In response to your latest memo on this matter, please find attached a revised agreement. I have deleted the holdharmless provision (regarding contamination) which they have objected to. This provision gave added protection to the District. However, all things considered, this is an item we can give up in that the District ultimately as liability obligations with respect to past contamination under applicable federal law rules. Please further note that you need to fill in the applicable blanks at Sections 2, 3, and 8 of the Agreement. S v& PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement is entered into this—day of ,2000(the "Agreement"), by and between the Capistrano Valley Water District (hereinafter"Seller"), and the Neely Family Trust (hereinafter "Buyer"). WHEREAS, Seller is the owner of certain real property (Assessor's Parcel # 675- 331-19 & 20) which is a surplus and unused water reservoir site consisting of approximately 14,875 square feet and is generally located in the northeasterly quadrant of Valle Road and Forster Ranch Road, approximately 500 feet easterly of a portion of privately owned Valle Road in the City of San Juan Capistrano; and WHEREAS, Buyer desires to purchase said real property under the below-stated terms and conditions; NOW, THEREFORE, BE IT RESOLVED between Seller and Buyer as follows: Section 1. Sale of Property/Purchase Price. Seller agrees to sell and Buyer agrees to purchase that certain real property more particularly described as Assessor's Parcel Numbers 675-331-19 and 675-331-20 located in the City of San Juan Capistrano for the purchase price of Thirty-Four Thousand Dollars ($34,000.00). Buyer shall pay the purchase price of Thirty-Four Thousand Dollars ($34,000.00) payable as follows: (a) Buyer shall pay Five Thousand Dollars ($5,000.00) by cashier's check on execution of this Agreement, payable to the Escrow Holder as a deposit to be applied to the price at close of escrow. Escrow Holder shall place the deposit in an interest-bearing account for the benefit of Seller. (b) Seller shall pay the balance of the purchase price by cashier's check at the time that escrow documents are finalized with the Escrow Holderwhich shall occur not later than three (3) business days before the close of escrow. The purchase price shall be paid to Seller at close of escrow. Section 2. Escrow Established. This sale shall be consummated through an escrow established with , California. The closing date for the escrow will be 2000. Escrow shall be considered opened when both parties deposit fully-executed escrow instructions with escrow holder and "close of escrow"shall be when the grant deed to the property is recorded. c:\myfiles\neely\purchme.agr -I- 09/13/00 0 0 Within ten (10) days after execution of this Agreement, each party agrees that this Agreement shall constitute the escrow instructions and Seller shall provide the designated escrow holder with a fully-executed original of the Agreement. The Close of Escrow date may be mutually decided by written agreement between the parties. Section 3. Conveyance of Title. Seller shall, by grant deed, convey to Buyer a fee simple interest free and clear of all title defects, liens, encumbrances, deeds of trust and mortgages, excepting those encumbrances identified in the preliminary title report and attached as Exhibit "A" to this Agreement. Seller shall procure a standard land title association policy of title insurance in the amount of the purchase price to be paid by Seller and to be issued by showing title as it is to be vested in the name of the Buyer, subject to the exceptions noted above. Section 4. Proration of Taxes. Insurance. and Interest Real property taxes, interest on assessments assumed by Buyer, rents, insurance premiums on any insurance, to the extent that there are any of the aforementioned, shall be prorated as of the closing date on the basis of a thirty (30) day month. Section 5. Closing Costs. Seller shall be responsible only for paying all costs and expenses of clearing title, preparing, executing, acknowledging, and delivering the grant deed. All other costs, including recording and other escrow costs, shall be borne by the Buyer. Section 6. Condition of Property. (a) The subject real property includes water reservoir improvements, all of which are deemed surplus property by Seller. Buyer warrants that Buyer has inspected all of the property. Seller hereby represents and warrants to Buyer that,to the best of Seller's actual knowledge, and without any independent investigation having been made by Seller, no hazardous materials are located on or under the property; there has been no release, storage, treatment, generation, or disposal of any hazardous materials on, under, or from the property; and that no hazardous materials have been transported from the property. The parties agree that the purchase price of the property has been discounted to reflect the existing condition of the property. cAmyfiles\neely\purchase.agr -2- 09/13/00 Buyer agrees that, as of the close of escrow, it will be acquiring the property in "as- is" condition with all faults and conditions then existing on the property, including any hazardous substances or hazardous wastes that may be located on, under, or around the property, whether known or unknown, and Buyer assumes all responsibility for such faults and conditions. (b) Buyer further acknowledges that it has reviewed the City's appraisal report for the property. The R. P. Laurain &Associates' report dated June 8, 1999 states in part: "The subject property is located within the northeasterly quadrant of Valle Road and Forster Ranch Road. It should be noted that access to the subject property is via an apparent implied easement over the surrounding privately- owned property. It is assumed, however, that access to the property is for the purpose of maintenance and repair of the existing water reservoir; it is further assumed that in the event the water reservoir is abandoned the subject property will be effectively 'landlocked'. Buyer agrees and understands that there is a potential legal limitation regarding access rights to the parcel as described above. Buyer willingly and knowingly agrees to take title subject to this access limitation." Section 7. Disputes. (a) Mediation. Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be borne equally among the parties. (b) Arbitration. Buyer and Seller agree that any dispute or claim in law or equity arising between them out of this Agreement, or any resulting transaction which is not settled through mediation, shall be decided by neutral, binding arbitration. The parties shall mutually agree upon the methodology for selection of an arbitrator. (c) Attorneys' Fees. In the event of a dispute, neither party shall be entitled to attorneys' fees in the event that an enforcement action or mediation is brought pursuant to the terms of this Agreement. Section 8. Notices. All notices and demands shall be given in writing by personal service or first class mail, postage prepaid in the U.S. mail. Notices shall be addressed as shown below for each party, except that, if any party gives notice of a change of address, notices to that party shall thereafter be given as shown in that notice. c:\myfiIes\neely\purchase.agr -3- 09/13/00 r • To Seller: Capistrano Valley Water District c/o George Scarborough, Executive Director 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Buyer: Neely Family Trust c/o Section 9. Planning and Zoning for Property. This Agreement in no manner is intended to conveyor imply that Buyer may use the subject property for any intended purpose Buyer may so desire. Buyer agrees and acknowledges that Buyer must secure applicable planning and zoning entitlements from the City of San Juan Capistrano prior to constructing any structural improvements to the property. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. Seller: Capistrano Valley Water District By: Buyer: Neely Family Trust By: ATTEST: By: Cheryl Johnson, Clerk of the Board APPRg D S TO RM: By: John I. Shaw, District Counsel c9myfiles\neely\purchase.agr -4- 09/13/00 0 Memorandum September 8, 2000 TO: John Shaw, City Attoreny FROM: Cindy Russell, Administrative Services Directord- SUBJECT: McCracken Hill Reservoir Sales Agreement (Neely) Mr. Neely's attorney and I were unable to make contact, therefore he has forwarded to me his comments regarding the agreement prepared by your office. Please review the attached and let me know how to proceed. Please contact Mr. Goldfarb if you need to speak with him about these comments. CP C:VdyFiles\PROPERTY\McCmcken Hill Property(CWVD)\Goldfarb comments.wpd A, ,.,� , �.�,.F „ RUTAN R1AT�RT.. &TUCKERaIT I '1 FIIIEN 11 .. AIII, FEE" 'III IRI Ill RE.1.TR A T T O R N E Y S A T L A W II AIL " II A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS `'Ri�Ew.. T.A T INN LLIIIF OL I, 611 ANTON ROULEVARD,FOURTEENTH FLOOR in To COSTA MESA.CALIFORNIA 92626-1998 IR DIRECT ALL MAIL TO.POST OFFICE BOX 1950 uu III uAE D o AIRAml I COSTA MESA,CALIFORNIA 92628 1 9 5 0 [E-D i, TELEPHONE 714-641-5100 FACSIMILE 714-546-9035IT AN ANT xe � niRrou,new 111 INTERNET ADDRESS www TIEPIN Com IA6..1A IT, .uTnow R RIA U"N'A'I ml I PART Fl A UATnPPR1 Ii Direct Dial: (714)641-3488 E-mail:jgoldfarb@mtan.com August 25, 2000 Cynthia L. Russell Administrative Services Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Neely Project Dear Cindy: 111, I have called on several occasions regarding the agreement for the reservoir site but have not heard back from you. We have reviewed the agreement proposed by the City regarding the site. While conceptually the agreement looks acceptable, we have grave concerns regarding certain provisions in Section 6 regarding the "condition of the property." Specifically, subsection (A), paragraph 3 of Section 6 provides: "Buyer hereby agrees to indemnify and hold harmless Seller, its appointed officials and elected officials, its employees and agents, from and against any and all costs, damages, claims and liabilities, including reasonable attorney's fees, foreseeable and unforeseeable, directly or indirectly arising from any release, treatment, use, generation, storage, or disposal of hazardous materials on, under, or from the property at any time before or after close of escrow. . . ." In essence, the agreement asks my client to indemnify the City against any and all hazardous chemicals that may have been used on the property prior to his purchase of the property. We believe this provision is unreasonable. For instance, if, 60 years ago, the City used a chemical in the reservoir which seeped into the soil, my client would be agreeing to indemnify the City against any harm the use of that chemical created. My client does not have the financial means to agree to any such indemnification. Pr , TPc 261/016131-0003 107831.01 008/17/00 RUTAN &TUCKER: Cynthia L. Russell August 25, 2000 Page 2 I would like to discuss this issue with you further. I will be out of the office until after Labor Day. I would like to call you upon my return. Sincerely, RUTAN & TUCKER, LLP Jeffrey A. Goldfarb JAG:jh cc: Jerry Neely 261/016131-0003 107831.01 a08/17/00 MEMORANDUM May 26, 2000 TO: Cindy Russell, Administrative Services Director CC: Sam Shoucair, Senior Engineer FROM: Craig L. Harris, Assistant Engineer C44— SU13JECT: McCracken Hill Reservoir Property As the City Attorney requested, the attached constraints map and title report have been reviewed with no connections required, however the easements referred to as easements 3A and 3D must be reserved. I have also received and reviewed the legal description and easement sketch of the surplus property with no corrections required, therefore I am forwarding the originals to you to incorporate into the sale documents. CLH/ch C1G_DRV1McCRAIENAOC li A0, B, I � � l/ 1 I I zb' I II 1p 4 k � � 1 o 0 g I ,y ,O J /,,/ / I I I I_ S07°41'20"W 9. 12' / � I \I\ S7g•14•4O E P.0.B. r/J 2zl \ SCALE I" JO" I EASEMENT FOR ROAD, PIPELINE \ AND POWER LINE PURPOSES I TO BE USED IN COMMON PER PCL.4, BOOK 2110, PAGE 407, 0.R. EXHIBIT nBn SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR CITY OF SAN JUAN CAPISTRANO SHEET 1 OF 1 SHEET CAPISTRANO VALLEY WATER DISTRICT SURPLUS PROPERTYRobert Bein,Williem Frost & Associates McCRACKEN RESERVOIR SITE PROFESSIONAL ENpNEERS,PLANNERS k SURVEYORS / - 1"t o.n•n-aem ron m-ung CONTAINING: 0.354 AC f V i MAY 15, 2000 J.N. 10-1"10 K IG9Pt5MATAIIDIDMIDIDYGli,YHIBITSBIOEXOOI.D#G ROBERT BEIN, WILLIAM FROST & ASSOCIATES 14725 Alton Parkway Irvine, California 92618 May 15, 2000 JN 10-100810-01 Page 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION CITY OF SAN JUAN CAPISTRANO CAPISTRANO VALLEY WATER DISTRICT SURPLUS PROPERTY McCRACKEN RESERVOIR SITE That certain parcel of land situated in the City of San Juan Capistrano, County of Orange, State of California, being the "Reservoir Site" as shown on a map filed in Book 21, Page 41 of Record of Surveys in the Office of County Recorder of Orange County, California, more particularly described as follows: BEGINNING at the most southerly corner of said "Reservoir Site"; thence along the southeasterly, northeasterly, northwesterly and southwesterly lines of said "Reservoir Site" through the following courses: North 15045'20" East 154.65 feet; thence North 74014'40" West 99.65 feet; thence South 15045120" West 145.62 feet; thence South 07041 '20" West 9.12 feet; thence South 74014'40" East 98.37 feet to the POINT OF BEGINNING. CONTAINING: 0.354 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made rt hereof. �O%AND SG u\�Q'McyGctiG�c Kevin D. Mc Jr. .S. 6310 � * LS 6310 N� Etip.9/30/02 PC �F� Eric Bauman • • To: Amy Amirani Cc: Cindy Russell Subject: sale of McCracken Reservoir property Amy: I reviewed the constraints map regarding the McCracken Reservoir property and the easements in which water distribution pipelines exist. The water system no longer needs the reservoir site itself, described as parcels A & B in the constraints map. It should be noted that this is contingent on the inlet / outlet line to the reservoir being properly removed and capped outside the property in question. I am at current unable to verify the status of this issue. The water system has, and needs to maintain lines in the easement for Forster Ranch road; described as easements 3A and 3D on the constraints map. The water system has an 8" line in this easement and cannot function adequately with out it. I would like to note that Pacific Pointe Developers had borne the cost of removing the reservoir. This would change the valuation of the land from $34,000 to $56,000. Ralph Laurain &Associates estimate of the cost of removing the reservoir at $21,000, and the cost of filling the hole at $12,000. As of 05.09.00 the reservoir has been removed, but the hole it left remains to be filled. Eric P. Bauman P 949.487.4312 0 Memorandum May 3, 2000 TO: Bill Huber, Engineering and Buildingrector Amy Amirani, Public Works Director 7 (7 7 FROM: Cindy Russell, Administrative Services Dire c MAY 0 4 2000 SUBJECT: McCracken Hill Reservoir Property The City Attorney has requested that the attached constraints map and title report be reviewed and a decision made as to what easements need to be reserved or eliminated. Additionally, please provide any additional easements that may not be existing. I would like to receive this information no later than Monday May 15, 2000. Please let me know if you have any questions. CP C:WyFlles\PROPERTY\mccmckenwnstraints.wpd ?7r-zl�' es�s�� t�•p .¢ ��fJ � /� � /�s�SC!'✓/02 �s •4�.js✓pouf., GJiGC— ae� 77fi;- f/roll 6.-.291/-L /tA�r'� 12c6d.Qc>/rWZ - f,,j Tis �S epNLy rVez v5a7:5 oNCT J��yz A R P . LA D R A I N E & A S S O C I A T E S INCO RPO RATED 3353 LINDEN AVENUE, SUITE 200 LONG BEACH, CA 90807-4503 June 8, 1999 TELEPHONE (562) 426-0477 FACSIMILE (562) 988-2927 Ms. Cynthia L. Russell ' Director of Administrative Services City of San Juan Capistrano 32400 Paseo Adelanto ' San Juan Capistrano, California 92675 Subject: Water Reservoir Site ' Easterly of Valle Road San Juan Capistrano, California 1 Dear Ms. Russell: In accordance with your request and authorization, we have personally tinspected and appraised the above-referenced I-roperty. The appraisal study included (1) an inspection of the subject property, (2) review of market data (land sales) in the immediate and general subject market area, and (3) a ' valuation analysis. ' The subject property is located within the northeasterly quadrant of Valle Road and Forster Ranch Road. It should be noted that access to the subject property is via an apparent implied easement over the surrounding privately- owned property. It is assumed, however, that access to the property is for the purpose of maintenance and repair of the existing water reservoir; it is further assumed that in the event the water resE;rvoir is abandoned the subject property will be effectively "landlocked." The subject property is currently improved with a water reservoir utilized by the Capistrano Valley Water District. The water reservoir is of concrete con- struction with corrugated metal roofing, contains 4,285 square feet, and has a depth of 10 feet. It is understood that the water reservoir is to be abandoned. The highest and best use of the subject property, assuming the water reser- voir site is vacated, would be (1) speculative investment for resale at a higher price at some future date, or (2) joinder with the surrounding privately-owned property. Further, prior to the highest and best use of the subject property, it is necessary to demolish and clear the existing water reservoir structure, and fill the excavation. APPRAISERS - ANALYSTS Ms. Cynthiaj-. Russell Director of Administrative Services City of San Juan Capistrano June 8, 1999 Page 2 The subject site contains a total land area of 14,875 square feet. The topog- raphy is effectively level and the site offers a very good hilltop view. The subject property has been appraised based upon the value of the underlying land parcel, less the costs to demolish, clear and fill the existing water reservoir. It should be noted that the underlying land value was discounted due to the assumed lack of access following the water reservoir abandonment. The purpose of the appraisal study is the estimation of the market value of the subject land. The definition of market value is set forth in the latter portion of this report, in the Addenda Section. After considering the various factors which influence the value of the subject property, the unencumbered fee simple market value, as of June 4, 1999, is summarized as follows: Land value, as if vacant: $67,000. Demolition and clearing costs: - 21,000. Fill and compaction costs: - 12,000, ' Final estimate of value: $34,000. The subject property has been appraised as though free of soil contaminants. I The cost of soil remediation, if necessary, should be deducted from the final estimate of value indicated above. ' The foregoing values are subject to (1) the assumptions and limiting condi- tions set forth in the Addenda Section, (2) the valuation study set forth herein, and (3) the valuation analysis contained in our office file. No portion of this ' report shall be amended or deleted. R . P. LAURAIN & ASSOCIATES Ms. Cynthia_L. Russell Director of Administrative Services City of San Juan Capistrano June 8, 1999 Page 2 The subject site contains a total land area of 14,875 square feet. The topog- raphy is effectively level and the site offers a very good hilltop view. The subject property has been appraised based upon the value of the underlying land parcel, less the costs to demolish, clear and fill the existing water reservoir. It should be noted that the underlying land value was discounted due to the assumed lack of access following the water reservoir abandonment. The purpose of the appraisal study is the estimation of the market value of the subject land. The definition of market value is set forth in the latter portion of this report, in the Addenda Section. After considering the various factors which influence the value of the subject property, the unencumbered fee simple market value, as of June 4, 1999, is summarized as follows: Land value, as if vacant: $67,000. ' Demolition and clearing costs: - 21,000. Fill and compaction costs: - 12,000, ' Final estimate of value: $34,000. The subject property has been appraised as though free of soil contaminants. ' The cost of soil remediation, if necessary, should be deducted from the final estimate of value indicated above. ' The foregoing values are subject to (1) the assumptions and limiting condi- tions set forth in the Addenda Section, (2) the valuation study set forth herein, and (3) the valuation analysis contained in our office file. No portion of this ' report shall be amended or deleted. R P. LA U RA I N ' & A 5 .c�Cfo A T E 5 Ms. Cynthial. Russell Director of Administrative Services City of San Juan Capistrano June 8, 1999 Page 3 This summary appraisal report is submitted in triplicate; we have retained a file copy. If you require any additional information from our file, it would be appreciated if you would contact the undersigned. Very truly yours, ' R. P. RAIN &ASSOCIATES, INC. ' o P. Laur Senior Appraiser aid P. Laurai C rtified G ral Real Estate Appraiser Certified General Real Estate Appraiser ' alifornia Certification No.AG 025754 California Certification No.AG 007689 Renewal Date April 16, 2001 Renewal Date November 5, 2000 ' JPL:RPL:II I I & ASSOCIATES PM 9050 °M 91/4 °M 9/-l4 °v;`O goPJRO JR/ PaP2 2 J Oi0 it 2 3 RS 53 /J m pec°J PN 1 2 R 5 93 92 Rs 6522 1.R ' PM9042 O PAR/ g 14 n�c�i 9'50 5 z W 07 °M 54 / Q J a P.M 9043 18 Q PN�9s 29 33� IS - 984AC CNa P" 29 Pe 90-43 °AR 1 Oi6 6<:h? • RS5/4/ Pe 99-29 i2 ..0 PP4RC/93 17 i/PPO.>y 3 459 a:a/ ee.:. 8 SITE DESCRIPTION LOCATION: Located in the northeasterly quadrant of Valle Road and Forster Ranch Road, approximately 500± feet easterly of a portion of privately- owned Valle Road, in the City of San Juan Capistrano. LAND SHAPE: Effectively rectangular land configuration. DIMENSIONS: 99.78' x 154.65' x 98.42' x 145.56'. ■ LAND AREA: 14,875± square feet. * TOPOGRAPHY: Effectively level topography. DRAINAGE: Appears to be adequate. SOIL STABILITY: Appears to be adequate. SOIL CONTAMINANTS: None known, hc.vever, a soils study has not been provided for review. The subject prop- erty has been appraised as though free of soil contamination. ACCESS: The subject property is located 500± easterly of the privately owned and improved portion ' of Valle Road, and does not have direct access from a public or private right-of-way. Access to the subject site is apparently via an implied easement over the surrounding privately-owned property. It is assumed that the implied easement is for service and main- tenance purposes; in the event the water reservoir use is abandoned, it is further assumed that access to the site would be ' prohibited and the subject property would be "landlocked." ' RIGHT-OF-WAY WIDTH: Valle Road (private): 20±feet. STREET SURFACING: Asphalt paving. ' CURB AND GUTTER: None. ' R . P . L A U R A I N 8: ASSOCIATES APPRAISERS-ANAL STS 1-2 JERRY W. NEELY P.O. BOX 1119 SAN .JUAN CAPISTRANO, CALIFORNIA 92693 August 15,1999 Mr. George Scarborough City Manager 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Dear George, Jerry W. Neely and Nancy C. Neely, as trustees of the Neely Family Trust of March 9,1989 offer to purchase the property known as the McCracken Hill Reservoir Site for the appraised value of thirty four thousand dollars ($34,000.00) as established by the appraisal firm of R.S. Laurain &Associates on June 6,1999, Please let us know the acceptability of our offer and the necessary steps to proceed. Sincerely, Jerry y Nancy Neely SJD Partners*td 5109 E.La Palma . Suite Anaheim,Ca.92807 August 13, 1999 Mr.Jerry Neely P. O. Box 1119 San Juan Capistrano,Ca.92693 Dear Mr.Neely: In order to clarify the status of SJD Partners, Ltd. C'SJD') efforts on your behalf with regard to your property in San Juan Capistrano, I have listed below the items we are undertaking for your benefit in consideration of the slope failure on your property in April 1998. 1, SJD will prepare and process for City of San Juan Capistrano ("City") approval a remedial repair soils report and grading plan for your property to replace the slope areas that failed. 2, SJD will re-grade the area of the approved plans to repair the slide area, build 2:1 slopes with benches and do all removals of unsuitable material necessary to create future buildable lots with a 1.5 to 1 Factor of Safety within your property pursuant to the approved repair plans. SJD will also prepare and process for City approval a Tentative rract Map for your property,consisting of 31 lots approximating 1/2 acre in size. 3. SJD will construct a temporary water line to the McCracken Hill reservoir, for connection of McCracken Hill to a City water source. SJD will remove the existing reservoir on McCracken Hill with the remedial grading efforts listed in Item 2 above.We have indicated to the City that we offer to purchase the existing reservoir site at it's appraised cost of$34,000, as indicated in the appraisal for this property conducted by John Laurin of R. P. Laurin and Associates, and provide it to you as a part of your future development plans for your land. We will pay the associated escrow and attorney fees related to this transfer. SJD will also provide a permanent connection for water to the new system to be developed in the Pacific Point project when it is completed. 4. SJD will prepare and submit for City approval a Development Agreement for your property, a copy of which has already been drafted for your review. 5. SJD will underground overhead power and telephone lines on your property, including removal of the"Nixon power pole'at the reservoir site. 6. SJD has resurfaced a portion of your driveway, and will replace the necessary stamped concrete entry area on your driveway as well. We will also reimburse you for costs incurred for your repair of electrical lines that we severed on your site on a previous date. 7. SJD will provide a 20-foot wide paved emergency access road from the future"A' Street in Pacific Point to Valle Road along the south side of your property and provide a chain gate prohibiting entry to your property from this area until future development of your land. B. SJD will provide sewer lines and connections to the new sewer main in "A' Street within Pacific Point in order for your 2 houses to tie into this system. 9. SJD will provide funds in an amount to be determined to replant trees on your property that is regraded.This amount will take into account your estimates for replacement work. • • September 10, 1994 10, SJD will provide the needed documentation for execution of lot line adjustments, easements for grading and water line construction,and any other agreements for execution between SJD and you to implement these items. We will provide the construction easement to you for your review separately from this correspondence. 11, SJD will reimburse you for your attorney fees incurred as a result of review of the above mentioned documents. 12, SJD will reimburse you the sum of$2,000 for costs incurred for repair of irrigation lines broken from the slide occurrence. 13, In consideration of the items set forth herein, and by your signature below, you expressly release and discharge SJD, its employees,agents and successors and assigns from all claims and causes of action you ever had,now have,or may have in the future,known or unknown,or that any person claiming through you may have or claim to have against SJD by or arising out of any SJD construction activity on or about your property, authorized or otherwise.You acknowledge that you voluntarily and knowingly execute this release with the express intention of effecting the legal consequences provided in Civil Code section 1541,that is,the extinguishment of obligations as set forth herein. This indemnity further extends to you providing a legal defense with respect to any legal action instituted by any party to invalidate this agreement. We wish to thank you for your cooperation and patience in working with us over the last few years as the Pacific Point project has moved forward. If you have any questions about these items, please let us know. Sincerely, ;j�� Ronald A. Freeman Vice President/Project Manager Accepted and Agreed to: Jerry Neely Date Nancy Neely Date • Page 2 PARCEL NUMBER TAX RA E AREA CONTROL M 875-341.08 23-007 M621371 COUNTY OF ORANGE CALL FO Ax LL c s s AUDITOR- JOHN M. W. MOORLACH, C.P.A., CFP INFORMATIONCONTROLLEF CURRENT YEAR FOR INFORMATION ON: TREASURER-TAX COLLECTOR C PAYMENTS OR ASS SEED VALUES N 0 12 1CTo POl BoxPlaza680, Santa Am,8 0 CA 9270292980 qw DELINQUENCIES (714 834-2941 CPROPEPTVITA% YEAR SECURED PROPERTY TAX BILL `' HOMEOWNEREXEMPTIONS 1714)884-3411 EXEMPTIONS 1998 (714)834-3821 17141834-2451999 Flacal Year July 1, 1998 - June 30, 1999 PROPERTY LOCATION: NO SITUS WEBSITE: WWW.00.CA.GOV/TREAS OWNER OF RECORD AS OF 12:01 A.M. ON JANUARY 1, 199& LEGAL DESCRIPTION: VESTING CODA NEELY, JERRY W ET AL TR R S 004-15 PAR 8 POR OF P TR ASSESSED VALUES HIL, I[Iloilo III IIII IIIII I II IIIIIIIII III,uIIII ninl 11#1111 DESCRIPTION FULL VALUE '*************** 5-DIGIT 92693 675-341-06 LAND 121,198 NEELY, JERRY W ET AL TR IMPROVEMENTS - BUILDING 242,294 P 0 BOX 507 SAN JUAN CAPISTRANO CA 92693-0507 COMPUTED TAX TOTAL VALUES: 383,492 4,059.; TOTAL NET TAXABLE VALUE: 383,492 4-,09-9.- ATTMION TYPE SERVICE AGENCY (A) SASE RATE * VALUE ION TO PAY BY CREDIT CARD NOW AVAILABLE. SEE Al BASIC LEVY 1.00000 363,492 3,534.1 PARAGRAPH 1(B) ON REVERSE SIDE. Al SN JN CAP CTY B 1990 .05880 383WO-MM ,492 253.' PAYMENT BY L : SEE PARAGRAPH 1(A) ON REVERSE Al WO-MM -A M7 .00890 383,492 32.7 SIDE. Al CAP VAL WAT BOND .00440 383,492 18.0 Al CAP VAL WTR RESV 80 .00185 383,492 8.7 PLEASE NOTE: YOU WILL NOT RECEIVE A SEPARATE BILL Al CAP UNIF BOND .00009 383,492 OR REMINDER NOTICE FOR THE 2ND INSTALLMENT. SPL ASMNT USER FEES**** FOR INFO CALL: REFINANCE/LOAN PAYOFFS : IF YOU HAVE REFINANCED 83 VECTOR CONTROL CNIO (714)971-2421 12.• YOUR LOIN PLEASE MACE SURE YOUR PROPERTY TAXES C7 MWO WATER STOBY CHG (800)528-2710 103.1 WILL BE PAID. IF YOU HAVE PAID OFF YOUR LOIN, YOU ARE NOW RESPONSIBLE FOR PAYING YOUR PROPERTY TAXES. *** WRITE PARCEL NUMBER ON CHECK *** IMPORTANT INFORMATION ON REVERSE SIDE TOTAL: 1,09504 4,059.: FIRST INSTALLMENT r� SECOND INSTALLMENT TOTAL DUE 11/1/98-------► $2,029.64 DUE 2/1199--------- $2,029.64 DUE AND DUE PAYABLE PARCEL R3A E07AREA CONTROL M 876-3O20 A082137E COUNTY OF ORANGE CALL RTAXCOLLECTOR A s 6 A ITOR- JOHN M. W. MOORLACH, C.R.A., CFP NFORMATION CONTROLLEF TREASURER-TAX COLLECTOR CURRENT SEAR OR INFORMATION ON PAYMENTS OR ASSESSED VALUES 12 CivicCenter Plaza Rgom G56 $}Dta Ana, CA 92701 PRIOR YEAR COMPUTATION O Mail To: P.O. Box 1§60, Santa Ana, CA 92702-19 0 DELINQUENCIES (714) 894-2941 PROPERTY TAX SECURED PROPERTY TAX BILL HOMEOWNER (714)834-9411 EXEMPTIONS 1998-1999FIBoaI Year July 1, 1998 - June 30, 1899 (714)894-9821 1714)894-245. PROPERTY LOCATION WEBSITE: WWW.00.CA.00V/TREAS NO SITUS OWNER OF RECORD AS OF 12:01 A.M. ON JANUARY 1. 1998,- LEGAL DESCRIPTION: VESTING CODE NEELY, JERRY W ET AL TR R S 004-15 PAR 8 POR OF P TR ASSESSED VALUES H.Is Iiln I,11111111 IIII11181111n11u1111u1lu III 1'1'[ DESCRIPTION FULL VALUE ««wwwsssssssawww 5-DIGIT 92693 675-341-07 LAND 15,311 NEELY. JERRY W ET AL TR P 0 BOX 507 SAN JUAN CAPISTRANO CA 92693-0507 COMPUTED TAX TOTAL VALUES: 15,311 176.3 TOTAL NET TAXABLE VALUE: 18,311 178.3 ATTIM I T PE SERVICE AGENCY X 11 I 6A8E RATE II VALUE OPTION TO PAY BY CREDIT CARD NOW AVAILABLE. SEE Al BASIC LEVY 1.00000 16,311 153.1 PARAGRAPH 1(B) ON REVS E S Al SN JN CAP CTY B 1990 .08980 15,311 10.6 PAYMENT BY MAIL : SEE P 1(A) ON REVERSE At MWD-MUN OC-A M7 .00890 15,311 1.3 SIDE. Al CAP VAL WAT BOND .00440 15,311 .6 _ ggam�_ Al VAL WTR RESV BD .00186 15,311 .2 OREREMIR�R NOTICWILL FORTHER2NP I�ALE�rTE BILL Al UNIF BOND .00009 15,311 .C pA� �p� SPL ASM,11' USER FEES**** (FOR )INFO CALL: Y«;RN AE/LPLEASEVOMAKE SURE Y HAVE REFINANCED CC77 VECTOR STDBLY CHr CIG (800)528-2710 10.0 MILL BE PAID. IF YOU HAVE PAI OFF YOUR LOAN, YOU ARE NOW RESPONSIBLE FOR PAYI YOUR PROPERTY TAXES. *** WRITE PARCEL NUMBER ON CHECK *** IMPORTANT INFORMATION ON REVERSE SIDE 11 TOTAL: 11.095041 1 176.3 FIRST INSTALLMENT SECOND INSTALLMENT TOTAL DUE 11 -- DUE 2/11/99--------- $88.15 DUE AND $176.3 PAYABLE PARCEL NUMBER TA% RATE AREA CONTROL M 878=331-18 23-007 A0B21380 COUNTY OF ORANGE GALL FOR TAX COILLECTO SOR AUDITOR- JOHN M.W. MOORLACH, C.P.A., CFP INFORMATION CONTROLLER CURRENT YEAR OR INFORMATION ON: TREASURER-TAX COLLECTOR PAYMENTS OR 72 Civic Canter Plaz4 Room G58♦San Ana, CA 92701 PRIOR YEAR ASSESSED VALVES COMPUTATION 01 Mail TO: P.O. BOX 1980• Santa Ana, CA 92702-1980 DELINQUENCIES (714) 894-2841 PROPERTY TAX SECURED PROPERTY TAX BILL � HOMEOWNER (714)89x-9411 EXEMPTIONS 17141834-3821 1714!894-245. 1998-1999FIBcal Your July 1, 1998 - June 30, 1999— PROPERTY LOCATION: WEBSITE: WWW.00.CA.GOV/TREAS NO SITUS OWNER OF RECORD AS OF 12:01 A.M. ON JANUARY 1, 199& LEGAL DESCRIPTION: VESTING CODE NEELY, JERRY W ET AL TR R S 004-15 PAR 8 POR OF P TR ASSESSED VALUES DESCRIPTION FULL VALUE rrrrrwarrrr arrrw 5-DIGIT 92693 675-331-18 107,455 NEELY, JERRY W ET AL TR P 0 BOX 507 SAN JUAN CAPISTRANO CA 92693-0507 COMPUTED TAX TOTAL VALUES: 107,485 1,287.: - - TOTAL NET TAXABLE VALUE: 107,486 1,287.: AT'Ifs"10k TAX RAT AMOUNT - TYPE SERVICE AGENCY Oil BASE RATE a VALLA OPTION TO PAY BY CREDIT CARD NOW AVAILABLE. SEE Al BASIC LEVY 1.00000 107,455 1,074.! PARAGRAPH 1(8) ON REVERSE SIDE. Al SN JN CAP CTY B 1990 .08980 107,455 75.1 PAYMENT BY NNAAIL : SEE PARAGRAPH 1(A) ON REVERSE Al MWD-MM OC-A X7 .00890 107,455 9.! SIDE. Al CAP VAL WAT BOLO Dow 107,455 4.' Al CAP VAL WTR RESV BO .00185 107,455 1., PLEASE NOTE: YOU WILL NOT RECEIVE A SEPARATE BILL Al CAP INIF SOW .00009 107,455 OR REMINDER NOTICE FOR THE 2ND INSTALLMENT. SPL ASMNT USER FEES**** (FOR I)t�O CALL: YEOUR /LPLEASEYOMAKE SURE YMIR�PROPERTY TAXES C7 MWIDDWATER�90BLY CHO CHO (800)528-2710 89.: WILL BE PAID. IF YOU HAVE PAID OFF YOUR LOAN, YOU ARE NOW RESPONSIBLE FOR PAYING YOUR PROPERTY TAXES. CV,4, 11- **• WRITE PARCEL NUMBER ON CHECK •ra IMPORTANT INFORMATION ON REVERSE SIDE I TOTAL: 1.08504 1,287. FIRST INSTALLMENT SECOND INSTALLMENT ��TOTAL DUE 1111/98------ ► DUE 211!99--------- DUE AND $1,267_ PAYABLE LAWYERS TITLE COMPANY 18551 Von Barman Avenue, Suite 100 Irvine, CA 92612 PRELIMINARY REPORT City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cynthia Russell Escrow Officer: Cynthia Russell Telephone: 949-493-1171 Fax: Your No. : Capo Valley Property Address: Our No. : 0000042-12 San Juan Capistrano, CA Title Officer: John Marten Direct Line: (949) 223-5520 Fax Line: (949) 261-6927 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the conditions of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CLTA Preliminary Report (Rev. 1-1-95) 0 ORDER NO. : 0000042-12 SCHEDULE A Date of Report: 02/16/00 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: Capistrano Valley Water District 3. The land referred to in this report is situated in the State of California, County of Orange , and is described on the attached Exhibit A. 1 1 ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 2011 West 100 feet; thence North 670 30' 2011 West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 4011 East 78.48 feet; thence North 15° 45' 2011 East 30 feet to the TRUE POINT OF BEGINNING; thence North 15° 45' 2011 East 94 .65 feet; thence North 740 14' 4011 West 39.65 feet; thence South 150 45' 2011 West 94 .65 feet; thence South 74° 14' 4011 East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 2011 West 100 feet; thence North 670 30' 2011 West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 4011 East 10 .11 feet to the TRUE POINT OF BEGINNING; thence continuing South 740 14' 4011 East 98.37 feet; thence North 150 45' 2011 East 154.65 feet; thence North 740 14' 4011 West 99.65 feet; thence South 15° 45' 2011 West 145.62 feet; thence South 70 41' 2011 West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 2011 West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 4011 East 78.48 feet; thence North 15° 45' 2011 East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 2011 East 94.65 feet; thence North 740 14' 4011 West 39.65 feet; thence South 150 45' 2011 West 94.65 feet and thence South 740 14' 4011 East to the point of beginning. 0 ORDER NO. : 0000042-12 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACS PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2000-2001 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: lay and maintain water pipes and take water through said land Recorded: October 6, 1930 Book 428, Page 75 of Official Records Affects: portion of Parcel A Reference is made to said document for full particulars. 2 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Consolidated Gas 6 Electric Company Purpose: pole lines Recorded: January 21, 1941 Book 1072, Page 563 of Official Records Affects: said deed provides that the route of said line of poles shall be erected as follows: Beginning at Station 441+55.38 on the center line of the State Highway as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of Orange County, California; thence South 580 00' East 1081.6 feet; thence North 790 52' East 668.7 feet; thence North 75° 44' East 342.6 feet. Reference is made to said document for full particulars. 3. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: underground pipe lines Recorded: Book 2110, Page 407 of Official Records Affects: portion of said land Reference is made to said document for full particulars. ORDER NO. : 0000042-12 SCHEDULE B (continued) 4. Matters contained in Record of Survey, as per map filed in Book 4, Page 15 and Book 21, Page 41 of Record of Survey, in the office of the County Recorder of said County. Reference is made to said map for full particulars. 5. Covenants, conditions and restrictions as set forth in the document. Recorded: Book 4984, Page 448 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said matter affects: Parcel B 6. The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: San Juan Capistrano Central Redevelopment Project Area Recorded: May 22, 1984 Instrument No. 84-212085 of Official Records 7. Lack of a right of access to and from the land. Attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. Please inform us if access has been, or is to be, established by means of an appurtenant easement. This will require additional time and expense to search and report upon before title insurance can be approved. ORDER NO. : 0000042-12 SCHEDULE B (continued) END OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE "NOTES AND REQDIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. ORDER NO. : 0000042-12 NOTES AND REQUIREMENTS NOTE NO. 1: SPECIAL NOTICE California Insurance Code Section 12413.1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulates the disbursement of escrow funds by Title Companies. Funds received by Lawyers Title Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1. We have received confirmation of the respective incoming wire. 2 . Collection of a deposited check. Wires directed to this office of Lawyers Title Company must be directed to: UNION BANK 1980 SATURN STREET MONTEREY PARK, CA 91754 ACCOUNT #: 9120014096 ABA#: 122000496 FOR: (list our Order Number) NOTE NO. 2: This Company will require the following to insure a loan or a conveyance from, the entity named below: Capistrano Valley Water District (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. NOTE NO. 3 : The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. ORDER NO. : 0000042-12 NOTE SECTION (continued) NOTE NO. 4 : There are no conveyances affecting said land, recorded within six (6) months of the date of this report. DISTRIBUTION: jm/rd Plats and CC&R's enclosed Typed: 02/23/00 "This plat is for your aid in locating your land with reference to streets and other parcels.While this plat is believed to be correct, the Company Assumes no liability for any loss occurring by reason of reliance thereon" �LT>� 1 wyersTideCmpany ws-33 11a...IM.II�MI W IVIpI4�1M0lCOINIT wlWl�No-^1A°�rvXWIWNLILT xorm�i�R'�oeerd'wiu.lp+Rxn01N°ri�rm ecnrl.anarwcBl.nYARBeRa 36 ISP' M I � M9/-l( 2 '+ PK.9030 PAR/ PIR P D � IN 90 -- .• O1e II B B I l RS.3313 RS6J-2P• C R.S.4342RS 43 42 PAW 42 OS. �PMR.2W ( F PO/ /z/00 '� zOJ1 AO,CJ O 10 " Y - gyp•• 1 3 b ,h6. PK .IJO PAR.l W �a 0 B e IN C /MR! BBIIC PK M ^ Spy anov ( MRS 43-11 I J/PCd g PN 90-43 4 p MRI h _ •up PR 98.29 _ 4 MR.�rjl� ,6 _ O1 f • /.40ff RSJ/1 "•4 ( PN 9B-ri PAR. Bi a „•sb MR.2 ,t PK 90-43 PAR I PAR. A c 1433 A651 le C PM �� tze' n•P' } J IN C, B C C C „or 34 � C MARCH 1983 PARCEL MAP PM 54-/,go-42,90-43,90,5O,9/-/4,98-29NOTE-ASSESSOR'S BLOCK d ASSESSOR'S MAP C RECORDSURVEr RS 43-42 PARCEL NUMBERS BOOK675PAGE33 O C SHOWN IN CIRCLES COUNTY OF ORANGE H • 2 E)hh,lA R-v612r%) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERRE POLICY — 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excludedlW the coverage of this policy and the Company 1 pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(!)the occupancy,use or enjoyment of the land;(ii)the character,dimensions or location of any Improvement now or hereafter erected on the land:(til)a separation In ownership or a change In the dimensions or area of the land or any parcel of which the land Is cr was a part;or(Iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3, Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,nor recorded in the public records at Date of Policy but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy:or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated. 5, Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mort gage and is based upon usury or any consumer credit protection or truth in lending law 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors"rights laws, EXCEPTIONS FROM COVERAGE —SCHEDULE B, PART I This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the 3. Easements,liens or encumbrances,or claims thereof,which are not records of any taxing authority that levies taxes or assessments on real shown by the public records. property or by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, Proceedings by a public agency which may result In taxes or assess- encroachments,or any other facts which a correct survey would dis- ments,or notices of such proceedings,whether or not shown by f-e close,and which are not shown by the public records. records of such agency or by the public records. 5, (a) Unpatented mining claims; (b) reservations or exceptions in 2. Any facts,rights,interests or claims which are not shown by the pub- patents or In Acts authorizing the issuance thereof;(c)water rights,claims lic records but could be ascertained by an inspection of the land which or title to water,whether or not the matters excepted under(a),(b)or(c) may be asserted by persons in possession thereofare shown by the public records, AMERICAN TITLE ASSOCIATION OWNER'S POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneysfees or expenses which arise by reason of'. I, (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(I)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any Improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(Iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records of Date of Policy (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters, (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded In the public records at Date of Policy,but known to the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy:or (e)resulting in loss or damage which would not have been sustained If the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest Insured by this policy,by reason of the operation of federal bankruptcy,state Insolvency or similar credltors'rights laws that is based on. (i)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the transaction creating the estate or Interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:(a)to timely record the instrument of transfer:or(b)of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against losscosts,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation,This includes building and zoning ordinances and also laws and regulations concerning, • land use land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 7. The right to take the land by condemning U,unless: • a notice of exercising the right aper,--in the public records on the Policy Date • the taking happened prior to the Pc rte and is binding on you if you bought the Ione_ at knowing of the taking - 3, Title Risks: _ • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared on the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to In item 3 of Schedule A or • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule B,You are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1, Governmental police power,and the existence or violation of any law or government regulation.This includes ordinances,laws and regulations concerning: a. building b. zoning o. land used d. Improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation of enforcement appears in the Public Records at the Policy Dote. This Exclusion does not limit the coverage described In Covered Risk 14,15,16,17,or 24. 2. The failure of your existing structures,or any part of them,to be constructed in accordance with applicable building codes,This Exclusion does not apply to vlolatlons of building codes If notice of the violation appears in the Public Records at the Policy Date, 3, The right to take the Land by condemning it,unless: a. a notice of exercising the right appears In the Public Records at the Policy Date:or b. the taking happened before the Policy Date and Is binding on You if You bought the Land without Knowing of the taking. 4. Risks. a. that are created,allowed,or agreed to by You,whether or not they appear In the Public Records, b. that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date, c. that result In no loss to You:or d. that first occur after the Policy Date-this does not limit the coverage described In Covered Risk 7,8d,22,23,24 or 25. 5. Failure to pay value for Your Title. 6, Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b. In streets,alleys, or waterways that touch the Land, This Exclusion does not limit the coverage described In Covered Risk 11 or 18. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (Including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(I)the occupancy,use,or enjoyment of the land,(ii)the character,dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land Is or was part:or(Iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, Ien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy, 2. Rights of eminent domain unless notice of the exercise thereof has bee recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters. (a) created,suffered,assumed or agreed to by the Insured claimant, (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the Insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the insured claimant become an Insured under this policy: (c) resuming In no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent that this policy Insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for sheet Improvements under construction or completed at Date of Policy).or (e) resulting in loss or damage which would not have been sustained It the Insured claimant had paid value for the Insured mortgage, 4. Unenforceability of the on of the insured rr,ortgoge because of the inability or failure of the Insured at Date of Polley,or the Inability or falure or cony subsequent owner of the indebtedness,to comply with applicable doing business laws of the state In which the land Is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth In lending law. 6- Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an Improvement or work related to the land which Is contracted for and commenced subsequent to Date of Policy and i5 not financed In whole or in part by proceeds of the indebtedness secured by the Insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal L7onkruptcy,state insolvency,or similar creditorsrights laws,that is based on (i) the transaction creating the Interest of the Insured mortgage being deemed a fraudulent conveyance or fraudulent transfer,or (ii) the subordination of the interest of the insured mortgagee as a resull of the application of the doctrine of equitable subordination or (iii) the transaction creating the Interest of the Insured mortgage being doomed a preferential transfer except where the preferential transfer results from the failure.(a)to timely record the Instrument of transfer or(b)?f such recordation to Impart notice to a purchaser for value or a judgment or lien creditor I 1 70' I IIS--O N7q• Wg � � O Imo' R I R I I II S07'41 '20"W 9. 12' P.O.B. I I 1 :3 R" S' " I I f/J 2-41 \ � � � SCALE 1"" = 50 ' IEASEMENT FOR ROAD, PIPELINE \ AND POWER LINE PURPOSES II TO BE USED IN COMMON PER \ PCL 4, BOOK 2710, PAGE 407, 0.R. EXHIBIT "B" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR CITY OF SAN JUAN CAPISTRANO SHEET 1 OF 7 SHEET CAPISTRANO VALLEY WATER DISTRICT SURPLUS PROPERTYRobert Bein,William Frost & Associates McCRACKEN RESERVOIR SITE aaav[ssia ec escixe as, auN ces m sucsE.aes CONTAINING: 0.354 AC + (, "n•:; i MAY 15, 2000 ✓_N. 10-lOa H GRP5IPOATA1107003101OWG ENNIB1751810EX00L OdG ROBERT BEIN, WILLIAM FROST & ASSOCIATES 14725 Alton Parkway Irvine, California 92618 May 15, 2000 JN 10-100810-01 Page 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION CITY OF SAN JUAN CAPISTRANO CAPISTRANO VALLEY WATER DISTRICT SURPLUS PROPERTY McCRACKEN RESERVOIR SITE That certain parcel of land situated in the City of San Juan Capistrano, County of Orange, State of California, being the "Reservoir Site" as shown on a map filed in Book 21, Page 41 of Record of Surveys in the Office of County Recorder of Orange County, California, more particularly described as follows: BEGINNING at the most southerly corner of said "Reservoir Site" ; thence along the southeasterly, northeasterly, northwesterly and southwesterly lines of said "Reservoir Site" through the following courses: North 15045'20" East 154.65 feet; thence North 74°14'40" West 99.65 feet; thence South 15°45'20" West 145.62 feet; thence South 07°41 '20" West 9. 12 feet; thence South 74014'40" East 98.37 feet to the POINT OF BEGINNING. CONTAINING: 0.354 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference m"D . . �p LANO SG 5 �O'MOyGcy4�c Jr. S16:3 10 Y O * LS 6310 N� P.9/30/02 e 9T�OF CAUF�P� 0 0 ROBERT REIN, WILLIAM FROST & ASSOCIATES PROFESSIONAL ENGINEERS , PLANNERS & SURVEYORS LETTER OF TRANSMITTAL TO: City of San Juan Capistrano DATE: April 21, 2000 32400 Paseo Adelanto RBF JOB NO.: 10-100810 San Juan Capistrano, CA 92675 REFERENCE: McCracken Hill DESCRIPTION: Constraint Map ATS: Cindy Russell SENT TO YOU VIA: eMail eX Messenger BBlueprimer Overnight Delivery Fax Modem Your Pick-Up NO. OF NO.OF DESCRIPTION COPIES SHEETS 6131, 1 McCracken Hill Reservoir Constraint Map SENT FOR YOUR: eApproval Re eComments Per Your Request Signature Use Information REMARKS: Enclosed please find copies of your Constraint Map. We are still waiting on word from the title company on the outstanding boundary question. The legal description and exhibit will follow after the boundary question is resolved. (As a reminder,we still need the "PO#" for this map.) RROBERTBJ LLIAM FROST &ASSOCIATES Mark S. Bradley Associate, Survey Department 02.wpd COPIES TO: John Marten, Lawyers Title Professional Service Since 1944 14725 ALTON PARKWAY, IRVINE, CA 92618-2069 • P.O. BOX 57057, IRVINE,CA 92619-7057 •949.472.3505• FAX 949.472.8373 OFFICES LOCATED THROUGHOUT CALIFORNIA,ARIZONA AND NEVADA•WEB SITE:w .RBFcom 0 0 ROBERT BEIN, WILLIAM FROST & ASSOCIATES PROFESSIONAL ENGINEERS , PLANNERS & SURVEYORS LETTER OF TRANSMITTAL TO City of San Juan Capistrano DATE: April 17, 2000 32400 Paseo Adelanto RBF JOB NO.: 10-100810 San Juan Capistrano, CA 92675 REFERENCE: McCracken Hill DESCRIPTION: Constraint Map A1TN: Craig Harris SENT TO YOU VIA: Rax BX m YMessenger eBlueprinter Overnight Delivery Fax Modeour Pick-Up NO.OF NO.OF DESCRIPTION COPIES SHEETS 1 BL 1 preliminary copy McCracken Hill Reservoir Constraint Map SENT FOR YOUR: BApproval eReview eComments Per Your Request Signature Use Information REMARKS: Enclosed is a preliminary copy of our Constraint Map for your use prior to your leaving on vacation. Still waiting on word from the title company on my boundary question. (As a reminder, we still need the "PO#" for this map.) ROBERT BF,)?y,WILLIAM FROST & ASSOCIATES BYv Mark S. Bradley Associate, Survey Department 01.wpd COPIES TO: Professional Service Since 1944 14725 ALTON PARKWAY, IRVINE, CA 92618-2069 • P.O. BOX 57057, IRVINE,CA 92619-7057 •949.472.3505• FAX 949.472.8373 OFFICES LOCATED THROUGHOUT CALIFORNIA,ARIZONA AND NEVADA•WEB SITE w .RBFcom 32400 PASEO ADELANTO /�r--xx — MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 mmllolrtl4 DIANE L.BATHGATE EIIxlll{x(0 IB6I COLLENE CAMPBELL (949) 493-1 17 1 JOHN GREINER (949) 493-1053 (FAX) V 1776 WYATT HART DAVID M.SWEROUN CITY MANAGER GEORGE SCARBOROUGH May 3, 2000 Mr. Jeff Goldfarb Rutan & Tucker 611 Anton Blvd., Suite 1400 Costa Mesa, CA 92626 Re: McCracken Hill Reservoir Acquisition (Neely) Dear Mr. Goldfarb, Enclosed is a preliminary draft of the purchase and sale agreement for the above- referenced property. Please review and provide me with your comments. As to the status, I have received a constraints map and have circulated to Public Works and Engineering for review. I have requested this map be returned with comments by May 15, 2000. Based on this schedule I would anticipate that the agreement could be completed by May 26, 2000. This would allow the final agreement to be presented to the Board for approval on June 20, 2000. Please contact me at (949) 443-6301 if you have any further questions. Sincerely, �llCy hia L. Russell Administrative Services Director C:\MyFiles\PROPERTY\McCrackenO5G3OO.Wpd DIIUO USE IS San Juan Capistrano: Preserving the Past to Enhance the Future PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement is entered into this_day of 2000, by and between the Capistrano Valley Water District (hereinafter"Seller"), and the Neely Family Trust (hereinafter "Purchaser"). Whereas, Seller is the owner of certain real property (Assessor's Parcel#675-331-19 & & 20) which is a surplus and unused water reservoir site consisting of approximately 14,875 square feet and is generally located in the northeasterly quadrant of Valle Road and Forster Ranch Road, approximately 500 feet easterly of a portion of privately owned Vallee Road in the City of San Juan Capistrano, and Whereas, Purchaser desires to purchase said real property under the below stated terms and conditions, NOW THEREFORE BE IT RESOLVED between Seller and Purchaser as follows: Section 1. Sale of Property urchase Price. Seller agrees to sell and Buyer agrees to purchase that certain real property more particularly described as Assessor's Parcels Numbers 675-331-19 and 675-331-20 located in the City of San Juan Capistrano for the purchase price of$34,000.00 Buyer shall pay the purchase price of$34,000.00 payable as follows: A) Buyer shall pay$5,000.00 by cashier's check, on execution of this Agreement, payable to the Escrow Holder as a deposit to be applied to the price at close of escrow. Escrow holder shall place the deposit in an interest bearing account for the benefit of Seller. B) Seller shall pay the balance of the purchase price by cashier's check at time that escrow documents are finalized with the Escrow Holder which shall occur not later than three (3) business days before the close of escrow. The purchase price shall be paid to Seller at close of escrow. Section 2. Escrow Established. This sale shall be consummated through an escrow established with , California. The closing date for the escrow will be ,2000. Escrow shall be considered opened when both parties deposit fully executed escrow instructions with escrow holder and "close of escrow" shall be when the grant deed to the property is recorded. Within 10 days after execution of this Agreement, each party agrees that this Agreement shall constitute the escrow instructions and Seller shall provide the designated escrow holder with • 0 a fully executed original of the Purchase Agreement. The Close of Escrow date may be mutually by written agreement between the parties. Section 3. Conveyance of Title. Seller shall by grant deed convey to Buyer a fee simple interest free and clear of all title defects, liens, encumbrances, deeds of trust and mortgages, excepting those encumbrances identified in the preliminary title report and attached as Exhibit A to this agreement. Seller shall procure a standard land title association policy of title insurance in the amount of the purchase price to be paid by Seller and to be issued by showing title as it is to be vested in the name of the Buyer, subject to the exceptions noted above. Section 4. Proration of Taxes. Insurance. and Interest. Real Property taxes, interest on assessments assume by Buyer, rents, insurance premiums on any insurance, to the except that there are any of the aforementioned, shall be prorated as of the closing date on the basis of a 30-day month. Section 5. Closing Costs. Seller shall be responsible only for paying all costs and expenses of clearing title, preparing, executing, acknowledging, and delivering the grant deed. All other costs, including recording and other escrow costs shall be borne by the Buyer. Section 6. Condition of Property. (A) The subject real property includes water reservoir improvements all of which are deemed surplus property by Seller. Buyer warrants that Buyer has inspected all of the property. Seller hereby represents and warrants to Buyer that to the best of Seller's actual knowledge, and without any independent investigation having been made buy Seller, no hazardous materials are located on or under the property; that there has been no release, storage, treatment, generation, or disposal of any hazardous materials on, under, or from the property; and that no hazardous materials have been transported from the property. The parties agree that the purchase price of the property has been discounted to reflect the existing condition of the property. Buyer agrees that, as of the close of escrow, it will be acquiring the property in "as-is" condition with all faults and conditions then existing on the property, including any hazardous substances or hazardous wastes that may be located on, under, or around the property, whether known or unknown, and Buyer assumes all responsibility for such faults and conditions. Buyer hereby agrees to indemnify and hold harmless Seller, its appointed officials and elected officers, its employees and agents, from and against any and all costs, damages, claims, and liabilities, including reasonable attorney fees, foreseeable and unforeseeable, directly or indirectly arising from any release, treatment, use, generation, storage, or disposal of hazardous materials on, under, or from the property at any time before or after close of escrow, including, without limitation, the cost of any required or necessary remediation or removal of such hazardous materials, any costs of repair of improvements on the property or surrounding properties necessitated by such remediation or removal and costs of any testing, sampling or other investigation or preparation of remediation or other required plans undertaken prior to such remediation or removal. (B) Buyer further acknowledges that it has reviewed the City's Appraisal report for the property. The R.P. Laurain&Associates report dated June 8, 1999 states in part: "The subject property is located within the northeasterly quadrant of Valle Road and Forster Ranch Road. It should be noted that access to the subject property is via an apparent implied'easement over the surrounding privately-owned property. It is assumed, however, that access to the property is for the purpose of maintenance and repair of the existing water reservoir; it is further assumed that in the event the water reservoir is abandoned the subject property will be effectively "landlocked". Buyer agrees and understands that there is a potential legal limitation regarding access rights to the parcel as described above. Buyer willingly and knowingly agrees to take title subject to this access limitation. Section 7. Disputes. (A)Mediation. Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be borne equally among the parties. (B)Arbitration. Buyer and Seller agree that any dispute or claim in law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The parties shall mutually agree upon the methodology for selection of an arbitrator. (C)Attorney Fees. In the event of a dispute, neither party shall be entitled to attorney fees in the event that an enforcement action or mediation is brought pursuant to the terms of this agreement. Section 8. Notices. All notices and demands shall be given in writing by personal service or first class mail, postage prepaid in the U.S. mails. Notices shall be addressed as shown below for each party, except that, if any party gives notice of a change of address, notices to that party shall thereafter be given as shown in that notice. To Seller: Capistrano Valley water District C/o George Scarborough, Executive Director 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 To Buyer: Neely Family Trust c/o s Section 9. Planning and Zoning for Property. This purchase agreement in no manner is intended to convey or imply that Buyer may use the subject property for any intended purpose Buyer may so desire. Buyer agrees and acknowledges that Buyer must secure applicable planning and zoning entitlements from the City of San Juan Capistrano prior to constructing any structural improvements to the property. In Witness Whereof, the parties hereto have executed this Agreement as of the date indicated above. Seller-Capistrano Valley Water District By: Buyer-Neely Family Trust By: Memorandum March 10, 2000 TO: Bill Huber, Engineering and Building Director FROM: Cindy Russell, Administrative Services Directorf\\Vl SUBJECT: McCracken Hill Reservoir Site Attached is the McCracken Hill Reservoir Site Title Report. The City Attorney has requested that the easements referenced on the title report be plotted on a map and reviewed to assure that we take back any necessary easements and convey the proper information to the buyer. Please have a right-of-way engineer complete this request and forward to me. The account number to use for this purchase order is acct# 50-62132-4140. Please let me know the time line for completion of this item. Thanks, CP C:\MyFiles\PROPERN\neelyeasements.wpd ✓t/- ✓�ar -ce - >�a m ate. LAWYERS TITLE COMP A N Y 18551 Von Karmen Avenue, Suite 100 Irvine, CA 92612 PRELIMINARY REPORT City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cynthia Russell Escrow Officer: Cynthia Russell Telephone: 949-493-1171 Fax: Your No. : Capo Valley Property Address: Our No. : 0000042-12 San Juan Capistrano, CA Title Officer: John Marten Direct Line: (949) 223-5520 Fax Line: (949) 261-6927 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the conditions of title and may not list all liens, defects, and encumbrances affecting title co the land. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CLTA Preliminary Report (Rev. 1-1-95) ORDER NO. : 0000042-12 SCIIEDULE A Date of Report: 02/16/00 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: Capistrano Valley Water District 3. The land referred to in this report is situated in the State of California, County of Orange and is described on the attached Exhibit A. ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340 .26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94 .65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet; thence South 740 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in 'look 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 740 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 740 14' 40" East 98 .37 feet; thence North 150 45' 20" East 154.65 feet; thence North 74° 14' 40" West 99.65 feet; thence South 150 45' 20" West 145.62 feet; thence South 70 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 15° 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 15° 45' 20" West 94.65 feet and thence South 740 14' 40" East to the point of beginning. ORDER NO. : 0000042-12 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2000-2001 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: lay and maintain water pipes and take water through said land Recorded: October 6, 1930 Book 428, Page 75 of Official Records Affects: portion of Parcel A Reference is made to said document for full particulars. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Consolidated Gas & Electric Company Purpose: pole lines Recorded: January 21, 1941 Book 1072, Page 563 of Official Records Affects: said deed provides that the route of said line of poles shall be erected as follows: Beginning at Station 441+55.38 on the center line of the State Highway as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of Orange County, California; thence South 580 00' East 1081.6 feet; thence North 790 52' East 668.7 feet; thence North 750 44' East 342.6 feet. Reference is made to said document for full particulars. 3. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: underground pipe lines Recorded: Book 2110, Page 407 of Official Records Affects: portion of said land Reference is made to said document for full particulars. ORDER NO. : 0000042-12 SCHEDULE B (continued) 4 . Matters contained in Record of Survey, as per map filed in Book 4, Page 15 and Book 21, Page 41 of Record of Survey, in the office of the County Recorder of said County. Reference is made to said map for full particulars. 5. Covenants, conditions and restrictions as set forth in the document. Recorded: Book 4984, Page 448 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said matter affects: Parcel B 6 . The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: San Juan Capistrano Central Redevelopment Project Area Recorded: May 22, 1984 Instrument No. 84-212085 of Official Records 7. Lack of a right of access to and from the land. Attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. Please inform us if access has been, or is to be, established by means of an appurtenant easement. This will require additional time and expense to search and report upon before title insurance can be approved. ORDER NO. : 0000042-12 SCHEDULE 8 (continued) END OF SCHEDULE 8 EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. 0 ORDER NO. : 0000042-12 NOTES AND REQUIREMENTS NOTE NO. 1: SPECIAL NOTICE California Insurance Code Section 12413.1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulates the disbursement of escrow funds by Title Companies. Funds received by Lawyers Title Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1. We have received confirmation of the respective incoming wire. 2. Collection of a deposited check. Wires directed to this office of Lawyers Title Company must be directed to: UNION BANK 1980 SATURN STREET MONTEREY PARK, CA 91754 ACCOUNT #: 9120014096 ABA#: 122000496 FOR: (list our Order Number) NOTE NO. 2 : This Company will require the following to insure a loan or a conveyance from, the entity named below: Capistrano Valley Water District (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. NOTE NO. 3 : The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. ORDER NO. : 0000042-12 NOTE SECTION (continued) NOTE NO. 4 : There are no conveyances affecting said land, recorded within six (6) months of the date of this report. DISTRIBUTION: jm/rd Plats and CC&R's enclosed Typed: 02/23/00 -This plat is for your aid in locating your land with reference to streets and other parcels. While this plat is believed to be correct, the Company Assumes no liability for any loss occurring by reason of reliance thereon" FEET-3) LnryersTide Company 675-33 tlw wBP wAi PR9A1®pR Q41RRR C61RrrT A9YYp110OL11RwUBPpLy.MAwRL fRBIMI®w3�YR�Rr�MAIRAOIRBMGT R81A41RNY11'LIWIyPRR011lI UBR af.Cl%I�LriI� MI M1Y1�� 36 PN W-H PM 9642 d 3 PN" °AR/" PO2 ° 3T y C _ PARR,330 /MR4 11 • = O In I� E 9 3 ' O R5.53 J3 RS 65-22 R64J 4z " 8543-42 P.M96K RM 9630 PAR I O S PAX O O 14 b- n PA . PARI +m ,cn RM SI-I O $ a FK 90-q f 331 iYR3 = RR,"C Q. Is PK P9 yy m 4 6 + � tD RS 43_4Z K) IKT/ �eaa' RS 43-4P Lw) RM 90-43 LO E e5uy RM 98-29 PART _ (0A,R3 6 O R55141 _ 'wa .Cl aO T' yt RM 90-43 PR R, B V PAR- A <433 Ac rc1 - l7 i la Q PM 99.29 xzef 04 PARD/ neh' 3 - I966AC/C/ uzST °'V g � 34 0 0 0 MARCH 1983 PARCEL MAP PM 54-/,90-42,90-43,90-50,9/-14,98-29NOTE-ASSESSOR'S BLOCK a ASSESSOR'S MAP RECORD SURVEY R.S. 43-42 PARCEL NUMBERS BOOK675PAGE33 O O SHOWN /N CIRCLES COUNry Of ORANGE Q N a 0 2. The Flight to take the land by condemning it unless. • a notice of exercising the right ain the public records on the Policy Date • the Taking happened prior to the Date and is binding on you If you bought the laothout knowing of the taking 3. Tire Risks', • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared on the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in item 8 of Covered Title Risks 4. Failure to pay value for your Liffe. 5. Lack of a right: • to any land outside the area specifically described and referred to In Item 3 of Schedule A or • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in item 5 of Covered Title Risks. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(6-2-98) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule B,You are not insured against loss,costs,attorneys'fees,and expenses resulting from, 1. Governmental police power,and the existence a violation of any law or government regulation.This includes ordinances,laws and regulations concerning. a, building b. zoning c. land used d. improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of The violation of enforcement appears In the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17,or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building codes if notice of the violation appears In the Public Records at the Policy Date. 3. The right to take the Land by condemning it,unless. a. a notice of exercising the right appears in the Public Records at the Policy Date;or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks, a. that are created,allowed,or agreed to by You,whether or not they appea In the Public Records; b, that are Known to You at the Policy Date,but not to Us,unless they appear In the Public Records at the Policy Date; c. that result in no loss to You or d. that first occur after the Policy Date-this does riot limit the coverage described in Covered Risk 7,Bid,22,23,24 or 25. 5, Failure to pay value for Your Title. 6. Lack of a right: a, to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b. in streets,alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described In Covered Risk 11 or 18. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys"fees or expenses which arise by reason of. 1, (a) Any law,ordinance or governmental regulation (Including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(I) the occupancy,use,or enjoyment of the land;(if)the character,dimensions or location of any Improvement now or hereafter erected on the land; fill) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was part,or(Iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of fire enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding frorn coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects,liens,encumbrances,adverse claims or other matters. (a) created,suffered,assumed or agreed 10 by the insured claimant (b) not known to the Company,not recorded In the public records at Date of Policy,but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured cormant became an insured under this policy; (c) resulting In no loss or damage to the Insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent that This policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent Insurance is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy) or (e) resulting In loss or damage which would not nave beer.s,,5mined If the Insured claimant had paid value for the Insured mortgage 4. Unenforceability of the lien of the insured mortgage because of The inability or failure of the insured at Date of Policy,of the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state In which the land is situated. 5. invalidity or unenforceabdCy of the hei of the insured mortgageor claim 'he•eof,which arises out of the transaction evidenced by the insured mortgage and,s cased upon usury or any consumer credit protection or truth In lending law. 6. Any statutory lien for serviceslabor or noterials(or tce claim of priori,,of any statutory lien for services,labor or materials over the lien of the insured mortgage) arising from an improvement or work relared to trip land which is contracted for and commenced subsequent to Date of Policy and Is nor financed in whole or in part by proceeds of the Indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises a T of the transaction creating rhe interest of the m,,tgagee insured by this policy,by reason of the operation cf federal bankruptcy,state Insolvency,or similar creditors rights laws,that is based on (i) Tire transaction creating the interest of the insured mortgage being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination,or (Iii) fie transc ton creating ttre mteresr 'the insured me tgage being deemed a preferential Transfer except where the preferential transfer result` }rum the fadr ry ra) tlr.el cora t,-c •stument s'ransfe, or(b)cf Sici-recordation to mpart nonce to a purchaser for vat-e or a judgrrer- _- lien c:edltor CA'"`ORNlA !_ANi TITIC ASSOCIATIOfyr STAN'�ARD COVilill POYCY— '990 CLUSIONS FROM COVERAGE he following matters are expressly excicded fort he .rage cf this poicr and 'he Company Wll nor p ;s or parncge,costs,attorneys"fees or ixteenses which arise by reasoriot (a) Any law,ordinance c g;veaimenhfl o In, Ir,n In,n,: b,d n rfit o - : uldmg a zoning !am, ordinances. or regulations) restricting regulating,prohibiting or relating fc, ) ho ot_up ancy,use or enlryrr en-e'er , aJ J i " heehaccler.dimensions orlocation of any Improvement new or hereafter erected on the lond (I)ai cpc ratan it ownership or a chi ince In i u1 drnensonc or area of the land or any parcel of which the land Is or was a part;or(a)envlrorrent itp'o'e Cho),or If effoct of any v olatlon cj hese lavrs,ordlno-ices ar goner^mental regulations,exceptle the extent that a notice of the enforremer, thereof of o ncllce of a defect !E if cr encuint) it r e-esuttinc f"arn a dolor an or alleges violation affecting the land has been recorded in the p,hire re-,ores a-?ate e f Policy (b) Any governmental Poll_e pc'AE:f not e>c1,d_d by(a)uooveexcezr x;Ina o"den-rhaf a no ice o the exorcise thereof or a notice of defect, Igen or encumbrance result no m.m a violation r-alleged violation atfecring the:ani has been recorded In the public records at Date of Policy, Rights of eminent domain unlesnotice of fine-=chose 'hereon ha;ba_=n reco and In TO pudic records a-Date of Pollcy,but not excluding from coverage any taking which has ec_urred priDr+o Date of Policy wi-or would be hinding on the right,of a p_,rchase,for value without knowledge Defects,liens,encumbrancer,adverse(are is or orh,=r matters (a) whether or not recorded In tine pudic fer_ords of Dare of Pollcy bu creatstd,scffered,assumed cr agreed to by the insured claimant; (b) not known to the Company riot rocorcled In ti-e public records at Date of=ollcy but known to the'nsured claimant and not disclosed In writing to the Company by the inscred claimant prur to the date the insured claimant became an irsured c rider this policy: (c) resulting in no loss or damage tc the Inaurec clamant; (d) attaching or created sjosequefit to Do e of Pol-cy,or (e) resulting In loss or damage which we uld not have been sustained If the insured ala mant had paid value for the insured mortgage or for the estate or Interest Insured by this policy, Unenforceability of the lien otthe insured mortgage because of the Inability or failure of the Insc,red at Date of Policy,or the inability or failure of any subsequent owner of the irdebtedness,to comply with the applicable doing business laws of-te state n which the land Is situated. Invalidity or unenforceabllltr of the I on of the ins-red mortgage,or claim there r,,which arises out of the transaction evidenced by the insured mort gage and Is based upon usury or any consumer credit protection or truth in lending law Any claim,which arises out of the transaction vesting In the insurec the estate of interest insured by th.s policy or the transaction creating the Interest of the insured lender,by reason of the operation of federal bankrupts,state Insolvency or similar crecltors"rights laws. EXCEPTIONS FROM COVERAGE -- SCHEDULE 13, PART I his policy does not insure agailTst loss or damage(and me Company oill not pay costs attorneys'fees or expenses)which arise by reason of'. . Taxes or assessments which ore not shown as exuting liens by the 3. Easements.(lens or encumbrances,or claims thereof,which are not 3cords of any taxing authority that levies taxes or assessments on real shown by the public:records, Property or by the public records. e. Discrepancies, conficts m boundary lines, shortage In area, roceedings by a public agency which may result In taxes or assess- encroachments,or any other facts which a correct survey would dis- rents, or notices of such proceedings, whether o� int shown by the close,ard which are not shown rey the public records, ideas of such agency or by ttfe pubic records. 5. (a) _npatented min ng claims: (b) reservations or exceptions in Any facts,rights,Interests or claims which are no"srown by the pub- patents cr'm Acis authortz ng the Issuance thereof:(c)water rights,claims records but could be ascertained by an inspection or the land which or tie to water,wr, ether or not the matters excepted under(a),(b)or(c) nay be asserted by persons in possession thereof are shown by the public records AMERICAN TITLE ASSOCIATION OWNER'S POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE re following matters are expressly exdudea from ire coverage of this policy and rhe Company will not pay loss or damage,costs,attorneys"fees or xpenses which arise by reason of (a) Any law,ordinance or governmental regulation (Incicaing but no Ilmltea to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the:and"(ii)the character,dimensions or location of any Improvement now or hereafter erected an the land:(r)a separation n ownership or a change n the dlmersions or area of fie land or any parcel of which the land is or was a part;or(lv,)environmental protection,or the effect of any dclatcr of+hese laws,ordinances or governmental regulations,excee, to the extent that a notice of the enforcement thereof or a notice of a derecr Ilei or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Data of Policy (b) Any governmental police power not excluded by(a)above,except to the extern that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violat on or alleged viola non affecting the land res been recorded in the public records at Date of Policy Rights of eminent domain unless notice of the exercise thereof has been recorded in the pus Ic records at Date of Policy,but not excluding eom coverage any taking which rias occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects,liens,encumbrances,adverse claims or other matters: (a)created,suffered,assurrred or agreed to by the Insured claimant; (b)not known to the Companynot recorded In the public records an Dare of Pcrcy,but known to the insured claimant and not disclosed In writing to the Company by the insured claimant or to tre date the Insured c almont oecome an Insured under this policy, (c)resulting In no loss or damage to the Insured daimant; (d)attaching or created subsequent to Date of Policy;or (e)resulting In loss or damage which would not have been sustained If,he insured c(almant had paid value for the estate or interest insured by its policy Any claim,which arises out of the transaction vesting in the insured he estate or merest insured by this policy by reason of the operation of federal bankruptcy,Nate insolvency,or similar credlrors'rigrts laws that Is based on (i)the transaction creating rhe estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer:or (If)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure.(a)to"imely record the Instrument of transfer or(b)of such rec caption to Import notice to a purchaser for value or a judgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS addition to the Exceptions in Schedule B,you are not insured against joss,costs,at orn s sfees,and expenses resulting from Governmental police powerand the existence or violation of any law or government regulation.This Includes building and zoning ordinances ancf also laws and regulations concerning_ and use land division • improvements on the land or eirom@ntal prorectior ,is exclusion aces not aoply to violations:'rhe enfo,cc-enr or fhese matter NI," ornor in*he pi tclic recd as at Policy Date This exalr,sion dce5 rm%t'he zcnmg coverage n scribes it toms '2, _ _ _- �r�n �`ir Rsks STING N1 I i lalld.in the ifornia Cop,�,�rano-\ l �`�,� Ilia L Oranv rk/RQ�orderCalal��le� '�y No-Fee I).(- �:`� `//"I 6C 7 05 29003902 29 �@96@342161 WOW 0]/@5/96 C� �?�9 S03 19 I.00 54.00 0.00 0.00 0.00 0.00 project: Capistrano valley Water District Project No. : G.A. 904 Parcel No. : 1 thru 13 Location: City of San Juan Capistrano QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, the IT COUNTY OF ORANGE 19P hereinafter referred to as "COUNTY" �F does hereby remise, release and forever Quitclaim to the CAPISTRANO VALLEY WATER DISTRICT hereinafter referred to as "DISTRICT" all right, title and interest in and to the real property in the City of San Juan Capistrano, County of Orange, State of California, described as: See EXHIBIT "A" attached hereto and by this reference made a Part hereof. COUNTY makes no warranty, express or implied, as to the quality of title conveyed hereby. DISTRICT, by acceptance of this deed, agrees that this conveyance is subject to all licenses, leases, liens, easements, restribtions, conditions, covenants, encumbrances and claims of title which may effect said property whether recorded or not. NGUYENK-5101015530363 —•� �����,..,.,....., (,,,..,,.:..a,.... 111, 1,11197 Pana 1 of 19 C0MMef7f' yy COUNT o oxxxos ^ Dated: S-Zf-� b _ By: �"' Chair f the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Kathleen E. Goodno Acting Clerk of the Board of Supervisors of Orange County, California State of California ) County of Orange On I ,1944 before me, i( oLt;se Jc u/i. a Notary Public, personal y appeared Kathleen E. Goodno personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the entity, upon behalf of which the person acted, executed the instrument. Witness my hand and offfXfnnicii//al,, seal. LOUISE SCHULZ Signature of the )Votary COMM.11077520 Nolary Public.California ORANGE COUNTY My Comm.Exp,Nov.12,1999 NGUYENX-510101553D363 -2- 7 Project: Capistrano Valley Water Dist. Facility: McCracken Reservoir Project No. : G.A. 904-30 Parcel No. : .P. No. : 675-331-20 Location: 33570 Valle Road San Juan Capistrano LEGAL DESCRIPTION That portion of Section 13, T. 8 S., R. 8 W. , in the Rancho Boca De La Playa as shown on a map recorded June 29, 1887, in book 4, pages 118 and 119 of Patents, Records of Los Angeles County, California, described as follows: Beginning at the most easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in book 1603, page 298 of official Records in the office of the County Recorder of said Orange County; thence 5.49059'20"W. , ic0.00 Leet; thence N.67"30.20"W. , 340.26 feet; thence N.7°41'20"E. , 9.92 feet; thence 5.74014'40"E. , 78.48 feet; thence N.15°45' 20"E. , 30.00 feet to the True Point of Beginning; thence N.15°45120"E. , 94.65 feet; thence N.74°14140"W., 39.65 feet; thence S_15"45'20"W. , 94.65 feet; thence S.74014'40"E, to The Point of Beginning. l EXHIBIT "A" NGUYPNK-5101015530363 -16- - - - ----- -- Project: Capistrano Valley Water Dist. Facility: McCracken Reservoir Project No. : G.A. 904-31 ParrPI7o. : 13 . No. : 675-331- Location: 33570 Valle Road San Juan Capistrano LEGAL DESCRIPTION That portion of Section 13, T. 8 S., R. 8 W., in the Rancho Boca De La Playa as shown on a map recorded June 29, 1887, in book 4, pages 118 and 119 of Patents, Records of Los Angeles County, California, described as follows: Beginning at the most easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947, in book 1603, page 298 of Official Records in the office of the County Recorder of said orange County; thence S.49°59120"W. , 100.00 feet; thence N.670301201-W. , 340.26 feet; thence N.7°41120"E., 9.92 feet; thence S.74014'40"E., 10.11 feet to the True Point of Beginning; thence continuing S.74014140"E. , 98.37 feet; thence N.15°45120"E. , 154.65 feet; thence N.74014'40 W., 99.65 feet; thence S.150451201-W. , 145.62 feet; thence S.7041'20"W. , 9.12 feet to the True Point of Beginning. Excepting therefrom the following described land: Beginning at the most easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30th, 1947, in book 1603, page 298 of Official Records, in the office of the County recorder of said Orange County; thence S.49059'20"W., 100.00 feet; thence N.67°30'20"W. , 340.26 feet; thence N.7°41120"E. , 9.92 feet; thence S.74014'40"E. , 78.48 feet; thence N.15°45120"E. , 30.00 feet to the True Point of Beginning; thence' N.15°45'201-E. , 94.65 feet; thence N.74°14'40"W. , 39.65 feet; thence S. 15°45'20"W. , 94 .65 feet and thence S.74°14'40"E. , to The Point of Beginning. A ice EXHIBIT "A" NGUYENK-5101015530363 -17- 1 1 --- 47,14n i BOARD OF SUPERVISORS ORANGE COUNTY,CALIFORNIA MINUTES z MAY 14, 1996 QUITCLAIM AIM TO CAPISTRANO VALLEY WATER DISTRICT(CVWD) FOR PROPERTIES OF FORMER WATERWORKS DISTRICT NO, 4: Environmental Management Agency requests approval of a quitclaim deed to Capistrano Valley Water District conveying 13 parcels owned by the County for the purposes of former Orange County Waterworks District No. 4. MOTION: On motion by Supervisor Bergeson, seconded by Supervisor Saltarelli, the Board moved to: 1. Find that the proposed quitclaim is exempt from California Environmental Quality Act(CEQA)pursuant to Public Resources Code Section 21080(c)(1) and CEQA Guidelines Section 15061 (b)(3)by virtue of the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. 2. Authorize execution of the quitclaim deed to Capistrano Valley Water District. MOTION UNANIMOUSLY CARRIED. (Re Agenda Item 22) (iEC61VED MAY 3d 19% EMA 1. n..d,... 'rn non non nnn.ro nom,o.-rf..f l..r loop 94197 Pana iR of 10 f.nrrrnPnt' law CaOstmm RTalley- `Water District July 3, 1996 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I, Georg'Ann Scott, Clerk of the Board of Directors of Capistrano Valley Water District, do hereby certify that the attached instrument was duly approved and accepted by a unanimous vote at a Regular Meeting of the Board of Directors of Capistrano Valley Water District held on the second day of July, 1996. eorg' n Scott, Clerk of the Board RECOROAT.00C ' P.O. Box 967, San Juan Capistrano, California 92693 Phone 714-493-1515 32450 Paseo Adelanto • San Juan Capistrano, California 92675 FAX 714-49M955 3955 i_ t /l rAn. -rn nnnnnnnnnno n.,�.-.MI;n., 4008 O41 4r7 P.n. 4Q of 4Q r.nmr+Pni' = _ DESCItIP`I'ION MONISM ^ vAY ne and official seal. ((SEAL)) _Notary Public PS ':it 'i 1A and for sal ou ,u,( 54872 Recorded at Request of- Grantee. ai 9 A.H..Dee 30, 1947 in Book 1603 Page 296' O Mclal Records of Orange County,--Csllfornls.:Fses_3.30119- Ruby McFarland, County'-Recorder.eeele.Hutchison COMPARED Bernice Hutz { l y;- 5496o. r f i FULL RE ONVEYANCE , - WHEREAS,-BANK OF AMRICA VATIONAU TRUST(AADSAVINGS ASSOCIATION, a onfll'ban)ting .l.' association organized and exletln�under the dare of the.United States of rIca, as Trusteel ' under Deed ofr Trust dated;Juna 3 ,1947+�made by.CAgMINE,L. VICE P.OY end C 13 VICE90Y,hueband - and vire, Trve tqr, ani recorded rune-'6�;1943 'in�Book 1439 Page467',0 ficial Records in the office of the Recorder of Crange County California, has received tpp+�Y-Beneficiary thereuhter '? a written request to reconvey, reeltl,4 that all sums secured by,091d Deed of Trust have bJen !I fully paid and.that Bald Deedo T sLi and the note or notes sedfired,thereby ha6e been,eut� 1: j`4` a -Y 6 W Y Y 'i�.r- '#sly' rendered to said Trustee for oaoce 4lition, f ' - ,.` ` c d.1`te: NOW THEREFORE, in'gccordeece�wlth said.request the provislont ot,eaid Deed or Trust, Bank of America National Tru -end vevinge4Aeso tion as Trvstea does-hereby recon Vey:-.YithouL warrenty, to THE PE9EkgH'OR_PERSON9 rE E.i ITLED THERETO the estate nol!--ha"F t by 1, chereundcr ' '•�t`-!f' ` - IN WITNESS NHEREOFj�1Ennk or.Americo. Na`�11 Trus t, and Savings Aeeooiation ae - c Trustee hes thie29th dap-of December : 194 , cedeed 1ta name to beihereto affixed by its.Vice-+y 3 'w President or Trust Officer and its Aselet Trust Officer •--,thereunto duly authorized. AY3gICA NATIONAL TRUST AND 9AVII GS_A9°0^I ATION; as Trustee. + By A Warren VicePre eldent ; ByL. W. McKee Trust, facer ( f . L S^ATE OF CALIFORNIA } A a ;_ • .. j - f.e County of Orange : } On this 29th day.of December, 1947, before me the undersigned , ®+l . a Notary,Public, in and for said.Orange County personally appea , ed C. A. Warren; known me to be the-Yice,Presldent, and L. W. McKee, known to me to be,the Trust Officer;of the, k of Amerl,ca Rational Trist and;Savings Association, the national. bast- irg assoclatian-the xecuted the foregoing instrument as trustee and known ,to me to ta' the persons whoxa e' the ems onIbiehalf16f ihe>atlanal beii[Sng`a�seooietion therein nosed,' and 2i'1x t}i acrnowl'e a Lo that such sat ons -banking association executed the: same an trustee' :}. a e.fi `f d�offi9l�_s$seal �'�+.r,, Aeaaln Notary Pu tiv- , _ 4 � for said Orange County:,.and State. 54960'-RecordedatReyuse E `of Grantee`eL 42 min past 2 P.M] Dec 3011947 In Hook f _ 160" ge 296 Of ticiel 9ecorda oi`AOrange County;t CelitornSai Feee 1;90/5 RU Y, F ,rs `.,, v" h s tis ) is 3bjrgK7 � ESGoN` F , � 60,3 � a � 8 f �; R .., 54eja t� j..: ( . G9AST DEED In ennsiderati,ln of Ten Dollars receipt of wrich is hereby acknowledged, ::ARCO F ; IF?95TER and ELIZAEET4 J. FORSTSR-;husband and wife, do hereby Grant to SE!DELL K. XcGRACKE.., s .X# harried ran, an'unlivided one-sixth (1/6th) interest as :.is separate property, and HELEN V. i McCRACKEN, his-wire, an undivided one-sixth (1/6th) interest an her separate;property; J X--S E. F'AaVEY, a married man, an undivided one-e1:;th (1/6th) Interest as his separate property, acd LORETTA 9099 HARVSf, his wife, an 'Undivided one-elxth (1/6th) interest as herseparateproperty', and GEORGE E "JONES a carried man an undivided one-slxth (1/6th)- Interest as his separat` ;,o- fef ty,-and FPAIIQE9 P JouES,- hie wife Ian undivided one-sixth (1/6th)`- interest' as her. sep'arate - ' property al b that real property,in the:County of Orange, state of Californla, .deacribed es I _ Parcel l: Cocnencing st.,the lntera L.-ticn-of.the P7ortteae terly line o: tYnt cert sin Parcel of land':described as Parcel..'g�In Deed recorded rooter 6, 1930 In Boot 428 at pace 75 1 0. official Re records of Orange County, Califcrnln, with tho center line of the Calif- l - - 4'i, ornla State Highway (1CO.uo fent tilde) as d^scribed In a quliclsla aced recordcl Leccmcer 29, N I 0 l,d In nor. 1287 at pa Ec 462 of Ofrlclol Records, resorb, of Bald County; thence Sp..V 35, 1, t2^ W, the centro line of said rl } e) 141.93 fee t,-enc, leavin) D:—Id 11 Ith CO 44East 432.01 fe t to the cost ocitl •rly co i r of tic ttn t of 10.575 ser e, c" r! eyedto claren uiR revs rb Deed dated OctoLe 21 P.7, _an } by Marco.F Forster and wlfo ... `.�. _ s 1 : 300 WAR e -.: - -r :..�:=•s. - —: .- , '.c��a _,.,_� _ �._.. -' :- .._,>�. -.'_s:r �-._>sc: _.:.r..... �: s�.n ria WENDELL K YOCRACKEN and HELEN V ' MCCRACKEN, husband and wife, hereby ageeb_phat thel ' undivided sne cixtn 1ntereet conveyed to WENDELL K VoCRAC%EN by the foregoing Deed Is the separate property of WENDELL K. MCCHACKEY nM that the undivided one-sixth interest conveyed I to HELEN V. MCCRACKEN is the separate property of HELEN V. MCCRACKEN. - Dated this 17th day of December ,1947, Wendell Y. McCracken '" Helen V. McCracken _ JAJ.ES E. HARVEY and LORETTA ROSS'HARVEY, husband end wife, hereby agree that the ..,. undlvlded one-sixth interest conveyed to.JAKES E..HARVEY by the foregoing Deed in the separate property of JAMES.E. HARVEY, and thatthe. undivided one-sixth,_interest conveyed to LORETTA ® '. ROSS HARVEY-ls?thy separnte property,of:IARSTTA ROSS HARVEY) Dated this 17th day of December„1947 James E. Harvey Loretta Rose Harvey _ '- GEORGE E. JONES and FRANCES P JONES husband and wife, hereby agree that the un- j:- divlded one-sixth Interest conveyed to GEORGE E fJONr_ by.the foregoing Deed Se the meperace property of -GEORGE E. JONES, and that..the undivided one-elxth-interest conveyed to FRANCES F. , JONES Is the,separate property of PUKES rr JONESiT . Dated:this 17thday.of DecemieII 1Q47 -George ::Jones Prances P: Jones 1 .. j. U t t ' Cance £26.40 -r 4,, ''. , 43 - 5' ” 4 - in Hook'160 Page I r.> D 73 r•9acorde3 at Ren est of GrAntae-et 9,A J7. DecDea , 9 Z 3 e 293 Official Records of Orange County, California..Fees 3,99/19 Ruby ::c Farland, County Recorder. Jeeele Hytc 1f COMPARED a Bernice ]tuti ",Do - - sy �?- LOS A1.CEL c U7I lERSI Y Oe APPLIED EDUCATION a cnrporati on - organized."un e: laws 3 ' of the Stet of ^ai Sfornia; -ani hs ting,Ste�prSreipal pirace.of bueinea er a* t.oe An es Ca11f l � ornl a,. in said State heretiy granta'to G'"HEAN CaL yORNIA�IDISOi CREAMY tia� .poratlan';,Its e ucceeeors and assigns;' tie r1 v,Jtt to e3'sc tc�iar�ueE a!nta3n alter,: ad repair replace -§ - and/og:remove 7 n .on end over the Nbsproperty Fere nafter uescriCe�d) e1 ua cod Sn the County) ; of Orange, State of California, an else rim 11 hie; consisting of pol'q , necessary guys and 1 ' ,. anchors cro ae sr me "wires and other'xlxtur s"and appliances forj conveying electric energy ; ¢._ to he u ed for`light,.heat, pow r,- telephone and/or other-our�oeee. - ZaIdireal property Is described as follows - e' That nor ton of Section 16'f Township-jSauth. anFe 10 4eat, Sen,2ernara Ino Base and Merldisn wr ich=was conveyed to the Grantor iereinlbplyd'eed re co dad Mays 3, 1947, in Book 1521 i cd-Off-cial Record e;' page 254, 'records of said:Orange County. All poles shall be erected"end cainta ''fd within one foot of the following described line: - A s Beginning at a-point in the;Souch y'lin of Bald property of the'Grartor •filch pain" Is 72 feet Easterly, measured ther"�e$) troe the "westerly line thereof; thence-.,orthc:rlY, parallel to saidWesterlyline, 240 feep - - - - Also, beginning'at a polntfjla eald Westerly line, which point. Is 102 feet Northerly, xenoured thereon from Gala southe 1'. 11ne, thence Easterly, parallel to said South.e rlY Slne to a point, whichpointIs 171 feet-l�tuthwest,rly, censured at right angled fron the Northeaster- ly 11-10 of cold property of th GrMtor, N said Northeasterly line being also the ortheasterly line of the Paclf _lac tr 1. allwsy�e 100 foot rIvht of way through said property of. the � - Grantor - F. �: ':.. •. : Also [LegSnnl t a point in sale testerly 11ne "which point, Is�326 feet Northerly, [ measured thercon: frot)�. ald:Southerly;;line .thence Eaa erly;', ernllel:to eaid'Southerly lire to �'s C point which ;pO1ry a 172 fee_ Southwesterly, rte an u..� at right angina from the Northeasterly, lire of aid-p rag ++TTt of C[;c Cra it or }.' Al eEl nn 3n2 n paint lr said 51ca tea-yldvr,Al �.,1r•�yy�,yka(yggggjg�y,,,gA y. cr•,;..re 'ter i a said = it erly �kl'K�✓E-� dt�A* t 1 , 1 PRr+ aatn r:y parallel to Gall Sart 1 ling o S 4y olnt h loin[ 1 ;Ec`�'•+ 'floit'n eaterlJ aeasur of rl engl from [ ,e t 1, J 01�+[ •, - ram of - +.. Lco begin In; t a point In Gall ,esterly lire 'whleh oat nt 14.]r�.�ee eta to ly e Y...• T-�., rern nrri trr�n0 d;°Crrr n;Li" . „fn�t u'iinn. F,..-t . .... ,...i'..- ,,,...V i.a rn •-�+., �:� .-,•t.r ian. .S� `�,.lir , .inas said most Southerly corner of sa36!.P(£treat Le -g 1ag the true point of beginning of property Y.er Sn 1 +, described; thence from said true point of beginning North 475 34' 204 East 119,64 feet; thenes South 765 24' 40• East 1167.65 feet; thence South 25. 51' 406 East 222,39 feet; thence South r. 55 07' t0° East 597-47 ieet;'_64mo South 49•:59' 201 Vest 706.11 feet; thence North 59. 19' 20• Kest 1185,80 feat; -thence North.210 296:'20• East 634.52 feet; thence Horth.100'26, 4o• Kest 251.43 feet to the amid frua 'point of beginning, containing 36.1362 Beres, more or less. r Panel 2. The right to use In common with the Grantors and their successors in later at, the j0 foot roadnowlaid out and Sn.uee;;which road begins at the California State High way,l01 neer the Sou thwast corner. of said tr,aati.of 30.575 acres, ccnvsged to Clare nce R. Brown, 1 and'runs In a Southerly and Southeasterly direction`along, near.end across the Lesterly tines i Iof said tract of 10,575 acres and said tract of 36.1362 acres to the most Ifesterlq corner of outd tract of 36,1362 acres,,and which runs frots'the 1.last mentioned point Southerly, Easterly .- ' and.Northerly to the most Southerly corner or said 36.1362 acres, and from said point rune ,,, adjacent to and Northaeaterly from the course�In the boundary of said 36.1362 acres reading a-6 South ' 20• Vest 06 11 teet:� It being,'k g r" 49' 59 7„ '.egreed that Bald right of Grantees to use said ® - road-reAall be appurtenant to ea1d;36 1 62 pere,trsct. .Said O foot road now laid'out&adIn ,s 3 _ 3 �S - use ie a part of the same 30 foot road reserved in the above mentioned deed to Clarence R ' ?. Brown: Parcel j. An-on appurtenance to eei3:36 1362 acre tract, an undivided 36}15Gtha S interest Sn the allowing described-"land upon which Se located a water well together with r I t same alnterest In the pump, cotos� teeing and other equlDment thereof viz,' Rancho Boca de Is i Playa, County or Cranhe ,State{ 7 Cal lfornie .more psrticularly described as follows, to-wit.1 Beginning at a point in Lha Easterly property'11ne of�the Atchison Topeka eedrSenta Pe Pail # xay Company which aeid'polnt'beaFe 3ou�h 32_.'33' Kest 30 feet from the Snterose on of `the Northerly i1ne of the Psnbho�BOca de la Playa}with theEasterlyproperty. 11ne.o the itcmson.*4,IiL Topks end Santa Fe . Rellwgy Company runnit4(LhencaSouth 32 33', West 50 feet thence'South:!k 5Tr 271"East 25 to et thence North-'325 33' East 50 feet; thence North 57. 27�, Heat 25 feet to` tYus p`oint of beginning: The above'descrl6ed property contains 1250 square feet.: •+ Also a 36f15otha interest- in the underground eater pipe line and right to use ease '- f for. the,trans oorcat Ionof water from said water well, said line being described an follows BeElfnning-at Station b55+87 In the Denter line of the :alifor.la State Hlghwa7 (lob lest vire) as described In a quitclaim deed recorded December. 29th, 1944 in Boos 1257, pare 462 of Of flcia_,Records. of Orange County Cellfornla thence North 595,47' S8• Yeef'207 16'feet; Ye neo r North 735 27'. 58° West 518 38 feet;- more or.leas; to an Interaectlon with the Southeaeter)y line of the above described water"well site,: being the same rlght of way and easement ae "es cribed-as Parcel 2 In the deed from-John 0. Forster and wife, ,recorded Y.aq.ll, 1938 Ingobs 937 at page 447 of Official Records of Orange,County -Cali ornle Parcel 4 An and Ivlded}3o7150thatIi tereet (Grantor hereby re a a iving.jtka rate, 114r150the 1ntare at) In a site;for?new water velL'reaervolr nn said;tract oh j6P}362 manse �y r•'4"`+.fit• � ., P.t t, r�.�? r z •4. -together'with an assess nf:to`"be lis-dlin connecti-d with Grantors"and othera,P-to codatru {.." msirtai n;. repair and replace an undergroun3 water pipe line from said reaervolr elle-*vY1�h T.- site and-line are described as lollows Bealrining at Statlan 45507 in: the ce tYi {'California State Highway (100 feet mlde) as described In a quitclaii deed recorde3 D^ r_ e 29th ,1944 In Sac's 1287 at aege 462 of official ?acoria of Orange County, California;_whence - SouLh_59':47'. 50" East 127 00 fees ` thence Soucy 365_50' CON East 1763 3 fet,` thence North 33°-1 ' 02• East 838.23_feet to an_Sntersectlon witY.`LY.e Southerly-.line of a__Ye aervolr site m + mere particularly described asrfollove ` '- y4. Beginning at the end of..the last mentioned course and,runnind thence Souih'So5 41' 58r Eset25 feet; thence Ncren 33 :18' 020'East 100 feet; thence Nnrth 56-.41, 580 Kest SO feet :'.the:ree South 375 18. 02° Kest 100 feet; thence South 56o 41' 58• East 251:eet to tte 1 poSnt�of beginning, containing 5006 square feet- :Sald tract of 36.1362 — In subject to the easement granted to Clarence R..Brown by deed dated October 21, 1947, to construct, use main- Lain::"repair ani replace underground water pipe line from said reservoir site's.North lq s ).. corner of ',he lards of Clarence R. Brown. Grantees and their successor. In interest ahall hive the right to correct Into said j ' last'mentinned o_ae line, end use water therefrom, :�rovlaed sue,. connection does r.ct Interfere with;or impair the of f to: ent use o: sold line by Clarence R. ?rows and his euccasaera In f Interest. - ' Dated tt:1a 17th day of December -1947. Marc, F For.ter. 1 �fElizete Y J Forster SATE OF CALIFORNIA ) i County of orange )oe Cn,thls 23rd dar ,ef December, 1547, before me, C. '_sz e a Notary Public In and for sa..1 and State, pt:vocaU y appeared '/.aroo F. 'crater and Elizabeth J. Forster, Known to,to to be the persons •/nose r=Y.9 ° are e.1-ccrited to th.e foregoing instrument and ucknoaled Sed to -c [h.at theyexec'-' cd :he n v? '+) i 'i .r hand and off ictal seal ((S 1L)) tary 2ubllo t.lett.'•..- In"dr:d'for _ ,5 rrEM, 1 and after due rotLce of the nearing of Said return, d1d on ',as 26th day of September, 0, Wake an Order directing said sale to be valid, and confirming said Sale Bad dlreetlnd th onveyance 'to be ezeCULad to the parties of the second part, which said order of Genf irzatlo If nor o0 file and of record In the office o1 the Clerk of the said Superior Court, and certified copy of which to filed herewltgfor record In the office of the County Recorder o be County of Orsng , State of California, being the County in which the said land L8 situated o which oald order ireferenoe is hereby made for further particulars, and which to meds a t Fereof. NOW THEREFORE, the said W L. Hale, Administrator of, the Est of Nora S. Nlch.als, an 'aforesaid, the party of the first part, pursuant to the order la aforesaid, by the said Super- on, of Flve Tho d ($5000.00) Dollars tc him Ln .hand paid by the said parties of the second part, the recetp o1 which to hereby acknowledged,- ,has granted, birgalned, sold end conveyed, and by these p eats does grant, bargain, sell and :convey unto the pasties of,the seaond part, aa'joint4;te ts,'ell the right,:title_and estate 5. f :fi.=r to .of the said lora S. Wtchcls, Deceased, In and to tha ertaln lot, piece and parcel of Land, dying and being In the City of Santa:Ana County o range State of_Califora La, and partloalerl "z f :described as follows, to-wit The West Siztp-f Lve, (6p) feeL:of Lote - ,(1) and Two (2) and,tha Weat �Slrty_f lie.(o5) r _ ` feet of the.South,Three (3) feet of-Lot +hr ,(3) . Fol ¢ to the blt l¢ the W o q rd AddLtto ,�.. of Santa Ana,-as'shown one map recorded Renk 25, Pagq 62 of 8L'scellaneous-Aecoxda of Loe ;Angeles County, California !Together with all and stngut er, the. emaoLe, haredltaneate aad appurtananaes whatsoever to the -same belonging, or In any wise app talntng. . h TO HAVE AHD TO HOLD, all d,at nguiar the above mentioned and described'premises unto the - t :said parties of the second pa forever. � Ilt WITNESS BLLRZOF, a said party of the first pea, ae Administrator' of the Esta a of _t �Hora 9 Rlchole Decease Waforesald,has ezeouted these presehteuthe da! aed year first aiov 6� lci .t written �tCitaIMF `",g gale Admtnletrator.P -toe .state of ' t a Joxa B Niohols,l Deoeaeed.i 1 'State of Cal Lfo a, ) + se. On this 29th day of September, 1930 before me, F H. Lyon a Notary r) County of 0 e s. , a Public An end for-the County"of Orange,,State of: C tlfomle�. persoa yr,; i i4`.,'Cf to r tri< > R>rpcsu. `R (ally.so e d W. L Role,.known Lo-me Lo be-Lha`Admintatiator oY tlie�fietate of Noxa 9 _ Glchote, -G h.ti 4slg?'fsaay,;+cL .(` Deceased aad he ec>nowledged to sic that he ezeCuted the foregoing Adm(nletrato of eat estate.` - - - r Ik VIIT14ESS 3RE-RSOF, I Cave"hereunto e_t my'hand and affixed my off to lel seal the and �. Ya first above written. ((SGL)) - r. A. Lyon Notary Public.. - in and for saLd(County and State. F - Recorded at reGaest of Orantee 01. 6,' 19J0 At:30 Lia Feet S A-X• _tn Book 428 page 74 I - Ruby. Came:c }DeputY t Official Records."of Orange County.',<Sdatino�Rh Sneon- t x..OYPAAED Hable P ul t � ;n< >'_ i' G2j7911 _ ._' �{2�I75 ; ,� •�.. }. , :,y lo'F7 / / �� PARTCTIGd _D - / - t THIB-IEDESTUP3, Cade and delivered this �Oth daY of September, 1;)0, by and between-1. 1 FPLB A FOASTLR aad ..DA i OPS ..R huu xnd and + fe h ielnatt r celled Ylrst ot_rt Lei ad JO i 0 FORS ER. and E. F0RSTZR- hustand,und wLfhereinafter called sec nd paztieu .. ..'t:- Frank A. pot star and John 0. Forster now own as tenants In eoa.mou is equal shares all of 3 the hereinafter described lands, and desiring to divide and partition said lands In severalty, and the parties hereto baving agreed upon the division thereof herein no stained, now, therefore,' conforming to the said agreement of the parties hereto and In consideration of the partition of 3 said lands and the mutual covenants and grants hereof, first parties hereto do hereby grant and (convey to John 6. Forster, subject to trs easements and rlghta hereinafter provided for, the lands hereinafter described as Parcels 2, 4, 5, 7, 9, 10, 12, 13, 14, 19 and 20, and second Parties hereto do hereby giant and convey to Frank A. Forster, subject to the easemento and righFs S i 3 hereinafter provided for, the lands hereLnafter described as Parcela 1,3, 6, 8, lS, 16, 17, 18 and 21 hereinafter described. Reserving unto Frank A. Forster an easement over Parcel 7 hereinafter deeorlbed from h Panel 6 hereinafter described to drivc cattle and other stoat to and from Parcel 8 hereinafter described. Reserving unto John O. Forster an easement for ingress and egress over a strip pweatq (20) feet to width across Parcel 8 hereinafter described near the Easterly earner thereof for the 4 benefit of Parcels 5 and 7. j each of mid parties, John 0. Forster and Frank A. Forster, shall have as an appurtenance; to each of his respective parcels of land, the right and eases nt to lay and malntaLn.water pipe• ' and *•ase water through'the same, to the respective parcels granted to the other, and said rater ' �" pipe or plpen, where lands are used for farming or horticulturnl puipoee¢, shall,,at the xequestl - S of the party owning such lands, be placed, at the expense of the owner of the pipe line at a depth undergrcund so that ordinary plowing vlli not affcot' the ease, - i z Notwithstanding anything to the contrary herein contained, it Is.hereby mut-eally agreed t, between the nartlea hereto teat all oil, gas and hydrocarbons Ls, upon and under all of the•real` - -' property hereinafter described, shall be held as tenants in common by Frank A. Forster and John 0. Forster for a period of five (5) years from and after the date of thla deed, and all leases ' 1_ and ther, dna tru,.,sets relating thereto during such period shall be signed jointly-by the parties ha eto,�that all bonus s, royalttea and other benefits derived from a ld oil. gas and other i5 hydrocarbon substances during such period shall-tie stared equally by said Frank A'- Forster and s .� ' d Sohn 0. Forster; that if allorgas In commercially paying quer titles has been discovered-and • s produced from any of said lands within said period of five`(5) Years,:.the :aid.ownership in com- ?•t- r:. _: mon shall continue duringsuchperiod as the same,is being.produced on any portton of the lands hereLnafter deserlbed 1n commercially paying qurrtl les, that}if at the end of said Sive (5� a a f +.fr year pa;Lod, oil, gas,or other hydrocarbon substances have_net bees produced upon_patd land In - =p aommerolally paying,quantit tee, tben all of the name spall reverC to ,tie then owner o1 the r e 1. )� pent Lve pa ce s of:land hereinafter described, and such own shall bcaome the soie and exdlu Lv eaner to fee simple of the entire title to all oil, gas and hydrocarbons in his respective fir_ } i cele. Tba: cny increase of taxes levied upon any of the real property hereinaefore d�ucrtbed, - ' by reason of the deep-op:unnE of oil thereon, or by reaccn of the development of oil on adj olntng' or nearby lands;;eba11 be pa Ld by the parties hereto share and share alike, whether said taxes - be levied os lands partitioned to•Frank A:. Forster or ands'parttt Lonnd to Jo ho-0. Forster,- cr t isf open all'. said Ienfle thattsatd division of payment of said taxes shell continue Scr a per'od + -> L . :. 1 r t { t t a; k bt fLve.'(5f Yaeryt,from and.after the date'of th1'e''deed'and so long-t4areaf$sr'as the parties : P? _ - -. F., .r t"Thereto shall have ownership In common of the c L',.'gas, and other Dydrocarbon eutetar en In �jpo❑ 7 and under all of the real property herein described sa above ee forth. , yq Tha to the jrat nor rail drilled upon any portion of Lhe Lan I De re lnafter denorLb.d for 1 1 kLlthe Qovalopm nt of,any of raid substances shall not produce the amp -Ln paying quar ties nd f k t uaall,�b for Pie l{03 4rz star ad;by4,thayper6nuA hlrm�or corporal{, "'. .Lllhing.t do ,came sad tIlernx ,�y i_ r + j}ag r is capable of being pumped from said well mo.e t'an twentf-f Lve (25) inches of water, than Frank) A. Forster and John O. Forster shall own an undivided one-half Interest each In such water well on any portica of the said land, and In such water. 1 _ The hereinabove referred to land$ are situated In Orange County, California, and deacrLbcl as follows: Parcel 1. (Property.of Frank A. Forster). I _ Beginning at the Southeast corner of Lot Five (5), Section 9tz (6}, Township Eight (8) South, Raogc SeNen (7} West, S. 3. B. 6 Y.. which point to also the Northeast corner of 'he Southeasterly portion of San Juan Capistrano TownaLte; running thence North 00 29' West 1955.00 feet to the Northwest corner of the second portion of the deed contained In Book 155• page 167 of Deeds, Records of Orange County, California; thence North 55° 15' East 104.00 feet; tuence South 36° 30' East 351.00 feet; thence Booth Da 291 test 825.00 feet; thence Borth 60° 301 Vast 1651.00 feet tc the Southeast corner of the land conveyed in Deed recorded in Hook 126, page 282 sof Deeds, Records of Orange County, Calllorn La;::_eaid point being alsotheSouthwest corner of th , deed to Mendelson recorded in Book 65, page 392OfDeeds, Los Angeles County; California; -runnin thence North 700 15' East 16.71 feet to the i(orthwest corner of the land conveyed in Deed re- corded In Book 290, psga297 of Deeds, Records:of -orange-County, Cal Lfornia; mnnLng thence Sout 11° 44' 150 East 2175.35.feat to. the 2outhweat comer-of=above last mentioned deed, xanatng then e South 246 22' 15" Weat"165';55 feet; thence,Houth 470 56' West 1314,76 feet. thence Norh-42° 04' Wsat 1100.00 feet, thence Horth 32-. 42' West 735 39 teet,tothe point-of beginning, containing 106.46-acres, and be ing•shown as Lot One (1) upon map filed In Book 42 page 15 of Record of Sus 4. w7s Of Orango County, California. - s. - Parcel 2. (Property of Jrhn 0." Forster).; Beginning at a po Lat marking the Southeast corner-of Lot Five-(5). Seo-Lon slz (6), Tom ahtp Eight (8) South, Range-Seven (7) .West, B.-B. H 3 v., and the iiortheaat comer of the Routh easterly portion of San Jam Capistrano Tomalte:ae per map filed In Hook 3,-rage 120,r u1sc ll aneoaa Reconla of LosAngeles County,._CaliYornim, 88 sham on Tract lOj as nor map, th exeof re I x coded In Hook 11 pages 29_33, Miscellaneous Yapej Records of Orange'Co my Cal ifomla rap d - pages 9 ��r�S' v ping thence South 32° 42' -Eaat 735.-39-feet thence Sputa 42° Oh' �et't1100 00 feet Lheacecuthl '. x'r <: F 47° 55' asst 1304 12 feet;shone$ South 20° 041 East 300 00 feat thence Sp ith7 5 . 225.00 feet; thence iforth 49° 04' West 115 10 fes theuoe. forth D° 17' 30w Weet jj 50 faseW. t,' to ly i. r s the Southeast corner of the Southeasterly port toa oY sa.d.ean Juan Cap LaL-ons Tomalte .thence Joxth.99° 49' West 207 Os :feet, t encs South 64°. O4x'We0t,''792-Cifeet thence North 44°' ' Teat a.•,_ } N t f-ice s 1371 2C feat•-thence South s9° 54' 30�_Weet 60g 95 feetttoa point in- the East-itne of that oe�, . taro, mperty conveyed o John Forster b/ deed,'iscorded'In' Deed Hook",235 page 116- of ISUd r .. .. , t u r 'i'i lei t Records of Orange County -Cal Lfornia; thence North 0° 50' East145'.60 feet along ti aid ? et line to a poinii on the ScutheaAerly line of Lot Thlx y thred`(33),' ae'ehowe on•said Tract 103, thein - ? - i:iorth 51° 15' East 319.30 feet along sa!d Bouthsaaterly line:to the Seat hxe sterl/ line PI.-L0 L "l ThLTty_one (31) as shown on said Tract 103;-thence.south 41° 371 East 353.75 feet along said Southwesterly line to�the'moat Southerly comer of said "Luf Thirty-one (31); thence Itor L3 39° . ,F 31' 300 East 1723.26 feet-,along the Southeasterly line of said Lot Thts / ore (31) to e.yu int - � in the Northerly line of the southeasterly portion of Ssci Juan Canlstraao TowneLte as per sap � flled Ln YLecel las ecus Records Book a e 120 iReoq'da�of Los Angeles County Callfoxa la ' _ _3, paF rk+, I thence south g9° 30e F.at;164 47 feet alon a LtINor herly line to th point of begins tag, cow ry -3 : tainting 113.65 ao ee andrbeing shown as Lot Two (2) upon,map flied In Book 4;�Fage 15 of & cor5' t3 x F�3 of Surveys of Gran; a County, 'al lfoa ata a 1 M.1 a 7 i Pa acL t (Property of Frnrk A Forster). gegi nLr.g at a point which is located 735-39 feet south 32 42' Eaa as,t .100 00;fe v �y, 6oyt ,42e Olf'.;,Eaat roar ee southeaats L/Icu ver oY Lot Flve (5} ,g_sp ties Stx�;(6)y Township i � ' Light !S) South, Range Seven (7) West, S, B. B. 8 Y., and the lortheast corner of the Joutheast- erLy pntlon of San Juan Capistrano TownsLte, as per map filed In 3ook 3, page 120, ltscellaneoua Records of Low Angeles Ocuntp, California, saki career being shown on Tract 103 as per map thereof ? jreco_ded in Book 11, pages 29_33, Ylacellaneous Yaps, Records of Orange County, CallforTa; run- InIngthence South 6a 30' 00^ Fast 4290.50 feet; thence South 88a 52' Ens: 430,50 fast; thence - - orth 746 40' East 1766.90 feet t, an lion pipe, said pipe ma tY!ng the point of beginning, cited in, deed of the property conveyed to John 0, and. Frank A. Forster as recorded In Deed B-ok 155, (page 107, Records of Orange County, California; thence Rorth 11' 44' 15" West 5055.36 feet to the ISettheast corner of that certain propert,- conveyed to Marcos Forster as recorded In Deed Book 290, Page 237, Deed Records of Orange County, California; thence South 7ga 15' 45• West 56,0,00 feet along the Southerly line of said parcel; thence South 24- 22' 15• Fest 165.55 feet; thence South 47a 561 feet 1314.76 feet to the point of beg Lnning, containing 217.77 acres, and being shown :+ as Lot Three (j) upon map Stled In Book 4, page 15 of Records of Surveys of Orange County,,Callf, Parcel 4. (Property of John 0. Forster). Begtnning at a pe let which is located 735.39:feet South 320 42' East and 1100.00 feet - South 42a 04' East from the Southeasterly comer of.-Lot Five (5), Section Six (6), Township Eight (e) South, Range Seven (7) Weat, S. B. B. G i., and the 7ortheast corner of the So'tbeasterly portion of Saa`Juan-Capistrano TowuaLtc, as per map.f fled In Book 3, page 120, Illi Ileneohs ! :cords of Loa Angeles County, California, Bala corner being shown on Tract 103 as per_map there- of recorded_la Book 11, pages 29-33, Miscellaneous Yaps, Records of Orange County, California; running :hence South 6o 30' 00" east 4290.60 feet to a point which is located 1763.90 feet. Souta 74a 40l West and 4';0.50 `eet i:orth 86a 521- West from an Iron pipe which marks the point of beginning, cited In decd of the property conveyed to John G, and Frank A. Forster, as recorded In Deed Book 155, page 167, Records of Orange Couaty, California; thence South 79a 43' West 156.60 feet; thence Joz h 83- 57' Wes. 1057.09 feet .hence Horth 23' 33' west 1047-15 feet thence North 106 6,Azast.'.?0'.74 feet; thence Horth 6- 55' East 1101.73 fee;-, thence North 21- 31' East -- t :1365-11 feet thence, North PC- 04' West 515,00 feet ;theuce Horth 476 36' East,1304 12 feet.£o,.the - += point of beginning, contatnlcg 106.82 acres, and tieing siown as Lot Four (4) upon map ftli d-'In iBook 4, page 15ofRecord of Surveys of,Omnge County, California. j Paroel 5 (Property of John 0. Forster). - ; i Begloning at the Southwest: corner of the property com:cyei to John O. Forster, as par Deep _ Book 235, page.116 �Records of orange`County,.'Cal lfomla,�, said point being In the center:line ofl the Califurala State-Highway, North�22a Ill East60',73 feet from Engineer's Station 463y6ai14 of sail highwap-' thence fallowing the South and Eaetltnes -" the above described Farce, South '`, I876 56'-Ea ,7 st34 50 feet; thence lorth 546 50' East.,450.00 feet; thence north Qa 50' East 522.73' feat; thence leaving said East line of salt parcel tforth S96 541 3r^ east 608.95 feet; thence 9n,--,h 446 281 East 371.20 feet; thence North 646 04' Fan: 792.05 feet; thence along the South llcc of the Bontheasterly portLon of the Eon Juan Capistrano Towns!ta South 890 48' East 20].08 frit to the Southeast corner of the Southeasterly portlos of said 7ewnsLta; thence South 0?,171 x' 4JJ _.I 30^ Fast 3).5 feet; therce South 496 o4' East 115.10 fee:; thence :forth 47a 561 Fast,225,00 feet; ' _thence Eauth 20a'04'+East 215.00 feet' thence South 21a, 36'-Leat 305.11 feet; thence South 6 i 55' West 1001 73`teot,, th.,rce West-536-74"Seet thesepOoa h 236 33' act 1G17 13 I _ 5 ._. _ .47 feet; thence South 76 . 55' 'West 1565.79 feet; :.hence' South 89 43 _ Waa' IV86.00 �fcet th e,Ce 90 uth Sig 3,� gest X21.05 feet; thence orth 64+ 03, 45^ ',Vest '?392 00 fee. co a paint In the cooter 6 illrc of the rail. A State Bighray, Bald pelnt being firth 41 ^ .act 96.60 tee r m'.EnSln :1 c ca: , S:atteb 4'o-'e,.59.91 of sr.l3- Hlgh-+.ay, mid Htaticn eel^g the ..a. na-Ly end of i c_:ve In said - }' i l.bh—i; thrn,, continuing'North it 141 East 412.83 fee' yang theconte lLi s.oS said I(1 V �his 1 L ' to Eng!naerls S a;t ,^ 471,69,34, which point mark, the 'oeglnnLng of a cu n c 101.:ave to the SOrthreet, and aaving a rsdtus of 1300,00 feet; running thence Northerly &long Said ourve Lhroo Eh an a-r.le of 50 331 309 97.01 feet to Engineer's Station 472+66.35; taence along a lice tangent -.o said curve North 350 40' 300 ,_act 866,31 feet to Englneer'a Station 482,32.66; ran- ' -Ing thence Northeray along a curve concave to Lite Northwest and heving a raulue of 1000,00 Iretj- t �t th=ough an arcle 130 29' 300, a distance of 235.46 feet to Engtneer's Station 483+63.14; :hence along a line tangent :;orth 220 11' East 68&.73 feet to ' he point of beginning, contalcing 239.761 Y acres, a::d bele; storm as Lot Five (5) Upon map filed in Book 4, page 25 of Record of Surveys i of Oranze County, California. Also as a part of :std Parcel 5, that certain strip of land described as beginning at a �I 1 point i the cent-:r of the old Count Road*aa the acme existed In the I P Y year 1507, which point la II1r 29.70 f Bast of the :1ortheast corner of the Pryor Honestead, as per Deo.ee recorded td Book 7 gaga 31 of F..Omcnteads, Records of Los Argelas County, California; thence from Said point of be_ l g LnnLn. aleng the center of said forcer County Road :'Orth No Eaet 679.80 feet; thence ;:Orth 7101 East 324.72 feet- thence North 350 30' East 1374.76 feet; thence North 220 30' Ea;t tc the South west comer of the property conveyed to John 0. Forate: by deed recorded In Book 235, page 116 of Deeds, Records of said Oraage County, said corner being In tae center line of the Californta State Highway; thence Southerly along the center line of said California State Highway to F,ngta- ear's Station 466,59-91 thereof; thence South 410 14' 'rest 130.17 feet to the coat Northerly ':crner of tae land hereinafter described as Parcel 9; thence South 44. 53, 400 Seat 495,63 feet to the point of beginning. Perna' 6. (Property of Frank A. Forste<,. - Beginning at an iron pipe which marks the point of beginning cited in deed of the prcpert t+ conveyed to Joon 0. and Frank A. Forster, as recorded In Deed Book 155, page 167, Records o' Orange Count:, Callfom:a; rinsing thence South 00 15' 450 Fast 5744,06 feet along the firet coarse of said deed; thence South 69° 44' .15° Feat 2140.42 feet; thence forth 00 15' '+5• Test 5294.65 feet; thence South 990 52' East 430.50.feel, thence North 74e�40' aaat 1768 9.1 Meet to ' the point of beginning, containing 268.61 aorea, ani being a own L t'Slx- (6) upon sap filed +" b in Book 4, page 15 of Record of Surveys of Orange Count,, California. Farcel 7. (Property of John 0. Forster). .�� Beginning at a point which is located 4=40.00 feet forth 205 42' 40^ East from the lorth_ easterly comer of Lot Three (3), Block Twenty (20,, Tract 735; as per map therepf recorded Ln Book 22, pages 21-28, 8lsoellanecus !caps, Records d Orange Ooenty,, California, running thence .;orth 870 20' 400 East 1,60,00 feet; thence South. 800 20' East 500.00 feet; thence-:rorth 680 20' East 760.00 feet; thence :'orth 890 39' East 2882.00 feet; thence +orth,00.15' 45• ,Test 5294.6 e9£ Pt9j Peet to a point which is located 1768.90 feet Soath 740 40, "feat and 430,50 feet North-6d0 72 ' 'Jest fru& the oolct of beginning of the flrat portion as cited in deed of property ecnve7ed to , John 0, sed F.w.'< A. Fo=oter as recorded in Deed Book i55, page 1667, Records of f,range G3,Sty, w Call.fornla; thence South 790 43' Stat 156.60 feet; thence forth 83o 57' l=est 1057.00 feet; ' - Feil thence_ South 7&0 53' Test 1565.79 feet; thence South 890 43' treat 486.00 feet; thence Soitt 310 351 Test 621-05 feet; thence South 22o 451, Rest 2043.78 f¢et; thence.South 740- 20' 'Rest 617.11 - - feet; thence Sou:n 1" 51' ,ieat 661.36 eat; thence South 60 47' east,1564.10 feet to the point of beginning, containing 531,73 acres, and being ehhwn se it •wea'(7) upon cap' fL led-io Boo 4, Page 15 of Record of Surveys of Orange County, '....LPOrnta. 4 ?u.cel o?cry o: Frark S. Forster). at the Novtheaut act-aer of.tne Fry r danau:esa, a5 de.,crlbed 1: EQcree mord "�y1rty)�lgi d in .6 j, +1 of P.or ee Sods In Lue of Lce of the Coon ,/ aeco7der of ' ss el s Cc,n tv� Iyk.k California ti.enco 'lolth:8904rj' rant;�tf ZO te't'alaog td a:Xorth rly: .Lne of the Rancho Eac d -• ' _ ,t - ... ii -i i'7, ":c i. •w. is � _i�', 60 j lr. Playa; tnence Horth 440 53, 406 zest 495,66 feet; thence. !forth 4:^ Pl, -set 130,17 feet to c Gtceer's Station 466_59.01 of the cen.,r line of the California Sta.e Highway; thence con- - I t tlnutrg ::orth 41^ 14' Feet alonF the center line of said highway 96.6 feet to the true polct of bcglnning of the Land to he hereln described; running thence from ;.aid point of beginning South c40 03, 45^ East 2392.0 fee'.; tnence 0outh 220 45' West 2043,70 feet; thence South 74^ 20' West - - b17.11 feet;ther,ce South 620 30' 45" W.et 1127.52 feet; thence South 610 04' West 1300,17 feet; rW� tocnce South 760 Wes; 755,36 feet to a point In the Easterly line of the California State 2lgh- (®� ray; thence North 50 OL' 30' La 3L along said line of said 'nlghway 238 feet, _ore or leve, to the Intersection with the Easterly line of said Pryor Homestead; thence along held dactnrly line of Isaid Prior From estead :%o r❑ 270 53' 30" ia-t 89.95 Seat; Horth 50 301 30^ East 1047.16 feet; and North 13^ 32' East 431.67 feet to the tntersect!on of said Easterly line oflsald Pryor Homestead wltn the center line of said California State F'lghway; thence Northerly along said center line along a curve thereof 362.12 ret to the Northerly end of said curve; thence continuing along the i ( enter line of said highway ilo rt❑ j80 54' East 1565.30 feet to Engineer's station 45441.88 thereof; thence continuing Northerly along the center line of said highway along a curve thereof; 215.17 feet to the Northerly end of said curve at Engineer's Station 4561.90,05; thence ecatlnu- j Ing along the center line of said highway :north 260 24' East 710.97 feet to Ergtneer's Station P 464,01,02; whlcb point marks the beginning of a curve In said center line concave to the East, taving a radius of 1000 feet; thence Northerly along said curve 258.89 feet to Engineer', Station t 466+59.91; and thence North 41^ 14' East 96.6 feet to the true point ofbeginning, containing , 224,71 acres, and being shown as Lot Eight (8) upon map filed In Book 4, page 15 of Record of Surveys of Orange County, Czllfr•nla. Parcel 9. (Property of John O. Forster). Beginning :r. a point. c- the Northerly Linn of the Pancho Roca de la Playa, at ;he North- east career of the Pryor -ocestead, as per Decree In Book 7, page 31 of Homesteads, Records of Loa Angeles County, California; running thence along said Rancho line North 89^ 45' last 29.70 feet; %'sense t1ortii 440 53' 400 East 495,66 feet to the P. 1. of a curve on the State HLghway, v concave to the-a at and having-a center llne`radLua of 1000.00 feet and length of 258,39-feet ( - - thence along a-tangent to said curve South 260 24' West 130.17 feet to Engineer's Station - 461.+01.02 at the South end of Bald curve; thence continuing along a tangent along the center line t i of said Highway South 260 24' West 710,97 feet to Engineer's Station 456+90.05, which point marks the beginning of a. terve concave to the Test and having a radius of 1000.00 feet; thence Southerly ' along Paid curve 218.17 feet to Engineer's S,atlon 454*71.8.:; thence along a tangent South 3s01 54- 'nes; 471.87 feet to Engineer's F.tation 450+00.00; thence leaving said highway North 510 06' ^ West 274.61 _feet to a point on the Easterly line of said Pryor F..c_estead; thence North 380 33' ' . 30" East 997.85 feet ulooe said Eaaf:rly 1}ne to the pcirt of beginning, containing 7.08 acres and 'oeing shown as Lot Nlne (5) upon map ftied in Hook 4, page 15 of Record o£ Survey's of Orange: County, California. t' - Parcel 10. (Property of John 0. Forster). Beginning at a point on the 'da scerl.y line 1f the Pryer P.os seised as deecrlbed In Decree G(�� recorded in Book 7, page 31 of Homesteads In the office of the Courcy Rrccrder of Lon Angeies ,.l County, Cal lfornla; which point l0 5o math 380 331 �0.1%_est 997.55 feet from the :7oxth ea et;corner; L of safa dryor Homestead; -running thence from said point of teglnning South 51006' East274.61 y fest to a pointInthe center line of the California State HLghnay at Engineer's Station - - r777 iF etja� 1450+0r,.OO, t,ten cs'alcng the c=nt,r LLne of r a I!Ignway South p»' Tent :093.43 feet to tee �`f a b-wtnning of It curie In esti cotter lire; ti1ea"c 9eytierl; al 'a-1 curve 3'2.72 feet to an . �Lth the line of ,aid Pryor Ic.c ^a.i, c- aLmd ld Zns ezLy lino p 1^7 ' �va "E THvely i{. , I -n'd Pryor homes toad No th 130 32- Faet1697 00!feet illoxth-,31 t9'-Eaet 510 8j,feet,1 sn41(orth 36^ 331 302 Fast 273.41 feet to the point of beginning, containing 7,02 acres, end being ahc%n as Lo: Ten (10) upon map fLi,d In Bool: 4, page 15 of Record of Curveys of Orange County, Calif_ i ornla. -- Parcel ).2. (2roperty of John C. yorater). Beginning at the intereectton of the Easterly line of the Pryor Homestead, ar described s j lc Decree recorded In gook 7, paga 31 of Homesteads In the office of the County Records. of , 1 Loc ..ngeles County, California, with the center line of the California State Highway at Engineer Station 416+49.24 thereof; thence following the :asterly line of said Pryor Homestead South 27° 531 30" West 265.41 feet and South 279 oS, 40• East 193.61 feet to the center line of said H.gh--I (� way at Engineer's Station 412!40.64; and thence northerly along the center 1Lle of said fllgi,way 408.44 feet to the point of beginning, and being ahem as Lot Twelve (12) upon rap filed in $� Book 4, pace 15 of Record of Surveys of Orange County, Callfornla. Parcel 13. (. roperty of John 0. Forster). , Beginning at the most Northeasterly comer of Lot Three (3„ Block Twenty (20), Tract 735 as per Hap thereof recorded In Book 22, pages 21-28, Nlscellaneoue Maps, Records of CTange Count , a California; running thence In the following courses, namely, along the Northeasterly lino of j said Tract 735 ;forth 690 171 20" West 368.55 feet; thence South 79° OL-300 West 470.47 feet; thence South SO° 301 50" West 584.62 feet; thence North 33" 461 East 135.29 feat,; thence North I ,. 569 141 ''fest 127,70 feet; thence South 660 56! West 322.55 feet; thence South 5 '° 141 East 304.16' feet; thence South 190 OL 30" West 327 feet; thence North.800 221 West 212.69 feet to the begin ntng of a curve concave to the Northeast of Radice 104.49 feet; thence along said curve through i an angle of 570 53' f", the long chard of said curve being :forth 51°- 251 15" seat 101.14 feet to the end of said curve; thence leaving said Northerly line on a line tangent to said curve North 22° 2S' 30" Best 1337.72 feet, said line being..he Easterly line of Pacific Avenue; theme Borth 170 14' lest 125.34 feet to a point on the Easterly line cf the CalIfornia State Highway; thence along said Easterly line or Bald highway North 50 011 30" oat 202.97 :eet themes 1eavLn State Highway North 760 001 East 755.38 feet; thenceNorth 610 041 East 1300 17 feet thence North 62° 30' 45" East 1127:52 feet; thence'eouth 13- 511 West 681.36. ' than ce Bnuth e'a 471 - , ?set 1554,10 fees; thence South 200 421 40"'We9t 440.00 feet tothepoint o1 beg;awing;'contain Ing 122.86 acres, and being shown as Lot Thirteen (13) upon rap filed In Book 4, page 15 of 1 - Record of Surve;s of Orange County, California. - - -- - Parcel 14, (Property of John 0 Forster). I Beginning at the most tforrheasterly corner of Lot Three (3), Block Twenty (26), Tract 735, as per map tnereof recorded In Book 22, pagea 21-28, ii;cellaneous Maps, records of Orange ® County, California; running thence worth 200 42' 40• East 440 feet; thence North 87th 201 40• Fast 460,00 fee%; 'Bence South 80° 20' East 900.00 feet;:thence North SS° 201 East 760.G0 feet; thence i.o riR 690 39' _a at 2852,00 feet; then ce 90 nth 4S'• 57l 25• West 2017.85 feet to the most North- easterly corner n. that certain parcel of land conveyed to Capistrano Beach Company, dS record_ (- ed In Deed Eo.:c 681, page 200, Deed Records of Orange County, CaltfornLa; t%ence !ior'ta 74° +f dl 44' =4" W;at 120.,2 feet to tiie cost Ncrthnesterly corner of sold parcel; thence South 20" 411 37" heat 331,64 feet along the veaterly line of said parcel to a point In the Northerly line of i , S Tract 833, as ;:er clap thereof recorded In Souk 27, pages 1-10, Nlscellareous Laps Records ef I i Oran3 o,Ouunt y, California; _thence North 69° 17' 20• meet 3625.81 feetnlong the''-t oxtherlp'line' I (` of said Tract 853 and Northwesterly e,t,nsl,n tner.x� and Sortharly line of said Tract 735 to the ;' r'C AJr y poise )f begLnnL^. , oonte,ining 105,6; some, and being chows an Let Fenrteen (14) upon map I PI filed lar Scow 4, rL,e 15 of '-coed of Sur:eye of orange Comity, Calltornia. 1 2a 1 15• ( roierty of FT rk A. ]or ce ) �}y f 3eglrnlag;at the Ifo! hear to ly. comer,of-.T act 553, n pe ap- h ren r coz r ii ._Hoak 27, pages 1-10, Orange County, California, being also tLe most Bout Lerly corner of the property conveyed to Cxpletrano Beach Compan7, as recorded In Book 661, page 2CO, RecorCa of Orange Cr--n-y. California; running thence North 150 50' 25' East 344.23 feet along the Easterly line of the veld p-o:erty an conveyed to Capistrano Beach Camaeny to the Northeasterly corner of satd_�property conveyed to Capistrano Beach Company; thence North 460 57' 25' Fast 2017.85 feet; thence South 210 51' East 2237.87 feet; thence Stuth 610 57' 55• West 2102.90' feet to a point in the South- eae' +rly exteaston of the Northeasterly line of sold Tract 883; thence north 229 47' 20' West 1527.60 feet along the said Southeasterly extension of and the Maxtbeeeterly line of Trant 263 to the pok-�t of beginning, containing 95.55 acres, and being shown as Lot Fifteen (15) upon sap filed in Boak 4, page 15 of Record of Surveys of Orange County,,California. Parcel 16. (Property of Frank A. Forster). BegLan.ing at a point is the Northeasterly line of that certain parcel of land conveyed to The First Sattenal Bank of Santa Ana, Callforrla, by John 0. Forster, at al, as per deed recorded Iin Book 548, page 115, Beed Reasrde of Orange County, California, edits point to located 1527.80 (feet South 220 If;' 20' East from the most Northeaaterly comer of Tract 883, as per map LLereof _ (recorded In Book 27, pages 1-10, Miscellaneous Laps, Records of Orange County, California; run_ ning thence North 610 57' 55' East 2102.;6 feet; thence South l° 59' 10' West leC6.77 feet; thence Beta 670 12' 40' West 1336.17 feet to a point in the said Sortheasterly line of said parcel of land; thence Borth 22° 471 P.0• Fest 1450-CO feet along the said Northeasterly line to the point of beginning, containing 60.04 acres, and being shown lie Lot Sixteen (16) upon map filed In Book 4, nage 15 of Record of Surveys of Orange County, California. Parcel 17. (Propert,, of Frank A. Forster). - Beginning at a ooint which is located 2977.80 feet South 220 47' 20' East from :he most Northea3tarly comer of Tract 883, as perrap thereof recorded In Book 27, pages 1-10, 111 nallace- ads Maps, Pecorda of Orange County, CalliornLa; ranniog thence North 670 12, 40' East 1336._7 feet; thence North 10 39' 10" Haat 1:08.77 feet; thence North 21a 51' West 2237.87 feet; thence 7' North 690 44' 150 Fast 2140,52 fiat, more or less, to a point to the Easterly line of.that car- - ?- �A tate propertyasconveyed to John 0,, and Frank A. Forster, an reworded in Book 155, Page 165, Records of Orange County, Caltfornla, thence South 00 15' 451 resat.6479.94,feet, along paid East- erly il.e; thance South 790 57, 39" We4t 217.65 feet to the most Dtsterly corner of that certain property as conveyed to The First 8atloral Bank of Santa Ara, by Deed-Book 548, page 115, Deed Records of Grange County, California; thence Borth 500 49,' 30' West 1361.76 feet along the !forth- easterly line of the above referred pa-cel as conveyed to The First --ational. Bank of Santa Ara, - ( California; thence North 22° 47' 20' West 3514.33 feet conttnuing along thesaidNortheasterly line to the point of.begLoning, containing 321.43 acres, aed being shorn as Lot Seventeen (17) upon map filed to Book It, page.l5 of Record of Surveys of Orange county, California. _ Parcel 18. (Property of Frank A. Forster.) Beglantng at the most Easterly corner of thrt certain parcel of lend conveyed to The First daticcat Be .1 of Santa Ana by deed as recorded in Book 548, page 115 of nerds, Records of Orange County, California; runnlr.g thence South 17° 36' 'Rest 412.20 feet clong the Easterly line of Bald parcel; thence IIorth Seo 00, East 80.00 feet; thence "oath 670,001 ant 100.00 feet; thence South-8° 34'_ 30' 'Real 1022.63 feet to a polar in the center lineof the California State - 11164 oy, 'cold pointusinglocated.at Engtr.eer'a Station 242+90.00 ofsaidhighway; thence South 55° 05' 30' 'east 56.22 feet to Engineer's Station. 242,03.28 b !,ng thio beginning of a-curie con-, cave to toe Southwest of rndlus 2596.90 feet; the:;ce conticuing South 55° 05, j0s Fent 213.68 -.) + feet e!cng the tangent. Llcz e ni sold ,live to the F. I. tteroY; t;en act South F6° 27' 00' East � Y$ 1 1'J5,45ee alu^g one tat n ie Of s Ld u vs to a c t Ln t as erly Lne of tet SL 1 (' y CYk 1 ceiorLot parec' eY land , ea vcy d to Jc hn u z and r NaA. Forster, A as pen need recorded Lt Book: syr�f Afp -�.I.155 i.Da dn,167��i pc e`ds��Re cortls of Orange C urt'y,' Cellfornta runningi„t sen cc No th 0° 1�';:49' / -;N ------ ------------ -- --- -- --- -- - --- --- - - - west 1725.06 feet, more or leea. along said Easterly IVne of parcel conveyed to .oho C. and Frank A. Fora'.er to a point, said point being north 79° 57' 3C'.Fast from the print of beginning thence South 79° 57' 300 West 217.65 feet to the point of beginning, contatnlc 9.31 bore:, and-� being shown as Lot iighteen (18) upon map filed In Book 4, page 15 of 2ecord of SUrveya of Crange County, Oallfornte. , Parcel 19. (Property of John 0. Forster). 3eginning at a point of Ineevsectton of the :.aster_y line of that oertatn parcel of Lacd c?nveyed to The First National Bank of Santa Are, as per Deed recorded In Book 548, page :15 i of Deeds, Records of Orange County, California, by the center line of the Cali.:rnla State lghway, std point being Engineer's Station 246+41.82 of raid State HL ghway; running thence qq -forth 17° 36' Fast 288.00 feet along said Easterly line; thence Horth 860 00' =set 60,00 feet; HH88 tnenee South 6'° 00' Fast 100.00 feet; thence °oath 8° 34' 30" Teat 1022.63 feet to a point to the center line of the said State Highway at Eagiaeer'sStation 242+90.00; thence Horth 55° 05' 30' Sect 351,62 feet along said center line to the point of beginning, containing 5,27 acre a, and being shown as Lot Nineteen (1.9) upon map filed In Book 4, cage 15 of Record of Sarvey: of Orange County, Callfornta. ' Parcel 20. (Property of John O. Forster). ' Beginning at the Moet Northeasterly corner of Block ^C'', Tract No. 797, as per map there— of recorded In book 24, page 11, YA scellaneous Laps, Records of Orange County, California, as Ld ooint being also In the Southwesterly line of the Atchison, Topeka and Santa Fe Railroad Right of Hay; . ng thence along said Southwesterly line of the said right of way South 5j° 05' 30w mr.i Fast 405.93 feet; thence South 6° 30' 'Fest 130.00 feet, more or lege, t t:-e line of ordinary high tide of the Pacific Ocean; thence Ilorthwesterly along said high tide line 415.00 feat, more ..r lees, to the Southwesterly prolongation of the Southeasterly llce of said Block 'C' of ::act iia. 797; *.hence [:ortn 170 36' fast 234.03- feet, more or less, bong Fa id pro:ongation and South-.I easterly line to the point of beginning; contalaing.11 6;acres, andbeing shown as Lot Twenty (20 upon.bap filed in Book 4„ page 15 of Record•of.Su_rveysof.Urange County, California. Parcel 21. (property of Frank'A. Forster) Beginning at a point In the Southwesterly llne�of the Atchison, Topeka and Santa =_ Ba Llrea-d Right of 'day, said point being located 405.93 feet South 55. 05' 30" East along std line fro,s tae Northeast corner of Block 'C", Tract No,.. 797, as per Book 24, _'age 11, '"acellan--� eons-maps, Records of Orange County,- California; the :cd-..South 550 05' 30' East 15.93 feet along : Bald line to the beginning of a-curve. concave to the Southwest and having a radius of 2&1.4.90 ( . feet; thence Southeasterly along mid curve 390.00 feet to the Easterly line of the first parcel' of land conveyed to John 0. and Frani A. Forster, as described In a decd recorded in Book 155, page 167 of Deeda, Records of Orange County, California; thence South 0° 15' 41j• Seat 146.00 \ feet, :sore or less, along cold Fasterl' line to the line of ordinary high tide of the Paaflc i Ocean; thence aorthwe.tarly along said high tide line 415.00 feet, more or lee,, t, a ootnt in a line South 6' 30' Rest through the point of beginning; thence So rth 6° 30' East 130.00 feet, -:err_ or less, to the acini of beginning, and eon to intog 1.1 acres, and being sc9+on as Lot Twenty one (21) upon map filedinBook _, page of Record of Surveys of Orange County, California. . _ HITN--5S the slgnaturea of ,the parties hereto the-day and.year first above written.' - Frank.A. Forster - - Ada 3 Foster A } Fl rat Parties. I r John 0 Forster F � Is11 i5 r( Yoe E. Foi.a r 'Ae .,Second Pnrttae.1,1; n 84 �5Late of California, ) ;County of Orange, Sas, On tnis 6th day of October, 1930, before me, A. W. Rutan a '10-a T Pub!.Ic In and for said County and State, po roo Helly appeared Frank A. - - iForater ani Ads. B. Forster, husband and wife, known to me to be the nersor•, whose races are sub- ccrLbed to the foregoing Instru_ent, and acknowledged to me that they axecuted the ai e. 711:as4 my hand and offleial seal. ((SEAL)) A. X. Ratan 9otaty Public In and for said County and State. �Sta-.e of California, )) , as. On this nth day of October, 1930, befor: ze, A. R. Putan a :votary !'oO=ty of Orange, ))) Public In and for said County and Stace, personally appeared Joan 0. (Forster end Sae E. Forster, hasher..: and wife, known to me to be the persons whose Dazes are aub- !acrited to the foregoing Instrument, and acknowledged to me that they executed the came. 417hESS my aand and official seal. ! ((SEAL); A. W. Ratan Notary Public In and for said County and State. i Recorded at request of Attorceya Oct. 6, 1930 At 15 Min. past 2 P.H. L•: Book 426 Page 75 ;;ff:Gte1 Records of Orange County. Just,ne Whitney, County Recorder. I :•abel '6LLklneon CMPARED Mable Pruitt : 27912 GRANT DEED (CCDZ DEED) C.C. See. 1092 _ ARCF TETEIUki and ETT7 TETEIMIM, husband and wife of the City of Los Ange of the I �Co:.nty of Loa Angeles, State of California for aad In consideration of the of Teri Dollars ; the receipt whereof is hereby acknowledged, do hereby Grant to WILLIE G all that Teal property 4 sttuated In County of Cran_.a, Stare of California, bounded and des-r, ' d as follows: i The .Southeasterly one-hal:' (SE'ly)-) of the douthwesterl,�y ',g�al'e_haJf (S'd'ly�) of the South- +- leesterly enc-half 25E'/y}) of Lot three Hundred Thirty-one (,'31) In Block Thi rt sen (13) of Sr- - - -ntLago, and flint and elxby's Allotmentpeffi the Fnncho vine's SubdLvison of the Ranchos San J^aquin, Lomas de,,Seadtiago de Santa Ana. (Subject to the reservation of the Northeast iY 15 feet and the 'Northwesterly 12 feet of i fiche hereinbefore decorlbed omperty for road parsen.) j (Sebjec: also to tae reservations of a Southwesterly 33 feet thereof for road ourpcsms.) Subject a-so to rlghta of way of, 'cord, ). j !� (°u'oje<' aloe to lac:rob:ar.^cs r,d Tnxee of record.) :7i 7::=55 our banns th lu :o J., da/ if January, 1930. PAron Teten..n -y 3tty Letecsan r 1 ` IStatc of Caiifornia, �t c before ^e, the ander- - as. Or, this Third day of January A. D., lr j7, L� '�',� I Cc,:nty of Los AnKel signed, Lcule Sherr a No cart' Public in and for said County and 9tste, persona L' appeared A-on ':_termnn kuuwn to me, (or proved to rte on tae cath of _ ), to be Fcrooc.) t jae rd--ea ec sicecrlbed to the nit'nln instrument, and acl:r.c'r'_e±ged to ue eha: ;bsy muted fr N{ uzeus e nr ha n zed EtfLx d my official s al dor an (. ufly a yes n L fLont e^tl nt Hoot a'n It tee )w' r :..r 12 5 - 195 TfEM#i .3 =2110 X407' 5787'9 — cRAn:° IeEn In ccnalderaLlon of Ten Dillars, receipt of which is hereby - t _ oc'cnciledged, :W9C0 F. FORSTEA and Ea3ZABETM J. FORSTER, husband and a •rife, & hereby OrenY. to JAFMS E. m:m4Y, a carried ,.an, a1 un`ivided- - One-half- Interest as. his eeparate Pronerty, aha LO=TA ROSS-.3AAYE7C,�':•1e wife, nn undivided one-half interest as her separate property, gail that rc:1 pro-erty In the Count? of Cranee, Stare of California, .deacritec as Parcel 1 Co.='ncanC.:at he 1-tereectioa of the r rtheasterly(line' ce a'n ,orcel of land de' .r±bed as Parcel o In the deed rec.rded O;toSLr:bta19j0 -in ?o6:: 426, a 75 of Official Records, with the vett- - t er as e.,.,cf tie Californ±s State Fighway (-100 feet.'w'de) as described in s .tit ,a"tolaSa Teel- recorded-I11aceaber-2>th,`:lg•'44 ia`_Boot 1267 pe,a ::; t-- _Ct_,ac a3>?'.eoorda; ace South '55' 49°-;02•.lieat alo::y the ceu'ter�line 'Or ' - -.:> d H+g!rxay j41.93 *_Lt' thence leaving calx 31 h a.7 South 20'. 4142 �Egat ` `:32 Ol fee` to the =a Southerly corner .the tract of 10.5754cros:'- co ve-red vi iu-co, F Forster and rife .o Mareace A. 3r1.m b- deer dazed '_. be Boz -21st,- 1847aand recor8.ed.December 30th, 19!-7-1a Bond 16'04- w 4l1 of Oftisial Records;-thence-!!orth 47'�a� "O•.East alo.-rg.tate Souter of said aand con-.eyed to Srovn, 139 See.; tLence contintlrg 'crg i said Soatterl lIne._and its Easterl- extension, South 7e' 2�:' 40•,East o7o.O5,-feet to a a�i.nt. in tie Southweaterly line of Parcel 2�descrl'_- I 3� .1d deedtc B_rva, 3a14 ooinz also l•eirw the ',:.-us ;:* nt cf be; lana g -- - ;:e .order:; herein described, said-.i�lnt r�so being the 'ortieas.e.'p - r of -t '-'F 73 acre _arce1 shown an-a Licensed Su.veyar13.1 map.f L'ed ' _n�3:o2 21, -i;e 1 of Record of S%z=ve-3 1n the office of the-.COuntT :2- -�der c_ Oran,;e Cv:nty, Ctiiforala; tbe.nce fro= saki true -.;oint of ,:re Sout_',eaterly ar.4 Eesterl? !lies of Parcel c deacrl6ed la ±' _eed-to B^cu-r, Sout 70° 249 Lo- Past 2y1.57 feet; `hence Saut 25' -- r ,. ' r vo 3j feet; t`ence 3outa �', 071 yJ° Eat 597-47- 3 i cr tre res a ly line of Parcel 2 de cribed K aaid ;eed to Hrof� a ,d - - nosh ''SC' 20•.tife9t 10?'�eet, t!ence ortb: of � ` t. a6 the -os* 3oi .-easterly corner of said,'.1'- 773 ae �tercel, l7'- _ ,0^ rash 72j.Eq feet to the re'_o'rt c aLinE 9.187 acres. . ery .. re_ra= an undlrVed lji/15J` s ?nterest 1 : P_,A o a rri. e crib-d as follows: -Beg?-t'nd at. the ost Ea:z - ..er or ferrel 1 of t �la.nd dear i"bed in t:e deedLto.uerdelF - d 0,!:#,-a, ecordza December 30th, 1947 1n Book A03, a4,e-L29.6 of 0 '1 . c+ ' _iecbrIls .peace 9oith '96' 09`•-20• :eat`150 feet; -40.26feet - t:ence Lor*h;:7?..41' 204 Hast 9.9' feet;'Dace+. i u.`rf T40', ` ,0° E1 t--,7o.'+'6 eee -i^ - t e .ce ,:orth15' 45' -2p• t-1,0 ev. o �c a eclat of:Began, +n^;' hence Hurt. 15' -rpt 202tii r94-- + W '.err - o�� 7-' '4!-r 4o• Vest 9.^^ feet; thence 6outa 15' � ;o�" �? a"'t;a feet; --:ce 36'a" 'he '40' Bast to he po1.:� of oeEinalnC, �'••. Rase.v 's�z e�eat r'Lr'road,.pine lines, power '_lues, etc.. ;alo ¢, � u jdzr: s r±n of land'20 feet LSa♦±dt ir, the center line of, sr�ibh 1a c:;criced. as fc'_ioaa: Beginning at a p-Ant in the Southwesterly 12ne of said _a,cel, 3a13 xint berg ?forth u7' 3O' 2C• Best 'x.''0.26`feet front te -- �st Scutherly corner thereof; thence 2:orth 7' 416 20 East 79— feet; 'Y ence !i-rota 9' 23t 209 Eget 220.33 fez: to the beg`=Irg of a cu:we cc.-.- cave to the .,Czt -•:d ::nvlrg rig a central ale of 73' 401 and a rae-lus of :OG feet; thence 'io:thves`s^ ly along the are cf amid nave 126.57,feet; ai-, : ce .:orth o- 15' SO° Feet 13C.7b feet to a point In the Westerly 1_ne of aald._arcel. .`. 31ao- reserving an easement b feet 1n width fOr_ e_z u:derground water -i_ e line; the cea`er line of which Is described as folio-.a:. 3eglnaing r am 2110 m408 at a point in.the Southwesterly line of said parcel, said point being --- North t7. 306 20• West 249.00 feet from the soot Scuthex:y corner-there-of; thence North 39. 52' 506 Sant 22.44 fast; thence North 15. 45' 206 East to a point in the Nortbsrly line thereof. Also reserving an cosecant 6 feet In width for an underground pipe line, the center line of which is described as follow..: Beginning at a point in the southeasterly line of the reservoir site above excepted, sale point being North 15. 456 20• East 37.03 feet from the most Southerly 74 corner thereof; thence South . 146 We soot 22.32 feet; and thence North 83. 47' 20a East 263.28 feet to a point In the Easterly line thereof. ?&reel 2. Am assonant 6 feet In width, to bk used in common with others:[o comtruot, use, saintain, repair and replace an underground water pip* line, the center line of which is described as follows Beginning at Station 455►87 In the osater line of the California State-Highway (100 feet wide) as dean lbel In a ;mitelaim Deem recorded Doesmber 29th, 1944 in Doak 1287, page 462 �f Official R•oords; thane South 594,474', 50• East 96.00 fest;.thence south Ea -:35. 03' 46■ ot 565-46, feet; thence:South 36• '-288'East 1173-64 feet;" Lhaae& Horth 19. 246 - 208 East 1at 648.68 fest; thence �3�G4.j8 teat; thence North. 39* 52' 50e-Sc North lye J' 206 East 67.03 fact; thence North 74. 14' 408 vest 22.32 - feet to a po7tt in the Fiat,line of the Farelnsbove described reservoir site. --- - - - Excepting that portioa-of said easement lying within Parcel 1 here- lnabove- described. Parcel An easement for road, pipe lines, power linea, etc., to be uso400smor. with others, u"dsr and along a strip of lea0 3o feet In width, the center line of which In described-as follows: - Commencing at the Intersection of the Northeasterly L.ne of that aertala parcel of land described as Parcel 6 i a deed recorded Cetober - 6th, 1930 10 Back 428, page 75 of Official Records with the center line of the California State $mghway (100 feat wide). as described in the mit- claim,Deed recorded Deoeaber 29th, 1944 in Book 1287, "Page 462 of Official- Record"; fficialRecords; thence South 35. 496 028 vest along the center line of said Nigh- way, 34feet to the true point of beginning; thence South 2C' 44' East 132-01 feet to the Southerly corner of the tract of 10.5T5 acres conveyed by Nemo F. Forster and wife to Clarence R. Brawn by deed dated October 21st, 1547 and recorded December 30th, 1947 in Bock 1604, page 411 of Official Reearde; thence South 30. 26' 408 Saab 21.43 feet; thence South 21e:29! 202Aimt 634.52 fest; thence South 27' 59 50' West 586.56 feet to;the bagln[iing_Of a curve. concave to-,tho,Northvest having a central uA,1a..�or'31•;.4]' 'and a radius*of 400.taet;'fthenee:is a Southwesterly diridtloII along the ara oftheabove mentions! curve 92.26 feet; thence south::-39•:466 50e West 102.53 feet to the beg1nnin of a curve concave-to the Southeast having a central canals of 28. 161- 50' and. a re41•36 of 200 - '. _ feet'' thence Scuthboateely and Southerly along the are of the above ase- - Honed curve, 98.72 feet; thence South 11• :30! OOa Went 136.18 feet to , the.-beginning cf a curve concave to the Northeast having a central angle of 85. 006--026"and a radius.of 100 feet;--theirs Southeasterly alonthe arec.of the above- mentioned curve, 146.35 foot; thence South 73'30' OP• East.145 66 feet; [!.sacs South 850 00' O6.R.: Salt 401. 3-feet to.the'begin sing;of a aurva concave to the. %orth Fiviag a- eeatra angle of 23. 07 54+' s_�d-a radius.of 300 feet;;thence in an Easterly direction along the ere of, akove'santloned ourr,i, 121.12 feet. thence North '1. 52' 001. haat 233.97 feet-to the beginning of a curve concays to the Northwest having ' a aeatral'angle of 546 00' 4000 and it radius of 15o feet; thence in a Northeasterly direction slang the aro of the above aontioaed ou:•vs 141.40 fait; thence,North 17^ 51' 20' East 212.13 feet to the beginning of a curve concave to the Southeast having a •cea%ral angle of 36. 48' 30' and. ` A ^adiue of 150 feet; thence In a Northeasterly direction along the are of the Above nentionad curve 96.36 feet; thence .north 5' 39' 50' Eaat 91,2$ feet; thenceNerta 62. 36' 20' EAet 93.90 feet to a ;oint In the Southerly line of 2areel i as described 1n the deed to Yendell S. McCracken and others, recorded December 70th, 1947 In Book 160„ page 293 of Official - Records, whlah bears Horth 59' 19' @0' West 167.69 feet from the moat - 2 i - m21lo w4ns Sou•herly cc ter of said land conveyed to XaCraoken. i`he aide lines of the 30 foot saaeeent being shortened or extended ao as to terminatein the Southeasterly property line of the California tats Highway and to terainate in the Easterly end thereof in said - - SOuthe:ly line of the land conveyed to XeCracken. Reserving free the above described 30 foot strip that portion lying wltain the California State Highway. ?areal 4. An easement for road, pipe lines, power lines, eta., to be uaeX-raa002on with others, along andundera strip of land 20 feet In width, the center line of which In described as follows: 3eginning at a point in the southerly line of Parcel 1 of the land conveyed to Wendell E. XcCraokea and others by deed recorded December 30th, 1947 In Book 16031;page 296 of.Offielal Records, iddah point is the termination of the center line of'.the 30 foot eassaent above described In parcel 3; running thence North 62- 5S# 20e East 12.40 feet to the be- ginning of a curve concave-to the Northwest, having c central angle of 21- 591 and-a radius of.300,,fsit; thence,in a,Northeasterly direction; 'along the arc of the above mentioned Curve 215.10 feat; thence North 4C•.354 20- East 205 0•East-205 36 feet to the beglnnlag of a-curve concave to the West having a central angle :if 32' 58s and a radius of 200 feet; thence In a tortherly .dlreatlon alon3 the aro'of--the above ientioned cu.-ve 115,08 feet;-'.the:.as t:arth 7e° 41' 20 East.'178.78 feet; thence North 9e 23' 200 Fast 220.33 feet to the bsgianing of a curve, concave to ;he West, having &'central angle of 73e 40' and a radius of 100 feet; thence No-thwesterly along the are of uaid carve 128.57'.feat-and tnence, North 64•. 16, 4o• West 150.76 feet. - '...:y. F.zeept Lag therefrom ths.portion thereof Included in Parcel 1 above describe^. - Dated this 3th day of October, 1949. s Grantees hereby accept--thie'Qeed and 8;, res that the interestae - qulred by :AES E. F- RVhereunder. is- hts separate property,',. that. - i. :the intES ereat acquired by LORETTA ROSS HALRVEY hereunder is her'aeparate - i .:property. z e 3CO8DKD AZ 3�L:Esc O¢ ' GRANTEE•, '.. a .195Q d 900 A.K x!2110 vACE307 ,;erir,,,i eBroens S: A 1 i B=211O MUM STATS Or CALIFOaNlA) On this 14W day ofd—, 1950, before as— ��/./.^s•� • Notary Publio 1n and for said County and State, pereon&117 appeared NIRCO r. roaswt and ELIZIL_Z B J. F(SSM, known' to m, to be the persons whose names ars sabscribed tt, the for*VL•g instrument Ana acknowledged to me that " they ezecated the AAae. UITMW ey hacd And off3e1al seal. Notary.County..and'State.r' ' Z G: ,5 7910 oi0 . y rs 44 .`T� made tbic._4th`iT{4'ti^r -s•7^j �C�c'R�C£.i:E! q -u+a kGs-`a& > - LA ' cre 3'So,lriq=the a r —d 67-A= D-4e1,Tr�.sade�' .S" Y Yid for IWR.ICT A\ LE GUARANTY COVPA.Y,, a<wporeaoa.7 Sm.ta Aw,`.CeSM<w t L _ . . - Y c nAacixert.Y.._1766.5 .a 2000__. Ped 167: a(Ojridd Rnerd...a ie ufa<.J ` 'pp'rky�� ` +� ekt,Cs.rry M O�e.6e',Caanq a aa< bre.faQT,Psd mgFed. 'k v i' y 'tts,mdA C7 ANDTT7fECDARA.�TY COYPANT..,,'`m s�- s,.ti� t a d(t4 ereeprm.itudctm"bedN c( {b..mad ASSTRAC7 A.YDTRLE f.DAP.AN7T n" �" t hCOMPANY;v TtvYs�.nfsrors bras La,$T 6.i"-ta •ed°f Pratt d dp tod?nNtd Gam/�m�T•T' "} �F 8010 dmCptia(oj,ad p-rriret ` 5�. _ b ",i U ' to��jxsmf,,od daSTRACT , 1:rS. C 4NTY COXPA,�Y;fat i r � Li be daTT dgtd bT i< Lu7T aaLiorizd ojico � it< rw 4 dSe 2aT mad TesF l�ab°OC�. DARdYTY COMPANY Tra,r< ABS—ItA D VATF OF rALIFOR IA.. " CoauT (grµy O.tiv -3Lh daT o i . 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N �?,', 6 o Me ou aY F T FI V• f Fr " T „101/11 f1>" } ' ... —;r;:=y'' r.:.• —.. ,y Li o 1i CUP }°ji Tr H )Jf•lett :t JIJ.wr. td F is °:< 1 1J'd i�f d 'c —I- oil I- it m c ^ i" 1�•t y •. = Ion /B OW `'' •� l�11 trf/�,., rr/ ; I+ �I rn,e�J/.F,1 N 6 /7 c o 21 ',` r Irl t✓s _ - ° k, /9 � 0 i U•. �T \� In lu {i OETP/G A J.�'f..•i - ''•}'41•••. S��i .Jp �: 'RECORD OF SURVEY {' _��i >,•e:/.r°°'. ^ \� 1'} _�� li '•': Juwnt[ncnnw Clwn of Qt-Coon elJmvvcr � <y�.'o��„�`,H.r"�.,i; JJ' Q f�, OoarJN ce J9 o!'Pea^<nrr o[J<.wa[n.••U.+o lJoo.rlJJ Pqe!/6109+.,erg q'�/,lormA v..v-.,, .r>.+.:i..:i��..r W[�`• Q OI ! Jrcrrr.«.aeJo� _ ,F ✓onn 0..n°P9,cnwF/o.crr<o.Orn.cJ 1 1 Sil • :pawwoo ./.l6ed kvk.7:UQ'Awsa0 p)Jap } - -- ITEMa- �f Rs a � �.,41 2,,, -- RECORD OF SURVEY OF A PORTION OF LO'"8,AS SHOWNDON RE C(IRO OF SURVEY IIAP 4'15ANASPER r ••^�.as.• '"''-�"' DE ERDED IN B7 OK 328,PAGE 75 OF aKy ey . -CORDS,O('ANGECOUNTY,CALIF. OF ILCIALTAL Rl r'i 5®ler 1 inl h a 150 fast O • ' Saao3A3lrW(.'Th.Plib1.uW9rirg�etradlIM5,l.ed eeQ fnISs..sFsir.ye.iry 1^ eof^Pa fhevn Mfhif mfp. N 6 r -moi No d %F� �fa^e^ IY1 Wxu K-f/h,6!' YdC q ([�1 !a .l 1. a,.,a ,+aa m i as W' uryir. O Vb f y `' f •if orge E.Jf•nes 4, .m_. N y� P,Jmes ' ss1YWe v Ilsl. 1 p• I 14.773 A:. c Jae-F Harvey y a (J] ' >k,`. � Pp 1 InroMe Ross Harvey I m rn (y e qua^: s 9.187 Ac. m DETAIL ; 3 •'•'r m CO Sir f _,�_ _ ✓'p 1 O a 5 Wendell K.M'Crecken r J � Helen Y.fd Craw en r sr w ryy;^ � _ �— .,+ a e U N /: ti'.�d•.. a c � E p T i' Mare F.Foa Ya^ ty Elizabeth Fon.ter 19.511 Ac. E a4 U 1 Iy e r I,Yvilli.ml001 be=«c r (Y Thal1ame r 6 ti Regiererad CivilrEngfn ro(1he Sle,WGlifwnie. f i•Ir. / and tAef Ibis ma➢'n clemneAly n➢reamla a aorwy 4 J8 y' .7n'y•�(jrhea..::i_'aib'9.af.- iuT ` '+. '-�a} _. 1y dm=m..V.au Kxmn dorin9 IF. ih!Julyd,ahPyeist. lhIhrsioNmeshownI1eindi �r i m 0 s`o-r F%'n a•I ib• [+amined a^de➢➢roved l6laze!"d f FS^I Drfo9m .. raw ar.e.re n�,��h xI=_Jv/�Jp19 P. eLH man a &'�1 ifi" r•••:Fprl.. r spa`• fa.• i JULY 119a9. qqzoq / qqg nAe84 nR448 . 1346'72 DICUnTICN OF COPERAMB AND RIETRICTICKS 1BRERZAS. JAIL Z. HARVEY.AND IORMA ROSS HARVEY, srs the owners of certain real property located in the CountyofOrange, State of California, more par- ticularly described ea follows, to At: Commencin=g at the intersection of the Northeasterly 11as of that certain parcel of land described as Parcel 8 in the deed recorded October 6, 1930 in book 428, page 75 of Official Records, with the center line of the CAlfotnla State Highway (100 feet wide) as de- scribed in the quitclaim deed recorded December 29, 1944 in book 1287, Page 462 of Official Records; thence South 350 491 020 Hest along the center line of said Highway 341.93 feet; thence leaving said Highway • South 200 440 Bast 432.01 feet to the moat Southerly corner of the tract of 10.575 acres conveyed by IYrco F. Forster and wife to Clarence R. Brown by deed dated October 21, 1947 and recorded December 30, 1947 in book 16%. page 411 of OfficRer Records; thence North 470 34t 200 Piet along the Southerly Use of said land conveyed to Brown, 119.84 feet; thence continuing along said Southerly line and its Easterly ea. tension, South 760 24t 400 Fest 876.08 feet b a point in the South- westerly line of Parcel 2 described in said deed to Brown, said point also being the true point of beginning of the property herein described, said point also being the Northeasterly corner of the 1:.773 acre pay- eel aticel abown on a licensed Surveyor's Hap filed in book 21, page 41 of Record of Surveys in the office of the County Recorder of Orange County, California; thence from said true point of beginning along the South-. westerly and Westerly lines of Parcel 2 described in said deed to Brown, South 760 241 400 &st 291.57 feet; thence South 250 519 401 asst 222.39 feet; thence South 50 07t 400 Hut 597.47 feet; thence leaving the Westerly line of Parcel 2 described in said deed to Brown and running South 490 541 2011 West 100 feet; thence North 670 301 200 West 617.44 feet to the mat Southeasterly corner of said 14.773 acre parcel; thence North 170 OBt 00^ Fest 723.89 feet to the true point of beginning, containing 9.787 acres. Excepting therefrom a reservoir site described as follows: Beginning at the met Feeterly corner of Parcel 1 of the land do- scribed in the deed to Wendell Y. McCracken and others, recorded December 30, 1947 in book 1603,,page 298 of Official-Records;_.thence South 490 591 200 West 100 feet;-theme North 67o 301 200.Hest'-340.26 feet; thence North r 419 200 Fest 9.92 feet; thence South 740 3.41 40e Feet 78.48 feet; and thence North 150 459 200 Fest 30 feet to the true point of beginning; thence North 150 451 200 Hut 94.65 feet; thence North 740 141 400 West 39.65 feet; thence South 150 451 200 West 94.65 feet; thence South 740 141 400 Hut to the point of beginning. WHEREAS, the undersigned desire to place certain covenants and restrictions on said real property, and each and every parcel thereof. as an obligation and ' charge against the same fur the benefit of each and every other lot owner in said tract and of the Owner or owners thereoft as a ccamon pian of restric- tions, and with the right of anforeement of said covenants and each of them vested in the Omer or owners, of any one or more of the herein designated lots Jm said tract; NOW, TH3R8FORFy the undersigned do hereby, as owners of the sforementiored real property, rose on such proporty, and on each and every parcel thereof, is a common plan of restrictions, the following provisions, restrictions and covenants, hereinafter referred to an 'covenantal, which shall apply to and bind the undersigned and all parties hereafter cquirdng title to arty of said Panels, their heirs, personal representatives, and assigns. The said covenants are as follows, to wit: 1. That all building sites in said described parcel shall have a net area of not less than 20,000 square feet, and be known as residential cites, and no building. structure, or improvements shall be erected, altered or placed or permitted to.remain so any of said residential sites, other than 0..= detached single family dwelling with wood shingle or shake roof not to exceed one story } C -:,4984 fas449 in height or split level and a private garage for not more than four cars, rar leas than two cars, abd other customary buildings, except that a guest hou.e say be erected upon the tear of said residential site. No residential stmc- tare shall be erected or placed an uy site that has a net area of less than 2000M square, feet, and m building shall be.erected or placed on any site having a width of lees than 100 feet at the mininsm building sebaek line. Upon commencement of construction of said main residence, construction work shall continue thereon with reasonable diligence until completed. 2. No building shall be located on any lot nedrer than twenty five feet to the front lot line, or nearer than twenty Iest to any side street line. No building shall be located nearer than fifteen feet to an interior building site line. No dwelling shall be located on any interior Wilding site nearer than fifteen feet to the rear of said building site line. 3. That all residential sites in said tract shall be used for one story or split level single family residential purposes and that no residential stmc- ture having a ground floor area of less than 1,500 square feet of livable floor area, secluding roofed porches and roofed patios, shall be erected or placed on any said residential site. 4. That no drilling operations shall be carried on upon said premiseu for the extraction or removal of oil, gas, asphaltum or any other hydro-carbor. stbetar- ces, and no noxious or offensive trade or activity shall be carried on uper. any of said lots, nor shall anything be done thereon that may be or become a nuisance to the neighborhood. 5. That no trailer, basement, tent, shack, garage or barn or other out- buildings erected on any residential lot shall at any time be used as a resi- denee temporarily or permanently. That no structure used as a residence shall be saved upon any of said lots. 6. That no fence or hedge exceeding five feet in height shall be erected, grown or pen-.dttcd to remain between the street and the front set back line of any residenti l lot. 7. That ^o cattle, hogs, poultry or goats shall ever be kept or permitted to be kept upon any of said residential lots. l'orses or other customary house- hold pets rsay be permitted, but in no event shall any of said live stock be permitted or kept on any of said residential lots at any time for commercial purposes. 8. That the restrictions, easements, conditions and covenants herein contairm< shall run with the land from this dote, shall be binding and in force and ef- fect until January 1, 1989, and all of said restrictions, easements, conditions and covenants are made for the mutual benefit of all of the lots in said de- scribed parcel and all other properties hereinbefore described in Paragraph 1, with each other let, both as servient and dominant tasements as against all covenants, and reservations herein contained shall be automatically extended for the successive periods of 10 years unless rodified, altered or changed by a written instrument executed by the record owners of five sixths (56th) of the lots upon which reaidences than exist. 9. That invalidations of any of the restrictions, conditions, covenants and reservations by Judgment or court order, or failure to enforce same, shall no wise affect any of the other restrictions, easements. covenants and reserva- tions which shall remain in full force and effect. 10. That a breach of arty of the restri.,cions, conditions, covenants, and re- abrvations heroin contained, shall not defeat or render invalid the lien of any mortgage or deed of treat made in good faith and for value as to the lot or portion of the lot or lots or portions of lots in the real property covered s- hereby, but said restrictions, easements. conditions, covenants and rnaerva- tiona shall be binding upon and effective against any owner thereof whose title thereto is acquired b7 foreclosure, trusteefe sale, or otherwise. rte' �,ez'rf �N-; bx-YAM w450 U. That should any party violate or attempt to violate arp of the rsetrio- ____ tions, conditions, covenants and reservations herein contained, it shell be_ lsrlul for any other porton or persons or arp owners of any lots rovered•l.ereby or up part or portion thereof to prosecute a proceeding at lav or in equity asalnst the person or persona adfo have violated or are attempting to violate any of the restrictions to prorant or enjoin them from so doing, to cause said violation to be remedied or to recover damages or other dues. Dated this day of _(pCT. 1959. In yR :h (Notary Seal) — K4984 ME448 RECORDED AT REQUE ORA, OE COUNTY"TLjE C0. IN C FFICIAL REDO,,,,,G r 06ANCE t,WNTV.CA&W, 1:01 All NOV 23 7959 RU5y WA'LAND,C,,n:v R+nra4r �.W STATE OF QALIFORVIA, Ow fifty.nine tefrse aK tb mlmia.c-L a <otary fable in h.r u.d a::f <.Whg iMr<ia. iuly.m.mm vent ,..., t ..ora ,s.wn.uy .eF.«d_ Jvass E. 4u�sZ_.a:-d Wee t'_e des F<rF.- 2 _ • YI the _. .M:e ea—e_...are :d.unLcd to the 4h..i-1-1a m ` ..kn<rwl-daM to nc,hal he.. led the •,m< lP�1� IN WITNESS WIIFRF.OY 1 ha—h u.1a rot my hard ud .. d ry.Aiauf v.J �.4 r2 t ti _.tu*Ae7 ,,, .a,d Cwntr the day and r.Arjn d s t .1 ? vel s t� �a�N e..,.<.--.war r-•,•t•�I•rr•I•..,•,••rA~•r.r••.• ��'Ql��.ui'ts`(,Pm'.a7 P�7e it m3 is cad GA l f l f� t t �aS.rt � t Y r p � � 1'i _5�F'�'s^ _.ns., xY'<"�<p ,tF•�, rehfl..is�,.- . t._ CTk `iti.p,- �, u r (y� S;Z�^# e .�'fN' �" t-c �tt$ SWH�mwktaar�aeeNnrakL^!'hi '� ,as � 1 et z N,< .! ..,. tfiN- �'�:.. .. .� m^r.fezifa•...�.r+aaaY-xr �+�z. 3 E* .^ 'F 4��'f.a,-.. F �i 7 .T 84-212085 ITEM# C14 RECORDING REQUESTED BY, AND RECORDING FEES EXEMPT DUE TO WHEN RECORDED, RETURN TOr GOVERNMENT CODE SECTION 6103 City Clerk's Department City of San Juan Capistrano - - 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ary Ann anover, ULLY C arc San A&& Capistrano, California STATE OF CAr.IFORNIA ) COUNTY OF ORANGE ) as. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the Amendment to the Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project Area, approvxd by thr City Council and the Community Redevelopment Agency on May 1, 1984. (SEAL) n / /B��/ ANN tq1NoVzx, CITY "ERR San Juan apistrano, California Datedr This 17th day of May, 1984. REDORDED W OFROtAL RECORDS OFORIWOECOURN CALIFORNIA .g DsAM MAY 22'84 �• / couetr �/'�`�Q� NECp1pEA 1. ,1 nrrter td 17escrintion 1984.212085 Pace 1 of 6 Comment: 84-212085 � , THE REDEVELOPMENT PLAN FOR THE SAN JUAN ' CAPiSTRANO. CENTRAL P.ED£VELOP14ENT PROJECT AREA IS HEREBY AMENDED TO READ AS FOLLOWS: Section 1. Section 501 of the Redevelopment Plan is hereby am�enae-d as follows, - - "A. Is 501] Maes "The Project Boundary Map, Official Zoning Map and General Plan Composite Map attached hereto, as such documents may be amended from time to time, illustrate the location of the Project boundary, major streets within the Project Area, immediate adjacent streets to the Area and the Proposed land uses to be permitted in the Project Area. " Section 2. Section 502 of the Red4velopment• P1an is herebyy amend to read as follows: "B. (S 5021 Land Uses "Land uses within the Project Area shall correspond with the adopted City General Plan and Zoning Ordinances as shown on the General Plan Composite Map and Official ZDning Map as such General Plan and Zoning Ordinances may be amended from time to time. " Section 3. The first full paragraph of Page 18 of Section 02 of the Redevelopment Plan is hereby amended to read as follows: "The number of dollars of taxes which may be divided and allocated to the Agency pursuant to California Health and Safety Code Section 33670 shall not exceed three hundred forty two m'i1+en Dollars (S 342,000.000 ) , except by amendment of this Redevelopment Plan. " Section 4 . The third full paragraph of Page 18 of Section 602 of the Redevelopment Plan is hereby amended to read as follows: "The amount of bonded indebtedness, to be repaid in whole or in part from such allocation of taxes, which can be outstanding at one time shall not exceed 100 million dollars ($100,000,000) , without an amendment of this Redevelopment Plan. " . Exhibit A, Page 1 1 t n•,�•... ,.� n,.,.,..;.. ... .... ...... puna 7 of R 84-212085 TEEM# b C14 RECORDING REQUESTED BY, AND RECORDING FEES EXEMPT DUE TO WHEN RECORDED, RETURN TOi GOVERNMENT CODE SECTION 6103 City Clerk's Department City of San Juan Capistrano - - 32400 Paseo Adelanto San Juan Capistrano, CA 926'5 ary Ann anover, ty C eric San Jua Capistrano, California STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) as. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City Of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the Amendment to the Redevelopment Plan - for the San Juan Capistrano Central Redevelopment Project Area, approved by 1-hp City Council and the Community Redevelopment Agency on May 1, 1984, (SEAL) PLARY ANN qKNQVzK, CITY CLERK San Juan 'Capistrano, California Datedi This 17th day of May, 1984. RECORDED IN OFROIAL RECORDS OFORANDECOUNIY CALIFORNIA -9 0 A MAY 22'84 XECOHpEa g. S nrrfar irl nesrrintinn- 1984.212085 Pape 1 of 6 Comment: } 84-212085 , THE REDEVELOPMENT PLAN FOR THE SAN Jt:A:: CAPiSTRANO, CENTRAL REDEVELOP)-SENT PROJECT AREA IS HEREBY AMENDED TO READ AS FOLLOKS1 Section 1. Section 501 of the Redevelopment Plan is herebyy amenae3 as follows) "A. Is 5011 MBps "The Project Boundary Map, Official Zoning Nap and General Plan Composite Map attached hereto, as such documents may be amended from time to time, illustrate the location of the Project boundary, major streets within the Project Area, immediate adjacent streets to the Area and the Proposed land uses to be permitted in the Project Area. " Section 2. Section 502 of the Redevelopment' Plan is hereby am—' e�3 to read as follows: "B. [S 5021 Land Uses "Land uses within the Project Area shall correspond with the adopted City General Plan and Zoning Ordinances as shown on the General Plan Composite Map and Official ZDning Map as such General Plan and Zoning Ordinances may be amended from time to time. " Section 3_ The first full paragraph of Page 1B of Section rO2 of the Redevelopment Plan is hereby amended to read as follows: "The number of dollars of taxes which may be divided and allocated to the Agency pursuant to California Health and Safety Code Section 33670 shall not exceed three hundred Foy v wo m � +en Dollars ($ 342,000,000 ) , except by amendment of this Redevelopment Plan. " Section 4 . The third full paragraph of rage 18 of Section 602 of the Redevelopment Plan is hereby amended to read as follows: "The amount of bonded indebtedness, to be repaid in whole or in part from such allocation of taxes, which can be outstanding at one time shall not exceed 100 million dollars ($ 100,000,000) , without an amendment of this Redevelopment Plan. " Exhibit A, Page 1 ^."�^•. ,� n...-.+.f..l;...,. OAA O�q,1AF O-ino 7 of R r`nm mcnh ' 84-212085 Section 5. °action 9(,d of thc. F.vdevelopment Plan is hereby amen e3 to read as follows: I'M IS 900) • DUMTION OF THIS PLAN "Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective and the provisions of other documents formulated pursuant to this Pian may be effective for 45 years from the date of the adoption of this Plan by the City Council." Section 6. Exhibit 1 of the Redevelopment Plan is hereby amenTNO by adding the following list of public improvements: "Identification or construction of the following Capistrano Unified School District improvements: " (i) Acquisition and relocation of the San Juan School Site; " (ii) Construction of the Sports Center at the Capistrano valley High School; " (iii) Relocation of the ROP; " (iv) Acquisition of Suchheim Field; " (v) construction of recreational and/or other public institutional facilities on Suchheim Field or sites as may elsewhere be determined; " (vi) Acquisition of the Capistrano Elementary School Site and the relocation of .he adult education and continuation facilities located thereon; " (vii) The rehabilitation, demolition, and/or the construction of facilities on the Capistrano Elementary School Site or sites as may be elsewhere determined, to accommodate performing arts, cultural, museum„ and/or other public and quasi-public uses and purposes as provided herein; " (viii) The construction of an instructional media and data processing center; " (ix) Rehabilitation of exasting schools which benefit the project area: " (x) Addition of temporary and/or permanent classrooms and other facilities for schools which benefit the Project Area. " Exhibit A, Page 2 y_ S 84-212085 • LEGEND ! � r �. yT\Y A•'�J Cm BOVWDAIIT e 7k, FPOJ2CT SUIIVET AREA RgJ¢CT SOtPtBAPT d i _. C� � � APGMmt/•N'KWT�CYER /'fp % 1 -1.� WELSEA, LIESIBE"AXS6EPKYW / Ij • Wp111N6-KVEBEILECJ�L a56MJ1.TE6 REDS\'ELOPMEXT PROJiCT CITY OF SR?� UA�T CRPIST R\C J 1 } n..d�. t.� rtAc�rinhinn 1 AR4 919nR5 Pane 4 of 6 Comment: i• �.�' !.j:�. 1 •. 84-212005 • i CITY OF SAN JUAN CAPISTRANO %'��; ,• OFFICIAL ZONING MAP '�.: •icy r'� ' ®'Q AG 1 w /Y V •. � rr µal'! IN Aa `tea _'•� ,^wej �\ in AL �� •,,. :.• . .��,`� �vy../_� 'S Itis � �_ ��__ ��'`vCs:t�/��t�Yom^ `\�.r�•' Order td Oescrintion: 1984.212085 Pape 5 of 6 Comment' � �:� (l '+.. 1 ,it J. C�.f:,', •�;1�'); ,.,.,,As�jf 71 •f"...;.1.:f1,! �,'. .t t �ci`. 1?,•eril t '��'-k „_I.d4 y `. 1 " � ,'�ei, ,rv....[ !rt.`.'!� . CJ,'�.•. t'_ t . \ �.Sy_ '� / `• �,1 5,,,,`1�.r� a ' 4�,1 �t5• ��.' S•d,,s,4;� ,✓�,i1 7i�.l ar .' � •�:i'''��,�E,,.qq�� :, a7i j. 'J.. '',\`•+� \.1`'1. •'i 1k!:.t•• •E rr.':• .r, / .t: t•'�r 1 ti.� •y,..»�ChF; �:i 3 y ,�.\`�''\ .At ,,E��T..:��.• �' . �'�n4.f41 / t 1 . e �•`: .• A t 'e - �. � Jim e%x,':�';.• •� ,.t: � � � � � � :, '.)" .m. t r •�E�;'1 , s�� 1�,' • � •l, •' c �=�- b i ' � �. •,�J��i.• . I•�'` , '•r t � �7i, •1't.�. 1 ., .rir�'�•;,• OI f 'f'``•':�..i��'2� I �. �Id �l•'��•,•. IkR JA .`•+1' 11. Y Af <. '1.�' (,� 'p ••( tt` a i1'• '• a .�'• ' '•7i�{.,1�u..":� � � '�n` �•.. "• r ��'jPh ty •'.Y �. It'•`tf 1f \ ::f. •r �i._d�: ' QF ,.i `' '1.E ' ..: . t•': t. *.� 'D rzi � 41 .`ft�. h) } l (��'g,.i(Ye` � i � \ .i-..1� ., - :� YS.r ' a•. yq� \ 00 � :tt a4let att; .,t,a•E? n :'%.a,N ® •�`:'=r• :f it ��i. � 1 "', N i IES e ; t '+' �. C'•. . e) fig'`)• t.r..'• tf O T {�[ 1 III 1 ,j!{,,. ..F.{.: •::'!��A. 'E '`- ,•.. . .�t•1F ., Z(:-ir'... I,, z at co cn t Jr. yt ,•' t i t � D r. 9 1� n �`.a R! t 3 't .= •� � .1. •�..`t"' ..,, a GY�a•f , � ' 'QZ 1� 1� ' 7 'SISa Et `' •tel n•:r:,:F•'•'L°I ,•(,.`>F. 0 D I 2 II {�1i1t1_ .�• ih->,� • J •Is1;` III f •.Etd�t`:�1:,,�f.•.. ::a'; .. �1i� ` a Lot Four (4) In HlockM- vena(11); of Arch Be:ch, ae per LaP recorded to ao�k Lot Cne,(1) in Block aleven (11) of Ainh Beach, Plat I ao Perlip reco a Book 24, Paca 29, of Liscc Records of Los Angeles, 1 ,unty, California. - TOG TIrVL with all and;sily'nilar the tenements heredi^a❑ents appurtenances thereunto belonginry or in anywise rpoe-tnlning, and the reversion on _versions, rena.nder cad veraminders, me Issues and Profits thereof. 40 `LAPr A`IB ^alp HOLD„ all and.singrlar the cis Orrises, together with the a;Purtemncee, unto the scald partioe of the second Pend to their heirs and ahalgns for- IN TT L'S3-71FER30., the said P t of the first Dart han her?mto got her hr.nd cnd zeal the day and year firstabove �y en. 1 O`, '- '' Alta R. Ifal: ay BTA^.; OF CATLIFMRKI IA County o Log Anseleet tr} pq tole 20th day of JantinryD., 1941, before re; '�sie A Cloud t'..s ,rs }Sa+Nc3tu'y,PublSo.in an,l for said County and State, personalis apoearca A1w A e�, lrnown fs-pe (,on proved.to me on the oath of ), to be the Peron whose nage Sa crlbedi +og he with=in Eaatxvpent andd-acknowledged to no that she ezecu sd the: IN 8 53 T{y hand and affixed my official s al the day _ year is this.certificate.f ii r aboie.nrit en EL.aie A Cloud Liotary_Pub110 - _ siad County,and.State _CocDlaaion'Exnireo 1Say lqj 1942. 1630 arooMed as Request oP A1te 9 % jey^at 4 nln. Past 9 A. Jan ,'21' $41 - i ,�� - t 1° ,� r-:7. Aubj, cFarland ; County ti, `} oe�i{><i ,ri"S 7i w: •r'k < �'i r 1 t Jessie,,P.utcnison,' Ca?Ac�.Dv'': Dorothy Marvin. ! -�►- r F.vl .r h `a ouo - -' kis t; ra 1 >i 1632- , O R t, -t {y..• ,3 _ s-h- RIGHT Op PutYg ` r - I lWSCO,P.POR3P'3-\'sh rein2lter cn_ledf�thc 'grantor^ for -at1d`in c nsl e`^atl n of tl•e wan of One Dol In ad otnertrall received, di :.ere y grant to the San Die„o,.-Con soli- -r date.l Cas d Blec trim Coany `•s cox4fo ation,. 1 s s ccehsora an4'assl ms;'.ElerelwPter oat e3 cr the. °G.•an._el, the ritih,qensement,and Drivilege of nlac nG, erecting, constructing, ;rana`r- rK Sn},_ rsplr, ing, �tny tan • artd uaing< Por tI•e trans Lssioa and dist ibutig4.of electricity a " u ri ri ?yb - y,n s. and'_on ala nurttosesr o ey S 'themith l'`a lSno o ,oyes nititwl es Su Dendedltllereos a-1S.ZZ,- 5 ,1 f ,f,_• " pea •:saw ane�[p»+ypeD cu4r� ox 53r dssarns�and.�'vraces an �Ot4eP flxfurea�sfor use:ln tis con�eeti"o-r there-+it+l toge2 ell wltri*the right o4 Sny es`s the a c and ee ass -there Dm to a d - .a1Drig said 'Sae orS -and as use ,the Orantort_s 1nnL situate in the;Countr of?1C-•ail a '.State of Celifornla rind more..pnrUJ�yowl�;de called as follow ^'oat certain no tlonjo .3rnrho oea de: ,;i la Playa as;Der _D thereof fil d in Book'4, Pageat.115-ll9t o^ Paten a ?scords o' :.os•a.gelSo ..! Cotmhy Ca:iPvr'tie ccn=eyed to Larco � Forste andsli zaoeta J.-Boas er_ recur- din- . Book 3g6 at Paye 70 Opf,lc nal Records of said Orange Coen y ben also stop as Lot 31gn t (3):",.opal,.I•e pen.filed ink Hrok at nage'1D :Records"af 3uweya of?avid Orange Ca nq 3 -iha rcuts+oPz�ald line of`Dole 6'nrd nl es arc pas said cnd sILn1 be as foo,ors "y` egi nln abS^ation 44b1;�a 55 35:on ke ren er line ?f t`a State Hi,yh ay^ac s orn'nn s.- d 1 4ecoru of Sunev Lno Lkenae South FS ty e1griL (53)Ille ees (CO)-"<lnutes mast One t.tdu�1 ® - DLIh sone ena Sic enth (l001.6) feet - the rev 1 r h Sgcenty-Rlre (o)) -Deme s r1^ty-t-ro .' _ (52) int tea 3a Six lundred Sixt; eight -and 9 to Te• Rs (663.7) feet; t.`.en c Norta S_.en.y five (75) Degrees, ty-Pout (44)-tUnutes East, Zxce Hundred Forty-to and S t.^cnzh, (342.06) feet. Che r;rantee-Is also Psreby ,;ranter Lis to trim arty trees along said 21.ne of Doles and \:h ea enever considered by It n�qcnzzry for t.c gra^ r operation "_: of -Srh s he by . il! .._SS ! ;•.Or " the tho e o ose;fta this.14th day of v .. 1970• recu*ed in the Pr ;eitee o : !far o c Forster '011ieE 'Otren Jr : 6ltnesa f healed by CD - S. C-oh No. 1 ''7 cP 1" 1 - CauR:, o^ S_nDLn )ss. On t`.:ls liht!h day o: June A.O. _ dJ, 'cr;or^ :-.e. �.. _. .'.affln. 11� ti-y F]L11e n nd for .h ld Gnrti mcl ett ^v1d`n IN Ci1C3' 1R Ilgly.CQ 1] 19ncd tnd +\:O t'R n.r5aj!C1 J Oared 0,17r. L. G\tlR� .TT. h101-h- Le 211t''ed S ki i 564 fi a e be the Hereon whose name Is subscribed 4n thewithin Instrument, ns a Witness thereto, who being 1.y he duly sworn, deposes and says .nt,he resides In San Diego California,;ant that he has Dresnnt-and ear L'arco Fzorster personally known to him to to the same person vhnso rl --name is subscribed the mtthir and"nnnexodf Instrument. exeeute and deliver tte come, and he acknowledged to said affiant that he-erecuted the ams;.and that said affiant subscribed his name thereto as a Witness. - d .-i.,- .. . IN WITNESS WHET OPi:I hive hereunto e_e0 my,hand and a'flxcd my.off1c1al seal .i the da and � ' -� y yea' In Cate certificate first v Stten. y ' ((S:AL)) '� R. S. Ruffin Notary;Publlo �I in and for the County'of S,an Diego, State of California., Comz.lssion Zx•,1 es 1.ay 20 1943, ' ._1632. Recorded at Request o.+fSan Diego Consol Cna L Z. Co at 6m1n past-9 AM v Tm. 21 1941 Sti Book'3072, PaSe 563; Otflelalk Reoorde of,Orange County California ' Ruby :l.c?urlall County Recorder. "., Jcesie Hutehiysan Dorothy 11arvin .. j` OF OMPL,.IICY - a Se ``ereby given thsti f' x ; Ian-Owner In Fee,of 4e'property he^einafter;described (, a V, a ' i - 2 Hy full buurzsa Se jl� liorth Lola Street, La Fvbra, a ifornln �- j - A uorY. of I roveiie on'a +d-_nronerty ra_ Co-mleted on the 20th day of, Januarl, 19.1, ° 4. VI name of a Contemn for'such work of ivorovement vas is t _Pl. .ip I: 5.'^.ie 9roner`y on .h1ch snld vori of Sep nienent.ms cc feted is in e'City u of La Hnbra, Coun'; of Orange. State a Cai+fori is end-Se described as follows: j I . 'he Southerly 46 feet--of Grat portion,of the North one-half (111)- ,the L•orth- , a.`.! east cuarter.(i�:) of the Sou hrest;ousrter (SW;) of'the Southeast oua_ er-(Sr of Se=tlor ,p + y� { rive (5) in iornsh SD Three. (j, South, Ran�q as)ii(10) Res San.ReMardino , e.,an&Mdridlan �" i8 z .Was. ala tie City a* Ln Habra County of Oxunee SLaCe'o CaT1fo^ Sn descrlbed follova��l �Ee�inning`ut,'c;e ScuthaeeEsr� rn ¢r5pf the`abo-above desoribed None-ha1S,�s..(X3)5r- gf :, .f-y'- ' =,c of-ane"Northetiat quar er(11F*) of t5e`Sou haest:quarter'( ) o t:_te S theast:.quprter (S?.}) i .y.- la°.. runnln3 hence Easterly nlon5 he Souit line of'--said Jact, 142;36 *z t to the--TTesterly ll.^a of Lo103treet; thence Northerly. - arm + -` y p .1 e1 with .ths West line a, eald ^i".ct,Y93 -is Westerly, parallel with the Scutt line of eald:i act, 142.23 fee S th= c Southerly halang x 'S- S -.the Test line of said Tract 93 feet to he mace of beginninu,r 1 Dined t ,ls 20th day of January 1941 pFi' - 4 Signe'Uro.ofi r1J. 7 Robertf E Liller 1 { a+ C-ner or Owners + ( Oeo age Violet L•111 r , s,< .{�,lj`. S Cr CALI RJL1 ) oun,y of Los Angeles )ss Robert ZSlLer-and Ge"orFe violet '111ci veins dal a ora, f - t they r c *hq�onYe s o -. the land described in L.z stn {)7 notice; ..hat. they ha-.,2 re-.�`. t aa.ie, and Xnow `i e contents her=of, ar :t n:ta _ s✓,ted therein are true. , Robert 1 1. `er Ocorgz Viol ! le ® .- 3L-?3C4'P2D AN.) 3 rail to 10 r ma, tnla 20t' day G J 1=41. ?. ((S_>L)) =J� o*n C 1bscn - NotaryPublic (Crnnge County Seal) In and fa said C 'a ,v and S My Con iLselaa s:e `i as'Cc tuber 2 1;44 ' 1'o j7 lecerdad nt �vect of Snnk�of America La hab.a, at 11 min. cast o A.31. i• ' s Jan, 21 191VI,:,in,Dook 1072 a3'h 564 Or Sc al'Records'of O:rnye County, Crt11fo is - 3uby J Cnunty Rccai^dcr. - ' I - Je3u1_ nu Neon', CC`.?AtiD Dorothy `rar,`n ® 1 coo - - ivrsvr�s,.Ss _ 1 1 • i JERRY W. NEELY P.O.BO% 1 1 19 SAN .JUAN CAPISTRANO, CALIFORNIA 92693 August 15,1999 Mr. George Scarborough City Manager 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Dear George, Jerry W. Neely and Nancy C. Neely, as trustees of the Neely Family Trust of March 9,1989 offer to purchase the property known as the McCracken Hill Reservoir Site for the appraised value of thirty four thousand dollars ($34,000.00) as established by the appraisal firm of R.S. Laurain &Associates on June 6,1999. Please let us know the acceptability of our offer and the necessary steps to proceed. Sincerely, Jerry y Nancy Neely SJD ParMLtd. 5109 E.La Pelma em 5109 e Anaheim,Ga.92807 August 13, 1999 Mr.Jerry Neely P. O. Box 1119 San Juan Capistrano,Ca.92693 Dear Mr.Neely: In order to clarify the status of SJD Partners, Ltd. ("SJD") efforts on your behalf with regard to your property in San Juan Capistrano, I have listed below the items we are undertaking for your benefit in consideration of the slope failure on your property in April 1998. 1. SJD will prepare and process for City of San Juan Capistrano ("City') approval a remedial repair soils report and grading plan for your property to replace the slope areas that failed. 2. SJD will re-grade the area of the approved plans to repair the slide area, build 2:1 slopes with benches and do all removals of unsuitable material necessary to create future buildable lots with a 1.5 to 1 Factor of Safety within your property pursuant to the approved repair plans. SJD will also prepare and process for City approval a Tentative Tract Map for your property,consisting of 31 lots approximating Y2 acre in size. 3. SJD will construct a temporary water line to the McCracken Hilt reservoir, for connection of McCracken Hill to a City water source. SJD will remove the existing reservoir on McCracken Hill with the remedial grading efforts listed in Item 2 above.We have indicated to the City that we offer to purchase the existing reservoir site at it's appraised cost of$34,000,as indicated in the appraisal for this property conducted by John Laurin of R. P. Laurin and Associates, and provide it to you as a part of your future development plans for your land. We will pay the associated escrow and attorney fees related to this transfer. SJD will also provide a permanent connection for water to the new system to be developed in the Pacific Point project when it is completed. 4. SJD will prepare and submit for City approval a Development Agreement for your property, a copy of which has already been drafted for your review. 5. SJD will underground overhead power and telephone lines on your property, including removal of the"Nixon power pole"at the reservoir site. 6. SJD has resurfaced a portion of your driveway, and will replace the necessary stamped concrete entry area on your driveway as well. We will also reimburse you for costs incurred for your repair of electrical lines that we severed on your site on a previous date. 7. SJD will provide a 20-foot wide paved emergency access road from the future"A"Street in Pacific Point to Valle Road along the south side of your property and provide a chain gate prohibiting entry to your property from this area until future development of your land. 8. SJD will provide sewer lines and connections to the new sewer main in "A" Street within Pacific Point in order for your 2 houses to tie into this system. 9. SJD will provide funds in an amount to be determined to replant trees on your property that is regraded.This amount will take into account your estimates for replacement work. • • September 10, 1994 10. SJD will provide the needed documentation for execution of tot line adjustments, easements for grading and water line construction,and any other agreements for execution between SJD and you to implement these items. We will provide the construction easement to you for your review separately from this correspondence. 11. SJD will reimburse you for your attorney fees incurred as a result of review of the above mentioned documents. 12. SJD will reimburse you the sum of$2,000 for costs incurred for repair of irrigation lines broken from the slide occurrence. 13. In consideration of the items set forth herein, and by your signature below, you expressly release and discharge SJD, its employees,agents and successors and assigns from all claims and causes of action you ever had, now have,or may have in the future,known or unknown,or that any person claiming through you may have or claim to have against SJD by or arising out of any SJD construction activity on or about your property, authorized or otherwise. You acknowledge that you voluntarily and knowingly execute this release with the express intention of effecting the legal consequences provided in Civil Code section 1541,that is,the extinguishment of obligations as set forth herein. This indemnity further extends to you providing a legal defense with respect to any legal action instituted by any party to invalidate this agreement. We wish to thank you for your cooperation and patience in working with us over the last few years as the Pacific Point project has moved forward. If you have any questions about these items, please let us know. Sincerely, ;4 /- Ronald A. Freema , Vn7Z Vice President/Project Manager Accepted and Agreed to: Jerry Neely Date Nancy Neely Date 0 Page 2 PARCEL NUMBER TAX RATE AREA CONTROL N 875-341-07 23-007 A082137E COUNTY OF ORANGE CAL R A LL ASSESSOR AUDITOR- JOHN M. W. MOORLACH, C.P.A., CFP NFORMATION CURRENT YEAR CONTROLLEF TREASURER—TAX COLLECTOR PAYMENTS OR OR INFORMATION ON: 12 CIVIC Center Plaza R om G58♦Santa Ana CA 92701 PRIOR YEAR ASSESSED VALUES COMPUTATION O Mail Ta. P.O. Box 1980. Santa Ana, CA 92,702-1980 DELINQUENCIES 1714) 894-2941 PROPERTY TAX SECURED PROPERTY TAX BILL ' HOMEOWNER 1714)834-3411 EXEMPTIONS I (714)834-SS21 (714)834-245 19981999 Flsoel Ysar July 1, 1998 - June 30, 1999 PROPERTY LOCATION ND SITUS WEBSITE. WWW.00.CA.GDV/TREAS OWNER OF RECORD AS OF 12:01 A.M. ON JANUARY 1, 1998: LEGAL DESCRIPTION: VESTING CODE NEELY, JERRY W ET AL TR R S 004-15 PAR 8 POR OF P TR ASSESSED VALUES 1loll 1111IIIIII dgloo11III II 111111111141141111111111111#1111 DESCRIPTION FULL VALUE ...r+.+.+s...... 5-DIGIT 92693 675-341-07 LAND 15,311 NEELY, JERRY W ET AL TR P 0 BOX 507 SAN JUAN CAPISTRANO CA 92693-0507 COMPUTED TAX TOTAL VALUES: 15,311 178.3 TOTAL NET TAXASLF VALUE: 18,311 178.3 ATT NTI 33 TAX VIA ANKRMT - TYPE SERVICE AGENCY SAGE RATE VALUE PTION TO PAY BY CREDIT CARD NOW AVAILABLE. SEE At BASIC LEVY 1.00000 I5,311 153.1 PARAOtAPH I(B) ON REVERRI�E S M. At SN JN CAP CTY B 1990 .06980 19,311 10.6 PAYMENT BY MAIL : SEE PARAfAPH 1(A) ON REVERSE Al MWD-69181 OC-A N7 .00890 15,311 1.3 SIDE. Al CAP VAL WAT BOD .00440 15,311 .B All VAL WTR RESV BD .00185 15,311 .2 PLEASE NOTE: YOU WILL NOT RECEIVE A SEPARATE BILL Al UNIF BOD .00009 15,311 .0 OR REMINDER NOTICE FOR THE 2ND INSTALLMENT. SPL ASMR USER FEES**** FOR INFO CALL: REFINANCE/LOAN PAYOFFS • IF Yp{J HAVE REFINANCED B3 VEC70R CONTROL CH^. (714)971-2421 .1 VOW LOIN PLEASE MMCF SURE YOUR PROPERTY TAXES C7 MID WATER ST1MY CHG (800)528-2710 10.0 WILL BE PAID. IF YOU HAVE PAID OFF YOUR LOAN, YOU ARE NOW RESPONSIBLE FOR PAYING YOUR PROPERTY TAXES. fR• WRITE PARCEL NUMBER ON CHECIC sra IMPORTANT INFORMATION ON REVERSE SIDE TOTAL: 1.08804 178.3 FIRST INSTALLMENT SECOND INSTALLMENT TOTAL DUE 118----- DUE 2/11/99- - DUE AND $176.3 PAYABLE s PARCEL NUMBER TAX RATE AREA CONTROL N 875-341-07 23-007 A062137f COUNTY OF ORANGE CALL FOR TAX COLLEc A s ss R AUDITOR- JOHN M. W. MOORLACH, C.P.A., CFPAOL INFORMATION CONTROLLEF CURRENT YEAR FOR INFORMATI ON ON: TREASURER-TAX COLLECTOR PAYMENTS OR ASSESSED VALUES 12 Civic Center Plaza,8Q, S nta •Santa Ana,CA 19 01 PRIOR YEAR 17 14) 834-2641 COMPUTATION O Mail TO: P.O. Box i80, SanU Ana, CA 92 70 2-1 980 DELINQUENCIES PROPERTY TAX SECURED PROPERTY TAX BILL HOMEOWNER 1 (714)894-3411 EXEMPTIONS 1998-1999FIsoal Year JuIX 1, 1998 - June 30, 1999 (7141894-9821 (714)894-246 PROPERTY LOCATION! WEBSITE: WW.00.CA.GOV/MEAS NO SITUS OWNER OF RECORD AS OF 12:01 A.M. ON JANUARY 1, 199& LEGAL DESCRIPTION: VESTING CODE NEELY, JERRY W ET AL TR R S 004-15 PAR 8 FOR OF P TR ASSESSED VALUES DESCRIPTION FULL VALUE 5-DIGIT 92693 675-341-07 LAND 15,311 NEELY, JERRY W ET AL TR P 0 BOX 507 SAN JUAN CAPISTRANO CA 92693-0507 COMPUTED TAX TOTAL VALUES: 15,311 178.3 TOTAL NET TAXABLE VALUE: 18,311 176.3 ATTMMIOM _ TYPE SERVICE AGENCY BABE RATE a VALUE PTION TO PAY BY CREDIT CARD NOW AVAILABLE. SEE Al BASIC LEVY 1.00000 15,311 153.1 PARAGRAPH 1(B) ON REVERSE SIDE. Al SN JN CAP CTI B 1690 .08980 15,311 10.6 PAYMENT BY NAIL : SEE PARA�APH I(A) ON REVERSE At MND-MUN OC-A N7 .00690 15,311 1.3 SIDE. Al CAP VAL WAT BOND .00440 15,311 .6 _ _ Al ff VAL WTR RESV 80 .00185 16,311 .2 OREREMI�R NOTICE FOR WILL FORTHERECEIVE 2N0 IENSTALBE�TTE BILL A/ CAP UNIF 8010 .00009 15,311 .0 Lp p� ��� SPL ASWT USER FEES**** (FOR )INFO CALL: YOOIIIR E/ PLEASEY WE SURE YbPVROPERTY TAAXES C7 VECTOR WATER CONTROL Y CHO p16 (800)528 2770 10.0 WILL BE PAID. IF YOU HAVE PAID OFF YOUR LOIN, YOU ARE NOW RESPONSIBLE FOR PAYING YOUR PROPERTY TAXES. xxx WRITE PARCEL NUMER ON CHECK ss: IMPORTANT INFORMATION ON REVERSE SIDE Ii I TOTAL 1.08504 1 176.3 FIRST INSTALLMENT-1 SECOND INSTALLMENT TOTAL DUE 11NSTA-- ENT $88.15 DUE ND 99 INSTALLMENT DUE AND $176.3 PAYABLE' PA CEL NUMBER TAX RATE AREA CONTROL 0 876=331-18 23-007 AM21380 COUNTY OF ORANGE CALL FOR TAX COLLECTOR A SS Au OR- JOHN M. W. MOORLACH, C.P.A., CFPINFORMATION CONTROLLER CURRENT YEAR FOR INFORMATION S TREASURER-TAX COLLECTOR PAYMENTS OR ASSESSED VALUE9 Mai1N 01 12 Civic Cienter T0 P.O. Boxazk Room 1980, SantaB+Santa Ana, CAAna, CA 92702-1960 DEL2701 RIOR YEAR INOIIENC!ES (714) 834-2841 PROPERTY 1TAX HOMEOWNER SECURED PROPERTY TAX BILL ` (714)$34-3411 EXEMPTIONS 17141 894-5821 (714)894-245! 1998-1999 Fiscal Year July 1, 1998 - June 30, 1999 PROPERTY LOCATION: WEBSITE; WWW.00.CA.GOV/TREAS NO SITUS OWNER OF RECORD AS OF 12:01 A.M. ON JANUARY 1, 199& LEGAL DESCRIPTION: VESTING CODE NEELY, JERRY W ET AL TR R S 004-18 PAR 8 POR OF P TR ASSESSED VALUES 11111111111111111111111111111111111111111111111111111111111111 DESCRIPTION FULL VALUE 5-DIGIT 92693 675-331-18 LAND 107,455 NEELY, JERRY W ET AL TR P 0 BOX 507 SAN JUAN CAPISTRANO CA 92693-0507 COMPUTED TAX TOTAL VALUES: 107,455 1,287.; TOTAL NET TAXABLE VALUE: 107,455 1,287.; ATIWWICW TAX RATE UE X950111IT7- TYPE SERVICE AGENCY M BABE RATE • VALLA TION TO PAY BY CREDIT CARD NOW AVAILABLE. SEE Al BASIC LEVY 1.00000 707,458 1,074.! PARAGRAPH t(6) ON REVERSE SIDE. Al SN JN CAP CTY B 1890 .08880 107,458 75.1 PAYMENT BY HAIL : SEE PARAGRNRI 1(A) ON REVERSE Al MWD-MUN OC-A N7 .00890 107,455 9.! SIDE. At CAP VAL WAT BOND .00440 107,455 4.' Al CAP VAL WTR RESV BD .00185 107,455 1., PLEASE NOTE: YOU WILL NOT RECEIVE A SEPARATE BILL Al CAP UNIF BOND .00009 107,455 OR REMINDER NOTICE FOR THE 2ND INSTALLMENT. SPL OR CO USER FEES**** (FOR INFO CALL: TEOURR/LPL EASEYOMAKE SURE YYOOUUR�PRROPERTY REFINANCED C7 VECTOR WATEERR STOGY�CHO (800)928-274210 89.: WILL 6E PAIO. IF YOU HAVE PAID OFF YOUR LOAN, YOU ARE NOW RESPONSIBLE FOR PAYING YOUR PROPERTY TAXES. xxx WRITE PARCEL NUMBER ON CHECK *xx IMPORTANT INFORMATION ON REVERSE SIDE TOTAL: 1.08504 1,287. FIRST INSTALLMENT SECOND INSTALLMENT DUTOTE PAYABLE $1,267.: DUE 17/1198------ ► $633.63 DUE 2!1/99---------� $633.63 DUE AND LAWYERS TITLE COMPANY 18551 Von Barman Avenue, Suite 100 Irvine, CA 92612 PRELIMINARY REPORT City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cynthia Russell Escrow Officer: Cynthia Russell Telephone: 949-493-1171 Fax: Your No. : Capo Valley Property Address: Our No. : 0000042-12 San Juan Capistrano, CA Title Officer: John Marten Direct Line: (949) 223-5520 Fax Line: (949) 261-6927 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule H of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the conditions of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CLTA Preliminary Report (Rev. 1-1-95) ORDER NO. : 0000042-12 SCHEDULE A Date of Report: 02/16/00 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: Capistrano Valley Water District 3. The land referred to in this report is situated in the State of California, County of Orange and is desc,-ibed on the attached Exhibit A. ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340 .26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 15° 45' 20" West 94.65 feet; thence South 740 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 740 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 740 14' 40" East 98.37 feet; thence North 150 45' 20" East 154 .65 feet; thence North 740 14' 40" West 99.65 feet; thence South 150 45' 20" West 145.62 feet; thence South 7° 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 15° 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 04 .65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet and thence South 740 14' 40" East to the point of beginning. ORDER NO. : 0000042-12 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2000-2001 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: lay and maintain water pipes and take water through said land Recorded: October 6, 1930 Book 428, Page 75 of Official Records Affects: portion of Parcel A Reference is made to said document for full particulars. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Consolidated Gas & Electric Company Purpose: pole lines Recorded: January 21, 1941 Book 1072, Page 563 of Official Records Affects: said deed provides that the route of said line of poles shall be erected as follows: Beginning at Station 441+55.38 on the center line of the State Highway as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of Orange County, California; thence South 580 00' East 1081.6 feet; thence North 790 52' East 668.7 feet; thence North 75° 44' East 342 .6 feet. Reference is made to said document for full particulars. 3 . An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: underground pipe lines Recorded: Book 2110, Page 407 of Official Records Affects: portion of said land Reference is made to said document for full particulars. ORDER NO. : 0000042-12 SCHEDULE B (continued) 4. Matters contained in Record of Survey, as per map filed in Book 4, Page 15 and Book 21, Page 41 of Record of Survey, in the office of the County Recorder of said County. Reference is made to said map for full particulars. 5. Covenants, conditions and restrictions as set forth in the document. Recorded: Book 4984, Page 448 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said matter affects: Parcel B 6. The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: San Juan Capistrano Central Redevelopment Project Area Recorded: May 22, 1984 Instrument No. 84-212085 of Official Records 7. Lack of a right of access to and from the land. Attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. Please inform us if access has been, or is to be, established by means of an appurtenant easement. This will require additional time and expense to search and report upon before title insurance can be approved. ORDER NO. : 0000092-12 SCHEDULE B (continued) END OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. ORDER NO. : 0000042-12 NOTES AND REQUIREMENTS NOTE NO. 1: SPECIAL NOTICE California Insurance Code Section 12413.1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulates the disbursement of escrow funds by Title Companies. Funds received by Lawyers Title Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1. We have received confirmation of the respective incoming wire. 2 . Collection of a deposited check. Wires directed to this office of Lawyers Title Company must be directed to: UNION BANK 1980 SATURN STREET MONTEREY PARK, CA 91754 ACCOUNT #: 9120014096 ABA#: 122000496 FOR: (list our Order Number) NOTE NO. 2 : This Company will require the following to insure a loan or a conveyance from, the entity named below: Capistrano Valley Water District (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. NOTE NO. 3: The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. ORDER NO. : 0000042-12 NOTE SECTION (continued) NOTE NO. 4 : There are no conveyances affecting said land, recorded within six (6) months of the date of this report. DISTRIBUTION: jm/rd Plats and CC&R` s enclosed Typed: 02/23/00 -This plat is for your aid In locating your land with reference to streets and other parcels. While this plat is believed to be correct, the Company Assumes no liability for any loss occurring by reason of reliance thereon" CLT Lu yersTide Company 675-33 ,IY w.w wlsRBa roll aBNa LaaBY I�GNFtla09rWf.Ir�WIRf�I��NBprp1r1Br����pLXT)FABI6 ySpRllrlllal1Y1p0TIRl1 BorToaBRRBaaBRs 3fL16flBlaafm, BfBAMiIIBRAaRIRRYIYARBpIgI 36 "v• IN 9/-14 _S PM 90-11 �'d PM 9010 IM91-14 /l, PAF 1 P/F.2 6 1 5 PM9 -50 04 I1 IJ 1 E 9 R I 1 RS.IS 4P s RS Sl J3 R543 4Z RS 61-1P• OO S pMMR,z10 S PM"RI 1014 RGR9 O 'b- 3 14 /'/00 ,g PS w 4N PAR/ PN 11-/ O � FM 90-4J IB � `331 1118 J 884 nc 15 PN 19 e 6 HS 43-41 ,J/dRC61 Rs4J-41 0 M p G PN 90-4i V PN 96-19 4 MR 1 _ P MRJ 6 4 O , /406GL/CJ RSJ/I/ wRe M$ PAR. B f MR 2 s PN 90-q <eOf PAR. A < c!P - I T 3 2 19 C _ B VN9f 19 3_ PMO/ y. IOSB PN (` 34 c C MARCH 1-983 PARCEL MAP PM 54-1,90-42,90-43,90-50,91-/4,98-29NOTE.ASSESSOR'S BLOCK 8 ASSESSORS MAP C RECORD SURVEY RS 43-42 PARCEL NUMBERS BOOK 675 PAGE 33 O C SHOWN IN ORCLES COUNrY OF ORANGE C C i 2 > ExbbtA(Rrw.e;2r98) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVET POLICY — 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly exciudeciqll the coverage of this policy and the Company c nt pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: I. (a) Any law,ordinance or governmental regulation (Including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating,prohibiting or relating to(1)the occupancy,use or enjoyment of the land;(il)the character,dimensions or location of any Improvement now or hereafter erected on the land:(ruff a separation In ownership or o change in the dimensions or area of the land or any parcel of which the land Is or was a part;or(ie)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,exceptto the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy, (b) Any governmental police power not excluded by(a)above,except tc the extent that a notice of the exercise thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge, 3, Defects,liens,encumbrances,adverse claims or other matters. (a) whether or not recorded In the public records at Date of Policy but created,suffered,assumed or agreed to by the Insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the Indebtedness,to comply with the applicable doing business laws of the state In which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mort gage and is based upon usury or any consumer credit protection or truth in lending law. b. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the Insured lender,by reason of the operation of federal bankruptcy,state Insolvency or similar creditorsrights laws. EXCEPTIONS FROM COVERAGE —SCHEDULE B, PART I This policy does not insure against loss or damage(and the Company will not pay costs,attorneys"fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the 3. Easements,liens or encumbrances,or claims thereof,which are not records of any taxing authority that levies taxes or assessments on real shown by the public records, properly or by the public records, 4. Discrepancies, conflicts In boundary lines, shortage in area, Proceedings by a public agency which may result in taxes or assess- encroachments,or any other facts which a correct survey would dis- ments, or notices of such proceedings,whether or not shown by the close,and which are not shown by the public records. records of such agency or by the public records. 5, (a) Unpatented mining claims; (b) reservations or exceptions In 2. Any facts,rights,interests or claims which are not shown by fire pub patents or In Acts authorizing the Issuance thereof;(c)water rights,claims Ilc records but could be ascertained by an inspection of the land which or title to water,whether or not the matters excepted under(a),(b)or(c) may be asserted by persons in possession thereofare shown by the public records. AMERICAN TITLE ASSOCIATION OWNER'S POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of, 1. (a) Any law,ordinance or governmental regulation (Including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(if)the character.dimensions or location of any Improvement now or hereafter erected on the land;(iii)a separation In ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part;or('iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters. (a)created,suffered,assumed or agreed to by the insured claimant, (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under this policy; (c)resulting In no loss or damage to the insured claimant, (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy 4. Any claim,which arises out of the transaction vesting in he Insured the estate or Interest Insured by this policy,by reason of the operation of federal bankruptcy,state Insolvency,or similar creditors"rights laws that is based on. (1)the transaction creating the estate or interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or fill the Transaction creating the estate or Interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the fa lure,(a)to Rmely record the instrument of transfer;or(b)of such recfedatlon to Impart notice to a purchaser for value of a'ludgmen' or lien creditor. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law of government regulation.This includes building and zoning ordinances and also laws and regulations concerning: - land use land division - Improvements on the land environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described In items 12 and 13 of Covered Title Risks. 2. The rght to take the land by condemning +,unless: • a notice of exercising the right appo-=in the public records on the Policy Date the taking happened prior to the P Date and is binding on you if you bought the lary tout knowing of the taking - 3. Trifle Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared on the public records • that result in no loss to you that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in item 8 of Covered Tifie Risks 4. Failure to pay value for your title. 5. Lack of a right. to any land outside the area specifically described and referred to in item 3 of Schedule A or • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in item 5 of Covered Title Risks. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(6-2-98) AMERICAN LAND TiTLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from, 1. Governmental police power,and the existence or violation of any law or government regulation.This includes ordinances,laws and regulations concerning: a. building b. zoning c. land used d. improvements on the land e. land division f, environmental protection Thi.-Exclusion does not apply to violations or the enforcement of these matters if notice of the violation of enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17,or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Polley Date. 3, The right to take the Land by condemning It,unless. a. a notice of exercising the right appears In the Public Records at the Policy Date;or b, the taking happened before the Policy Date and Is binding on You if You bought the Land without Knowing of the taking. 4. Risks, a. that are created,allowed,or agreed to by You.whether or not they appear in the Public Records, b. that are Known to You at the Policy Date,but not to Us,unless they appear In the Public Records at the Policy Date; c. that result in no loss to You:or d, that first occur after the Policy Date-this does not limit the coverage described In Covered Risk 7,So,22,23,24 or 25. 5. Failure to pay value for Your Title 6. Lack of a right, a. to any land outside the area specifically described and referred to In paragraph 3 of Schedule A.and b. In streets,alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of. 1. (a) Any law,ordinance or governmental regulation (Including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to('p the occupancy,use,or enjoyment of the land;(it)the character,dimensions or location of any Improvement now or hereafter erected on the land; (ill) a separation In ownership or a change In the dimensions or area of the land or any parcel of which the land is or was part;or(Iv)environmental protection,or the effect of any violation of these Taws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Rolle,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge- 3. Defects,liens,encumbrances,adverse claims or other matters. (a) created,suffered,assumed or agreed to by the insured claimant, (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the Insured claimant became an insured under this policy; (c) resulting in no Toss or damage to the insured claimant, (d)attaching or created subsequent to Date of Policy(except to the extent that this policy Insures the priority of the Tien of the Insured mortgage over any statutory Gen for services, labor or material or to the extent Insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy),or (e) resulting In loss or damage which would not have been sustained If the insured claimant had paid value for the insured mortgage, 4. Unenforceabl fy of the lien of the insured mortgage because of the inability or failure of the Insured at Date of Policy,of the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services.labor or materials over the Tien of the insured mortgage) arising from on improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed In whole or in part by proceeds of the indebtedness secured by the Insured mortgage which at Dale of Policy the insurea has advanced or is ooligated to advance, 7. Any claim,which arises out of the transaction creating the interest of the mortgagee Insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors"rights laws,that is based on (i) the transaction creating the interest of the insured mortgage being deemed a fraudulent conveyance or fraudulent transfer;or (it) the subordination of the Interest of the Insured mortgagee as a result cf the application of the doctrine of equitable subordination;or (lit) the transaction creating the nterest of the Insured mortgage being deemeo a preferential transfer except where the preferential transfer results from the'allure (a)To timely record the ins'rurnert of Transfer:or(b)of such recordation to import notice to a purchaser for value or a}udgmenT o Tien creditor 32400 PASEO ADEL.ANTO MEMBERS OF THE CITY OOUNCIL CAR SAN JUAN CAPISTRANO, CA 92675 " ;,J JOHN NE COLLEGE INELL R (949) 493-1171 nnrnum MATT HART (949)493-1053 (FAX) GG1000 1961 GIL JONES 1776 DAVID M.SWEROLIN CITY MANAGER GEORGE SCARBOROUGH NOTICE OF INTENT TO SELL SURPLUS LAND DECEMBER 1, 1999 The land shown as Parcel on the attached map has been declared surplus by the City of San Juan Capistrano and is available of sale. The following parcel data is provided for your information: AP#: 675-331-19,20 Location: Located in the northeasterly quadrant of Valle Road and Forster Ranch Road, approximately 500± feet easterly of a portion of privately-owned and improved portion of Valle Road, in the City of San Juan Capistrano Size/Shape: 14,875± square feet. Effectively rectagular land configuration. Topography: Effectively level topography Frontage: The subject property is located 500± feet easterly of the privately owned and improved portion of Valle Road, and does not have direct access from a public or private right-of- way. Terms: Cash Only. Pursuant to Government Code Section 54220, et seq., this land is offered for sale to housing, park, recreation, open space, school or enterprise zone agencies for its fair market value. Requests and bids for this land are to be submitted within 60 days to: Cindy Russell, Director of Administrative Services City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6301 Note: The attached map is for informational purposes only and is not to be relied upon to determine actual boundaries. omwusE n San Juan Capistrano: Preserving the Past to Enhance the Future .aa Pt YS <d �0..:1 rtup i91. °M 9050 ' IN 905C °N 9/-/4 PM 9/ /4 PN 9092 PAR 3 PAR 9 PAR I PAR 2 '4R 1 - EI O 10 II 12 13 P°RO SJ RS 53-/3 aoaP 1jRS 43 97 R565 17^ 2 OPA19C92 B PAR/ x 14 Pvdgo." �r Z In D b AN 54'/ P PM 90-43 iea PAR 3 PN B?O u A�4 - 331 S 884 AC N N O N n "dc Rs eJ4z �� P iC J-29 P X90.43 O 2 5 i8 0 /4Ce<C Ml R RS s/-9/ AN ,veq P4 i I o OPN 90.43 Sty PAR / UJJ A�/C/ ° 17 -4FN 29 'eP w r) 4q ap, ai Y LAWYERS TITLE COMPANY 18551 Von Karmen Avenue, Suite 100 Irvine, CA 92612 PRELIMINARY REPORT City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cynthia Russell Escrow Officer: Cynthia Russell Telephone: 949-493-1171 Fax: Your No. : Capo Valley Property Address: Our No. : 0000042-12 San Juan Capistrano, CA Title Officer: John Marten Direct Line: (949) 223-5520 Fax Line: (949) 261-6927 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the conditions of title and may not list all liana, defects, and encumbrances affecting title to the land. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CLTA Preliminary Report (Rev. 1-1-95) • ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de Is Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 74° 14' 40" East 78.48 feet; thence North 15° 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94 .65 feet; thence North 740 14' 40" West 39.65 feet; thence South 15° 45' 20" West 94.65 feet; thence South 740 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 116 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 740 14' 40" East 98.37 feet; thence North 150 45' 20" East 154.65 feet; thence North 740 14' 40" West 99.65 feet; thence South 150 45' 20" West 145.62 feet; thence South 7° 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 67° 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 74` 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94 .65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet and thence South 740 14' 40" East to the point of beginning. ORDER NO. : 0000042-12 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2000-2001 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: lay and maintain water pipes and take water through said land Recorded: October 6, 1930 Book 428, Page 75 of Official Records Affects: portion of Parcel A Reference is made to said document for full particulars. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Consolidated Gas & Electric Company Purpose: pole lines Recorded: January 21, 1941 Book 1072, Page 563 of Official Records Affects: said deed provides that the route of said line of poles shall be erected as follows: Beginning at Station 441+55.38 on the center line of the State Highway as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of Orange County, California; thence South 580 00' East 1081.6 feet; thence North 790 52' East 668.7 feet; thence North 750 44' East 342.6 feet. Reference is made to said document for full particulars. 3 . An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: underground pipe lines Recorded: Book 2110, Page 407 of Official Records Affects: portion of said land Reference is made to said document for full particulars. ORDER NO. : 0000042-12 SCHEDULE B (continued) 4. Matters contained in Record of Survey, as per map filed in Book 4, Page 15 and Book 21, Page 41 of Record of Survey, in the office of the County Recorder of said County. Reference is made to said map for full particulars. 5. Covenants, conditions and restrictions as set forth in the document. Recorded: Book 4984, Page 448 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said matter affects: Parcel B 6. The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: San Juan Capistrano Central Redevelopment Project Area Recorded: May 22, 1984 Instrument No. 84-212085 of Official Records 7. Lack of a right of access to and from the land. Attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. Please inform us if access has been, or is to be, established by means of an appurtenant easement. This will require additional time and expense to search and report upon before title insurance can be approved. 0 ORDER NO. : 0000042-12 SCHEDULE B (continued) SND OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. ORDER NO. : 0000042-12 NOTES AND RICQUIRM43NTS NOTE NO. 1: SPECIAL NOTICE California Insurance Code Section 12413 .1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulates the disbursement of escrow funds by Title Companies. Funds received by Lawyers Title Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1. We have received confirmation of the respective incoming wire. 2 . Collection of a deposited check. Wires directed to this office of Lawyers Title Company must be directed to: UNION BANK 1980 SATURN STREET MONTEREY PARK, CA 91754 ACCOUNT #: 9120014096 ABA#: 122000496 FOR: (list our Order Number) NOTE NO. 2: This Company will require the following to insure a loan or a conveyance from, the entity named below: Capistrano Valley Water District (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. NOTE NO. 3 : The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. 0 ORDER NO. : 0000042-12 NOTE SECTION (continued) NOTE NO. 4: There are no conveyances affecting said land, recorded within six (6) months of the date of this report. DISTRIBUTION: jm/rd Plats and CC&R's enclosed Typed: 02/23/00 "This plat is for your aid in locating your land with reference to streets and other parcels.While this plat is believed to be correct,the Company Assumes no liability for any loss occurring by reason of reliance thereon" LuyiersTide Company 675-33 A6.r..r..IRN RRBURxesm. fRaxnaRra. i011Y1®IY4 W AMIRM W rI�Mp1111C� owl LIISIrYPBROlIO1U66 "oW MiIIEIMIIISMOlO1'�'�' 36 PM 9f- PM PPIF.tRt i S PM.9050 PAR I t PO2 90l0 O P { PAR •A • O 10 i - { _ f mu R.S.RSIt n RS 55 13 AS RSIY• 9.5 RJ RP PW-MP4R. O = MR.2 /_/00 y tn3R AOCJ O t 14 6 PM 90-50 �O aas J PAR I ,Lry PN.1I-/ f O ' PM 9PIJ 'B f MR 5 C s ,n 33 1 s S PN Z9 6 P U0 RS 1342 1 K2) n,a' RS I3JP PM 90-IJ 4 PK 9R-Y3 PAR.Y _ P •.,mow MR.3 = (I 6 a O s [ /9C64C/CJ RSS/I/ � iyy pd B Q r a rr,o O� i j PK 90-RJ PAR. PAR I PAR- A /..JJ.0/C/ Z" 17 'Y le C P.N 9CP9 { P44O/ he F' 3 /ISpAC2/ PN C A C 34 c c c c - MARCH 1983 PARCEL MAP PM 54-/,90-42,90-43,90-50,9/-/4,98-29NOTE-ASSESSOR'S BLOCK d ASSESSOR'S MAP RECORD SURVEY RS 43-42 PARCEL NUMA"S BOOK g75PAGE3'S O C SHOWN IN CIRCLES COUNTY OF ORANGE C, C ' 2 E>MAA(R�V6/2/93) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERA E POLICY- 1990 Ak EXCLUSIONS FROM COVERAGE The followin8 matters are expressly excluded he coverage of this policy and the Company WW, pay loss or damage,costs,attorneys'fees or extopmes'which arise by reason of, 1. (a) Any law,ordinance or governmental regulation (including but not limited to building or zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(1)the occupancy,use or enjoyment of the land;(li)fine character,dimensions or location of any Improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is —was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In fine public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Wlicy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Pafcy, but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. A. Unenforceabtlity of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability a failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated. 5, Invalidity or unenforceability,of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mort gage and is based upon usury or any consumer credit protection or truth in lending law. b. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors"rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure against loss or damage(and the Company will not pay costs,aftorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the 3. Easements,liens or encumbrances,or claims thereof,which are not records of any taxing authority that levies taxes or assessments on real shown by the public records. property or by the public records. q, Discrepancies, conflicts in boundary lines, shortage in area, Proceedings by a public agency which may result in taxes or assess- encroachments,or any other facts which a correct survey would dis- ments,or notices of such proceedings,whether or not shown by the close,and which are not shown by the public records. records of such agency or by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in 2 Any facts,rights,interests or claims which are not shown by the pub- patents or in Acts authorizing the issuance thereof;(c)water rights,claims lic records but could be ascertained by an inspection of the land which or title to water,whether or not the matters excepted under(a),(b)or(c) may be asserted by persons in possession thereof. are shown by the public records. AMERICAN TITLE ASSOCIATION OWNER'S POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1 (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,a regulations)restricting, regulating,prohibiting or red ng to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. A. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws that is based on: (i)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from fine failure.(a)to timely record the instrument of transfer;or(b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor, AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from. 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use land division • improvements on the land • environmental protection Tints exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: • a notice of exercising the right bar -in the public records on the Policy Date • the taking happened prior to the ,f Date and is binding on you if you bought the Ian hout knowing of the taking 3. Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared on the public records • that result in no loss to you • that first affect your flffe after the Policy Date-this does not limit the labor and material lien coverage in item 8 of Covered Title Risks 4. Failure to pay value for your tiffe. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A or • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in item 5 of Covered Tiffe Risks, CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule B,You are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes ordinances,laws and regulations concerning, a. building b, zoning c. land used d. improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation of enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17,or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date, 3. The right to take the Land by condemning it,unless: a. a notice of exercising the right appears in the Public Records at the Policy Date;or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4, Risks, a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; b. that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c. that result in no loss to You',or d, that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8d,22,23,24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b. in streets,alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18, AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(1)the occupancy,use,or enjoyment of the land;(II)the character,dimensions or location of any Improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmentul police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters, (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no los;or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated, 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the Insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance, 7, Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insplvency,or similar creditorsrights laws,that is based on'. (i) the transaction creating the interest of the insured mortgage being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (Iii) the transaction creating the Interest of the insured mortgage being deemed a preferential transfer except where the preferential transfer results from the failure,(a)to timely record the Instrument of transfer;or(b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor CAI 32400 PAS EO ADELANTO MEMBERS OF THE CITY COUNCIL SAN.JUAN CAPISTRANO, CA 92675 COU-ENE CAMPBELL JOHN GREINER (949)493-1171 naeuen MATT HART (949) 493-1053 (FAX) nuunm 1961 GIL JONES 1776 DAVID M.SWERDLIN CITY MANAGER � • GEORGE SCARBOROUGH February 7, 2000 Mr. John Martin Continental Lawyer's Title Co. 18551 Von Karman, Suite100-200 Irvine, CA 92612 Re: AP# 121-171-50;675-331-19;675-331-20 Dear Mr. Martin, The City is requesting preliminary title reports on the above referenced properties. Please contact me at (949) 443-6301 with a timeline for completion of these items. Sincerely, 1C this L. Russell A ministrative Services Director C:I AyFiles\PROPERT/(tWecvwd.wpd R16 K San Juan Capistrano: Preserving the Past to Enhance the Future �. AA 32400 PASEO ADELANTO „ MEMBERS DE TNN CITU COUNCIL SAN JUAN CAPISTRANO,CA 92575 'O JOLLENE CAMPBELL ,y OHN GREINER (949) 493-1171 �J I umnum WVATT MART (949)493-1053 (FAX) Duumtl 1961 GIL JONES 1776 DAVID M.SWERDLIN CITY MANAGER I+w+� i/�/��••wwYYuu�•�T••11__A•//•//• GEORGE SCARBOROUGH NOTICE OF INTENT TO SELL SURPLUS LAND DECEMBER 1, 1999 The land shown as Parcel on the attached map has been declared surplus by the City of San Juan Capistrano and is available of sale. The following parcel data is provided for your information: AP#: 675-331-19,20 Location: Located in the northeasterly quadrant of Valle Road and Forster Ranch Road, approximately 500± feet easterly of a portion of privately-owned and improved portion of Valle Road, in the City of San Juan Capistrano Size/Shape: 14,875± square feet. Effectively rectagular land configuration. Topography: Effectively level topography Frontage: The subject property is located 500± feet easterly of the privately owned and improved portion of Valle Road, and does not have direct access from a public or private right-of- way. Terms: Cash Only. Pursuant to Government Code Section 54220, et seq., this land is offered for sale to housing, park, recreation, open space, school or enterprise zone agencies for its fair market value. Requests and bids for this land are to be submitted within 60 days to: Cindy Russell, Director of Administrative Services City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6301 Note: The attached map is for informational purposes only and is not to be relied upon to determine actual boundaries. onuause is San Juan Capistrano: Preserving the Past to Enhance the Future Location Map '¢ RI[ O \! • 0\ • F` V.'V, �S' Z .I� l.3 P"LOu. Q•W+ � r P 1S.,JMG'/'�Q�� \1 I a S•(aJ� QTyyfPF .J• � p tlti �r.�'4`SO�' M��a � ��'[ yf,Ysv�'.�:..;v GGG ' � I > " 7�i l' �jr-� Q'b Q�r� r N "w • f�` P � �yqP„A7{s�. � HS F- SEF©A] u%sTaAno 'a+o. ■ _ 4: V' jR"ir- P— — _ QP. � "•,Lcr..cNMsnA.� —4 B,P o. b♦�y Wrr. ♦ A C f Ar r/• W I KA B!7 44 '�.e4;�” I 1 w'Mir°eP«x° cf a zwnw«occrCTr dT isu�wwoEll�n E ., ,,. 5AN L FpL� sl'G CN a rwswusi cr a " 'f'q NAN {.i�• / w sEcow i 5 AMDq u� I f i Sm,Nro v .: qe N/GOLF. '..\ < .Q �$/'/ PAW SrEI+' Q. M IN L AM. �u L4 Cy �-COURSE _ w' Yafa yyW Lq. n CW4 /+ ' PD A e U) �F NSP I D F„Ayy A JtLGAOO y r: F Z' � W,[� � •ISP P /OR iE. Aa P f �� � L� 1'✓�rL h AZ i�n�� L NP P �i,4� 14 i r M ., I ..xxQ TNL M 9'Lf . x;¢•R\ cF K�P�F1 • �� xr{s:`=� • -.; y i irwww,Q R, D 'is.%���r�`•\*Or�g\�/\3 �4�„m yy' ,�Q'P I w w6i:.rrc.w:sr TIED J a AMA `S AS -. ALV.1A.1 ti .: yq:�.". ' Su[x Q Qr�CE LF OACr�VO MSFO'm'. p ST'T� e 1 � '34FN1(U �P<PZ OfL (,(�, J • iCIQE �P4. N4 W C4MpO C1MIo MAF /fr OB/SPo ♦ L N NH sfF,fL _ _ y' _ - PARR \p T lA JV9HirA . r lj WIY I ? )ATE `` -� Vlq V • 1.. • N y .f�r i O SA DONENY P� rqA y N � i � A • ti V ♦ MA RJF y OLV.:. •CAprs RMA"I.`, ]AMAB,IAN + _ _ ..,\ ^ e O —VSvP _ —I%T }� w OGCYIRIL p• E, _ BEA •w CA%ITIIANO �` T `1 CL Q qp tit�gQ ,Z<r`� $n � BEAGN 'O•��lJ,` � i �e "+r AQP` A CAPIS7RANO RAY �/b , ``�9egrFANo �/A Fr• Y < R . P . L A U R A I N & ASSOCIATES APPRAISERS-ANAMIS r :•� Bis Cva ie..a qu.p 294 �N . °M 9050 ' PM 9050 °PARM 9/-14 °M 9/ 14 PAR 3 PAR a / PAR 7 O10 I I 12 13 n� P'190-30 RS 43 R56572� P,. RS 33/3 R1 PAR PMy BO / 0•. s PM 9050 �,k, Z N PAR 0 a Pw. SaQ C f PM 90.43 ~ ur PARS 18 QUm y 33i 0 Pep 4Z9 _ IS 9.9440 'JNH 6O N a Z a CQi l 3/2.10 l./ 'vau RS4y47 C, P98 °AV S�9 PM 90.43 O PAR Z 5 16 ; /40u<c Mi 3 RSJ141 P.M 9B79 v�q PAi Z OP".90 43 nx'y 1437 AC�C/ PAR / 17 PM".J., PAR 0' yxe 3 ".a ,assA,ry;;/ vx 8 LAU RAI N & A S S O C I A T E S I NCORRO RATED 3353 LINDEN AVENUE, SUITE 200 LONG BEACH, CA 90807-4503 June 8, 1999 TELEPHONE (562) 426-0477 FACSIMILE (562) 988-2927 Ms. Cynthia L. Russell Director of Administrative Services ' City of San Juan Capistrano 32400 Paseo Adelanto ' San Juan Capistrano, California 92675 Subject: Water Reservoir Site ' Easterly of Valle Road San Juan Capistrano, California ' Dear Ms. Russell: In accordance with your request and authorization, we have personally ' inspected and appraised the above-referenced property. The appraisal study included (1) an inspection of the subject property, (2) review of market data (land sales) in the immediate and general subject market area, and (3) a ' valuation analysis. ' The subject property is located within the northeasterly quadrant of Valle Road and Forster Ranch Road. It should be noted that access to the subject property is via an apparent implied easement over the surrounding privately- owned property. It is assumed, however, that access to the property is for the purpose of maintenance and repair of the existing water reservoir; it is further assumed that in the event the water reservoir is abandoned the subject ' property will be effectively 'landlocked." The subject property is currently improved with a water reservoir utilized by the Capistrano Valley Water District. The water reservoir is of concrete con- struction with corrugated metal roofing, contains 4,285 square feet, and has a depth of 10 feet. It is understood that the water reservoir is to be abandoned. The highest and best use of the subject property, assuming the water reser- voir site is vacated, would be (1) speculative investment for resale at a higher price at some future date, or (2) joinder with the surrounding privately-owned property. Further, prior to the highest and best use of the subject property, it is necessary to demolish and clear the existing water reservoir structure, and fill the excavation. APPRAISERS ANALYSTS 0 Ms. Cynthia. Russell Director of Administrative Services City of San Juan Capistrano June 8, 1999 MPage 2 The subject site contains a total land area of 14,875 square feet. The topog- raphy is effectively level and the site offers a very good hilltop view. The subject property has been appraised based upon the value of the underlying land parcel, less the costs to demolish, clear and fill the existing water reservoir. It should be noted that the underlying land value was discounted due to the assumed lack of access following the water reservoir abandonment. The purpose of the appraisal study is the estimation of the market value of the subject land. The definition of market value is set forth in the latter portion of this report, in the Addenda Section. 1 After considering the various factors which influence the value of the subject property, the unencumbered fee simple market value, as of June 4, 1999, is summarized as follows: Land value, as if vacant: $67,000. ' Demolition and clearing costs: - 21,000. Fill and compaction costs: - 12,000, ' Final estimate of value: $34,000. The subject property has been appraised as though free of soil contaminants. ' The cost of soil remediation, if necessary, should be deducted from the final estimate of value indicated above. ' The foregoing values are subject to (1) the assumptions and limiting condi- tions set forth in the Addenda Section, (2) the valuation study set forth herein, and (3) the valuation analysis contained in our office file. No portion of this ' report shall be amended or deleted. R . P, LAURAIN 8c AS S OCIATE S ' co..m...o • MMs. Cynthia]-. Russell Director of Administrative Services City of San Juan Capistrano June 8, 1999 Page 3 This summary appraisal report is submitted in triplicate; we have retained a afile copy. If you require any additional information from our file, it would be appreciated if you would contact the undersigned. Very truly yours, RAIN &ASSOCIATES, INC. /;F aur Senior Appraiser aid P. Laurai rat Real Estate Appraiser Certified General Real Estate Appraiser Certification No.AG 025754 California Certification No. AG 007689 Renewal Date April 16, 2001 Renewal Date November 5, 2000 ' JPL:RPL:II I f R . P. EAURAIN Be ASSOCTATES P4 PM 9P/4 10 9/ l4 PM 90.42 +'90 50 90 5C cP.I.G J PJAO SAA/ PAA 2 4P 1 DI I O10 II 12 13 _ RS SJ l3 �/90-SJ RS 4J42 A56522m A2 PM9C-42 O PAR/ F l4 �o M go so ' z UI ;/P�AA4/ �k, a�yt `'J IPM 9o.43 331 B U mA 3 Q PM 9g? w 0 a "43 e, All 9,, PM 9043 yq3 ^4P 2 O 16 PM 99-23 vnrp +2 ,O PM 9C' 43 � PAR / /43J i[(U i�Pm / 0. e 3 its y ieuA:/J Cp.p- s SITE DESCRIPTION LOCATION: Located in the northeasterly quadrant of Valle Road and Forster Ranch Road, approximately 500± feet easterly of a portion of privately- owned Valle Road, in the City of San Juan Capistrano. LAND SHAPE: Effectively rectangular land configuration. DIMENSIONS: 99.78' x 154.65' x 98.42' x 145.56'. ■ LAND AREA: 14,875± square feet. * TOPOGRAPHY: Effectively level topography. DRAINAGE: Appears to be adequate. SOIL STABILITY: Appears to be adequate. SOIL CONTAMINANTS: None known, however, a soils study has not been provided for review. The subject prop- erty has been appraised as though free of soil contamination. ACCESS: The subject property is located 500± easterly of the privately owned and improved portion of Valle Road, and does not have direct access from a public or private right-of-way. Access to the subject site is apparently via an ' implied easement over the surrounding privately-owned property. It is assumed thc: the implied easement is for service and main- tenance purposes; in the event the water reservoir use is abandoned, it is further assumed that access to the site would be prohibited and the subject property would be "landlocked." ' RIGHT-OF-WAY WIDTH: Valle Road (private): 20±feet. STREET SURFACING: Asphalt paving. ' CURB AND GUTTER: None. ' R . P _ L A U R A I N 6r ASSOCIATES APPRAISERS-ArvRrvsTS 1-2 32400 PASEO ADEIANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 '� Ni J OOHNN NE CA GRE R CAMPBELL R (949) 493-1 171 11109111@I WYATT HART (949) 493-1053 (FAX) 1s9um110 1961 GIL JONES 1776 DAVID M.SWERDLIN CITY MANAGER GEORGE SCARBOROUGH NOTICE OF INTENT TO SELL SURPLUS LAND DECEMBER 1, 1999 The land shown as Parcel on the attached map has been declared surplus by the City of San Juan Capistrano and is available of sale. The following parcel data is provided for your information: AP#: 675-331-19,20 Location: Located in the northeasterly quadrant of Valle Road and Forster Ranch Road, approximately 500± feet easterly of a portion of privately-owned and improved portion of Valle Road, in the City of San Juan Capistrano Size/Shape: 14,875± square feet. Effectively rectagular land configuration. Topography: Effectively level topography Frontage: The subject property is located 500± feet easterly of the privately owned and improved portion of Valle Road, and does not have direct access from a public or private right-of- way. Terms: Cash Only. Pursuant to Government Code Section 54220, et seq., this land is offered for sale to housing, park, recreation, open space, school or enterprise zone agencies for its fair market value. Requests and bids for this land are to be submitted within 60 days to: Cindy Russell, Director of Administrative Services City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6301 Note: The attached map is for informational purposes only and is not to be relied upon to determine actual boundaries. onuouse is San Juan Capistrano: Preserving the Past to Enhance the Future o 5. o Location MapJIG I a `.CpOCARpp �� — ' .!(Y(lpSY{NQ/S r/..0 �,ut _ e�{• a a. - ♦i YA- O IS Y SEf A3 OS }I b_�b.�..�.�{�v✓ AS1� % •U r. 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LAU RAIN & ASSOCIATES INCORPORATED 3353 LINDEN AVENUE, SUITE 200 LONG BEACH, CALIFORNIA 90807 TELEPHONE (562) 426-0477 Invoice No. 6913 Date June 10, 1999 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attention: Ms. Cynthia L. Russell, Director of Administrative Services - r.Data PROFESSIONAL SERVICES RENDERED: Water District Site . East of Alipaz Street, Plt,e.v -.--Date— Adjacent —DatCAdjacent to San Juan Creek San Juan Capistrano, California Water Reservoir Site Easterly of Valle Road San Juan Capistrano, California 1.450. Total: $2,900. 1 Appraisal Report 5 Feasibility Analysis 9 Market Research 13 Pretrial Conference(s) 2 Appraisal Review 6 Investment Analysis 10 Rental Study 14 Pretrial Investigation 3 Consultation 7 Leasehold Analysis 11 Conference(s) 15 Court Attendance 4 Letter of Findings 8 Leased Fee Analysis 12 Deposition(s) 16 Court Testimony Please return copy of invoice with remittance. Tax I.D. No. 95-3471450 ' SAN JUAN CPISTRANO PURCHASE ORDER 32400 PASEO DELANTO NO. ` :h THIS NUMBER MUST APPEAR SAN JUAN CAPISTRANO, CA 92675 ON ALL INVOICES,PACKING SUPS. (714) 493-1171 • FAX(714) 493-1053 PACKAGES AND cORREsaoNDENCE. ShipTo: Above unless shown otherwise below Vendor: R.F. Lcurai.Il a Associates, Inc. 5.555 Linden Avenue, Suite 201 Longi, beach, CA (iC81,17 DATE ORDERED DATE REQUIRED CONFIRMING TO: DO NOT DUPLICATE VENDOR TELEPHONE VENDOR NO, YES NO 6f20/99 ACCOUNT NO. DEPARTMENT PURCHASING CONTACT FO 3.POINT 50-62139-4110 Administrative Services Diane Re ier QUANTITY UNIT - DESCRSKNNI UNIT PRICE AMOUNT Real Estate Appraisal Services - CTAD Property APN 675-331-19 and 675-331-20 .i1 ,4:30,1}C PLEASE SIGN AND RETURN ACKNOWLEDGEMENT COPY SALES TAX NOTE ANY CHANGES IN SPECIFICATIONS OR DELIVERY SCHEDULES -(- TERMS AND CONDITIONS SHIPPING/DELIVERY 11 IF DELIVERY CANNOT BE MADE ON DATE SPECIFIED ADVISE PURCHASING DIV.AT ONCE. -0- 2) MAIL INVOICES IN DUPLICATE IMMEDIATELY AFTER DELIVERY TO CITY OF SJC,SJC,CALIF. 3) INVOICES MUST BE ITEMIZED,STATING PRICE AND AMOUNT OF EACH ITEM. 4) ENCLOSE PACKING SLIP WITH EVERY SHIPMENT TOTAL ORDER 1 450.0:1 5) TRANSPORTATION CHARGES MUST BE PREPAID.IF QUOTED F.O.B.SHIPPING POINT,ATTACH ORIGINAL RECEIPTED FREIGHT BILLTO INVOICE. - 6) SALES TAX WILL BE PAID BUT MUST BE SHOWN SEPARATELY.THE CITY IS EXEMPT FROM FED-EXCISE TAX. 7) CITY OF SJC DESIRES TO PAYALL BILLS PROMPTLY.HOWEVER CLAIMS CANNOT BE PAID UNLESS OR UNTIL THE VENDOR COMPLIES IN FULL WITH ALL INSTRUCTIONS HEREON. 8) NO DELIVERIES WILL BE ACCEPTED WITHOUT PURCHASE ORDER NUMBER AND/OR PROPERLY APPROVED. By:- WILL y:WILL BE SUBJECT TO TEST AND INSPECTION. PURCHASING AGENPDEPUTY RECEIVING COPY f, LAU RAI N & A S S O C I A T E S INCORPORATED 3353 LINDEN AVENUE, SUITE 200 LONG BEACH, CA 90607-4503 June 8, 1999 TELEPHONE (562) 426-0477 FACSIMILE (562) 9BB-2927 Ms. Cynthia L. Russell Director of Administrative Services City of San Juan Capistrano 32400 Paseo Adelanto ' San Juan Capistrano, California 92675 Subject: Water Reservoir Site Easterly of Valle Road San Juan Capistrano, California ' Dear Ms. Russell: In accordance with your request and authorization, we have personally ' inspected and appraised the above-referenced property. The appraisal study included (1) an inspection of the subject property, (2) review of market data (land sales) in the immediate and general subject market area, and (3) a ' valuation analysis. ' The subject property is located within the northeasterly quadrant of Valle Road and Forster Ranch Road. It should be noted that access to the subject property is via an apparent implied easement over the surrounding privately- owned property. It is assumed, however, that access to the property is for the purpose of maintenance and repair of the existing water reservoir; it is further assumed that in the event the water reservoir is abandoned the subject property will be effectively 'landlocked." The subject property is currently improved with a water reservoir utilized by the Capistrano Valley Water District. The water reservoir is of concrete con- struction with corrugated metal roofing, contains 4,285 square feet, and has a depth of 10 feet. It is understood that the water reservoir is to be abandoned. The highest and best use of the subject property, assuming the water reser- voir site is vacated, would be (1) speculative investment for resale at a higher price at some future date, or (2) joinder with the surrounding privately-owned property. Further, prior to the highest and best use of the subject property, it is necessary to demolish and clear the existing water reservoir structure, and fill the excavation. APPRAISERS ANALYSTS Ms. Cynthla_L. Russell Director of Administrative Services City of San Juan Capistrano June 8, 1999 Page 2 The subject site contains a total land area of 14,875 square feet. The topog- raphy is effectively level and the site offers a very good hilltop view. The subject property has been appraised based upon the value of the underlying land parcel, less the costs to demolish, clear and fill the existing water reservoir. It should be noted that the underlying land value was discounted due to the assumed lack of access following the water reservoir abandonment. The purpose of the appraisal study is the estimation of the market value of the subject land. The definition of market value is set forth in the latter portion of this report, in the Addenda Section. After considering the various factors which influence the value of the subject property, the unencumbered fee simple market value, as of June 4, 1999, is summarized as follows: Land value, as if vacant: $67,000. Demolition and clearing costs: - 21,000. Fill and compaction costs: - 12,000, Final estimate of value: $34,000. The subject property has been appraised as though free of soil contaminants. The cost of soil remediation, if necessary, should be deducted from the final estimate of value indicated above. The foregoing values are subject to (1) the assumptions and limiting condi- tions set forth in the Addenda Section, (2) the valuation study set forth herein, and (3) the valuation analysis contained in our office file. No portion of this ' report shall be amended or deleted. R . R. I,A Q R A IN ' ASSOCIATES • • Ms. Cynthia. Russell Director of Administrative Services City of San Juan Capistrano June 8, 1999 Page 3 This summary appraisal report is submitted In triplicate; we have retained a file copy. If you require any additional information from our file, it would be appreciated if you would contact the undersigned. MVery truly yours, ;P. RAIN &ASSOCIATES, INC. 2 aur Senior Appraiser aid P. Laurai ral Real Estate Appraiser Certified General Real Estate Appraiser Certification No.AG 025754 California Certification No. AG 007689 Renewal Date April 16, 2001 Renewal Date November 5, 2000 ' JPL:RPL:II ■ I I R P. LAU RA I N I 8c ASSOCIATES rw Pt vs n�oa �u...• no.3 za.v 119050 PM 9050 PM 9111 PM 91.19 149091 \N I PAR 3 PR 1 PAR 1 Pd,R 2 2 LI O 10 II RS 53.13 RS 6572 T i¢°fle 1'19050 R693.91 c•A o P O M9C12/PAA g 14 o41 9P4R 150 �p4 .o ,� 2 W 0 .oez R PM 51-/ z Q a i PV 90 93 V < P.•, 331 1A3 e Qo w 71 P<R 929 O 5 984AC .1 Na ON c2 G Q i 15q JC 2/ wn� AS 93-92 4y { P.N 98.20 P49 cM90-13 O dR 1 5 16 1 JC6<c 2F, AS 5191 • P.N 98-29 •vab PPo9C 93 'nfl /133 A0/q s 17 oO'29 3 fla •15S JC/;;/ O SITE DESCRIPTION LOCATION: Located in the northeasterly quadrant of Valle Road and Forster Ranch Road, approximately 500± feet easterly of a portion of privately- owned Valle Road, in the City of San Juan Capistrano. LAND SHAPE: Effectively rectangular land configuration. DIMENSIONS: 99.78' x 154.65' x 98.42' x 145.56'. LAND AREA: 14,875± square feet. TOPOGRAPHY: Effectively level topography. DRAINAGE: Appears to be adequate. SOIL STABILITY: Appears to be adequate. SOIL CONTAMINANTS: None known, however, a soils study has not been provided for review. The subject prop- erty has been appraised as though free of soil contamination. ACCESS: The subject property is located 500± easterly of the privately owned and improved portion of Valle Road, and does not have direct access from a public or private right-of-way. Access to the subject site is apparently via an ' implied easement over the surrounding privately-owned property. It is assumed th.-t the implied easement is for service and main- tenance purposes; in the event the water reservoir use is abandoned, it is further assumed that access to the site would be prohibited and the subject property would be "landlocked." ' RIGHT-OF-WAY WIDTH: Valle Road (private): 20± feet. STREET SURFACING: Asphalt paving. ' CURB AND GUTTER: None. ' R . P . C.AU RAIN 8r ASSOCIATES APPRAISERS-ANALYSTS 1-2 JERRY W. NEELY P.O. BOX 1119 SAN ,JUAN CAPISTRANO, CALIFORNIA 92693 August 15,1999 Mr. George Scarborough City Manager 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Dear George, Jerry W. Neely and Nancy C. Neely, as trustees of the Neely Family Trust of March 9,1989 offer to purchase the property known as the McCracken Hill Reservoir Site for the appraised value of thirty four thousand dollars ($34,000.00) as established by the appraisal firm of R.S. Laurain &Associates on June 6,1999. Please let us know the acceptability of our offer and the necessary steps to proceed. Sincerely, Jerry y Nancy Neely � J SJDa ^td. Suite D.La Palma • • r Anaheim.Ca.92807 August 13, 1999 Mr.Jerry Neely P. O.Box 1119 San Juan Capistrano,Ca.92693 Dear Mr. Neely: In order to clarify the status of SJD Partners, Ltd. CSJD") efforts on your behalf with regard to your property in San Juan Capistrano, I have listed below the items we are undertaking for your benefit in consideration of the slope failure on your property In April 1998. 1. SJD will prepare and process for City of San Juan Capistrano ("City") approval a remedial repair soils report and grading plan for your property to replace the slope areas that failed. 2. SJD will re-grade the area of the approved plans to repair the slide area, build 2:1 slopes with benches and do all removals of unsuitable material necessary to create future buildable lots with a 1.5 to 1 Factor of Safety within your property pursuant to the approved repair plans. SJD will also prepare and process for City approval a Tentative Tract Map for your property,consisting of 31 lots approximating%acre in size. 3. SJD will construct a temporary water line to the McCracken Hilt reservoir, for connection of McCracken Hill to a City water source. SJD will remove the existing reservoir on McCracken Hill with the remedial grading efforts listed in Item 2 above. We have indicated to the City that we offer to purchase the existing reservoir site at it's appraised cost of$34,000,as indicated in the appraisal for this property conducted by John Laurin of R. P. Laurin and Associates, and provide it to you as a part of your future development plans for your land. We will pay the associated escrow and attorney fees related to this transfer.SJD will also provide a permanent connection for water to the new system to be developed in the Pacific Point project when it is completed. 4. SJD will prepare and submit for City approval a Development Agreement for your property, a copy of which has already been drafted for your review. 5. SJD will underground overhead power and telephone lines on your property, including removal of the"Nixon power pole"at the reservoir site. 6. SJD has resurfaced a portion of your driveway, and will replace the necessary stamped concrete entry area on your driveway as well. We will also reimburse you for costs incurred for your repair of electrical lines that we severed on your site on a previous date. 7. SJD will provide a 20-foot wide paved emergency access road from the future"A"Street in Pacific Point to Valle Road along the south side of your property and provide a chain gate prohibiting entry to your property from this area until future development of your land. 8. SJD will provide sewer lines and connections to the new sewer main in "A" Street within Pacific Point in order for your 2 houses to tie into this system. 9. SJD will provide funds in an amount to be determined to replant trees on your property that is regraded.This amount will take into account your estimates for replacement work. • • September 10, 1994 10. SJD will provide the needed documentation for execution of lot line adjustments, easements for grading and water line construction,and any other agreements for execution between SJD and you to implement these items. We will provide the construction easement to you for your review separately from this correspondence. 11. SJD will reimburse you for your attorney fees incurred as a result of review of the above mentioned documents. 12. SJD will reimburse you the sum of$2,000 for costs incurred for repair of irrigation lines broken from the slide occurrence. 13. In consideration of the items set forth herein, and by your signature below, you expressly release and discharge SJD,its employees,agents and successors and assigns from all claims and causes of action you ever had, now have,or may have in the future, known or unknown,or that any person claiming through you may have or claim to have against SJD by or arising out of any SJD construction activity on or about your property, authorized or otherwise.You acknowledge that you voluntarily and knowingly execute this release with the express intention of effecting the legal consequences provided in Civil Code section 1541,that is,the extinguishment of obligations as set forth herein. This indemnity further extends to you providing a legal defense with respect to any legal action instituted by any party to invalidate this agreement. We wish to thank you for your cooperation and patience in working with us over the last few years as the Pacific Point project has moved forward. If you have any questions about these items, please let us know. Sincerely, ;W1 Ronald A. Freeman// Vice President/Project Manager Accepted and Agreed to: F Jerry Neely Date Nancy Neely Date 0 Page 2 PARCEL NUMBER TAX RATE AREA CONTROL M 678-241-06 23-007 A062/371 COUNTY OF ORANGE CALL FOR TAX COLLECTOR JOHN M. W. MOORLACH, C.PA, CFP INFORMATION CURRENT YEAR ASSES CONT RROOL TREASLIRER-TAX COLLECTOR PAYMENTS OR FOR INFORMATION ON 12 (,IVIG Center PI Room G51 Sank Ana,GA 92701 9= PRIOR YEAR ASSSE�ESED VALUES COMPUTATION O Mail To: P.O. Boxa 1980, Santa Arv, CA 92702-7980 ® DELINQUENCIES (7141 834-2841 PROPERTY TAX SECURED PROPERTY TAX BILL �� HOMEOWNER (714)884-9411 EXEMPTIONS (714)034-245 1998-1999 Fis6a1 Yaar JUly 1, 1998 - Jut 30, 1999 (714)834-3821 PROPERTY LOCATION: NO SITUS ME64ITE: WMYI.00.CA.00V/TREAS OWNER OF RECORD AS OF 12:01 A.M: ON JANUARY 1, 199& LEOAL DESCRIPTION: VESTING CODE NEELY, JERRY M ET AL TR R S 004-15 PAR 8 POR OF P TR ASSESSED VALUES ����u El'�IE��uIE�Eu�I'E{�u n'E�t��u EIEEE"�u E�tu In lEl� DESCRIPTION FULL VALUE *" 5-DIGIT 92693 675-341-06 LAND 121,198 NEELY, JERRY W ET AL TR IWW40VEWWS - BUILDING 241,294 P 0 BOX 507 SAN JUAN CAPISTRANO CA 92693-0507 COMPUTED TAX TOTAL VALUES: 383,492 4,089.5 TOTAL NET TAXABLE VALUE: 383,492 4,089.5 TAX RATE VALUE ARAppNtAp� (�) A i I TYPE SERVICE AOENCY E%) SASE RATE • VALUE PAYNENr BY Iasi ON RITO PAY BY EVERSDIT ESDDE INOW AA ON REVERSE Al SIM p�j8CAP 89 DCCT 1990 VAILABLE. SEE At BASIC LEVY 1. 80 X33,�Z.00000 303 492 3,B13.f SIDE. Al CAP VAL MAT BOLD .00440 363,492 /6.I p� _ Al CAP VAL WrR RESV 80 .00186 363,492 a., OREREMMIPINDER NOTICE FOR 71YTHHER2NDDI INSTAENT.SEPARATE BILL Al CAP 11N2F SOHO .00009 383,492 .. SPL ASMNT USER FEES**** FOR NFO CALL: REFINANCE/LOAN PAYOFFS : IF YOU HAVE REFINANCED 03 VECTOR CONrRGL CNG (801401628-2210 112.1 YOUR LOAN PLEASE MAKE SURE YOUR PROPERTY TAXES C7 MWD WATER STODBBY GIG WILL BE PAID. IF YOU HAVE PAID OFF YOUR LOIN, YOU ARE NOW RESPONSIBLE FOR PAYING YOUR PROPERTY TAXES. o� rrr WRITE PARCEL NUMBER ON CHECK *** IMPORTANT INFORMATION ON REVERSE SIDE TOTAL: 1,08504 a,os9.; FIRST INSTALLMENT �� SECOND INSTALLMENT TAt ► DUE 11/1/96------- $2,029.64 DUE 2/1199--------- $2,029.64 DUE AND $4,059.2 PAYABLE PARCEL NUMBER TAX RATE AREA CONTROL M PARCEL 41-07 23-007 A092137E COUNTY OF ORANGE JOHN M. W. MOORLACH, C.P.A., CFP INFORMATLL IONIff CURRENTTAX YEAR A S CONTROLLEF TREASURER-TAX COLLECTOR PAYMENTS OR OR INFORMATION ON 12 Civic Canter Plaza Rgom G58 Santa Ana CA 92701 PRIOR YEAR ASeESSED VALUES COMPUTATION Oi Mail To: P.O. Box 1J80, Santa Ann, CA 92`/02-1980 DELINQUENCIES (714) 834-2941 PROPERTY TAX BILL HOMEOWNER SECURED PROPERTY TAX (714)894-9411 EXEMPTIONS 1958-1999FIBD,9 Year July t, 1998 - rune 30, 19119 (714)894-9821 (714)894-245. PROPERTY LOCATION: NO SITUS WE WWN.00.CA.ODV/TREAS OWNER OF RECORD AS OF 12:01 A.M. ON JANUARY 1, 188& LEGAL DESCRIPTION: VESTING CODE NEELY, JERRY W ET AL TR R S 004-15 PAR 8 FOR OF P TR ASSESSED VALUES IIILuILLIInLIuuIIll�nIILLIIulIulli1111111Il1Ilfl DESCRIPTION FULL VALUE «r«r««wrt«s««rrt«r 5-DIGIT 92693 675-341-07 LAND 15,311 NEELY, JERRY W ET AL TR P D BOX 507 SAN JUAN CAPISTRANO CA 92693-0507 COMPUTED TAX TOTAL VALUES: 15,311 179.3 TOTAL NET TAXABLF VALUE: 19,311 178.3 TAXI ATTMION TYPE SERVICE AGENCY 'IVBA RAPE s VALUE OPTION TO PAY BY CROIT CARD NOW AVAILABLE. SEE At BASIC LEVY 1.00000 16,317 163.1 PARAGRAPH 1l6) ON REVEP S sE SIpE Al SN JN CAP CTY 8 1990 .06980 15,911 10.9 PAYMENT BY MAIL SEE RPARAOAAPH 1(A) ON REVERSE A7 MWD-MEIN OC-A N7 .00890 16,311 1.3 SIDE. Al CAP VAL WAT BOND .00440 15,311 .9 AiVAL WER RESV BD .00185 15,311 .2 PLEASE NOTE: VOL) WILL NOT RECEIVE A SEPARATE BILL Al UNIF BOND .00009 16,311 .A OR REMINDER NOTICE FOR THE 2m INSTALLMEIfT. SPL ASMNi LISER FEES**** FOR INFO CALL: REFINANCE/LOMI PAYOFFS • IF yYOUyRHAVE RERTFYINANCED 63 VECTOR CHG 5714)971-2421 .t WILL LOANBE PLED. ASE YgWJ E SURE VE AID OFF YOUR LOQ TAXES C7 � MATER Y Cm 1800)528-2710 10.0 ARE NOW RESPONSIBLE FOR PAYING YOUR PROPERTY TAXES. xxx WRITE PARCEL NUMBER ON CHECK xss IMPORTANT INFORMATION ON REVERSE SIDE TOTAL: 11.085041 1 179.3 FIRST INSTALLMENT SECOND INSTALLMENT OTAL DUE 11/9!98-------1111 $88.15 DUE 2/1199---------* $176.3 PAYABLE PARCEL NUMBER TAX RATE AREA CONTROL M 675=931-/8 23-007 A0821980 COUNTY OF ORANGE CALL FO TAX COLLECTOA s AUDITOR JOHN u I ORJOHN M. W. MOORLACH, C,P.A., CFP INFORMATION CONTROLLER TREASURER-TAX COLLECTOR CURRENT YEAR OR INFORMATION ON: PAYMENTS OR ASSESSED VALUES 12 Civic Canter Plaza Room G58♦Santa Ana, CA 92701 � PRIOR YEAR COMPUTATION OI Mail To: P.O. Box 1980, Santa Ana, CA 92702-1980 4 DELINQUENCIES (714) 894-2941 PROPERTY TAX SECURED PROPERTY TAX BILL �1 HOMEOWNER (714)$9¢-3411 EXEMPTIONS 19981999 Fiacai Yrar July i, 1998 - June 30, 1999 (714)834^3821 (7141894-245! PROPERTY LOCATION: NO SITUS WEBSITE: WWW.00.CA.00V/TREAS STING CODE OWNER OF RECORD AS OF 12:01 A.M. ON JANUARY 1, 1996 LEGAL DESCRIPTION: VE NEELY, JERRY W ET AL TR R S 004-15 PAR 8 POR OF P TR ASSESSED VALUES (LLu�LLIIuI�IuuILII„�,I�I�II,��Lulill��{,�,I,�III� DESCRIPTION . FULL VALUE **************** 5-DIGIT 92693 675-331-18 LAND 107,455 NEELY, JERRY W ET AL TR P 0 BOX 507 SAN JUAN CAPISTRANO CA 92693-0507 COMPUTED TAX TOTAL VALUES: 107,468 1,287.: TOTAL NET TAXABLE VALUE: 107,458 1,287.: AT NT T TYPE VALLE 111111509r.— SERVICE AGENCY (%)E BASE RATE • VALLA OPTION TO PAY BY CREDIT CURD NOW AVAILABLE. SEE At BASIC LEVY 1. 107,455 1,074.! PARAGRAPH 1 B) ON REVERSE SgIDE. Al SN JN CAP CTY 8 1990 .08880 107,455 75.1 PAYMENT BY IL : SEE PARAGRAPH 1(A) ON REVERSE Al MWD-MUN OC-A N7 .00890 107,488 9.! SIDE. Al CAP VAL WAT BOND .00440 107,455 4.' Al CAP VAL VTR RESV BD .00185 107,485 1.! PLEASE NOTE: YOU WILL NOT RECEIVE A SEPARATE BILL Al CAP 11NIF BOND .00009 107,455 .� OR REMINDER NOTICE FOR THE 2ND INSTALLMENT. E �pAN SPL ASMIr USER FEES**** (FOR INFO CALL: YOUR LAIW/ PLEASEYMAKE SURE YOU HAVE C7 N�MD�WATE�TOBLY CHG CHO (800)928-2710 89.: WILL BE PAID. IF YOU HAVE PAID OFF YOM LOAN, YOU ARE NOW RESPONSIBLE FOR PAYING YOUR PROPERTY TAXES. i ■*• WRITE PARCEL NUMER ON CHECK •ss IMPORTANT INFORMATION ON REVERSE SIDE TOTAL: 1.08504 1,287. FIRST INSTALLMENTSECOND INSTALLMENT TOTAL DUE 11/1/98------ ► $633.63 DUE 211/99--------- $633.63 DUE AND_ LAWYERS TITLE COMPANY 18551 Von Karmen Avenue, Suite 100 Irvine, CA 92612 PRELIMINARY REPORT City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cynthia Russell Escrow Officer: Cynthia Russell Telephone: 949-493-1171 Fax: Your No. : Capo Valley Property Address: Our No. : 0000042-12 San Juan Capistrano, CA Title Officer: John Marten Direct Line: (949) 223-5520 Fax Line: (949) 261-6927 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the conditions of title and may not list all liana, defects, and encumbrances affecting title to the land. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CLTA Preliminary Report (Rev. 1-1-95) ORDER NO. : 0000042-12 SCHEDULE A Date of Report: 02/16/00 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: Capistrano Valley Water District 3. The land referred to in this report is situated in the State of California, County of Orange , and is described on the attached Exhibit A. i ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet; thence South 740 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 74° 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 740 14' 40" East 98.37 feet; thence North 150 45' 20" East 154.65 feet; thence North 740 14' 40" West 99.65 feet; thence South 15° 45' 20" West 145.62 feet; thence South 70 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 67° 30. 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94.65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet and thence South 740 14' 40" East to the point of beginning. ORDER NO. : 0000042-12 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2000-2001 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: lay and maintain water pipes and take water through said land Recorded: October 6, 1930 Book 428, Page 75 of Official Records Affects: portion of Parcel A Reference is made to said document for full particulars. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Consolidated Gas & Electric Company Purpose: pole lines Recorded: January 21, 1941 Book 1072, Page 563 of Official Records Affects: said deed provides that the route of said line of poles shall be erected as follows: Beginning at Station 441+55.38 on the center line of the State Highway as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of Orange County, California; thence South 580 00' East 1081.6 feet; thence North 790 52' East 668.7 feet; thence North 75° 44' East 342.6 feet. Reference is made to said document for full particulars. 3. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: underground pipe lines Recorded: Book 2110, Page 407 of Official Records Affects: portion of said land Reference is made to said document for full particulars. ORDER NO. : 0000042-12 SCHEDULE B (continued) 4. Matters contained in Record of Survey, as per map filed in Book 4, Page 15 and Book 21, Page 41 of Record of Survey, in the office of the County Recorder of said County. Reference is made to said map for full particulars. 5. Covenants, conditions and restrictions as set forth in the document. Recorded: Book 4984, Page 448 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said matter affects: Parcel B 6. The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: San Juan Capistrano Central Redevelopment Project Area Recorded: May 22, 1984 Instrument No. 84-212085 of Official Records 7. Lack of a right of access to and from the land. Attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. Please inform us if access has been, or is to be, established by means of an appurtenant easement. This will require additional time and expense to search and report upon before title insurance can be approved. 0 0 ORDER NO. : 0000042-12 SCHEDULE 8 (continued) END OF SCHEDULE H EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. ORDER NO. : 0000042-12 NOTES AND REQUIREMENTS NOTE NO. 1: SPECIAL NOTICE California Insurance Code Section 12413 .1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulates the disbursement of escrow funds by Title Companies. Funds received by Lawyers Title Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1. We have received confirmation of the respective incoming wire. 2 . Collection of a deposited check. Wires directed to this office of Lawyers Title Company must be directed to: UNION BANK 1980 SATURN STREET MONTEREY PARK, CA 91754 ACCOUNT #: 9120014096 ABA#: 122000496 FOR: (list our Order Number) NOTE NO. 2: This Company will require the following to insure a loan or a conveyance from, the entity named below: Capistrano Valley Water District (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. NOTE NO. 3: The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. ORDER NO. : 0000042-12 NOTE SECTION (continued) NOTE NO. 4: There are no conveyances affecting said land, recorded within six (6) months of the date of this report. DISTRIBUTION: jm/rd Plats and CC&R's enclosed Typed: 02/23/00 "This plat is for your aid in locating your land with reference to streets and other parcels.While this plat is believed to be correct, the Company Assumes no liability for any loss occurring by reason of reliance thereon" UM- LawyersTide Company 675-33 TMNNIPNN 11l11®f0110MN0!WIIIrT 36 A9IFIIR1109I.IIRgN pLY.NENIR IICA�RIII�OIIOBl1 xorrotlsllBRa�Buwexn RRB9rIm Iw P' n PY. 91 42 PY PAR. .q PM 9/ $d : 9010 R 2 I PAN P PO e S °IRi1O "5 4 I� 12 13 O 10 x I � - o RSJJ/3 " RS 65-ZZ R.S.434P "' RS 43-4P P.a90 PAR PAN.Z '� OACR9 Ow A F 14 / L t � PM 90-50 la.b nhs' !� PAR./ W ,ry P. PM.JI-/ O `ro Y Ie co MRR.5 I B.B49C PY gd 29 pAg� 6 lO RS 4J-4Z /5/PAL2/ Lri Mac RS I.r-42 M RY M-43 a YY 96-P9 PAR.PMR 5 _ w OQ � tp Q w+a PoF.P MR. PY 90-43 PAR. B U C °A"' PAR. A NJJ AC KI - 17 (� 19 9 PY Sb-29 txe' _ PAR Q3 3 R /a66Ac2/ °Y N Cl A 7 a, 34 0 0 0 - MARCH 1983 PARCEL MAP PM 54-/,90.42,90-43,90-5O,91-14,98-29NOTE-ASSESSOR'S BLOCK d ASSESSOR'S MAP � RECORD SURVEY R.S. 43-42 PARCEL NUMBERS eO0K 675 PAGE 33 O o SHOWN IN CIRCLES COUNTY OF ORANGE 0 Q L N a O 2. The right to'cke the land by condemning it,unless: • a notice of exercising the right app in the public records on the Policy Date • the taking happened prior to the RIWate and Is binding on you if you bought the Ian out knowing of the taking - 3. Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared on the public records • that result in no loss to you - that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in item 8 of Covered Title Risks A. Failure to pay value for your title. 5. Lack of a right: - to any land outside the area specifically described and referred to in item 3 of Schedule A or • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in item 5 of Covered Title Risks. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(6-2-98) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(10-17-98) EXCLUSIONS In addition to the Exceptions in Scheduie B,You are not insured against loss,costs,attorneys'fees,and expenses resulting from, 1. Governmental police power,and fine existence or violation of arty law or government regulation.This includes ordinances,laws and regulations concerning: a. building b. zoning a land used d, improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation of enforcement appears in the Public Records at We Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17,or 24. 2. The failure of Your existing structures,or any part of them,to be constructed In accordance with applicable building codes,This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it,unless: a. a notice of exercising the right appears in the Public Records at the Policy Date:or b, the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks. a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; In. that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c. that result in no loss to You,or d, that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8d,22,23,24 or 25. 5, Failure to pay value for Your Title, 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b. in streets,alleys, or waterways that touch the Land. TMs Exclusion does not limit the coverage described in Covered Risk 11 or 18. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of'. 1. (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,a regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy.but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting In no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy):or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5, Invalidity or unenforceab'Oily of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or In part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the Insured has advanced or is obligated to advance, 7, Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state Insolvency,or similar creditorsrights laws,that is based on, (i) the transaction creating the interest of the insured mortgage being deemed a fraudulent conveyance or fraudulent transfer,or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (w) the transaction creating the interest of the insured mortgage being deemed a preferential transfer except where the preferental transfer results from the failure.(a)to timely record the Instrument of transfer;or(b)of such recordation to impart notice to a purchaser for volue or o Judgment or lien creditor EX'1baq(T*v6at98) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY— 1990 EXCLUSIONS FROM COVERAGE `. the following matters are expressly excluded i. the coverage of this policy and the Compai )t pay loss or damage,costs,attorneys"fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building or zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(i(i)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the and Is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge, 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under This policy; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy, 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mort gage and is based upon usury or any consumer credit protection or truth in lending law. 6, Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors rights laws. EXCEPTIONS FROM COVERAGE—SCHEDULE B, PART I This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1, Taxes or assessments which are not shown as existing liens by the 3. Easements,liens or encumbrances,or claims thereof,which ore not records of any taxing authority that levies taxes or assessments on real shown by the public records, property or by the public records. 4, Discrepancies, conflicts in boundary lines, shortage in area, Proceedings by a public agency which may result in taxes or assess- encroachments,or any other facts which a correct survey would dis- ments,or notices of such proceedings,whether or not shown by the close,and which are not shown by the public records, records of such agency or by the public records. 5, (a) Unpatented mining claims; (b) reservations or exceptions in 2. Any facts,rights,interests or claims which are not shown by the pub- patents or in Acts authorizing the issuance thereof;(c)water rights,claims lir records but could be ascertained by an inspection of the land which or titre to water,whether or not the matters excepted under(a),(b)or(c) may be asserted by persons in possession thereof are shown by the public records. AMERICAN TITLE ASSOCIATION OWNER'S POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage.costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy use,or enjoyment of the and;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters', (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to fine insured claimant; (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws that is based on: (I)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:(a)to timely record the instrument of Transfer;or(b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not Insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. T01E(Re 5/W) • 3 LAWYERS TITLE COMPANY 18551 Von Kerman Avenue, Suite 100 Irvine, CA 92612 PRELIMINARY REPORT City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cynthia Russell Escrow Officer: Cynthia Russell Telephone: 949-493-1171 Fax: Your No. : Capo Valley Property Address: Our No. : 0000042-12 San Juan Capistrano, CA Title Officer: John Marten Direct Line: (949) 223-5520 Fax Line: (949) 261-6927 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the conditions of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CLTA Preliminary Report (Rev. 1-1-95) • • ORDER NO. : 0000042-12 SCHEDULE A Date of Report: 02/16/00 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: Capistrano Valley Water District 3. The land referred to in this report is situated in the State of California, County of Orange and is described on the attached Exhibit A. • ORDER NO. : 0000042-12 EXHIBIT A (LEGAL) PARCEL A: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 15° 45' 20" East 94 .65 feet; thence North 740 14' 40" West 39.65 feet; thence South 15° 45' 20" West 94 .65 feet; thence South 740 14' 40" East to the point of beginning. PARCEL B: That portion of Section 13, Township 8 South, Range 8 West, in the Rancho Boca de la Playa as shown on a map recorded June 29, 1887 in Book 4, Pages 118 and 119 of Patents, records of Los Angeles County, California, described as follows: Beginning at the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records in the office of the County Recorder of said Orange County; thence South 490 59' 20" West 100 feet; thence North 670 30' 20" West 340.26 feet; thence North 70 41' 20" East 9.92 feet; thence South 740 14' 40" East 10.11 feet to the TRUE POINT OF BEGINNING; thence continuing South 740 14' 40" East 98.37 feet; thence North 150 45' 20" East 154.65 feet; thence North 740 14' 40" West 99.65 feet; thence South 150 45' 20" West 145.62 feet; thence South 7° 41' 20" West 9.12 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following described land: Beginning at the most Easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records, in the office of the County Recorder of said Orange County; thence South 49° 59' 20" West 100 feet; thence North 67° 30' 20" West 340 .26 feet; thence North 7° 41' 20" East 9.92 feet; thence South 740 14' 40" East 78.48 feet; thence North 150 45' 20" East 30 feet to the TRUE POINT OF BEGINNING; thence North 150 45' 20" East 94 .65 feet; thence North 740 14' 40" West 39.65 feet; thence South 150 45' 20" West 94.65 feet and thence South 740 14' 40" East to the point of beginning. ORDER NO. : 0000042-12 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2000-2001 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: lay and maintain water pipes and take water through said land Recorded: October 6, 1930 Book 428, Page 75 of Official Records Affects: portion of Parcel A Reference is made to said document for full particulars. 2 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Consolidated Gas & Electric Company Purpose: pole lines Recorded: January 21, 1941 Book 1072, Page 563 of Official Records Affects: said deed provides that the route of said line of poles shall be erected as follows: Beginning at Station 441+55.38 on the center line of the State Highway as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of Orange County, California; thence South 58° 00' East 1081.6 feet; thence North 790 52' East 668.7 feet; thence North 750 44' East 342 .6 feet. Reference is made to said document for full particulars. 3. An easement for the purposes shown below and rights incidental thereto as reserved in a document Purpose: underground pipe lines Recorded: Book 2110, Page 407 of Official Records Affects: portion of said land Reference is made to said document for full particulars. ORDER NO. : 0000042-12 SCHEDULE B (continued) 4. Matters contained in Record of Survey, as per map filed in Book 4, Page 15 and Book 21, Page 41 of Record of Survey, in the office of the County Recorder of said County. Reference is made to said map for full particulars. 5. Covenants, conditions and restrictions as set forth in the document. Recorded: Book 4984, Page 448 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said matter affects: Parcel B 6. The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: San Juan Capistrano Central Redevelopment Project Area Recorded: May 22, 1984 Instrument No. 84-212085 of Official Records 7. Lack of a right of access to and from the land. Attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. Please inform us if access has been, or is to be, established by means of an appurtenant easement. This will require additional time and expense to search and report upon before title insurance can be approved. ORDER NO. : 0000042-12 SCHEDULE B (continued) END OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. 0 ORDER NO. : 0000042-12 NOTES AND REQUIREMENTS NOTE NO. 1: SPECIAL NOTICE California Insurance Code Section 12413 .1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulates the disbursement of escrow funds by Title Companies. Funds received by Lawyers Title Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1. We have received confirmation of the respective incoming wire. 2. Collection of a deposited check. Wires directed to this office of Lawyers Title Company must be directed to: UNION BANK 1980 SATURN STREET MONTEREY PARK, CA 91754 ACCOUNT #: 9120014096 ABA#: 122000496 FOR: (list our Order Number) NOTE NO. 2: This Company will require the following to insure a loan or a conveyance from, the entity named below: Capistrano Valley Water District (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. NOTE NO. 3 : The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. ORDER NO. : 0000042-12 NOTE SECTION (continued) NOTE NO. 4 : There are no conveyances affecting said land, recorded within six (6) months of the date of this report. DISTRIBUTION: jm/rd Plats and CC&R's enclosed Typed: 02/23/00 "This plat is for your aid in locating your land with reference to streets and other parcels.While this plat is believed to be correct,the Company Assumes no liability for any loss occurring by reason of reliance thereon" CcLT� LuryersTide Company 675-33 nu rAP.us rIeRIRn ra awRBe cBlRnr A9966M 09r.IIRfp6 RILT.M NRCt- PoRRRIRRIRI W W RRICNl01RNCRR6t RMNEIIRYYRIMRIIIIERfIIIl1IRR OWP�YRRBIIf � 36 I u,r -- PK PK 90-41 PAR 2 P PAR 1 e C PM 90-JO S OJ IU � 11 12 13 9 R N-4P RS.53/3 N R555-22a PM U A.S. *' RS 4Y 4P S 41 PAR.1 PAM 20J1 AC�W O ' 1t 14 F an 0 Am 90-50 O PAR./ er PM.54-1 w O 3 6 6 PM 9p-4J •1331 MRJ = e.e4 Ac •,• PM 4P9 S MRJ 43-4Y1512421t) r RS I.I-OP M RM.90-43 Ld RM 9R-19 PAR.2 K..w MR.3 O J C 1,40E AG/CI � RSS/1l �hA a E wsa °RI%n { RMPA90-45 PAR. B .N PAR. A /.4YJJ ACO - I T 1 2 19 Q PM98-P9 xze' S - IKBACK'/ uxsr AN N 7 34 0 0 0 MARCH 1,983 PARCEL MAP PM 541,90-42,90-43,9050,9/-14,98-29NOTE-ASSESSORS BLOCK 8 ASSESSOR'S MAP RECORD SURVEY R.S. 43-42 PARCEL NUMBERS BOOK675PAGE33 O00 SHOWN IN CIRCLES COUNTY OF ORANGE O F— ti: N a 0 Bohr A(Rev 612198) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY— 1990 Ah EXCLUSIONS FROM COVERAGE AM The following matters are expressly excluded lWhe coverage of this policy and the Company vII pay loss or damage,costs,attorneys'fees or expenses'which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (Including but not limited to building or zoning laws, ordinances,or regulations) restricting, regulating,prohibiting or relating to(1)the occupancy,use or enjoyment of the land;(ii)the character,dimensions or location of any Improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy, (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created,suffered,assumed or agreed to by the Insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mort gage and is based upon usury or any consumer credit protection or truth in lending law 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws, EXCEPTIONS FROM COVERAGE —SCHEDULE B, PART I This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of, 1. Taxes or assessments which are not shown as existing liens by the 3. Easements,liens or encumbrances,or claims thereof,which are not records of any taxing authority that levies taxes or assessments on real shown by the public records, property or by the public records, 4, Discrepancies, conflicts in boundary lines, shortage in area, Proceedings by a public agency which may result in taxes or assess- encroachments,or any other facts which a correct survey would dis- ments,or notices of such proceedings,whether or not shown by the close,and which are not shown by the public records. records of such agency or by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in 2. Any facts,rights,interests or claims which are not shown by the pub- patents or in Acts authorizing the issuance thereof;(c)water rights,claims lic records but could be ascertained by an inspection of the land which or title to water,whether or not the matters excepted under(a),(b)or(c) may be asserted by persons in possession thereof. are shown by the public records. AMERICAN TITLE ASSOCIATION OWNER'S POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(I)the occupancy,use,or enjoyment of the land;(u)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the lI is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polley (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge, 3, Defects,liens,encumbrances,adverse claims or other matters, (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded In the public records at Date of Policy,but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy:or (e)resulting In loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or Interest Insured by this policy. 4, Any claim,which arises out of the transaction vesting in the insured fine estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state Insolvency,or similar creditors'rights laws that is based on: (i)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:(a)to timely record the instrument of transfer,or(b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule 8,you are not insured against loss,costs,attorneys'fees,and expenses resulting from. I. Governmental police power,and the existence or violation of any law or government regulation,This includes building and zoning ordinances and also laws and regulations concerning. • land use land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. T-01E(RGs/99) 2. The right to take the land by condemning it,unless: _ • a notice of exercising the right app, - in the public records on the Policy Date • the taking happened prior to the R Date and is binding on you if you bought the lane .:flout knowing of the taking „ 3. Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared on the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A or • in sheets,alleys,or waterways that Touch your land This exclusion does not limit the access coverage in item 5 of Covered Titie Risks. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(6-2-98) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule B,You are not insured against loss,costs,offorneys'tees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes ordinances,laws and regulations concerning: a. building b. zoning c. land used d, improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation of enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17,or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date, 3, The right to take the Land by condemning it,unless. a, a notice of exercising the right appears in the Public Records at the Policy Date;or b, the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking, 4. Risks', a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; b, that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c. that result in no loss to You:or d, that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8d,22,23,24 or 25. 5. Failure to pay value for Your Tifle. 6. Lack of a right a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b, in streets,alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk I I or 18. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (IN) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records of Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or To the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage, 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory Ilen(or services,labor or materials over the Ilen of the Insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises our of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (i) the transaction creating the interest of the insured mortgage being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (iii) the transaction creating the interest of the insured mortgage being deemed a preferential transfer except where the preferential transfer results from the failure:(a)to timely record the instrument of transfer:or(b)of such recordation To Impart notice to a purchaser for value or a judgment or lien creditor 32400 PASEO ADELANTO :/ MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 COLLENE CAMPBELL JOHN GREINER (949) 493-1 1719% nmrouru WYATT HART (949) 493-1053 (FAX) GIL JONES 1776 DAVID M.SWERDLIN CITY MANAGER GEORGE SCARBOROUGH February 7, 2000 Mr. John Martin Continental Lawyer's Title Co. 18551 Von Karman, Suite100-200 Irvine, CA 92612 Re: AP# 121-171-50;675-331-19;675-331-20 Dear Mr. Martin, The City is requesting preliminary title reports on the above referenced properties. Please contact me at (949) 443-6301 with a timeline for completion of these items. Sincerely, C thia L. Russell ative A ministrServices Director C:WyFiles\PROPERTY\titlewwd.wpd DRUG USE IE San Juan Capistrano: Preserving the Past to Enhance the Future f Jwaw, 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCILPBELL SAN JUAN CAPISTRANO, CA 92675 +� COLLEGE CAMPBELL JOHN GREINER (949) 493-1171 uRrrnml AR T (949) 493-1053 (FAX) GIL JONES 1776RnwR M.swEHRUN CRY MANAGER GEORGE SCARBOROUGH NOTICE OF INTENT TO SELL SURPLUS LAND DECEMBER 1, 1999 The land shown as Parcel on the attached map has been declared surplus by the City of San Juan Capistrano and is available of sale. The following parcel data is provided for your information: AP#: 675-331-19,20 Location: Located in the northeasterly quadrant of Valle Road and Forster Ranch Road, approximately 500± feet easterly of a portion of privately-owned and improved portion of Valle Road, in the City of San Juan Capistrano Size/Shape: 14,875± square feet. Effectively rectagular land configuration. Topography: Effectively level topography Frontage: The subject property is located 500± feet easterly of the privately owned and improved portion of Valle Road, and does not have direct access from a public or private right-of- way. Terms: Cash Only. Pursuant to Government Code Section 54220, et seq., this land is offered for sale to housing, park, recreation, open space, school or enterprise zone agencies for its fair market value. Requests and bids for this land are to be submitted within 60 days to: Cindy Russell, Director of Administrative Services City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6301 Note: The attached map is for informational purposes only and is not to be relied upon to determine actual boundaries. onuause Is San Juan Capistrano: Preserving the Past to Enhance the Future h . Location Map W L flICARDOo R 0y a v3\',S z O 3° ",E,E'� 1 A H o �■ eP BYO r = ,N Aw .4� 4Q' PP�AR,'•l ° pJ TO L P CApS IflANO � a °+ -� 9- \�-� rt .YAI[EY{IWL N.4- J. /.}/y 1;�. e • _ 13 O`.f4— 5 Sh•°•'T > SfE©A] R O I p ° 1 10 CITA1)r, c/e E Z.r••. YIYIYI i//Jll SP' t'0Y. v/4 B.�fi9.RIC ' p^No'° i.urlm Cir •�-`l "• / pR Stq`f IN a AMr RAT cr Q D, y •/V HILLS. .S' [ �Y({.Div A..u. sso wro n0 GO[f gyyW ;;% _ M ] AMINyy R i'y y :^ L9 Cti COUNSf-• /.Y Imo/ y( _C�"• ■! 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L A U R A II 8C ASSOCIATES APPRAISERSANAL AVAIL-Am °M 90 30 _ PM 9050 °M 9n/9 °M -f P 042 P.LS 3 PAR 9 PAR/ PAR 2 D O to II 2 3 I RS 5313 'dO�a • 11 P 19050 R593-9I RS 65-2,? P.R z x PM9C 42 g� PAR l 1�4 n g 14 'M 9050 ' Z /PARR i 0 1 \/ PM 54-1 Q < _ T PM 90.45 (J PtR 9z' � 331 S BB9 A: ,Ni OCNi 13/2 aC/:/ ¢ < °br RS4342 L—PM pB.2p PM 90-43 RAR 3 °AR2 O 6 • 1 a^c 40 RS 51.4/ P.b 9819 'aero Pa;2 OPM 90 43 PAR / � PAR 01'29 ti:tl 3 �.S d CGU-�t,0.�- �1�. .�`�E�U�. �/,�� ' R P . LAU RAI N ' &_ A S S O C I A T E S INCORPORATED 3353 LINDEN AVENUE, SUITE 200 LONG BEACH, CA 90807-4503 ' June 8, 1999 TELEPHONE (562) 426-0477 FACSIMILE (562) 988-2927 Ms. Cynthia L. Russell ' Director of Administrative Services City of San Juan Capistrano 32400 Paseo Adelanto ' San Juan Capistrano, California 92675 Subject: Water Reservoir Site ' Easterly of Valle Road San Juan Capistrano, California Dear Ms. Russell: In accordance with your request and authorization, we have personally ' inspected and appraised the above-referenced property. The appraisal study included (1) an inspection of the subject property, (2) review of market data (land sales) in the immediate and general subject market area, and (3) a valuation analysis. The subject property is located within the northeasterly quadrant of Valle Road and Forster Ranch Road. It should be noted that access to the subject property Is via an apparent implied easement over the surrounding privately- owned property. It is assumed, however, that access to the property is for the purpose of maintenance and repair of the existing water reservoir; it is further assumed that in the event the water reservoir is abandoned the subject ' property will be effectively 'landlocked." The subject property is currently improved with a water reservoir utilized by the Capistrano Valley Water District. The water reservoir is of concrete con- struction with corrugated metal roofing, contains 4,285 square feet, and has a depth of 10 feet. It is understood that the water reservoir is to be abandoned. The highest and best use of the subject property, assuming the water reser- voir site is vacated, would be (1) speculative investment for resale at a higher ' price at some future date, or (2) joinder with the surrounding privately-owned property. Further, prior to the highest and best use of the subject property, it is necessary to demolish and clear the existing water reservoir structure, and ' fill the excavation. ' APPRAISERS ANALYSTS Ms. Cynthia L. Russell Director of Administrative Services City of San Juan Capistrano June 8, 1999 Page 2 The subject site contains a total land area of 14,875 square feet. The topog- raphy is effectively level and the site offers a very good hilltop view. The subject property has been appraised based upon the value of the underlying land parcel, less the costs to demolish, clear and fill the existing water reservoir. It should be noted that the underlying land value was discounted due to the assumed lack of access following the water reservoir abandonment. The purpose of the appraisal study is the estimation of the market value of the subject land. The definition of market value is set forth in the latter portion of this report, in the Addenda Section. After considering the various factors which influence the value of the subject property, the unencumbered fee simple market value, as of June 4, 1999, is summarized as follows: ' Land value, as if vacant: $67,000. Demolition and clearing costs: - 21,000. Fill and compaction costs: - 12,000. ' Final estimate of value: $34,000. The subject property has been appraised as though free of soil contaminants. ' The cost of soil remediation, if necessary, should be deducted from the final estimate of value indicated above. The foregoing values are subject to (1) the assumptions and limiting condi- tions set forth in the Addenda Section, (2) the valuation study set forth herein, and (3) the valuation analysis contained in our office file. No portion of this report shall be amended or deleted. 1 1 R . P. LA RAIN & A S S O C I A'C E S ' .cw.o....o ' Ms. Cynthia L. Russell Director of Administrative Services City of San Juan Capistrano June 8, 1999 Page 3 1 This summary appraisal report is submitted in triplicate; we have retained a file copy. If you require any additional information from our file, it would be appreciated if you would contact the undersigned. Very truly yours, ;P. RAIN &ASSOCIATES, INC. aur Senior Appraiser aid P. Laurai ral Real Estate Appraiser Certified General Real Estate Appraiser Certification No.AG 025754 California Certification No. AG 007689 Renewal Date April 16, 2001 Renewal Date November 5, 2000 JPL:RPL:II 1 1 R . P. LALTRAIN Be ASSOCIATES 1 ' SUBJECT PROPERTY DESCRIPTION 1 R _ P _ LAURA 1 N He ASSOCIATES nv�vuuees nrvniv.,i. 1 1 SUBJECT PROPERTY 1 F. #;;'. A y r� Ra� 4 View looking northerly at the subject property. See additional ' photograph in the Addenda Section. t APPARENT VESTEE: Capistrano Valley Water District ' PROPERTY ADDRESS: None ' LEGAL DESCRIPTION: Parcel 8, Record Survey 004-15, San Juan ' Capistrano, Parcel Map No. 54, Page 1, in the office of the County Recorder, County of Orange, California. A complete metes and ' bounds legal description was not provided for review. ' R . P L A U R A I N & ASSO C7ATES APPRAISERS-RNAiYSTS 1-1 I I i I I I I I I I I I i I I I I I +' PM PM 9/-/4 PM 9/ /4 P'W 9092 N `p,90�50 - PAR 45C PAR l PAR 2 'AP 2 Oto II a RS 53 /3 izu v.a 1jP'/9p-SJ R543 92 R56'S-22m R:R 2 O P"90." 02 PAR/ F 14 P PAR go-So a W 0 RM 54. PM ap.43 'U 4 331 O3 8 a o w UI PAI 'AA 984 A,^, r7 a O N 2 Q °a '464 RS 4342 c �-� It, 48.29 AR 3 p4MJ 43 O16 RS 5/-s/ OV 93-29 i2 q °jO OGM 90-43 /s33 A„ PAR / PAR 9s2s "� 20 19 ;4S0yC1 ,01 ca.;. PN 54/ n.; 8 ' SITE DES RIPTION LOCATION: Located in the northeasterly quadrant of Valle ' Road and Forster Ranch Road, approximately 500± feet easterly of a portion of privately- owned Valle Road, in the City of San Juan ' Capistrano. LAND SHAPE; Effectively rectangular land configuration. DIMENSIONS: 99.78' x 154.65' x 98.42' x 145.56'. LAND AREA: 14,875± square feet. TOPOGRAPHY: Effectively level topography. DRAINAGE: Appears to be adequate. ' SOIL STABILITY: Appears to be adequate. SOIL CONTAMINANTS: None known, however, a soils study has not ' been provided for review. The subject prop- erty has been appraised as though free of soil contamination. ACCESS: The subject property is located 500± easterly of the privately owned and improved portion ' of Valle Road, and does not have direct access from a public or private right-of-way. Access to the subject site is apparently via an ' implied easement over the surrounding privately-owned property. It is assumed that the implied easement is for service and main- tenance purposes; in the event the water reservoir use is abandoned, it is further assumed that access to the site would be prohibited and the subject property would be "landlocked." RIGHT-OF-WAY WIDTH: Valle Road (private): 20±feet. STREET SURFACING: Asphalt paving. ' CURB AND GUTTER: None. ' R . P . E A U R A I N & ASSOCIATES APPRAISERS-ANALYSTS ' 1-2 ' SITE DESCRIPTION (Continued) SIDEWALK: None. STREET LIGHTS: None. ' PUBLIC UTILITIES: Electric power is available at the site; water, gas, and telephone service are physically available to the site, assuming the appropriate ' easements over adjacent privately-owned properties are obtained. ' SANITARY SEWER: None site. ENCROACHMENTS: None observed. ' EASEMENTS: A title report was not provided for review. It is assumed that there is an implied easement ' for access, for servicing and maintaining the reservoir, over the surrounding privately- owned property. Easements, if existing, are assumed to be located along the property boundaries. It is assumed there are no 'cross-lot' or "blanket' easements. ILLEGAL USES: None apparent. PRESENT USE: Water reservoir site. ZONING: The subject property is currently zoned PC, ' CDP81-2 (planned community district). The PC zone district development standards vary with each development project and are sub- ject to approval by the planning department. The size of the subject site, however, is suffi- cient for the development of a single family ' residence, assuming access to the site is obtained. Agricultural use would also be permitted. ' R . P . L A U R A I I He A S SC3CIATE S APPRAISERS-ANAws.S 1-3 1 ' IMPROVEMENTS COMMENT: The subject property is currently improved ' with a water reservoir of concrete construc- tion, corrugated metal roofing, containing 4,285 square feet, and 10 feet in depth. It will ' be demonstrated in the Valuation Section that the highest and best use of the subject prop- erty is demolition, clearing, and filling the existing reservoir site for joinder/assemblage with the surrounding property, or speculative investment. ' ASSESSMENT DATA ' ASSESSOR'S PARCEL NO.: 675-331-19, 20 ' ASSESSED VALUATIONS: Land: $ 5,592. Improvements: $ 00. TAX CODE AREA: 23007. TAX YEAR: 1998-99. ' REAL ESTATE TAXES: $00.* SPECIAL ASSESSMENTS: None known. ' * The subject property is currently vested with a quasi-public entity. Real estate taxes will be ' adjusted upward in the event the subject property is sold to a private party or private corporation. The adjusted real estate tax burden ' will be approximately 1.01% of the sale price, per Proposition 13. ' OWNERSHIP HISTORY ' COMMENT: The subject property, as indicated by the Orange County Assessor's records, has been vested with the current owner for more than ten years. The original purchase price, there- fore, is not considered relevant to the current market value. ' R P . L A U R A I N & ASSOCIATES APPRAISERS-ANALYSTS ' 1-4 ' NEIGHBORHOOD ENVIRONMENT LOCATION: The subject property has a rural residential ' location within the City of San Juan Capistrano. ' LAND USES: The development in the immediate area is primarily single family residential uses; the majority of the immediate area, however, is vacant agricultural and hillside land. The central commercial district is located north of the subject property at Ortega Highway and ' Camino Capistrano, two primary commercial thoroughfares. The San Diego (5) Freeway is located west of the subject property. Eques- trian facilities and bridle paths are located in various portions of the community. ' BUILT-UP: The suburban portions of the City of San Juan Capistrano are effectively 95% built-up, including public recreation, school, and ' municipal facilities. Rural hillside and resi- dential districts, however, are effectively 20±% built-up, consisting primarily of single family ' residences. OCCUPANCY: Residential: 80±% owners. 20±% tenants. Commercial: 50±% owners. ' 50±% tenants. PRICE RANGE: The value range within the greater community ' is quite varied due to the age and size of dwellings, as well as size of land parcels, topography, and view amenity. Generally, residential land values range from $5.00 to exceeding $30.00 per square foot of land area; single family residential properties range from $200,000 to exceeding several million dollars for large estate homes. ' TREND: Real estate values, in general, were declining in 1991 through 1995. The value trend, ' R _ P . L A U R A I N & ASSOCIATES APPRAISERS-ANALYSTS ' 1-5 1 ' NEIGHBORHOOD ENVIRONMENT (Continued) TREND: (Continued) however, has stabilized. The development ' trend was rather static until 1997 due primar- ily to the difficulty in obtaining construction financing. There has been an increase in ' market activity and price levels in recent years. There are new developments on- going at the present time. The present trend ' is expected to continue cautiously. AGE RANGE: The age range of residential dwellings in the ' City is quite varied. Generally, the age ranges from effectively new to exceeding 40 years. PRIDE OF OWNERSHIP: Overall pride of ownership in the general area, evidenced by an on-going maintenance program, is rated good. ' OTHER: The availability of public facilities, transporta- tion, and retail/office commercial facilities is ' rated average. The City of San Juan Capis- trano provides police and fire protection under contractual arrangements with the ' County of Orange. 1 See Valuation beginning on the following page. ' R . P . LA U R AIN & ASSOCIATES APPRAISERS ANAL STS ' 1-6 1 1 ' VALUATION 1 ' R P . L A U R A I N 8� ASSOCIATES APPRAISERS ANALYSTS 1 VALUATION ' The purpose of the subject valuation study is the estimation of market value of the subject property as of the date of value set forth herein. Prior to the appli- cation of the appraisal process, it is necessary to consider and analyze the ' highest and best use of the subject property. HIGHEST AND BEST USE ANALYSIS: Highest and best use is defined in The Dictionary of Real Estate Appraisal, by ' the American Institute of Real Estate Appraisers, 1984 Edition, Page 152, as: "1. The reasonable and probable use that supports the highest present value of vacant land or improved property, as defined, as of the date of appraisal. ' "2. The reasonably probable and legal use of land or sites as though vacant, found to be physically possible, appropriately supported, financially feasible, and that results in the highest ' present land value. "3. The most profitable use. ' "Implied in these definitions is that the determination of highest and best use takes into account the contribution of a specific use to the community and community development goals as well as the benefits of that use to individual property owners. Hence, in certain situations the highest and best use of land may be for ' parks, greenbelts, preservation, conservation, wildlife habitats, and the like." ' Further, highest and best use is defined in the Real Estate Terminology Book, sponsored by the American Institute of Real Estate Appraisers, and the Society of Real Estate Appraisers, 1975 Edition, Page 126, as: 'That reasonable and probable use that supports the highest present value, as defined, as of the effective date of the ' appraisal. Alternatively, that use, from among reasonably prob- able and legal alternative uses, found to be physically possible, appropriately supported, financially feasible, and which results in ' the highest land value. ' R . P . L A U 2 A I N 8c ASSOCIATES APPRAISERS.ANAL STS 2-1 ' VALUATION (Continued) HIGHEST AND BEST USE ANALYSIS: (Continued) ' 'The definition immediately above applies specifically to the highest and best use of land. It is to be recognized that in cases ' where a site has existing improvements on it, the highest and best use may very well be determined to be different from the existing use. The existing use will continue, however, unless and until land value in its highest and best use exceeds the total value of the property in its existing use. "Implied within these definitions is recognition of the contribution ' of that specific use to community environment or to community development goals in addition to wealth maximization of individ- ual property owners. Also implied is that the determinization of ' highest and best use results from the appraiser's judgment and analytical skill, i.e., that the use determined from analysis repre- sents an opinion, not a fact to be found. In the appraisal process, the concept of highest and best use represents the premise upon which value is based. In the context of most probable sell- ing price (market value) another appropriate term to reflect high- est and best use would be most probable use. In the context of investment value an alternative term would be most probable use." The four basic criteria utilized in the highest and best use analysis are as follows: ' • Physically possible Legally permissible Financially feasible • Maximally productive ' The foregoing are typically considered sequentially; for example, a specific use may prove to be maximally productive, however, if it is not legally permissible, the productivity is irrelevant. The subject property has an effectively rectangular land configuration and level topography. The site contains 14,875 square feet and is zoned PC (planned community). Access to the site is apparently via an implied ease- ment over the surrounding privately-owned property; it is assumed that access to the site is for maintenance and repair of the existing water reservoir ' and does not constitute continuous Ingress/egress. Further, it is assumed that in the event the water reservoir use is abandoned the site would be "landlocked." ' R . P _ L A U R A I N & ASSOCIATES PPPPPISE RS-4N<LYSTS ' 2-2 1 ' VALUATION (Continued) HIGHEST AND BEST USE ANALYSIS: (Continued) tElectrical power is available to the site; water, gas, telephone, and sanitary sewer are available in the immediate vicinity, however, it is assumed that an t easement over the surrounding privately-owned property would be required in order to serve the site with full utility service. ' As previously stated, the subject property is zoned PC (planned community). While said zone classification may permit the development of one residential dwelling unit, the lack of access is the prohibitive factor. The subject property, as a single entity, could not be developed by a private party as it is "landlocked." The subject property is not considered readily marketable and does not meet the requirements of a good investment, i.e. there is a very ' limited market of potential/speculative buyers. In view of the foregoing, the highest and best private use of the subject site, ' upon vacation of the existing water reservoir would be (1) speculative invest- ment for resale at a higher price at some future date, or (2) joinder with the surrounding agricultural/residential property. 1 Further, it should be noted that prior to the highest and best use of the subject property it will be necessary to demolish and clear the existing water reser- voir, and fill the excavation. ' VALUATION METHODS: There are three conventional methods (approaches) employed to estimate market value. They are the Sales Comparison Approach, Cost-Summation Approach, and Income Capitalization Approach. inasmuch as the subject property has been appraised as a vacant land parcel, the Sales Comparison ' Approach is the only approach considered applicable as a reliable indicator of land value (before discounting the value for the 'landlocked" condition). The reader is referred to the Addenda Section of this report for the definition of ' Market Value. ' SALES COMPARISON APPROACH: The Sales Comparison Approach takes into account properties which have sold in the open market. This approach, whether applied to vacant or improved property, is based on the Principle of Substitution which states, 'The ' R . P . L A U R A I N & ASSOCIATES APPRAISERS,ANALYSTS ' 2-3 LAND VALUE INDICATORS: Gross Net Level $/SF Gross Data Date Zoning Land Area Pad Area View Topography Sale Price $/SF Net 1 1-97 PC 65,863 sf 11,300± sf good sloping $ 87,500. $ 1.33 NE Quadrant Valle Rd. and Forster Ranch Rd., San Juan Capistrano $ 7.74 2 5-97 PC 89,472 sf 00 sf good steep slope $ 75,000. $ 0.84 NE Quadrant Valle Rd. and Forster Ranch Rd., San Juan Capistrano N/A 3 6-97 PC 61,245 sf 12,600± sf good sloping $ 85,000. $ 1.39 NE Quadrant Valle Rd. and Forster Ranch Rd., San Juan Capistrano $ 6.75 > a_ 9N' 4 4-98 RS 71,850± sf 71,850± sf none level $1,050,000. $14.61 � m 0 SWC Ortega Hwy. and Avenida Siega, San Juan Capistrano $14.61 = -c D" 5 6-98 ES 104,675 sf 52,338± sf none sloping $ 448,000. $ 4.28 m> NW'ly Cnr. Del Obispo St. and Calle Aspero, San Juan Capistrano $ 8.56 NZ 6 6-98 ES 37,500 sf 20,000± sf good sloping $ 250,000. $ 6.67 S'ly/S Via Ana at intersection of Via Alano, San Juan Capistrano $12.50 7 10-98 R1 54,000 sf 18,000± sf good sloping $ 360,000. $ 6.67 E'ly/S Emnencia Del Sur, 550±' N'ly of Portico Del Norte, San Clemente $20.00 8 4-99 R1 69,696 sf 16,000± sf good sloping $ 395,000. $ 5.67 E'ly/S Emnencia Del Norte, 490±' My of Portico Del Norte, San Clemente $24.69 9 5-99 OR 24,000 sf 24,000± sf none sloping $ 340,000. $14.17 NW'ly Cnr. Camino Las Ramblas and Avenida Pescador, San Juan Capistrano $14.17 1 VALUATION (Continued) SALES COMPARISON APPROACH: (Continued) maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute property, assuming no costly delay is encoun- tered in making the substitution." Thus, the Sales Comparison Approach attempts to equate the subject parcel with sale properties by analyzing and weighing the various elements of comparability. ' Land Value: The Sales Comparison Approach was utilized to estimate the value of the subject site, before applying a discount for the 'landlocked" condition, after an investigation and analysis was conducted of sales of otherwise reasonably ' comparable land parcels within the general subject market area. It should be noted that the comparable land parcels consist of residential sites with access via public and/or private streets. The land sales were reviewed and ' analyzed in order to obtain a "base unit rate" (rate per square foot), which rate was then discounted due to the lack of perfected access to the subject property. ' The reader is referred to the summary on the opposite page pertaining to the residential land sales considered helpful when estimating the "base" unit value of the subject land parcel. Each property has been reviewed and ana- lyzed by the undersigned in the process of completing the valuation analysis. t After viewing each of the sale properties, and obtaining certain information pertinent to land value, an analysis was conducted of each property regarding the various elements of comparability which, among others, include the ' following: General location. Net usable land area. ' Immediate environmental influences. Site frontage/depth ratio. Zoning. Topography. Vehicular and pedestrian access. Site privacy. ' Land size, configuration, and plottage. View. By way of review and comparison, the subject property has a rectangular land ' configuration and effectively level topography. The site contains a total land area of 14,875 square feet, and has a hilltop location. It is assumed that in the event the water reservoir use is vacated, the subject site will be "landlocked." ' The overall view from the subject property is rated good. ' R . P . L A U R A I N 6c ASSOCIATES PPPPPISEFS-PNPYSiS ' 2-4 ' VALUATION (Continued) SALES COMPARISON APPROACH: (Continued) ' Land Value: (Continued) ' In summary, all of the land value indicators were considered helpful in the analysis of the subject property. The view, topography, zoning, immediate environmental influences, and general location were considered the most ' important factors in the analysis of the subject property. It can be noted in the summary of land value indicators that the dollar per square foot of net level land area can vary greatly from the dollar per square foot of gross land area. ' The overall dollar per square foot of net land area has been utilized in the subject valuation analysis. ' As previously stated, the subject parcel is not considered having access in the event the water reservoir is vacated. A discount in price is reflected in the marketplace for properties offering limited utility and/or access as a single ' entity. The properties usually involve relatively small, irregular configured, and/or marginally desirable and marketable parcels, as in the subject case. Discount rates abstracted from the market generally range from 50% to 90% ' of the otherwise unencumbered fee simple market value. Based on the foregoing, and an analysis of the land value indicators (Data 1 ' through 9) contained in our office file, which analysis considered the date of sale and various elements of comparability, the value of the subject property, as if vacant, and assuming the site has legal and physical access, is estimated t at $18.00 per square foot of land area. The discount considered applicable to the subject parcel, due to the assumed lack of continued and unobstructed access in the event the water reservoir site is vacated, is estimated at 75% ' (reciprocal is 25%). The value of the subject land parcel, as if vacant, there- fore, is estimated as follows: ' 14,875 SF @ $18.00 x 0.25 = $66,938. Adjusted: $67,000. Demolition, Clearing, and Filling Costs: As stated, the subject site is currently improved with a water reservoir. Prior to the highest and best use of the site, as either (1) speculative investment, or (2) joinder with the surrounding property, the water reservoir improvements ' must be demolished and cleared from the site. Further, the reservoir must then be filled with soil and compacted. ' R . P . L A U R A I N Bz ASSOCIATES PPPggI5Eg5-gNq�V5T5 2-5 1 ' VALUATION (Continued) SALES COMPARISON APPROACH: (Continued) Demolition, Clearing, and Filling Costs: (Continued) The water reservoir contains 4,285 square feet, is of concrete construction, with corrugated metal roofing, and is 10 feet in depth. The demolition and clearing costs of the improvements, therefore, have been deducted from the land value of the subject site, as if vacant. Demolition and clearing costs have ' been estimated at $21,000. Additionally, the cost to fill and compact the reservoir excavation with suitable ' soil material is estimated at $7.50 per cubic yard. The reservoir contains 1,587 cubic yards (4,285 SF x 10 - 27). The cost of filling and compaction, ' therefore, has been adjusted to $12,000. FINAL ESTIMATE OF VALUE: ' Based on the foregoing, the unencumbered fee simple market value of the subject property, as of June 4, 1999, is summarized as follows: ' Land value, as if vacant: $67,000. ' Demolition and clearing costs: - 21,000. Fill and compaction costs: - 12,000. Final estimate of value: $34,000. 1 1 R . P . LAURA 1 N & ASSOCIATES APPRAISERS-RNAE STS 2-6 Q zN ..lL Z �¢ _ W c� ' See Photo No. 1 on the first page of Subject Property Section. v" 1 ' PHOTO NO. 2: View looking southerly at the water reservoir from the northwesterly corner of the subject property. ' R . P . L A U R A I N & ASSOCIATES APPRAISERS-ANALYSTS 3-1 ■ CERTIFICATION ■ The undersigned do hereby certify, except as otherwise noted in this appraisal report, that: ■ We have personally inspected the subject property; we have no present or contemplated future interest in the real estate which is the subject of this appraisal report. Also, we have no personal ■ interest or bias with respect to the subject matter of this appraisal report, or the parties involved. ■ The amount of the fee is not contingent upon reporting a pre- determined value or upon the amount of the value estimate. Also, to the best of our knowledge and belief the statements of ■ fact contained in this appraisal report, upon which the analyses, opinions, and conclusions expressed herein are based, are true and correct. ■ This appraisal report sets forth all of the special and limiting conditions (imposed by the terms of this assignment or by the 0 undersigned), affecting the analyses, opinions, and conclusions contained herein. ■ The analyses, opinions, and conclusions, were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. As of the date of ■ this report, Ronald P. Laurain has completed the requirements of the Continuing Education Program of the Appraisal Institute, the American Society of Appraisers, and the State of California. ■ That no one other than the undersigned prepared the analyses, conclusions, and opinions that are set forth in this appraisal report concerning the real estate. No one provided significant professional assistance to the persons signing this report. ■ I Jo . Laurain nior Appraiser onaid P. Laura' RPA Ce led General Real Estate Appraiser Certified General Real Estate Appraiser Cali ornia Certification No. AG 025754 California Certification No. AG 007689 Renewal Date April 16, 2001 Renewal Date November 5, 2000 Date: June 8, 1999 ■ R . P . L A U R A I N & ASSOCIATES APPRAISERS ANALYSTS 3-2 1 1 ASSUMPTIONS AND LIMITING CONDITIONS (Continued) restrictions and regulations, which would increase or decrease the value of the subject property, the appraisers reserve the right to amend the final estimate of value. 11. That the appraisers, by reason of this appraisal, are not required to give testimony in court or at any governmental or quasi-governmental hearing with reference to the property ' appraised, unless contractual arrangements have been previously made therefor. 12. That drawings, plats, maps, and other exhibits contained in this report are for illustration purposes only and are not necessarily prepared to standard engineering or architectural scale. 13. That this report is effective only when considered in its entire form, as delivered to the client. No portion of this report will be considered binding if taken out of context. 14. That possession of this report, or a copy thereof, does not carry with it the right of publication, nor shall the contents of this report be copied or conveyed to the public through advertising, public relations, sales, news, or other media, without the written consent and approval of the appraisers, particularly with regard to the valuation of the property appraised and the identity of the appraisers, or the firm with which they are connected, or any reference to the Appraisal Institute, or the American Society of Appraisers, or designations conferred by said organizations. 15. That the form, format, and phraseology utilized in this report, except the Certification, and Terms and Definitions, shall not be provided to, copied, or used by, any other real estate ' appraiser, real estate economist, real estate broker, real estate salesperson, property manager, valuation consultant, investment counselor, or others, without the written consent and approval of Ronald P. Laurain. 16. That this appraisal study is considered completely confidential and will not be disclosed or discussed, in whole or in part, with anyone other than the client, or persons designated by the client. ' R . P . L A U R A I N ec A SSO CIATE S nvavaisews-nIAIsTs 3-5 1 DEFINITION OF MARKET VALUE ' Market value is sometimes referred to as Fair Market Value; the latter is a legal term, and a common synonym of Market Value. Market value is defined in the California Code of Civil Procedure, S1263.320, as: ' "(A) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, ' each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. ' "(B) The fair market value of property taken for which there is no relevant market is its value on the date of valuation as ' determined by any method of valuation that is just and equitable." Market Value as set forth in Title XI of the Financial Institutions Reform, ' Recovery and Enforcement Act of 1989 (FIRREA) is defined as follows: 'The most probable price which a property should bring in a ' competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: ' 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open ' market; 4. Payment is made in terms of cash in U.S. dollars or in terms ' of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or ' sales concessions granted by anyone associated with the sale." R _ P L A U R A I N 8c ASSOCIATES PPPPPISEP$-PNwLV5T5 ' 3-7 1 1 1 1 1 1 1 1 1 ' OUALIFICATIONS OF ' APPRAISERS 1 1 1 1 ' K . 1' I. A U RA 1 N Ab Qlc IATES 1 ' BACKGROUND AND QUALIFICATIONS ' John P. Laurain California Certification No. AG 025754 ASSOCIATE APPRAISER: The firm of: R. P. Laurain &Associates, Inc. ' Long Beach, California ' APPRAISAL BACKGROUND: Real estate research and analysis services performed on ' projects for the following public agencies and private corpora- tions while associated with R. P. Laurain & Associates, Inc., since 1986: Cities: City of Bellflower City of Long Beach City of Carson City of Norwalk ' City of Compton City of Paramount City of Cudahy City of Pasadena ' City of Huntington Beach City of Signal Hill City of Huntington Park City of Whittier ' Redevelopment Agencies: Bell Community Redevelopment Agency Glendale Redevelopment Agency Huntington Beach Redevelopment Agency ' Huntington Park Redevelopment Agency Long Beach Redevelopment Agency Los Angeles Community Redevelopment Agency Paramount Redevelopment Agency Signal Hill Redevelopment Agency ' Other Public Agencies: Long Beach Unified School District Los Angeles County Internal Services Department Los Angeles County Transportation Commission Los Angeles Unified School District State of California, ' Santa Monica Mountains Conservancy U. S. Department of the Navy U. S. Postal Service ' R . P . L A U R A I N Br ASSOCIATES PPPRPISERS-PNPLVSTS 1 1 1 ' BACKGROUND AND QUALIFICATIONS (Continued) APPRAISAL BACKGROUND: (Continued) ' Other: Various attorneys, corporations, lending institutions, and pri- vate individuals. Gold Coast Appraisals, Inc. Associate appraiser, as independent contractor, during por- tions of 1991 and 1992, specializing in single family residen- tial through four-unit residential appraisals for lending purposes. Real estate appraisal services performed on pro- jects for the following lending institutions: Bank of San Bernardino Home Time Finance ' Citibank Pacific First Bank First Federal Bank PHH-US Mortgage Highland Federal Bank Union Federal Bank ' ACADEMIC BACKGROUND: ' Walden High School, Anaheim, California College preparation curriculum; represented school in ' annual scholastic competition. Los Alamitos/Laurel High Schools ' Graduate June, 1985 Advanced courses in pre-calculus, and writing/english composition. ' Cypress Community College Basic curriculum, plus residential appraisal. ' Clark County Community College Basic courses including computer programming. 1 R . P . L A U R A I N & ASSOCIATES APPRAISERS ANALYSTS ' 2 1 1 ' PROFESSIONAL QUALIFICATIONS AND CLIENT REFERENCES ' OF Ronald P. Laurain California Certification No.AG 007689 ' FIRM AFFILIATION: ' R. P. Laurain &Associates, Inc. 3353 Linden Avenue, Suite 200 ' Long Beach, California 90807-4503 (562) 426-0477 ' Ronald P. Laurain, President John P. Laurain, Senior Appraiser Scott A. Lidgard, Consulting Appraiser Vaughn A. Hosmann, Consulting Appraiser PROFESSIONAL ORGANIZATION AFFILIATIONS: Appraisal Institute Senior member; hold professional endorsement and desig- nation "SRPA" (senior real property appraiser), and "SRA" (senior residential appraiser). Past President, Chapter No. 94, Long Beach, California (1969). ' Director (1971-74). Delegate to California Appraisers Council (1973-80). Served as chairman or member of various committees including Education Committee, Legislation & Research Committee, Professional Practices (Ethics) Committee, Senior Designation Committee, and Examination Committee. District Vice Governor (1979-81). American Society of Appraisers ' Senior member; hold professional endorsement and desig- nation "ASA" in urban real estate. Past President of Los Angeles Chapter (197475). ' Ethics Counselor (1975-76). Served as chairman or member of various committees including Membership Committee, Education Committee, ' Examiners Committee, and International Convention Education Committee. R . P . LAURA 1 N & A S S O C I A T E S APPRAISERS ANALYSTS ' 1 1 PROFESSIONAL QUALIFICATIONS/REFERENCES (Continued) PROFESSIONAL ORGANIZATION AFFILIATIONS: (Continued) ' International Right of Way Association Senior member; hold professional endorsement and designa- tion "SRWA." ' Member of Professional Development Committee, Los Angeles Chapter Certified General Real Estate Appraiser by the Office of Real Estate Appraisers, State of California. Certification No. AG 007689. ' American Arbitration Association Member of National Panel of Arbitrators (1968- present). ' California Appraisers' Council President (1979). ' EXPERT WITNESS: ' Qualified as an expert on Real Property Valuation in the following courts: Los Angeles County Superior Courts. ' Orange County Superior Courts. Federal Bankruptcy Court. ' APPRAISAL SERVICES FOR: ' Appraisal services rendered for: Cities: ' City of Arcadia City of El Segundo City of Bell City of Gardena City of Bellflower City of Garden Grove ' City of Buena Park City of Hawaiian Gardens City of Carson City of Huntington Beach City of Cerritos City of Huntington Park ' City of Claremont City of Industry City of Colton City of Inglewood City of Commerce City of Irwindale ' City of Compton City of Lakewood City of Cudahy City of La Mirada City of EI Monte City of La Puente ' R . P . LAURA 1 N & ASSOCIATES APPRAISERS-ANALYSTS 2 1 ' PROFESSIONAL QUALIFICATIONS/REFERENCES (Continued) APPRAISAL SERVICES FOR: (Continued) ' Cities: (Continued) City of Lomita City of Rolling Hills Estates City of Long Beach City of San Jacinto ' City of Los Angeles City of San Juan Capistrano City of Lynwood City of Santa Ana City of Monterey Park City of Santa Fe Springs ' City of Norwalk City of Santa Monica City of Ontario City of Signal Hill City of Paramount City of South EI Monte City of Pasadena City of West Hollywood City of Redondo Beach City of Whittier City of Riverside Redevelopment Agencies: Anaheim Redevelopment Agency ' Bell Redevelopment Agency Buena Park Redevelopment Agency Carson Redevelopment Agency ' Compton Community Redevelopment Agency Corona Redevelopment Agency EI Cajon Redevelopment Agency ' Hawaiian Gardens Redevelopment Agency Huntington Beach Redevelopment Agency Huntington Park Redevelopment Agency ' Inglewood Redevelopment Agency La Mirada Redevelopment Agency Long Beach Redevelopment Agency ' Los Angeles Community Redevelopment Agency Los Angeles County Redevelopment Agency Maywood Redevelopment Agency ' Monterey Park Redevelopment Agency Paramount Redevelopment Agency Pasadena Redevelopment Agency ' Santa Fe Springs Redevelopment Agency Signal Hill Redevelopment Agency Whittier Redevelopment Agency Other Public Agencies: Bassett Unified School District ' Caltrans Central Basin Municipal Water District Compton Unified School District ' R . P . L A U R A I N & ASSOCIATES R,.SEPs-FN ,L , ' 3 1 ' PROFESSIONAL QUALIFICATIONS/REFERENCES (Continued) APPRAISAL SERVICES FOR: (Continued) ' Other Public Agencies: (Continued) Cucamonga County Water District Federal Aviation Administration (FAA) ' Federal Housing Administration (FHA) Long Beach Transit Company Long Beach Unified School District Long Beach Water Department Los Angeles County Department of Beaches and Harbors Los Angeles County Facilities Management Department ' Los Angeles County Internal Services Department Los Angeles County Metropolitan Transportation Authority Los Angeles Unified School District Metropolitan Water District of Southern California Pasadena Unified School District ' Port of Long Beach Port of Los Angeles Resolution Trust Corporation (RTC) ' Southeast Recreation and Park District Southern California Rapid Transit District State of California, Santa Monica Mountains Conservancy ' Trust for Public Land, national land conservation organization U. S. Department of Housing and Urban Development (HUD) U. S. Department of Interior, National Park Service ' U. S. Department of the Navy Partial Corporate List: ' Abrasive Finishing Co. Douglas Equipment Co. Allstate Insurance Co. Family Health Program American Savings Farmers & Merchants Bank ' American Title Company Federal Home Loan Mortgage Aminoii U.S.A., Inc. Corporation Bank of America Federal Mogul Corporation ' Boise Cascade Ferro Corporation Buffums Goodwill Industries Capital Westward Inc. Great Western Bank ' Cascade Pump Company Harbor Bank Chevron USA Harriman Jones Medical Clinic CNA Insurance Hartford Insurance Group ' Coast Federal Bank International Industrial Commercial Grinding Co. Properties Coopers & Lybrand International Rectifier ' R . P . L A U R A I N & ASSOCIATES gPPRRISERS-PNPIYSTS ' 4 1 ' PROFESSIONAL QUALIFICATIONS/REFERENCES (Continued) APPRAISAL SERVICES FOR: (Continued) ' Partial Corporate List: (Continued) Kaiser Foundation Pan Pacific Nederland Lloyds Bank Queen City Bank Long Beach Community Republic Metal Hospital Rosecrans Medical Group Long Beach Memorial Sabin Robbins Paper Co. ' Hospital South Bay Leasing Corp. Long Beach Bank Southwest Diversified, Inc. Manhattan Properties, Inc. Suburban Coastal Corp. ' Marriott Corporation Sumitomo Bank Northern Trust Bank Texaco USA Northrop Corporation University Advisory Co. Obispo Medical Clinic Univ. of Southern California Orange Coast Title Co. Wells Fargo Bank Pacific Business Bank World Towers, Ltd. ' Pacific Valve, Inc. Zurn Industries Attorneys: Atkinson &Atkinson Nossaman, Guthner, Thomas G. Baggot Knox & Elliott Ball, Hart, Hunt, Brown, Oliver, Barr&Vose ' and Baerwitz O'Melveny & Myers Christensen, White, Miller Pray, Price, Williams Fink &Jacobs & Russell ' Mark Curtis James C. Powers Josephine A. Fitzpatrick Glenn L. Rabenn Garner & Kreinces Norman Rasmussen Patrick A. Hennessey Richards, Watson & Kirtland & Packard Gershon ' Lawrence H. Lackman Marc S. Rothenberg Laskin & Graham Jack D. Scott Jeffrey Lyon Robert F. Waldron Martin & Stamp Williams &Williams M. D. Miguelez David E. Wulfsberg Linda Moon George S. Zugsmith 1 ' R . P . L A U R A I N & ASSOCIATES APPRAISERS-ANALYSTS 5 PROFESSIONAL QUALIFICATIONS/REFERENCES (Continued) ACADEMIC BACKGROUND: ' Graduate of secondary schools in Wayne County (Detroit area), Michigan. ' Advanced studies at Henry Ford College, and the University of Michigan Extension. Completed additional studies at Compton College, and the University of California at Los Angeles Extension. Received Certificate in Real Estate from U.C.L.A. ' Successfully completed classes in Real Estate including: Real Estate Appraisal I, Advanced Real Estate Appraisal, ' Condemnation Appraising and Eminent Domain, Principles of Income Property Appraising, Legal Aspects of Real Estate, Real Estate Law, Real Estate Finance, Real Estate Manage- ment, Real Estate Practice, and Real Estate Research, plus various courses and seminars sponsored by the national appraisal organizations. INSTRUCTOR: ' California State University, Long Beach Real Estate Appraisal ' Guest speaker and lecturer on subject of real estate appraisal at various universities, colleges, professional appraisal organi- zations, etc., including: UCLA, California State University, ' Long Beach; Long Beach Community College; Cerritos Community College; Appraisal Institute; American Society of Appraisers; and, International Right of Way Association. ADVISOR: Member of Assessment Practices Advisory Council (1978-83) Los Angeles County Assessor ' Real Estate Examination Revision Study Committee Department of Real Estate, State of California 1 ' R . P . LAURA 1 N & ASSOCIATES APPRAISERS-NNPEVSTS 1 6 1 1 PROFESSIONAL QUALIFICATIONS/REFERENCES (Continued) BUSINESS AFFILIATIONS: 1 Roy C. Laurain, Realtor and Appraiser, Detroit area, Michigan Staff Assistant- 2 years ' T. H. Scanlon Appraisal Company, Detroit area, Michigan Staff Appraiser- 2 years 1 Security Bank (12 branches), Detroit area, Michigan Chief Appraiser- 1 year ' Locke Land Services, Long Beach, California Senior Appraiser, and Vice President- 7 years R. P. Laurain &Associates, Inc., Long Beach, California ' Appraisers-Analysts, established January, 1969. 1 1 1 1 ' R . P . LAURA 1 N ec ASSOCIATES AllRPISER A-F IV IS 7 VESTING �Ylall +a COP L - 1 Recorded JIYIIn the county Of Orange, California carl_Q�I�-�(On-�'l ) `�1`.1� I RAIYIWI ISI Granville,( Clark/Recorder etc 7 19960342167�N11r,666am 07/05/96 _ 065 29003962 29 04 C ��-{ (]?(LG�'7� R03 19 7.00 54.00 0.00 0.00 0.00 0.00 Project: Capistrano valley water District Project No. : G.A. 904 Parcel No. : 1 thru 13 Location: City of San Juan Capistrano QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, the IT COUNTY OF ORANGE IqP hereinafter referred to as "COUNTY" ,0tj does hereby remise, release and forever Quitclaim to the [4r CAPISTRANO VALLEY WATER DISTRICT hereinafter referred to as "DISTRICT" all right, title and interest in and to the real property in the City of San Juan Capistrano, County of Orange, State of California, described as: See EXHIBIT "A" attached hereto and by this reference made a part hereof. COUNTY makes no warranty, express or implied, as to the quality of title conveyed hereby. DISTRICT, by acceptance of this deed, agrees that this conveyance is subject to all licenses, leases, liens, easements, restrictions, conditions, covenants, encumbrances and claims of title which may effect said property whether recorded or not. NGUYENK-5101015530363 -1- 1 1 Order: TO-00000000042 Description: 1996.342167 Page 1 of 19 Comment: �ry { COUNT O ORANGE ^ Dated: S-Z�� 6 By: Chair f the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. &W�' gi� a Kathleen E. Goodno Acting Clerk of the Board of Supervisors of Orange County, California State of California ) as. County of Orange ) / f� On m o�,194G before me, �( oi.tize S'A'.fi r- a Notary Public, personal y appeared Kathleen E. Goodno personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the entity, upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. LOUISE SCHULZ Signature of the Not COMM.91077520 � Notary Public.California C ORANGE COUNTY Aly Comm.Exp,Nov,12,1952 NGUYENX-510101553D363 -2- 1 '1 Order: TD-00000000042 Description: 1996.342167 Page 2 of 19 Comment: Project: Capistrano valley Water Dist. Facility: McCracken Reservoir Project No. : G.A. 904-30 Parcel No. ; .P. No. : 675-331-20 Location: 33570 Valle Road San Juan Capistrano LEGAL DESCRIPTION That portion of Section 13, T. 8 S. , R. 8 W. , in the Rancho Boca De La Playa as shown on a map recorded June 29, 1887, in book 4, pages 118 and 119 of Patents, Records of Los Angeles County, California, described as follows: Beginning at the most easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30, 1947 in book 1603, page 298 of Official Records in the office of the County Recorder of said Orange County; thence S.49°59120"W. , 100.00 feet; thence N.67030120"W. , 340.26 feet; thence N.7041'20"E. , 9.92 feet; thence S.74414'40"E. , 78.48 feet; thence N.15045'20"B. , 30.00 feet to the True Point of Beginning; thence N.15°45120"E- , 94 .65 feet; thence N.74°14'40"W., 39.65 feet; thence S-15°45120"W. , 94.65 feet; thence S.74014'40"E, to The Point of Beginning. �r CQ- EXHIBIT "A" NGUYENK-5101015530363 -16- 1. Order: TD-00000000042 Description: 1996.342167 Page 16 of 19 Comment: Project: Capistrano Valley Water Dist. Facility: McCracken Reservoir Project No. : G.A. 904-31 o. : 13 IA P. No. : 675-331- - Location: 33570 Valle Road San Juan Capistrano LEGAL DESCRIPTION That portion of Section 13, T. 8 S. , R. 8 W. , in the Rancho Boca De La Playa as shown on a map recorded June 29, 1887, in book 4, pages 118 and 119 of Patents, Records of Los Angeles County, California, described as follows: Beginning at the most easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947, in book 1603, page 298 of Official Records in the office of the County Recorder of said Orange County; thence S.49°59'20"W. , 100.00 feet; thence x.67030120"W. , 340.26 feet; thence N.7041'20"E. , 9.92 feet; thence S.74014'40"E., 10.11 feet to the True Point of Beginning; thence continuing S.74014140"E., 98.37 feet; thence N.15°45120"E. , 154.65 feet; thence N.74014040 W., 99.65 feet; thence S.15°45'20"W. , 145.62 feet; thence S.7041'20"W., 9.12 feet to the True Point of Beginning. Excepting therefrom the following described land: - Beginning at the most easterly corner of Parcel 1 of the land described in the deed to Wendell K. McCracken and others, recorded December 30th, 1947, in book 1603, page 298 of official Records, in the office of the County recorder of said Orange County; thence S.49059'20"W. , 100.00 feet; thence N.67"30'20"W. , 340.26 feet; thence N.7°41'20"E. , 9.92 feet; thence S.74014'40"E. , 78.48 feet; thence N.15-451201-E. , 30.00 feet to the True Point of Beginning; thence' N.15°45'20"E. , 94.65 feet; thence N.74°14'40"W. , 39,65 feet; thence S. 15°45'20"W. , 94 .65 feet and thence S.74°14'40"E. , to The Point of Beginning. �a[G� EXHIBIT "A" NGUYFNK-5101015530363 -17- - s 1 Order. TD-00000000042 Description: 1996.342167 Page 17 of 19 Comment: '-' �rrfr4C7oil BOARD OF SUPERVISORS ORANGE COUNTY,CALIFORNIA MINUTES z MAY 14, 1996 QUITCLAIM TO CAPISTRANO VALLEY WATER DISTRICT(CV WD)FOR PROPERTIES OF FORMER WATERWORKS DISTRICT NO. 4: Environmental Management Agency requests approval of a quitclaim deed to Capistrano Valley Water District conveying 13 parcels owned by the County for the purposes of former Orange County Waterworks District No. 4. MOTION: On motion by Supervisor Bergeson, seconded by Supervisor Saltarelli, the Board moved to: 1. Find that the proposed quitclaim is exempt from California Environmental Quality Act(CEQA) pursuant to Public Resources Code Section 21080(c)(1) and CEQA Guidelines Section 15061 (b)(3)by virtue.of the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. 2. Authorize execution of the quitclaim deed to Capistrano Valley Water District. MOTION UNANIMOUSLY CARRIED. (Re Agenda Item 22) RECEIVED IJAY 30 10 EMA ' � Order., TD-00000000042 Description: 1996.342167 Page 18 of 19 Comment: O law Caostranno Talley Water `District July 3, 1996 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE i, Georg'Ann Scott, Clerk of the Board of Directors of Capistrano Valley Water District, do hereby certify that the attached instrument was duly approved and accepted by a unanimous vote at a Regular Meeting of the Board of Directors of Capistrano Valley Water District held on the second day of July, 1996. eorg` n Scott, Clerk of the Board RECOADAT.00C ' P.O. Box 967, San Juan Capistrano, California 92693 Phone 714-493-1515 32450 Paseo Adelanto • San Juan Capistrano, California 92675 FAX 714-4933955 �. Order: TD-00000000042 Description: 1996.342167 Page 19 of 19 Comment: ^ r ON d and official seal. i -Notary Public •hi in sand.for aa1 0 � 54972 Recorded at Request,or- Grantee at 9 A N.;Dec 36, 1947"in,'Book 1603 Page 296' Of-Icial Records of Orange CountyN;California �Feea`3"30/19 Ruby.McFarland,' County"'Recorder.- ".*ceeie Hu hleon COMM Bernice Hutz At ; 511960 � . fir 1 FULL RECONVEYANCE - - WHEREAS BANK OF AME11CA 21ATIONAL TRUST"A ND SAVINGS"ASSOCIATION a�.q�yatone banking nssoclatlon organized and axis tinf�.,under the lave of the United States of Aprerica as Trustees under Deed of,iraat dated:June 3 ,1947 made by.CARNINE L.;.VIC0..OY and C A'A.. VICEROY,huaban ani wire Trustor, and recorded Tune 6;1947 Sn Book 1439 Page 467-of ficial Records in shat " Ioffice of the+Recorder of Crange County, California, has received f Beneficiary thereuuter � a written request to reconvey reciting that all soma secured by,s§1d Deed of Trust have been 1 " fully.paid and;that sold Dee6 of*TrrLetend the note or notes eed('ired,thereby have been sur- v 1 3 < rendered to said Trustee for 'cancellatioon, NOW TH&NEF02n in'aocordance+withesald".request,$ the provisions of° eald Deed or 1 f Trust, Bank of'imerlea National Traet-anl vavinge'Asso - Cion, "as,Truetea, does-hereby recon- ve7j. without xerranty, to THE PEq$QN'011'ERSONS eE ENTITLED THERETO the estate now held - rt by 1 thereunder -E �' IN WITRE53 WHEREOF Bank or Amerlca ,tonal Trust;end Savings Association, its Trustee', hes thie�29th day of December ,194�,�;ciused-ltd name to beheretoaffixed by its_,Vica-� President or Trust Officer and Sts Aseiat Truat Officer ahereunto`.duly authorized f 1 rl Al3'9ICA NATIONAL TRUST AND '+ "j9AVIN"3 AS 0^IATION; asTrustee.1 t By A .Yarren "VSce Prealdent - 1 1 qF ,• "' y,� > .` By L W. McKee Trust Of icer ( r�' S^.ATE C: CALIFORNIA ) y? t s :a County of Orange On thls'29th day:.of December,. 1947, her ore me 'the und6rslgnied,x. i a Notary.Pub lip. In and for said Orange County personally appea ., to C. A. Warren; known an tobe the:Vice Prealdent, and L W ycKee, known to ma to be.the Trust Ofticer of"the kof America 27at1onal Tniet and Savings Association the ra tional:bank ,1 ing association tha xecuted 644'fRregoing instrument as trustee and known to,me to be.the ' ; > perconn.who exequ the am on behalt.K of the,?national banking'asB be rat ion there In Aa the nese3y any e@ �" ')h'+e. tlg , scYnowledged to that eucp:net banking eesoafatlon executed the- eame,as trustee 3 s r aa1-401 - y hnd end otflalteeal 'Y )) � as e • ,' w A Aeaein Notary Publlc� k s �x sli r' + in and for said Orange County and State. + hT 54960 ;Naso;dad at`Aequest b Grantee ai 42 min • past 2 P.NIJ Dec 301947 in Book 160' ge 299 Of ficial 9ecorde oflOrange County CalitornlaiFees 190/5 Ruby. 7Nce'srlard,Court3y � .:. + d;", 000 _ to 3b�i9�17 ��ix 54673 1 GRA]T.DEED ', -.. "•' ®� r In consideration of Ten Pollare receipt of r.h lcna hereby, acknowledged, HARCC F. I ` - F-%RITES and ELIZABRT4'J. FORSTE3,.'h`u`sLq band andwife,"do hereby"Grant to 1fE!:JELL K. :!eCR:10YE\, % ,2' married can, an un!lvided one-sixth',(1/6th) "Interest as :.1s separate property, end HELEN V. t YcCRACvFN, his wire, an undivided one-sixth (1/6th) Interest as her separate,property; J:.XSS E. FA3VE'f, a married cans "an undivided"one-ai::th (1/6th) interest as his separate ,,roper.y, ar.d. LORETTA'9OSS HARVr,(, his wife, an'Undivided onp-e1xth-(1/6th) interest as her separate property, r and.GEORGE,a JONES, a carried man an""undl tided one-slxth (1/6th) Interest as, his se �parate o EEEaaa - -i - ._ - .. i 1. Felty;'and FRANCES Y JONES; hi wife an undivided one-e lx th (1/6th)' Sntere it as her separate -; props rty slj, that real property In the County. o1 .Orange, state of Californla,"described as.. i lYy 5, Parcel lc"Cocmeneing at the•interan Llan or the Northeasterly line of "that_artain Parcel 6i land:�deecr:bed as Parcel 9,Sn•Deed'"recorded October 6, 1930� in Book 42& atpage 75 1 Q of Officlal-Records, records of Orange Ccunty„Callfornln, •dth. tho center- line o: the Calif- z.'cjJtx " ornia State Highway (160.W feet 41de) as described in o qultclsl: deed recorded December 29, � Ij4a Sr. Sock 1297 at pa Fe 462 of Official Records, records of said County; thence ,) 1 4 along the center Sine of said h1t ay 341.93 fee thence leavin, culd h1 way , 1 FA y4 (l �x ,¢Jh�g,�1'�S st -O 44 East 412 01 fest to the cost vcutl rly co n of t c txrct of 10 75 ace s eo 'R,�x.A}ly`s"^A: -''eby Karco F. Fore er and wife to Jaren t R rown C Deed dated.October, 21 1?47 an F��Y'ty,'T17``-. t i 'i' 1 Aht^,r '� 't ; , r r :r+ 300 � OR t7 e..:, -r_>:au _ , «s=ss�'=.-sx -- .•._:: _;E--.. ._ :rte 's ae: v n v WENDELL E YCCRACEE4 and HELE7 V McCRAC%EM 'husband and wife, hereby agre4_Lhat thei . undivided one-alxtn interact conveyed to WENDELL E. Y.cCRAC%EN by the foregoing Deed Se the separate property of WENDELL K. MCCRAC%B4 and that the undivided one-sixth Interest conveyed - to BELES V. MCCRAC%EN Is the separate p property of RELEI7 V. NcCRACRE.Y: Dated this 17th day of December s1947. " Wendell X. McCracken -' Helen V. McCracken JAJ.ES E. HARVEY and LORETTA ROSS;HARVEY,husband end wife,-hereby agree that the ®,.c un.livided one-sixth interest conveyed to JAMES E. .HARVEY by the foregoing Deed Is the separate property of JAMES,E. HA97EY, and that the, undivided one-elxth,_lnterest conveyed to IARETTA , ROSS HARVEY .Sithe separate property,of:LOAS'TTA ROSS HARVEY:'- - Dated this 17tb day of December;,!_1947 < E - James E. Harvey Loretta.Roes Harvey _ -: GEORGE E. JONES and FRANCES A JONES husband and wife, hereby agreethat the'on- divided one-sixth Interest conveyed to GEORGE E.-JONES by;theforegoing Deed is the separate property of GEORGE.E. JONES, and that-.the undivided one-elxth-Interest conveyed to FRANCES P. ! JONES Is the separate property of nwzR 8 ?r-JONES Dsted. thla 17th day of Decemper 1447 ..-George 3ones :Frances P: Jones 1 u S:i.R.3' t26.4o y :• - '.Caneslla. 5 4878`'Recorded at Request-:of Grantee at 9_A.MI. De "30, 1947. Sn'Book'1603 Page 298 Of:'1cia1 Records of Orange County, California Fees 3.90/19. Ruby eFerland „ounty Recorder. Jesele HytebI son,A COMPARED Bernice !Inti OWN 'fif. -- a (Corporatlan) r - } LOS ANGEL c UNI'fERSI 1 Or APPLIED IDUCATIOY a enrporatlon -.organized un a e: laws ,- -� of tFeStat of CffiStornie; -ani hs+ing-lteJprirclpal place.of buelneaer s* Los An a es Calif ` orale,. In said State hereby grants Lo, b'f["�FHER4r CAL PORNIA IDISOi OHPA4Y,tiaf ,apo ration its 3,_s eucceesora and aeeigns, the`blohbi'to>"o+�ryC� nee a.stein alter `adi repair replso and/op'remove,x n,, on and-over the sly property here natter uescribed a1 ua ted in the Countvi of.Orange State::of'California an elec is line; consisting of po,i ' necessary Guys anchors, crass acme :wires and otherfiztur s and apolierces forj"onveylne electric energy to he used for-llght;,heat, power;. telephone and/or other ouroees - ? asid. real property is described an follows:, That nori Aon of Section 16J,Tdv3ehipl Southey-penge l0_W,,,t,e San Bernardino Bane ands Meridien, which,wee conveyed to the.Grantonhereinrby Qeed:reco ded May 8 1947 in Book 1521 + �y } of Off-cial Recoide,+ page`254 recordsfof nlBald:Orar�g ^ounty. 2 ` All poles shall be er eted'and ealnta 'fid wlthln'one foot of the7 following described: line: Beginning at-a-point in the;South' ly Sine of Bald nrooerty of.jhe Grantor, Ahich point to 72 feet Easterly, measured-ther from the 'westerly line thereof; thence ;ortht-rly, parallel to said Westerly line 840 fe Alec, beginningata point,:,n Bald Westerly line, which point Is 102 feet.northerly, r measured thereon frog sal- South e�3l; line„thence Easterly, parallel to cold Southerly llns to a point, which point Is 17.? teevl&uthweeterly, measired at right angles fro, the Northeaster- ly line of cold property o[ th- Grantor, said Northeasterly line being.also the Northeasterly line o: the Poe Lec iris ° allwsy's' 100 foot righto way *sough said property of the Grantor Also beginni ¢t a point in said Westerly lineii which Point- Is 326 feet Horthe ly '.I measured thereon,_fron,. aid:Southerly line thence Eaaterl„ arsllel.'to said'Southerly lice to } ,. �i c point which po1114 172 Cee- Southwesterly, ¢ea,u.ed at 'right angles fror. the Northeas eily. y Ilse Of said pa sty of t`,e Granter.' - Z Also, ..eGSnnlne at a point lr said Wcsta:•1v 'Lr 1 ys eYrrF Svsr sX 4ter:ts.3psra7-cis'S's:..LL�`Ii91.13= r � rrvn:::rcu ter n f o said ^c.rt1 eC1Y.ykaw dk��h`.rE-' otar.y Fa eller to a11g So-tl1t line to S t ` .oint h_pb tat 1 a S33o'+i`thresterly measuredof rl an l Cr tn, . sec ly leo txglrnln; nt a poi nt cin nail Westerly llne,:which Quint Sn 7rQ..Seo Nn hui lY ! t 7 ( s�a,'t ` ;9 c ns-:red Ch rrc$1.frcr eaid'.South r1y Iliac hence aa. ,rl v,'. pa all el'�to a91d Seat..cr ly line o , ii Bald most Southerly cornerof tract being the true point of beginning of property ter in described; thence from said true point of beginning Nortt. 47° 34' 20' East 119.84 feet; thence j South 76° 241 40' East 1167.65 root; thence South 25° 51` 40' East 222.39 feet; thence South 5° OjI 40' East 597.47 feet;' ttence South.49°:59' 20' West 706.11 feet; thence Borth 59° 191 ' X20' vast 1185.80 feet; tY.enee 1 .North.21? 29!�20* coat 634,52 feet; thence ltorth.10•,-26' 40' _- `West 251,43 feet to the said true point Of teginning, containing 36.1362—mares, more or less. - Parcel 2. The right to uae In common with the Grantors and their successors 1n Inter at, the 30 toot road now laid out and in uee;,-which road begins at the California State High- way7101 neer the Son thrat corner.of seta tract.of 10.575 scree, conveyed to Clarence R. Brown 1 and-runs in a Southerly and Southeasterly direction,along, near.and across the t,esteriy lines ffof said tract of 10.575 acres and said tract or 36.1362 acres to the most *easterly corner of 'r 1oaid tract of 36,1362 acres,:and:which runs froa the last mentioned point Southerly, Easterly and Northerly to the most Southerly corner of-said 36.1362 acres, and from said point rune q adjacent to and Northwesterly frog sthe couree�In.the boundary of said 36.1362 acres reading a n 11 South 490 59' 20' West.;706.11 feetr It being agreed that said right of Grantees to use,said ' ;. road shall be appurtenant to said 36:1362 aere�tract.':Said j0 foot road now laid`out`and in n 77.51 r ar. Y use Se a part of the same 30 foot road reserved in the above mentioned deed to Clarence ftt } Brown- r - 4 Parcel. 3 Am-anpppurtenance to said j6 1362 acre tract, an undlclded 36/15Gtha -' interest in the .ol2owing deacrited;land upon which Sa-located a water ve11; togettrr with r same"interest In the pump,,motoNi casing and other equipment.thereof viz:,:,Rancho Boca de is f P1aynJ County- of Orange :,State€'L California (more particularl; described as follows, to-wit.- S:Beginning at a point-'in LHe Eaet rly propertT line ot, the Atchison; IT, snda,Sentiie;Pail i 4j;Company which said pointlbeare Bou+h 32° 33" Meet-j0 feet from the Sncersection or 'the - Northerly llne oT the' Poncho{Boca de la Pleyawith the.Easterly property llneko the A cYison fa 4opeka axd Santa Fe Railway Company; runnln� ttrnca South 32° j3';,.WaeS 50 feet, thsnce:South 7°27"'East 25'feet tY.enbe Aorth` 2° ' EaeY feet; thence Horth e 2 i'.West 25 feet to 5 3 33 5G 51 71 ;:' r the point of beginning. The ibove'.de scribed Property contains 1250 square feet -A leo a 36/15Otho interest in the underground water pipe line and rIght to use same for the:transportation-of water, frual asld water.well, Bald line being deacrlbed as.hall owe r, , Beginning at Station 455}87 in the reenter line of the California State Highway (1:.0 feet vide) c as deearI ad In a' quitclaim deed',recorded December 29th,- 19' In Boos 1267, pare 462 of Of t1e1a='Records of Orange County California thence•North 590.471 58' We et, 207 16 flet; thenen f North 73° 27' 58' West 519-38 feet,`- core or leas to an Intersection with the southeasterly line .of the above described water well site, being the same right of way and ease ent ae de { crlbed:'as Parcel 2 in the deed from John 0 Forsterand wife, recorded May 11, 1938 In Booe 6`t 937 at page 447 of Official Records of Orange County,.California. Parcel;4. An undiilded}3fi/150tbe'` .ntPreet (Grantor,hereby re eerving'tEke remaining a4L'41' 1150the Interest) 1n a bite forinew`water well reearvolr rn so tract treat ofi 36`1762 acres a +.mss Cau- -- w:-} �t +�. z err le=er.Pal - { LbQe L}ier w1L11 afl eaBe a.CntLO�'1]e U6?d Sn COMCCLlan with CCahtnrS"and others :LO ea�etraat Ilse y f< Tr 4f p;-. repair_and--replace an underground water Alpe line from aid reearvolr elle i site 'and line are described as'; Bealnnitfd at Station 455}-7 Sn the cc a zke s x Californla State Blghway(10o feet-.wide) 'no described in a quitclaim deed record e3 D^ ex e 29th 1944 In Hoes 1287 at nage 462 of Official Records of Orange County, Cali tort ia, the South'59_"::471 50". East 127 00 fee+;- thence South 36°. 50000,Eest 1767 j feet ` thence forth 3j°'1$I:02" East- 838.23 feetf to "',intersection with',ths outherly;line of a:Yeservoir;site ,h, .�. - . 1 mere-yartieularly deaerlbed as1follows Heglnning et the sod oY;the lest ment'Soned"co ur ee and running thence'South 56° 41' X58° Eaat;25 feet; thence Ncrtn jj •:,181 02"East 100 feet; thence North 560.411 58')Yest 50 r 0 feetlthe:we South 33° 191 02" West 100 feet;'- thence South-56° 41' 58" East 25 feet'to the j • point-:of beglnning, containing 5000.equa re tee t.'Said tract of 36.1362 = Is:'subj act to the 5 { easement granted to Clarence R..Brown by deed dated October 21, 1947, to construct,-use, mai n- repair are replace an underground water pipe line from said reservoir site's North 77 corner of the lands of Clarence R. Brown. - � .- Grantees and their oucceaeors in Interest shall hale the right to connect Into Bald 1 last�mentlnned pipe line, and use water th6"from, provided LITT,ha connection does r.ct interfere 1.vlth�or Impair the efficient use of said line by Clarence own a.ld his successors In f interest. 4 - Dated thin 17th day of December 19u7 I yarce F Forster. 9 (f _ Ellzabe t J. Fora ter SIATE`OF Ca LIF09NIA ) i County of Orange )Os. On this 23rd'41ay`of December, 1947, before me, C W. gas e - a Notary Public in and for Saba Count:: and State, per aural Ly I appeared Xarco F Forster and E1lzabeth J. Forster, Known to me to be the pePaenS vbOsc fam.a .. - . , ). are autcerlted to tte foregoing Instrument and-uckrowledge3 to ae that theyexCe clad the govt dl Jr 55 ar hand and official ((Sent)) .� 7 ..ti a' .vx *,are ! `~C W .Ear e to tory chile E/ 1 7f� ``: a +r rf`}t`F�l� his fc f 'r r r fr r '` , 4-'.•-s ' l^ )SII y r ` t Ta.P in and for as!d:QaUnty hard BGate r .x• ITEM# 1 and after due ratios of the hearing of said return, did on the 26th day of September, 0, make as Order directing said sale to be Talld, and confirming said sale and directing th onveyance 'to be ezecutd to the parties of the second part, which said order of cenfirsLtio If nor on _ �flls and of record In the office of the Clerk of the said Superior Court, and certified copy of which is filed herewltltfor record In the oiftce of the County Recorder o he County o1 Orang , ® State of California, befog the County In which the said lead to situated o which nald order 'reference is hereby made for further particulars, and which to rade a rt Fereof. + NOW THERAFCRE, the said W. L. Hale, Administrator of the Eat of 'lora S. Nlcbals, as aforesaLd, the party of the first,part, pursuant to the order Is aforesaid, by the Bald Super- r; , lor Court, and for acd- :n ciusider:+Llon of the atm of Plva Tho d ($5000.00) Dollars to him In - pa -: ,hand paid by the said parties of the Second part, the recelp of which Is hereby acknowledged, .has granted, bargained, sold end conveyed, and by these p eats,does great, bargain, sell and ' ;convey unta the partlea of the second'paxtias Joint to to, all the right, tftle and estate s- of the said Nora S. WLchclap"Decesaed, to and to Atha ertaln lot, piece and parcel of land, :lying and being In the City of Santa.Ana County'o range,, State of.'.Callforata, and partioularl :described as follows to wLL; i - The West 8lxty £Lve, (63) feet of Lote ,;.(1) ad Two (2) an6 the West Sixty ft�e.(65) ;feet of the South hxee (j) test o1 Lot +hr (�)- Ln the George W Poid Add Ltlon to the CLty -.y. s y, �of Santa Ona, as shown on`d`map recorded Hook`25, Pngr 62 of Slscellaneoua Aecorda'of--Loa y� Angeles County, California, + Together with all and singulex, the, emunte, hereditaments and appurtenances whatsoever to the I same belonging, or in.any wise app tainLng - , ` TO HAVE AND TO HOLD, all d singular theabovementioned and described•premfeea unto Lhe 3 - ;said parties of the second pa .forever - - I:7 WITNESS. RBrAEOF,. a said party of the first past, as Admtclstrator of the Estate of -, �WOrd 9'Nlcbole, Decease ae aforeaai3'�hea executed these preaeuteetha da/ and year first abov M i �l t��S '�'� d<x + � + p* '". s Y m `it�,. E, r 'K 4. � K. wrltten r� kr t •�,r,L �"ry ��' +:t � x,�'-desY.sro$?,z?' t t'�•z Yy". ,Yep 'ya L Nale,, A"In'tatzator of'.tbe mstate�of Noxa S.:`Nichols,<Deceased ° _ $ (State of Cal llo a - ae On this-,29th oay of September, i93D `before me, F H'. Lyon a Rotary td -�county of 0 e 3.. :- e z S '* a public in and for the County oYOrane, State of Cgtlfornta, person n (ally an a d W L Hale,.known to me'•to be the'Adminlatrator oY Lha"Estate of;Hora 9 Dlchora, c y3v ?, !-- - Decease sad he ecknowled ed to me-that he executed the foregoing instrument as Adm[ntatrato lof eat estate.?: ° • IV WITNESS $P.7OF,' I have hereunto e t my band andaffize3 my ofYLo taT'eeal the"day .N 'I ye ftret above wr Ltten. !• l ((SEAL)) _ - F. A. Lyon Notary Public + - : Ln and for said,County and State. Recorded at request of Oxantee,C 6, 1930 At30dln past 3.A Y. Ln ¢ook 428 Page 74 ,., Ruby. Caner Deputy s > t Official Recoxde,of Orange;County, .-Suettne Rh - _ y ' ;neon a ..O1LPdAED Mable P ul t "� v N s > tr., a 7 �•r x` 279}?, 75 IQ„IO• ! { ✓Q - PARiI YIGN uF3D •/ .. -- THIS l M2MR-1, made and delivered thio jOth day of 3epte bar 1530, by and between� t F?LX-A FORSTER and DA ¢ ORS .,Ii ,huuoeatd and v fe, h re matt r caller first otrtleSsad 0 FOFibTEFt and IA Z':1GAaTnR 6uatankaad wLfej neral after called sec rd patSt Lea .d v ti �'!� 5. alxuzearrR: s i Frank A. Foister and John 0. Forster now own as tenants In conmon In equal shares all of the hereinafter described lands, and desiring to divide and partLtloa said lunda in severalty, i add the parties hereto having agreed upon the division thereof herein contained, now, therefore,t conforming to the said agreement of the partiee hereto and in consideration of the partition of 11i 9 said lands and the mutual covenants and grants hereof, fLrst parties hereto do hereby grant and convey to John 6. Forster, subject to tte easements and rights hereinafter provided for, the lands hereinafter described as Parcels 2, 4, 5, 7, 9, 10, 12, 13. 14, 19 and 20, and second i parties hereto do hereby grant and convey to Frank A. Forster, subject to the easements and rights .� hereinafter provided for, the lands berelnafter deecrt bed as Parcels 1,3, 6, 8, 15, 16, 17, 18 and 21 hereinafter described. p iReserving unto Frank A. Forster un easement over Parcel 7 hereinafter desortbed from Farrel 6 hereinafter descrtbed to drive cattle and other stock to and from Parcel 8 hereinafter described. ReservLng unto John 0. Forster as easement for Ingress and egress over a strip twenty _ (20) feet in width across Parcel 8 hereinafter described near the Easterly corner thereof for the baneflt of Parcels 5 and 7. "- � Each of said parties; John 0. Forster and Frank A. Forster, shallhave as an appurtenance, to each of his respective percale of land, the right and eaaen nt to lay and maintain.water pipes and *sfe rater through the same, to the reepeatlde parcels granted to the other, and acid rater pipe or pipes, where lands are used for farming or horticaltural purposes, shall,,at the requestl of the party owning such lands, be placed, at the expense of the owner of the pipe line aL"a depth underground so thatordinaryplowing will not affeot the same.. i - Notwithstanding anything to the contrary herein contained, It is hereby mutually agreed f -' between the oartles hereto that all oil, gas and hydrocarbons Ln,-upon add under all of the"-real( - property hereinafter described, shall be held as tenants in common by Frank A. Forster and John 0. Forster for a period of five (5) years fromandafter the date.of thLe deed, and al leasee rI E*=a Y. and Itheri Ina tru..en s relating thereto during such period shall be sLgned joiatlyby the piiuea)heetc that all bonuses; royaltt es, and.other benefits derived from aaiQ oLl, gas and others n -., r .`rlt haz 5 a &'!w1 :. d 1�; hydrocarbon substanoes during such period sll bd shared equally by said Frank A. Forster and 3: Jobe 0 Forster; that If oil or gas to commerc tally paying qud[tltLes has been discovered and ` produced -from any of said lands within acid period of five (5j Years, the, .aid ownership In,com- Y mon shall continue_ during such period as the same..is being produced on any portion of the leads v hereinafter desartbed in comserc tally paying qu{nit lee, teats Lvat.tpea , nd o said Sive iy year partbd, toll, gee or other hydrocarbon substances have not been3producer7 uponwoaid land-,tn t i'. r t ) <1_ oommarclally paying,,quantit Les, thea all of the same shall revert to he then owner o1 the res Mxntt peatLve Ia ce s of and hereinafter described, and such oer' shall become the sole and exola Lv¢ e �i jowner In fee sLmble of the entire title to all oil, gas and hydrocarbons In hiareaFe ottve fir- } - i. That cny increase of taxes levLed upon any of the real propexty hereinbefore d�ucrtbed, by reason of the deve_op:ceat of oil thereon, or by reason of.the development of oil on adjolning _ or nearby lands,;,ball be paid by the parties hereto ,bare'end ahare's,l y.ke, whether said taxes - - ,k be levied on lands-partitioned to Frank'A Forster or land, pax•It loIn,edr to John 0: Forster, or _ cz t°•G open all-of said lands, that'satd division ofpayment of mid`taxee nusll continue fora per'od '- '?i a r 4 t a ' „ rt' ,, a� #, '" of flva_(51 years Yrom and a.ftar the date of tel e:deed and eo long thsreaft er as ap Ca yaritea '- - `;� hereto ehall'h"oownershLp_to common of the etl gas, and nth r hydrocarbon eutetsrpep ln;'tyon' . . - ..:y;a , and under all of th, real property estate described as above ee forth. y Th in the event any well drilled upon any portion of the Isar herelpafter denorLbtd for` he dnvolopment of any of Wald substance,a shall not produce fee soma Ln paYing quare tl ea ..nd t up, '. uhall, bp:mor 4el,��gd)or�ataded�gb ,thay!.perseu}�,+3fLriaor e?rpoxat ion,kcl-tli l#gho starve and.ynern (Lr)iv r4 fz�l+y, 9+ k wsvz:-x,lvca..�u ,> w to capable of being pumpedfrom said well mo•a than txeaty_ftve (25) Inches of water, then Frank) A. Forster and John 0. Forster shall own an undivided one-half Interest each In each water well on any portLo of the eaid land, and In such water. The hereinabove referred to lauds are eLtuoted to Orange County, Californla, and describe_ as follows: - I - ® Parcel 1. ' (Property.of Frank A. Forster). Beginning at the Southeast corner of Lot.Five (5), Section Six (6), Townebip Eight (8) , South, Range Seten (7) West, S. B. B. 4 Y., shies point is also the Dortheast corner of the Southeasterly portion of San Juan Capletran , TownaLte; running tnence Sorts 0' 291 'meet 1956,00 feat to the Horthweat corner of the second portion of the deed contained in Book 155, page 167 of Deeds, Records of Orange County, California; thence Horth 550 15' EaaL 104,00 feet; iueace s South 36° 301 East 351:00 feet; thence South 00 29tEast825.00 feet; themes Worth 600 ja, ..Test 1651.00 feet tr the Southeast corner of the land conveyed In Deed recorded in Book 128, page 262 ,of Deeds, Records of-Orange County, CaiLYornLa;.eaLd point being also ah e.Southwest oomar.of th -, deed to Wendelson recorded'in Book 65, page 392 'ofDeeds; Loa Angeles County; California; -runnin thence Worth 700 15' Fleet 16.71 feet to the elorthiest corner of the land conveyed to Ned re- corded-in Book 290, page 297.of Deeds, Records ofOraage;Qouafy, California; running thence Scat 110 _44' 150 East 2175 35.fee4 o the southwest corner of above last mentioned deed, z nnLng then e; South 241 221 150 Weat1655 feet;;Shames South`47° 56•-beet 1314,76"feat; 'thence Horlt,52004, - WcaL 1100,00 feet;f thence Birth 32*.421 West 735239 feet to�.the point of beginning coataCning- 106.46 acres, g106.46-acres, and being shown as Lot One (1) upon map filed In Bootc.4, page�lj of Record of Sur 37 teys 0Y Orangc County, CalLfornla -+ •' + i -- ' Parcel 2. (property of J-IIa.O.. Forater) x A; Beginning at a poini'sarking the Southeast corner of Lot Five-(5), Section Slx (6), :Town Ship Eight (8) South, Range.Seven (7) .West, S. B. B h v 11.J and the Uortheact corner of the"°.outh easterly portion of San Juan Capistrano-Townslte.as per map.f Lled to Book 3,-,,age 120, Yiec 11 aaeoua Records of Los Angeles Cou¢ty, OalLfornlas �aye shown op Tract lOj as oar sap thereof-re rN corded-_ Ln Book 11, pages 29 33, 1.Lseellsaeeus maps( gecozda of Oranga'.Co aLy 'Oal tfomia -run k�s =f. - <F4 S`"r €r� xc r y " a �- +d � h3svE '.� I U: ning�thence South X32°t42� East 735 3�Peet, thence Soutb 42°:Oar met-1200 00 asst, Lhencey$buth r ° a 5 47'. 56- West 1304,12 feet; thanes South 20° 04",East 300 00 feat thence`3outh. 8eatt : 225.00.Yeeti .tbence ItoxDh.490 041'Weet 115 LO fas-.;,tbeaae .forth 0°`17} 30w West'j3.50'i-ets�to r the Southeast corner of the;Southeasterly port to yoY a LCSan Juan Cap Lat-ano Tom9Lte,-ttie ce doxth e9° 461 West 207 09rfeet t encs.Houtb 64° G4tWest 792 Oq feet,.:thence Worth 44° 23114est (371 2C feet, thence South 99° 54, 30• Reet 60895Peetdto s-point In the East line of tMt�cae i„ i 69' '. tatn pxoperty conveyed -,.o-j Fo rater:b) deed recorded its Deed Beok 235, page,116 of Dub x n r N t l ai i Records of Orange,bounty, California `thence Hortih 0° 50, sea 145.5.60 teet along Said Eaef�llne -" ( to a poli¢c'on the Southeasterly line-of Lot.Thl rip three (j3), as'shosn o❑ said Tract 103;-theac 8 _ IWorth 1510 15' East 319-30 feet along ea-d Sostheaet erly,„line to the .Southwesterly line of.-Lot j TUTty_ore (31) as shown on said Tract 103 thence South 41° 31' East 353.75 feet along said TxC Southwesterly 1Lne to themoat Southerly corner of said Lot Tnirty_one (31); thence Hotta 390 l 7 311.30•- last 1723,26 feet along-tbe 3 o theastorly�line of,said Lot Th trty_ore {3 1) to a o?int- In tIIet(oxtherly lino of the.Southeasterly portion of Sas Jnan Centat xaao Tosneite ¢a per_azp ( -_ . } ( ( filed L`n 1(Leeellaneoua Aeco roe Book j;' papa 120, Reogrdel o_f, Los Angeles County - Callforn la ( tnence:South 69° .30 Fast 164 47 feetalon a Ld Wor herly lire to th point ei beglnntog, t¢lnIng 113.65 ¢orea,,and.heing' shown'¢a Lot Tvo�(2) upon,map filed In 9oos 4,.page 15 of�.Z cor¢I .k i< of Surveys of Cranj e aunty, Callforn La. a P Parcel 3 (Property of Frank A. Forster). -'9egt nl q at a pointwbloh Is loco ed 735 j9 feat South 32-142, gaot as t:iio0 00 fe, ,. ds �� + v,, 6oyth�ik2v'p�WIF East tomC{theatloutheaeta 1/ coieL;o£ L`ot FLv@t(5)r79 otip n. gix (6}i ,oanahip • io Light !3) South, Range Seven (7) West, S. B. B. 8 L., and t he ';o nth snot corner of the jo utheast eriy portion of San Juan Capistrano Townsite, as per map filed In Book 3, page 120, litacellaneous •-�-- IRecords of Los Angeles County, California, said tornor being shown on Tract 103 as per map thereof recorded in Book 11, pages 29-33. Miscellaneous 'laps, Records of Orano0ounty, CalLfornfa; run. InIng thence South 6° 30' G0° East 4290.60 feet; thence South 88° 52' Fns. 430.50 feet; thence - - � ortn 74o 40' zest 1768.90 feet %: an Lion pipe, saki pipe marktng the point of beginning, cited in leed of the property conveyed to John 0. and. Frank A. Forster as recorded In Deed B,ok 1555, page 167, Records of Orange County, California; thence North 11' 44' 15" West 5055.36 feet to the Sertheaat corner of that certain propert, conveyed to L'arcos Forster as recorded in Deed Book 290, 4 page 297, Deed Reoorda of Orange County, California; thence South 760 15' 45" West 560.00 feet along the Southerly line of said parcel; thence South 240 22' 15" Kest 165.55 feet; thence South 47° 56' Kest 1314.76 feet to the point of beginning, containing 217.77 acres, and being shown as Lot Three (3) upon map flied in Book 4, page 15 of Records of Surveys of Orange County, Califf i Parcel 4. (Property of John 0. Forster). Beginning-at a point which is located 735-39-feet South 32° 421- East and 1100.00 feet_ i South N20 04' East from the Ssoutheasterly corner o! Lot Five (5), Section Six (6), Township `eight (8) South, Range Seven (7) Weat, S. B. B. G N., and the Northeast corner of the Southeasterly - portion of Ban:Juan CapLatrano' :owusLtc, as per map_.filed in Book 3, page 120s Llecellanecua 'I :cords of Los Lageles County, California, sada corner being shown on Tract 103 as per•map there- of recorded In Book 11, pages 29-33. Miscellaneous Laps, Records of Orange County, Califorata; - running thence South 6° 30' 00" -set 4290.60 feet-to a point which is located 1763.90 feet South 74° 40West and 430.50 'eet Forth 86° 52' Wait from an Lion pipe which marks the point of, beginning, _cited In decd of the property conveyed to John andFrankA. Forster, as recorded In Deed Book 155, page 167. Records of Orange County, CalLfo:nla; thsnce South 79° 43' West..156.60 feet; thence North 83° 576 West 1057.00 feet .hence North 23° 33' Kest 1047-15 feet Lhero 'forth los 05'`:.ass jx6.74.feet hence�North 6° p5' East 1101 73 fee ;--thence Forth 21° 36'`.Eastj t - -- 364.11 L;et thence Horth-7.C° W:' West.515.00 fee%);'thence North 47° 56' Enat 1304 12 feet.fo the -? z point of beginning, contaLnlrg 105.32 acres, and tieing shown as Lot Four (4) uponmap ftltd: in - �BOOk 4, page 15ofRecord of Surveys,.of;Oran6e County, California. _ Faro 1 5 (Property of John 0. Forster). - - Beginning aVthe Southwest come= of the property conveyed to John 0. Foster, as ppr Deed i. Each 235 - pat16-' Records of Orango'County,"Cal�LPornta,r mLd'potnt'being Ln the center:line of) ge ' the Califonis Stade Highway, Horth 22° 11' East 669,73`feet from EngIncer'e station 146346' ,of said hlgbway, thence following the South and East"lines -f the above described Parcel South [ `IB7v 56''Eagt;. 3 .50 fest; thsnce ?forth 54° 50' Feat 450.00 feet; thence North Da 50' Feat 522 73! feat; thence leaving said East line of sail parcel tforth 8qv 54' 30" :East 603.95 feet thence A South 440 23' East 371.20 feet; thence Forth 64° 04' East 792.05 fact; thence along the South 1Lne of the don:beasterly portion of the San Juan Capistrano ToWncite South 89° 48' East 207.08 fret to the Southeast corner of the Southeasterly_portto:i of said Townstte; thence South 00;17' 30" East'3j 5 feet;,thence South 490 041.East 115.10 fee-.; thence ao nth 47 56'..Ea st 225 00'fee�' ' 4 - - l 0- 1- thence South 20° 04' East. 215.00 feet, ,thenoe South 21° }6'--.Ti et 365.11 feet thence Bouth"6 5j' Kest`,LOCI 7-3,feet;', thence South 10 X05' Vest 536 74 deet; thence ,0c rth 2�° ,33' .nbt 1047 13 i _ n!+q '.� feet; thence South '76-9 55' West 1565.79- feet; '.hence..Sou-.h 890 43'..Rent 466.00 �feet; thence„South' - 1 _315 3,' Tebt 521.05 feet; thence Lorth 60 03' 45^ Teat ?392.OJ feet to a po Lnt In the center „ t i line of the C 11 ..m la State , Lhh,n/ s.n Ld pn int being ' rtc 41 14- -.aat 96.60 fee from Sarin-1 5� I S:n len 405 59.91 of rrid hLSbnay, call 5cattcn cel Ig the u fuer / end 0 n c vc In still ' ` , lhhna,;: hence eo ntlnuing No n 441 14' Eabt 41233 fee along center lLne.ofisald Lt horsy k .i y "z'� t`." CS <�,.•;ti�tx..t jv�}} '.'£x t i 4 i .L�y„ w t;x x S }Mut rriti Nry1 � Y T., f t f n to Sngl:.aer's S a;Lcr. 471.69.34, which point aarki the beginning of a carve nor.ave to tae :;orth-est, and aaving a radius of 1000,00 feet; running thence Northerly along said ourve throngs an aide of 5° 33' 30. 97,01 feet to Engineered Station 472+66.35; taence alor.g a Ilea tangent -.o sail- curve North 350 401 j0• Ea--t 866.31 feet toEngineer's Station 481+32,66; run- ning thence Northeriy along a curve concave to tLe Northnest and having a radius of 1000,00 fret)- through an angle 13° 29' 30•, n distance o1 235.48 re-t to Engineer's Station 483r63.14; :heroes I along a line tangent :;orth 220 11' East 68;.73 feet to ' he point of beginning, contalcing 239,781 $ acres, a:ld 'cel.ng sown as Lot Five (5) upon nap filed In Book 4, page 15 of Record of Survsye of Oranie County, California, $� Also as a part of eatd Farcel 51 that certain strip of land described as beginning at a ( oLnt I the cent.:r of the old Count Road'as the sage extsted in the year 1501, which gJ p r 60th: is 29.70 f- Ezs; of the Northeast corner of the Pryor Homestead, as per Deo.ee recorded In Book 7 pass 31 of comesteads, Records of Los Argelaa County, California; thence from said point of be- 1 gLnning along the center of said former Cuanty Road :;orth 3C° East 679.80 feet; thence North 710 East 324.72 feet, thence North 35° 301 East 1374.76 feet; thence ;forth 22° 30' East to the South .west corner of the property conveyed to John 0. Forste- by deed recorded In Book 235, page 116 of Deeds. Records of said Orange County, Said corner being in tae center line of the California State Highway; thence Southerly along the center line of said California State Highway to Engle _ ear's Station 466+59.91 thereof; thence South 410 14, Seat 130.17 feet to the most i;ortherly corner of the land hereinafter described as Parcel 9; thence South 44° 53, 400 Test 495.+;3 feet to the point of beginning. - 7 Parcel 6. (Property- of Frank A. Forster). - Beginning at an iron pipe which marks the point of beginning cited In deed of the propert conveyed to John. 0. and Frank A. Forster, as recorded In teed Book 155, page 10667, Records o` i. Orange Count:, Callfornla; running thence South 0° 15' 45• East 5744.06 feet along the first coarse of said deed; thence South 69° W .15.• Testa 2140.42 feet; thence North Do 151. '�5• Test 5294.65 feet; thence South 88' 52' East 430.56 feet; thence North 746 40' East 1768 90 feet to _,y '. the point of bening, containing 266.61 a:oxea;-ani be in be as Lot Slx' upon cap filed } In Book 4, page 15 of Record of Surveys of Orange Count,-, CaltfornLa. � - Farcel 7• (Property of John 0. Fo-ster). `! Beginning at a point which is located 440.00 feet ]forth 206 42' 40• vast from the worth easterly corner of Lot Three (3), Block Twenty ('LO,, Tract 735, ad par map ttierepf recorded in Book 22, pages 21-28, Lllseellanecus Yaps, Records of _Orange Oowty,t California; running thence So rth 87° 20' 40' _sat 460,00 feet; thence South 800 201 East 500.00 feet; thence ;forth 38° 20' f' ill East 760.00 feet; thence liorth 89° 39East 2982.00 feet; thence L'orth-0° 15' 45- West 5294.65 �J9 feet to a point which is located 1768.90 feet Beath 74° 40' gest and 430.50 feet North ES° 52 e'est from the polat of beginning of the first portion as cited In deed of property conveyed to Sohn 0. aed F.ao'c A. Fo-titer as recorded in Deed Book 155, page 167, Records of f,ran6c 03 vumty, L Callfornla; tnence Soutu 79= 431 dost 156.60 feet; thence North 83° 57' Teat 1057.00 feet; thea ce south 7E0 5j' Test 1565.19 feet; thence South 890 143' treat 486.00 feet; thence sojtt 310 35' Nest 621.05 feet; thence,South 22° 451 Rest 2043.78,f--vet; thence.South 74° 20' 'Rest 617-11 _ .r I,feet; thence Bou.h 130 51! Kest 881.36 eet; tbecce south 6-,471 .Zest,1564,:io feet to the point :( ;( 1 of beginning, co nsaLning 531,7"1 acres; and being shown as Seven'(7) upon-cap,filed InBoo "k;5 .l - - page 15 of Record of Surveys of Orange 'County,� .forma. ' As :'arced F. (P.-opery o: Franc R. Forster). '1 lir Co¢., netts at the Northeast c<rl r of the Pryor Roioaatesd, a6 decor lhe3 L 'lrae ra�orJ }( -,)ok 1 pr✓ 31 u Popes eads Ln toe of-Ice of the County Re co v of LcsA.%6el s cc;It y� Il- - fallfoin la, tt eneo 1lo:th 89 ,45' vasti'2� fej'Xortherly: lne of the Ranoho Eoc d V. I at along tb Tt'T L* {4P,L I 't FLj w t 3 "1 a ._ 4 TF 4 ✓ r}-rt� 1�.�, - r , 1 .06.06'. ::(. t .. :-! d 11.4_ A �.., f' {..{�1 'r .•` �. v.f f - { L 'i j f � .l_;4 60 MOM P. Playa; tnence North 44° 531 40" -eat 495,66 feet; thence North 410 11' --act 130.17 feet :o vn6ineer'o Station 466_59.91 of the cea.�r line of the California State Highway; thence con- slnutcg :;o rth 410 14' East alocF the center line of said highway 96.6 feet to the true point of 'ceglnntng of the land to to herein described; running thence from Bald point of beginning South F4° 03' 45" East 2392.0 fee-:; tnence °outh 22° 45' West 2043,79 feet; thence South 74° 20' West - - 617.11 feet;therce South 62° 30' 45" IIaa: 1127,52 feet; thence South 61° 04' Preat 1300,17 feet; tteace South 760 lest 755,36 feet to a point in the Easterly line of the California state HLgh- ay; thence North 50 O11 30' Lant along said line of said 'nigh"" 238 feet, more or lees, to the Lntereectlon with the Easterly lire of said Pryor Homestead; thence along sold faoterly line of Bald Pryor Homestead :;ortn 276 53' 30" la-t 89.95 feet; North 59 30' 3O" East 1047.16 feet; and North 13° 32' East 431.67 feet to the Intersect!on of said Easterly line oflsaid Pryor Homestead iwl,a the center .line of said California State Highway; thence Nortberly along said center line along a curve thereof 362,(2 reet to the Northerly end of said curve; thence continuing along the ( center line of said highway worth 38° 54' n"iet 1565.30 feet to Engineer's station 454+71.68 ; thereof; thence continuing :iortherly along the center line of said highway along a curve thereof) 218.17 feet to the 'Northerly end of said curve at Engineer's Station 45490,05; thence ocnttnu- i Ing along the center line of said highway :forth 26°-24' East 710,97 feet to Engineer's Station i 464}01,02; which point marks the beginning of a curve In said center line concave to the EaBt, having a radius of1000feet; tnence Northerly along amid curve 258.69 feet to Englneer'r Station 466:59.91; and thence North 410 14' East 96.6 feet to the true point of 'beginning, containing 224.71 acres, and being shown as Lot Eight (t) upon map filed in Book 4, page 15 of Record of + Surveys of Orange County, Califc•nla. Parcel 9. (Property of John 0. Fozster). BeglnnLn-, a. a point o. the Northerly 'Inc of the Rancho Boca de la P:ay'a, at the North- east corner of the Pryor Ho-estead, as per Decree In Book 7, page 31 of Homesteads, Records of � - LOB Angeles,County, California; running thence along said Rancho line North 99° 45' last 29770 . feet; thence North 44°_ 53' 40" East 495,68 feet to the P. 1. of a curve on the State Highway - concave to the-Etat and baving-a center llne�radLus of.1000.00 feet anal length of 25d;39 feet, i thence along a tangent to said curve South 260 24' West 130.17 feet to Engineer's Statlon 1 1461,01.02 at the South end of said curve; thence continuing along a tangent along the center line of sold Highway South 260 24' West 710,97 feet to Engineer'a Station 456+90.05, which point marke the beginning-of.a curve co::cave to the "Test and having_a radius of 1000.00 feet; thence Southerly. along said curve 218.17 feet to Engineer's S.a-Lon 454+71.E:; thence along a tangent South 76- 54- went 471,87 feet to Engineer's Ration 450+00.00; thence Leavlcg said highway North 518 06, ' r fest 274.61 feet- to a point on the Easterly line of said Pryor Homestead; thence North 360 331 ..t 30" East 997.85 feet along said Eas-zrly '}ne to the point of beginning, containing 7.08 acres, id and 'being she" as Lot Bine (5) upoa map filed In Book 4, page 15 of Record of Surveys of Orange: _ County, Oallforu La. '- Pa:cel J.O. (Property of John 0. Forster). - b' : Beginning at a polo-. on the .a ster].y line ,t the Pryor Hon esaad ae described In Decree ;- g, recorded In Book 7, page 31 of Homesteads In the jfflce of the CocraY R^cc-der of Los Angeles ' County,,California;.which point is South 380. 33' �01�host 997.£5 feet from the Northeast corner I of said-Pryor Hooeatead; ranr.ing t4enoe 'from cold point of beElrm tag South jl°-06' East 274 61 f� fret to a point," ln the centzr line of the California State Htghray a: Engtceer'e 9tntlon- i�< r taq i 450,00.0) Vienne alcng Nuc certcr line of t a k'LCoway 90 Stn - p Test 1093.43 feet to ece 3 , r !'y5 M� Uegtnn Ln3 of a curve lr. call enter lar. t6 woe 90 pts rly a1 'a..i cu ve 3°2.7 Yeet tb au , Wj 9j Y-t$,z�r yl,c i I ! 'x nett on atth the est rly line of_ ald Pilo- i'eyas su; 5 ce al tag aid ,zs er1/ lino o �ri �t� �t �: std payor H me stead No t4 13 32'A Baht 693 OO,Ye'et yNorth.,_37° L9' Enat 5t0 87 Seet,i and t(orih � tiT {( � is��•j���^. , l 'lti: tin�.a�� tf,•!F . i. e _ 1, 1 t J, �ti --- Ol 38° 33% 300 Fact 273.41 feet to the point of beginning, containing 7.02 acres, end being ohcca as Lo: Ten (10) upon map fLI,d In Bool: 4, page 15 of Record of Curveys of Orange County, Calif_ ornla. Parcel 12. (Property of John C. Forster). beg Lnotng at the intersection of the Easterly line of the Pryor Homestead, ar described I{ Lc Decree recorded In Book 7, page 31 of Homesteads in the office of the County Recorder of 1 e :Los +.ngel es County, California, with the center Ilse of the California State Highway at Engine Station 416,49.24 thereof; thence following the :asterly line of said Pryor Homestead South 270 531 30• West 265.41 feet and South 27° Od, 40° East 193.61 feet to the center line of said H.gh-I t way at Engineer's Station 412f40.b4; and thence Northerly along the center lice of said highway 408.44 'set to the point of beginn!ng, and being shown as Lot Twelve (12) upon wp filed In } Book 4, page 15 of Record of Surveys of Grange County, ;al.ifornla. Parcel 1). (. ruperty of John 0. Forster). i Beginning at the most Northeasterly comer of Lot Three (3;, Block Twenty (20), Tract 735 x .the per Lapthereofrecorded In Honk 22, pages 21-28, Hiecellaneoue Nape, Records of Crnage Count , i California; running thence In the followingcouisea, measly, along the Northeasterly llho of rsaid Tract 735 ;forth 690 171 200 West 368.55 feet; thence South 790 O1'-30°, West 470.47 feet; thence South 600 30+ 50° West 584.62 feet; thence North 330 461 East 135.29.f Grt;-thence North _ 560 140, West 127.70 feet; thence South 660 561 West-322.55 feet; thence South.SO 14, East 304.1 `• feet; thence South 790 011 300 West 327 feet; thence North.800 221 West 212.69 feet to the begln� , ning of a curve concave to the Northeast of Radius 104.49 feet; thence along said curve through an angle of 57° 53' :^tl, the long :hord ofsaid curve being .worth 510. 251 154 West 101.14 feet I _ to the end of said curve; thence leaving said northerly-line on a line tangent to said curve !forth 220 281 30" Rest 1337.72 feet, said line being :he Easterly line of Pacific Avenue; theme Borth 17o 141 Rest 125.34 feet to a point on the Easterly line cf the California State Hl ghtray; thence along said Easterly line o% eald highway North 50 OL 300 Eaat;202 97 eat thene_ leavtc State Highway North 760.001 East 755.38 feet thence North bio 041East 1300 17`feet; thence North 62o 301 4511 East"1127:52 feet; thence"dou h 130 511-West 881.36..feet,�the_ice,South 60 471 Last 1564.10 feet; thence South.20o 421 400'Weat.440.00 feet to-the potn4 01 beg..nning, xntatnl ; Ing 122.86 acres, and being.shown as Lot Th Lrteen (13) upon rap filed In Hook 4, page 15 of Record of Surve;s of Orange County, California. - Parcel 14. (Property of John 0 Foreter). 1 Beginning at the most Hort heaeterly corner of Lot T;%zee (3), Hlock Tsentv'(20)', Tract 735, as per man tnereof recorded in Hook 22, pagan 21 28, Yticellaneoue Yeti e, records of Ora-.ge County, California; running thence :forth 200 42' 400 East 440 feet;- thence North 570 201 4C• Fa 360.00 feet; 'Bence South 800 201 East 900.00 felt:1thence North 880 201 East 760.00 feet; thence north 890 391 =st 2882.00 feet; thence South 480 57' 250 Res: 2017.85 feet to :he most North- easterly corner of that certain parcel of land conveyed to Capistrano Beach Company, as record_ jed in Deed Book 661, page 200, Deed Records of Orange County, Oaltfornla, t`lacoe Norca 74° J{ qi 441 51" T_st 120.62 feet to tiie most ltorthoesterly corner of said parte!_ thence South 200 41' I ` } 370 'Wast 331.64 feet along the '7esterly line of,said parcel to a Point In he t:o Lherly line a - Tract 833, as per clap thereof recorded In Book 2T pages 1-10 N'ecellctr eons Nups Records � O:ango,Count y, Wllfornta; .thence North 69^ 17-' 20 Wsat'362p 81 feet nlong the'.ha xtherly,_llne ( 6 of cold Tract 863 and Northeeaterly extension therzef and ho.th arly line of said Tract 735 to thei 4 .Ye`4 potnc of beginning, coutnLntng 105.62 acres and being ahowa an Let Fourteen (14) upon map i - r''iel3f> 51 filed 1'a Book 4, o�ge 1� of ii•co•d. o' Surveys of O;ante Coae:y. California. _ 1 fin•[ '`ti1� parol 15 (,rote rty of Fa;,-n% A. }ar ce ) , It x���T� ,, i_, s .3zginntne at the ttorlhoa tc ly comer of 1a act 883 a per ap b reo r ccrdr in- IIooK It ate ' ; Mi ✓i)ti�� t{.., `, / + i'- I r 11, r i JSv r; ih r / t i I :n. 27, pages 1-10, Orange County, California, being also the most Soutberly corner of the pronerty conveyed to Capistrano Beach Company, as recorded In Book 661, page 2CO, RecorCs of Orange County, California; running thence :forth 159 50' 25" East 344.23 feet along the Easterly line of the said property as conveyed to Capistrano Beach Cnmosny, to the Northeasterly corner of saldproperty conveyed to Capistrano Beach Company; thence North 490 5/' 25" East 2017,85 feet; thence South 219 51' East 2237.87 feet; thence zisuth 61° 57' 55" West 2102.96 feet to a point in the South- eae' +rif extension or the ;;ortheasterly line of said Tract 883; thence !forth 22° 47' 20e West 1527.80 feet along the said Southeasterly extension of and the Northeasterly line of Tract Sd3 to the POLI,t of beginning, contalning 95.55 acres, and being she= as Lot Fifteen (15) upon map filed to Book 4, page 15 of Record of Surveys of Orange County, California. Parcel 16. (Property of Frank A. Forster). Beginning at a point In the Northeasterly line of that certain parcel of land Conveyed to ITbe First :Iaticnal Bank of Santa Ana., California, by John 0. Forster, at at, as.per deed recorded Ito Book 548, page 115, Deed Records of Orange County, ralifornla, gulch point to located 1527.90 (feet south 22* 4t;' 20" East from the roost Northeasterly corner of Tract 883, as per map thereof _ recorded In Book 27, pages 1_10, Miscellaneous Nape, Records of Orange Scanty, California; run- ning thence North 61° 57' 55" East 2102.;6 feet; thence South 1° 59' 10" West 19CS.77 feet; thence South 670 12' 40" West 1336.17 feet to a point in the said Northeasterly line of said parcel of land; thence North 22^ 47' 20" West 1450.00 feet along the said 7ortbeasterly line to the point of beginning, containing 60.04 mores, and being shorn as Lot Eixteen (16) upon map filed In Book 4, page 15 of Record of Surveys of Orange County, California. Parcel 17. (Proper'b. of Frank A. Forster). - Beginning at a point which is located 2977.80 feet South 22° 47' 20" East from the Most Nort hee3t arly corner of Tract 683, as pe=ap thereof recorded in Book 27, pages 1-10, Mlecellar.e_ ous Maps, Records of Orange County, California; running thence North 67° -12, 40" East 1336.17 f eet; ,thence North 1° 39' 10" East 1808.77 feet; thence North 21°. 51' West 2237.87 feet; thence North 69° 44' l5"-East 2140.42 feet,-more or lees, to a-point in :he 8asterly'_linee ofi,that cer- .Isis property;ae-aonvuyed Lo John 0..: and Flank A:�.Foreter, ae recorded,In Book 155 page 16), 's z Record.e of Orange County, Callfornta,•-thence South 00 15' 45" +as .:8479 94 feet along said East- erly line; thence South 79° 57' 3O" West 217.65 feet to the moat Easterly corner of that certain property as conveyed to The -First Jattonal Bank of Santa Ana, by Deed-Book -545, page 115, Deed Records of Grange County, California; thence North 50° 49.' 30" Hest 1361.76 feet along the North- easterly line of theabovereferred parcel as ecnveyed to The First .:atlOnal Bank of. Santa Ana, California; thence North 22° 47' 20" West 3514.33 feet cont l;:u tug along the said Northeasterly - - .I line to the point of.beginning, containing 321.43 acres, and being shown as Lot Seventeen (17) , upon map filed in Book 4, page 15 of Record of Surveys of Orange County, CaLLfornts. - Parcel 16. (Property of Frank A. Forster.) Begloning at the most Eanterly corner of thet certain parcel of land conveyed to The First Xatlonal Be .4. of Oenta Ara by deed ss recorded In Book d48, page 115 of ..*.e:ds, Records of '12 Orange Oounty, California; running thence South 17° 36' 'Rest 412.20 feet along the Easterly Line - � of Cold parcel; thence '.;or-a SE° 00' East 80.00 feet; thence Coath 6P,001 Bast 100.00 feet; i, thenca South co 34', 30' 'went 1022.83 feet to a point to the center line of the Celifornta State 111ghwny,!enid-point, geing located.at Engineer's Station 242190.60 of'aaid highway; thence South 55° 05' 30" Feast 56.22 feet to Engineer's Station. 242,03.28, b .ng the be gLnnl r.3-of a cone eon.-' c3vc to the Southwest of radius 2896.90 feet; thence concicuLrg Seath 55 05' 30" ant 213.83 k E} Leet along the tangent line of sold curve to the F. i. :h ergo.; thence >cu h 460 27' 00° East i.3 > wa 11J-3.45 ee alp g the to en e of said cave to a I r Li t e a3 erly Lne of too firet 1 1 z deae Lbed parse' of land conve-Isd to Jc hn 0 and Fran c a rorste as per need recorded Ln B001. - f; I,n{l,{�h . , i` 155, pita 16� pt-pe'e�de14 Fecords of Orsnga C unt'y a Gallforn Ui •i runhtn -tten ec Nosth D° 1J' _45" v ' > e iii } -0 , , ------------ -- ---- --' --- - --- - --- -- --- --T Seat 1725.00 feet, _ore or less, along said Easterly 11-re of parcel conveyed to John C. and Frank A. Fera.er to a point, said point being Borth 79e 571 30' Fast from the point of beginning thence South 790 571 30. Rest 217.65 feet to the point of beginning, contain-lrg 3.31 boree, and I being shown as Lot ilghteen (19) upon map filed In Book 4, page 15 of Recori of Surveys cf 1 _ Crange County, cal Lforn La. , Parcel 19. (Property of John 0. Forster). Beglnnl:g at a point of tnte-sectlon of the iAsterly line of that nertaln parcel of land c2nveyed to The First :rational Bank of Santa Ana., as per Deed recorded to Book 549, page :15 of Deeds, Records of Orange County, California, by the center line of the Call•ornia State 31ghway, said point being Englseerts Station 246+41.92 of raid Stare Highway; ruanlag thence .:Orth 170 36, 'ass 999.00 feet aloog said Easterly line; thence North 990 001 East 90.00 feet; thence South 6'0 001 East 100.00 feet; thenoe South 90 341 30• 'deet 1022.93 feet to a point in the center line of the said State HEghray at EngLneerte-Statton 242+90.00; thence North 550 051 300 Sect 351.62 feet along said center line to the point of begLanicg, eontainiug 5.27 &area, } and being Brown as Lot Nineteen (19) upon map filed In Book 4, nags 15 of Record of Surveya of l - Orange County, Californtr.. Parcel 20. (Property of John O.- Forster). Beginning at the moat tortheasterly corner of Block 1106, Tract go. 797, as per sap there- of recorded in book 24, page 11, 14scellaneous 11aps, Records of Orange County, California, said �, - point being also in the Southwesterly line of the Atchleoa, Topeka and Santa Fe Railroad Right cf Way; runnlOg thence along said Southxesterly line of the said right of way South 570 05t 3O' seat 405.93 feet; thenoe South 60 30- Test 130.00 feet, more or less, t t;.e line of ordinary tigh tide of the PaoLfto Ocean; thence ilorchwesterly along said high tide line 415.00 feat, more ..r le_a, to the Southwesterly prolongation of the Southeasterly 1LLe of sold Block 'C" Of ;tact iio. 797; thence -.:ortn 170 361 East 224.00feet, more or less, clang said prolongation and Scuth_I easterly line to the point of beginning; eontaLntng 1 o;acres, and being shown as Lot Twenty (20 - upon.map filed in Book 4,; pa ge ly of Reoord.of. Sarveys.of.Orange County, California. Parcel 21. (Property of Frank A.'Forstet) _ 3eginning at a point In the Southwesterly line;of the Atchison, Topeka and Santa iz 2allro3.d Right of 'day, said point being located 405.93 feet South 55� 05' 3G^ East along e.t-d line frena tae gortheaet:'eorner of Blook.^C^, Tract No., 797, as per Book 24, Nage 11, Uscellan-;I ecus aps, Records of Orange County,':_California; thence.South 550 051 30• East 15.93 feet along said line to the beg!nsing-of a ourve concave to the Southwest and having a radius of 2914 90 feat; thence Southeasterly along .:aid curve 390.00 feet to the Easterly live of the first parcel� of land conveyed to John 0. and Frank A. FoisteT, an.;deeorLbed in a decd recorded to Bcok 155, page L61 of Deeds, Records of Orange County, CallfornLa; thence 3Oath 00 151 45' East 141.00 feet, acre or lesu, along said Easterl- ltne to the line of ordinary high tide of the pasltle i Ocean; thence 'Northwesterly along said high tide line 417.00 feet, r_o re or less, to a nein: t^ a line So-.ath 6' 301 West thzougn the point of beginning; thence ;orth 60 301 'east 130.00 feet. - _ ,.ore or lean, tj the OOlat of beginning, and con ca LnLog 1.1 acres, and being eco0n as Lot Twcoty - ' (21) upon nap filed:In Book _, page - of Record of'Surveys of Orange county, California -SLTNISS toe signaturea of the parties hereto the day and year first above written.', Cko " Frank Al Forster Ada 3. Forster s l7 First Parties. Orr s i �I �Jxliy John 0. Forster "r,io-4 dab For e r t y P4LtLes.'� �iK,7� d � i W P x� lp�.a 1. a 84 Omni ,State or California, .. as. On this 6th day of October, 1930, before me, A. R. 2utan a Uoo.arp County of Orante, ) pablic in and for said County and State, poteonally appeared Frank A. - �Foreter and Ads. B. Forster, husband and wife, known to me to be the oersor, whose ramex axe sub- sorlbed to the foregoing Instrument, and acknowledged to me that they executed the a!.e. I .1T:IESS my band and offletal seal. A. W. Ratan Nota;y Public In and for said County and State. iSta.e of Callfornts, as. On -.his eth day of October, 1930, before me, A. W. Pusan a Ntotary ;co=sy of Oranbe, ))) Public in and for said County and State, personally appeared Joan 0. Fo rster end Sae E. Foister, jusber.,: and wife, mown to me to be the persons whose cases are eab- sorlbed to the foregoing instrument, and acknowledged to me that they executed the same. dl TirEBS my nand and official seal. ! ((SEAL)) - A. W. Rutan Notary Public In and for said County and State. - - I Recorded at request of Attorneys Cot, 6, 1930 At 15 Bin. past 2 P.S. 1". Book 428 Page 75 ::cla1 Records of Orange County. Just.ne 'Whitney, County Recorder. Kabel Wilkinson COAPARED Lable Pruitt _ 000 _ _ _ I 27912 t GRANT DIED (CODE. DEED) G.C. sec. 1092 4ROR TETEll3IA7 and ETT't TE-,EH' , husband and wife of the City of L0 Arge , of the -7. �Coi.nty of Loa Aogelea, State of California for and in consideration of the of Ten Dollars ; the receipt whereof is hereby acknowledged, do hereby Grant to WILLIE G all that real property S � slinated to County of Cran_a, State of California, bounded and decor d as follows: - The.Southeaaterly ane-hal: (SE'ly),) of the douthwesterly half (S'811y�) of the 6outh- �Ieascerly one-half.iSE1Ly}) of Let three Hundred Thirty-one (;3-) in Bloc, Thirteen (13) of Ir- I(( _intlago, and F11nt and Blxb7�a Allotment the Rancho `A Nine's Subdivtaon of the Ranchos San J,aqutn, Lomas dew set Lago de Santa Ana. : (Subject to the reservation of the Northeast3 15 feet and the 'torthwesterly 3.2 feet of the heretnbefore deeoribed am?eity for road par "see.) (Subject 91eo to the reservations of a Southwesterly 33 feet thereof for road purpas os.) 1Subject a.so to rlght's of way of 'cord.). ° <; v (Subjec` also to tc:-�.cc'o=a:.ces•Ed 'axes of record.) r'. 7l2t:_S our hancu titsday of Janvary, 1330. Aron Tetensan u Etty retenxan ' Sta[c of California, < J bofor^ me, the under- .ji. as. On chLs Thud day of January A. D„ l�j' , (� C1.1.nty of Loa A,nbe1 ,�. signed, Lc ale Sherr a-No cart' Public 1❑ and for said County and -{ Seste, peraocai' aopeared .irontec:ean known to me, (or proved to rte on the oath of - ), to be v_ ru ono ere1tocrlbed to 'he within L-steam en=, and snit ex'_cdged to to '.ha: "..y I L,.am3 at�'�,::'r.-"' acre unto act myy h hand and sff Lzcd cy ofktclal coal sac day aha [' x,a?ibS 'ti en n- t floats Lrasoote.wtth ie 1' ft .ti �LouIa 3horr� �lt uta rt' 4uh io ( - Lot Fcur.(4)- Sn Block Seven (11), of Arch Beach, as per L'ap reco-ded 1n -look Lot one-(1) in Block. Eieven,(11) of Arah Beach, Plat 1 as per.L'no reco n Book 24'. Page - ' -29, of L'lac: Records b! Los Angeles. .unty, California. TOGETP-Mmith all nnd;l.N;ular the tenecents. hereditaments appurtenances the^eunto belonging, or 1n wyaise rppe^talning and the reversion art " _versf.onc, rens:nder cad .,;sunders, rents Issues and profits thereof - YAV�'A ID`TO HOLD all and aindular the car crises, tpgether r.1th the a nurtemnces, unto the se13 parties�0 Lha second om And to their heirs and assigns for. ev,.r. ' a . IH T' tv33nf°3150 the said pgpt of the first part has hereunto act her hr.nd and seal the day and yea. first above nr�1, on. 1 r v Alto A.-Bnl: ey STATI:Or CALIFCR?IA ® County o Loa Aneeleatt)s`t x Oq tjile 20th day of Jenii^.ry 33i., 1541, before re, Maie R ml.ud -'1 } -1 s *�a'�N�d ta'i ,Publlc:.in ant ;or said County and State, personal?! appenrca Alta Ai s eye,lgtomF, to ce (or proved to:.aa on the oath of _), to.-be the person choae•ynaae Sa crlbed+ o+¢•the �ithrin Inatrunent vand acknowledged to methat she execu d the 1 ti t, -, 11f II{ WT-NESS:TI�i.,Or i I':Have her+un to set qy h sd and affixed my official seal the 1 day year in Utls certificate PS` t shore It'en IIeia H" Cloud,* Notary.:Public '_� �3, ?"` � ?} Era +'� f ttF a and ion said Count! and State _` xa� a^,t,,z,�, ,k x7 Cocpiaaion Exoireo L*ny 19 1942 t, �, _? 1630 R corded na'Reque`at of Alte 3 Balzer•at 4 rip past 9 A-v Jan 21 541 e s :{ r t 1 z +r�„ZAh ,s } •� _ s Rub! ..eFaell rlan8 y:-r r Re.aor3er4 ..`, t 'a r `+s` r^'':e f r+ ::,' r �°'^r Ji . , 1, f•: ' "• '^ Jcsaie'Hutenlson.i CO3.L'4?'D - Dorotgy 1!arvin x 0", /)_ `.� v`f' >` 16� ° ti; a r i ' RIGHT of vAYY N + i .R. •: 4 She' J Ih �' V b ) ll. 1 I( IIARCO'F'FCHSM t relnafter cn_led."th2 'vrantor• far and_in censlaez^ati of the aaa'oP- One Dat la ;y'�and otne, r{alu " eoeived `'di hereby:grcnt- to the inn Dle,;o •Consatl datel Gas E Eleetrie Coanaity . a coma atlon Sts s cez sora and, assl ms,',herel rafter cal. ed the 9G an ee°, -the rich -.lease ent:cn arivlleid oY nlac'_n erecting, constructing, rapa`r- ;urgC .; . Sn� r p1 ire rr.�Sntain and usi�sgiYor t2•a,transaiss on rad dist Lbution oP elec`�^inity ro an _on nit auraesea nil�c(rl;her'`ith F"`'g lino 0 oie �vitl{tA +es su Wended^Le^eou aa3.�Ir -y- :, r r , pea ssa-y#ane i^opEr i hor'" e', a oeaarn syeand. ees and rOihe , fixtures, for uae In , S i`- Ras. na.x€ +us 07 C-1°hs r� <•n� r '•S - ->'0 a r xilk �''>s '.> cornet L'o-r Lherevitta toSetHcr alth ithe r oil oY Ittd eas-,the etc nri3 ee acs there rima to a d �= along lapid tLnei or and%acrosa the'Grantor+s'""land.nituute33n�Lhe�Ccunt! of:`C-h^an_a, SCste _ Calitbrnia and acr pa[ticularl ,de_scrlbed:.as Sollovs :^'tat certain po t16n;o Brnrno Bnca de N In Playa as her p they°cot f+1 d in Bcob 4,�Pnves 135-119 o Patens 9ac6rds of Loa .'+..aeles Co may Ca Sfornle ccnveyen to 7arco 0 orate and Ell zaoetn Forster recorded in A ` Book:356 'at pa-ye 70 Offliozal Records of said:,Orengs Covn ! beim,- also st=. as Lo ,ipa -r (S) -onytrora p.Ylle�t in 8rok •t at osga't5 Records,oP Su;-vera of_:arid Or.nee Co n�5 ::b + ;z; -. s r ' + 2td•rcuts;oP3said line'of'noles and aires'ac oss said and sha1L be.as !ollnns j5 ' nog1.^ein at"Stntion 441 pyre 55 35 on the center line of, the Sta.e, H1„h ay far shoan'nn et_ d Recoru of Survey Lap th nee South-Fifty elgnt. (55)7I* grace (GO).SSoutea mast one Yaou.�1 ^yhty one na_Six en hs�(10o1 6) ,feet theiea 1 r}+t aecentF nlre:( 5) De^ees Fifty-tso (52)�1s nt es tie s+r iundrea SixtY-elght and S xh .r•t'rs (665.7) feet, thence Itarta S en.! lve (75)- De�reea Fort! Tour (44) iiinutes F�net ..sea Hundred Fogy-te'o and 5 < .en S`te (342.'6) feet. - 'he rantee,Is also rrreby erante- the right to trim any treed along said line of noleh w x:h ea enever ennslde_-zd by it ne.c r• for the nra9 r operation ce of r1.-,a:a he y i;rnns d N 33 �!} 4,.De he Grantor e ca ed the e p e3zen' this.14t. dry of 37:..e. 1040 y - _recu*ed fin.ithe Pr sante o xarao c Fers.,er e 1 $ r �;i,011*jer. Ones Jr .Bitn ass t c t 4_ t Qne }.el by CD - Sketch ]to. V-1-2 -_1" • 'nom FCc.:S - GF CIIILTII7,:!iA :.•`g - Count} or n,n DL'o .. '•.u'.'in• )ss On Cx•Sa 111Lt an a JuneA.D. t Lp C o e } Qi a y Pu lIc in and for t- said County nd t,t sldxn 11 tner!J dgly#cQ d,xlasl;oned and scorn, ersorally n ared C i er ai,:y0xxen Jr- , +Warn ttry.to t Y } I IT L :'t 564 . . t, be the nerson whose none Is subscribed to the within Instrument, as n ^l tneae.thereto, who - being by me duly sworn, deposes and says: ..sat, he resldes in San Diego, California,;and that - he was preoentand saw t'dreotiF eor ter; personally known to 'amto to t`•esane person whAea name Is Ss subscribed-to-the wtth'r and anaexodr Instrument ;execute and deliver tte 'ams, and he - acknowledged to said affiant that he exeouti.4 the once- and that said of last subscribed his nave thereto as a Witness. IN WZT;lE33 Wf{yi CF L have hereon o'set my hand and n^:Sreday_offloiel aerl .i. the day and year In this certificate firgt writtan. - - R. S. Ruffin Notary 7ubllo. 1n and for the Ccunty'ot San Diego, 'Stdte of CaliPorala '• x My Cosasslon Expi es Lny 20 1943 - r w � 1632, Reeorded`at Request,of Sun Diego Consol. Gas E. Co at 6�aSn past.9 AM ' 'Jan 21;: 1941 in Hook 1072,;1?oye 563 Of cal}Records`of.,Orange County California Ruby McF.rl-nd, Coun;Y Recorder. Jessie H1fchhao1rC2.ARM -Dorothy Earvin r -Fig�e7-fllasi7 t' 'OP CQpLzTZQ`i ` Mere- e ItnAItt `Ze^ Qxmeof-, erty he^e fnafter:deacrltied 2 L'y Tu11 au•3ra a is 315WOTth Lois Street, La Fxbra,' Cn Ifornl4' j A work of imro eman Son said nronerty tae Co oleted on the 20th day of . January, 19 1 f - j4 ^.:e nage Of the Cont aotor,raf any for such wok of imrovement was Ra , t �: r• C'9ie nronerty on filch said wo^$ "oP I oproverient.was cantle ed Ssan of La HF.bro Coun.y. of Cranga State of; Callforr la end Ss de iced as follows,.: /.y 'ha Southerly 46 feet of t.aat no tion of the for h o%e=mlf (211) the Lortn= K' east cuarter (1 1) of the '6u hreet ouarter (SW})jot the Southeas guar er (S bP Sa tion- " �i. rive (p)-; in Township Three.(3;; SoLth -Ran is w 't § a-. y 8"� ,��(10)iWes San-2e-�n1rdino ,�1r a andx7t�eraaian x���a x2 s� �u --,;in the City o* aa,Sabra County of Otinee� fiGate b Ca Ifo n Sa desc Sbed at �follonwe "® 4. ,k-"KS 9 A .r a�£egioning at th`e Scuthwea� c"�3•�r S;rthe Sabo xi - t r s ei q4 i( )t;• ) of .he.Northe%at quer er. of the'Saa ywesequarter ( .) of tae 3�`theasff;,qu�ax•Yer ($..}) ,; 1 1_- runnln thence East Frly along he Scu h�llne of said :act; 142.36 fe to the iTesterlyllre of Loi$itre et thence Sior�herly parallel with he Westline,a'-sa'2 $•ti,93 fee t tlsence- -a tt o.e_ly, onra_1e1 with lie Scut% line of ea13 T Roe,_142.23 feet; thence Sou taerlyralong, the neat line of said Tract, 93 feet to ae nlace;of be„inningk y : ra r t , + Anted t Se 0th day of January 194. g �� r ±n ` _ '`i- Signa oro ofaf x4 x! RobertlE tiller,'_ a F f1 F - Owner or.Owners-ts( Oeq ge Vlole ' 111 r �', S CS _CALIMINLi ) i nun y of Jos Angeles )so. Robert Siler nn sbrge V161 t tt ler &,i-t' tein3as ora -shy t t'•-;a c hc.o eaa '61':the lane described ,Y�� f} AFL notice; thatt they hal+ rn.vl the so: and snow. RE Conten t3 thl _..O-, 3n t the .1a9 6tatid therein are true. - ` Robert E 1111er Oeorao Viol 11c 3•J?SC3IDZD AND 5-1CAlt too re %e thIa cot ' day of J inr 1,41. ® t; } y" y ohm C. Gibson Notary Public(Cringe County Seal) d f> sold Cr, ntv and S` t ty Con:dssio% 1637 Recorded ntfinest of Dank oT America.'{L% Hatra, at 11 nIr , oast o Jan 21, '1941 an:Donk 1072, Pz�� g64;.of is at Rec rds'of O:rnge Countv, Cnliforr Ia uLy�: f7Y � ' .c rq Gln d,.Cnun ejAec6rder: • 1 `� � ' -:f - - Jes al_.ilia'Casson CCI: A. .,O D>roty "arv'n `• - oo c - �yy�y3�'bt'LJd"� r _ I i 12 5 - 19 50 TfEM# 3 eua2si0 X407 57879 = GRAM mm - - In ccreideration of Ten IYhllars, receipt of which is hereby s ccac fledged,- :WRCO P. FOR.37'e2 and ET.?ZABOM J. FORSTER, husband and -!iPe, do hereby ;ren. to-JA3-mg E. SkRVEY, a carried ran, as ua:lvlded - One-half- interest as. his eeparate oroverty, ars LONA ROS3 HARM, t1e n•1fe, nr. undivided one-half interest an her separate ;so_rerty, �allthet real proi,erty In the County of Grange, Stace of California, descrltec, as:. Parcel 2 Co..,..'neing st t:fe 1`:tereectiod of the 1:ortheaater2y'11ne TY ce -ra±a ,ercel of land de .ribed as Parcel ain the dee' rec._ded octoYr:6-.:-;-1930 in '-eoo:: fila, page '15of Official Recon ds, with the cen- ter T'ne..of ',he California State RighWAY (100 feet-u:de) as descrl'>ed In t. e'"+c 'tolai? ,.eel- recorded-Dec_eaorr-2'jth,:1G!4rr la Book. 12dj, rege 4� 'Records,- =ence Sonth 35' 49, 02':Vest along the cent-er-li[je o2 >_1& _ighv:,7�3LU-93 -feet, tha nce leaving Rai_ Ri h� So+uth 20'; �.� :a:•t i:. ' 32.O1 fee te:the. most Southerly come of the, tract of 10.575 scree I cony icd-b- eco.F. Forster and rife to Cl-are:ce R. Brcun by deet dated-: .147 and recorAed December -loth,. 1947 in Book. 1604; ' Y'+ of Oftici.l ?ecc_n19 Bence-Forth 47^ 3?T 20' East alo-u .t;ie Bout a 1.- ' 2. -"a of said-lw.^d con-eyed to Brown, 119 S4 feet; thence continuing _lc.g - Id So tY.erl line,and. Its Easter]- extension,. South 70' ?+' 40', Ear }� _jL.05, 1'eet to a aa._it in the Southweaterly line of Parcel 2'deseribed in 'd z d tc B-- r.., 3a+c -oolnt also 'Telco• the =us point ef beglani a £ ; - �- rc - ;-cereln described, said - Int also-being t o ortheas..er's of :e '-E.7.3 acre ':F=el- 3f ids.on-a Licensed Serve ar•3-tea +'Led' : 21, -e 41 of Record of Sv-ve_3 1r the office of the County .e- f:. der c: an_�;e Co.aty, California; thence Prov sai' true -oo1n` of. b L- - T Sost_ are.ieaterly aYea.erly !I_ne=- of ?3rce1 c described in Ij leedto Broin:, Scut: 76' 241 40° East 2y1.57 feet; thence Sat . 254 . �, ; ' • Ea-t 222.3? feet; t'_ence Souza 5' 07' =±0° ._-_t 597 47.Pee,,, ace !es terly-line.df_Parcel'2 described •1. eaid deedtn'Brai� 7C� 2G' deet TOO teat, t- a .ce arta of 30T fa t.t6 +'re =-os* 3outneas er1,*;coraer�o*-said 1`,.773 ac�g +parcel w' ce ..o, :'._,,7e ,0* Es3t-_72j.k.9:Pz * �o `the tr:.e '_o'rt o£ be i n o---.taL +rg Q.167 acres - .-._, - e >rr!- e_'.an en =divVed I /1�J _s 'merest i .Q. o -e ori.;, ?e c-:..bribed:as follors:'-Beg.n. ±r.:, at the'coat Fan to ' „_r- r � _e, - cf r£2'ce; 1 of t`_ lad ileac ibed. is t'.:e deed to Lerdell f -I^C t4a ^ecordea December_ 30 » 1947 1--c Book 1693,�c�a+,e 29 of 0 1- cin-1 iecora<, ' ence Scathrfi•;� 09' .O' 'est 150 fees' tete ce ortf b7a �J' _40.2k..feet; erce:l:o th 7* 419 cO• sto 92 £s t, tierce+ rr �.uth 7 o i,;, 409 Ea]t 76 4to:.Peet; a:. e ce .or"a.156 1�51 20r::ra-3 1'3 , e - Olnt oL begin. inc,`-thence- -orth 15' 4�1 209 "Ant 9+ 5.'" + 's ti .ce -.:ort3 7y TY'..`*9' i.est 19. 5 fee,,; thence Sou„h, 15.';;�' •�.."., rt i' 9r,;,5' -feet; .ence So�ith'V-0 14 ';0•- =ast to `,he poi_.w-bi;begir-ting. Reservin, as•ence_,ent:"for road,,pine lines, poxer 11t,es,-.etc -plo: ,.,x c.er;-n strip c land 20 feet In vieth,- the center line of-v+hich-ia"• cs:.cribed as fcl_oifs: Beginning at a vAnt in the Sout_:uesterly lLn,e of . _a1d 2i-cel,. _aid xint.belrg Korth i7' '0' 2c• Fest -12' _feet, froh -:he ]at Scut.`.erly corner thereof; :.ence ibrth T -1' 20 East 79.e') feet; 1:'.erbe ::arta 9' 23' 2^.• Eaet 220.33 feet to the begl.-^Ing of a eea•re cc--- - - cave ,o ,,-,e .Cat =,e iavlrg a central argle of 73' 4C' and a radius of '0� feet;. thence !?or1 wests:ly 'along the arc cf said c'n•ve 126.57 feet; an- nce ::Ortho' 1' t ','L• ee at 15C.7,; east; to a point ln_tae Westerly .. 11-s of Bald cancel. - -�lso eservint; zn easeaen; feet is width for an u berg_ mater 17e 2.1ne, :the center line of which is described as follo•.re: ,3egSnnLg Y Y can2110 Fw408 at a point in.the Southwesterly line of said parcel, said point being -- North t7. 306 209 vest 249.40 feet fro& the most Southex:y corner-there- of; thence North 39. 52' 500 East 22.44 feet; thence North 15. 450 204 East to a point in the Northerly line thereof. Also reserving as eassaw:at 6 feat in width for an underground pipe line, the center line of which is described as follow.,: Beginning at a point in the Southeasterly line of the reservoir site above excepted, said point being North 15. 450 206 East 37.03 feet froa the most Southerly corner thereof; thence South 740 141 40• East 22.32 feet; and thence North 83. 470 206 East 263.28 feet to a point in the Easterly line thereof. Parcel 2. An easeaeat 6 fest In width, to bi used in coasoa with othersT ccnatraot, urs, maintain, repair and rrplaos an underground water pipe-line, the center line of which Is described as follows: Beginning at Station 455*S in the center line of the California ,- State Highway (100 feet wide) as doss :bel In a ;ni.talala Deed recorded December 29th. 1944 In Book 1287, page 462 �f Official R•oords; t'seue South 5r 4V ',5V East .;6.0o fast;.thence south:3555• 030 466 East 565.46 feet; thence South 3E• 380.<28a'East 1175j 64 feet; then** North 19. 240 Ea 204 ati34:38 seer; thence North, 390 52' 502East648.6E feet; thence North 15• .+50 200 East 67.03 feet; thence North 74* 140 406 vest 22.32 - - feet to a pol-%t-in the East-.line of the hereinabove described reservoir site. - Excepting that portion-of said easement lying within Parcel 1 herr inabove- described. - - - Paresl 3-. an easement for road, pipe lines, Power lines, eta., to beuse'dTn w a with others under and along a strip of laaP 30 feet _ In width, the center line of which Is described an follows.' - . Comaeaodng at the intersection of the Northeasterly line of that certain parcel. Of land described as Parcel 8-in-a deed recorded Setobor - 6th, 1930 id Book 428, page75of Official Records with the center line of the-Cal}foraiz State Highway (100 feat wide) as described in the WSt- ' claim Deed recorded Deeisb4r 29th, 1944 in Book-1297, Page 462 of Official - - Recoxde;:thence South 350 490 026 vest along the-center line of said High- way,-,341.93 feet to the true point of beginning; thence South 2C0 440 East 432.011 feet to the Southerly corner of the tract of 10.575 acres conveyed by Narao F. Forster end wife to Clarence R. Brown by deed dated October 21st, 1;47 and recorded DIde&ber 30th, 1947 in Bock 1603, page 411 of Offleial Records; thence South I00 260 400 East 251.43 feet; thence South -210'290 209�;Vast 634.52 feet; thence South 279 591 506 vest 586.56 feet to Chs:Degintiing_of a carve conaare to the-Northwest having a central z- .:;'axe1,4.4 "11•:,�7� 'and:a`i�adin's'of 400 tee%,,thence,in a Southwesterly.;, --direction';alorig the aro of the above aentionel-curve 92.26 feet; thence" Soutd 39. 460. 500 vest 102.53 feet to the begln"Ue of a curve coneava'to ; the Southeast having a central angle of 2S• 161 500 arc- a -*di-ia of 200 - feet;`-:theme Soutbweeteely-and:Sout'lerly &104 the are of the above Men- - Honed curve, 98.72 feet; thence South n* 301 -006 vest 136.18 feet to the:beginning of a curve coneace to the Northeast having a central angle >of 83•. 000 028 and a radius:off. 100 feet; the..ce Southeasterly along the a",,of-.the Above: meationed curve, 148.35 feet;--thence South 73•:.30 ° 020 East;l4j 68`feet' t!.enca8outh 85. 000066„ Eaat 401. j-feet to the begin --' ming-ofia curve ooaoava to the;.'north kaviag a centra angle of 23. 07 545 �. --and-a radius--of 300 fact; thence in an Easterly direction along the are of the above_sentloned curve,-121.12 feet; thence North 71. 52' 001 Esaf 239.97'fast,to the beginning of a curve concave to the Northwest having a central"angle of 54. 000 Us and a radius of 150 feet; thence is a N*rthetat9rly direction along the aro of the above moatlonad ourve 141.40 feet; thence.North 17^ 511 206 East 212.13 Teat t� the beginning of a curve concave to the Southeast having a •.oen'Lral angle of 360 48' 306 and ' a ^adius of 15n feet; thence in a Nor;hesaterly direction along the ase of - the above mentioned cure 96.36 fest; thence -¢orth 5'0 39' 50' E+8t 91.23 v feet; thence Ncrta 62. 38s 200 Eaat 93.90 feet to a ;pint in the Seutharly line of 2arcel 1 as described in the deed to Wendell S. NeCracten and others, recorded December Toth, ?947 La Book 160„ page 293 of Official from the most ieoordA,-.which bears North 59. 191 P00 Meet 167.89 feet x { w2110 w4M Sou•herly cc ner of said land conveyed to NoCraoken. _ The side lines of the 30 foot easement being shortens Q or ertended so as to terminate. in the Southeasterly property line of the California State Highway and :o terminate is the Easterly end thereof In said - So-itherly- line of the lend conveyed to XeCracken. Reserving frog-the above described 30 foot strip that portion lying witain the California State Highway. ?areal 4. An easement for road, pipe linea, power lines, *to., to be waedTn ooaaon with others, along and under a strip of land 20 feet In width, the center line of which is described as follows: 3aglnning at a polatin the Southerly line of Parcel 1 of the land conveyed to Wendell K. NcCrackea.and others by deed recorded Djssnber 30th, 1947 in Book 1603;;page 296 of Official Records, which point is the terslnation of the center line of.the 30 foot easement above described in Parcel 3; running thence North 620 369 200 East 12.40 feet to the be- glaning of a curve con"" to the Northwest,,having . ceni angle of 210 59' and-a radius of 300:feet; thence in a a Northeasterly direction:-alone the arc-of the above mentioned curve 3.15-10 feet; thence North 4C' .394 20- East 205.36 00East-205.36 feet to the..beginning of a-curve concave to the West.having a central angle of 320.582 and a radius of 200 feet; thence In a rortherly _ .direction along the are of, theabove.-.mentioned ou.-vs 115.08 feet;`.therxe -"Earth 7°' 41' 200 East--178. 7&-feet; thence North 90 232 200 East 220.33 feet to the beginning of'a curve, concave' to ;he West, having'&,central' --i angle of 730 401 and a radius of 100 feet; .thence Northwesterly. along the are of unld curve 129.57.4f eat and thence, North 640.-162:4,0• 'test,150.?6 feet. ` .Excepting therefrom the portion-thereof included in ?a_^eel� i above describe^. - Dated this 3th-day -of October, 1949. x5' Grantees he accept ,this-dsad-and'agres that the interest,ac- >. .:,quircd:by .:AYZS E. 2ARVEY hereunder.ie- hs-separate .proper ty,'ehd -the interest acquiredbyBARETTA-ROSS HARVEY hereunder:Is her.'aeparate •CIGi , � v P.3 C0RDBD AT 3$bi2Y 0? �c2110 va407 ;tnncri as3oeng ` ny- ; rti; M1 wi ry r' dry Wly•�9 902110 9tsc410 STATE OF CALIP0 UAJ ss ;. CW ITT Or O:i11t3E On this foW dry of 7.10 _. 1950, before ma— a Xotary Public In and for said Co:mty and Stats, person". appeared XARCO F. FORSTER- end" 5LILHLfB J. FM=M, Laovn',to-a4 to be the persons whose nares are subscribed ttr the foregoL-g instrument and acknowledged to me that they executed the ssae virIM gs 4 haLd sad official seal. r f„a (SEAL) 2Ie;Am Lor ` - County..and State: " x i � r; :. n t { 'i CoommtyRetarder..3V y .s a. 4`rt y 2 . 4 _ mbe; ' e .-•--;--3 'l9r.S + �:a tr '�. Tho. m Mie, Ae asdebadsua l[6O ed by ACC aDKj Oj TIW mOdC r� f 4 F' S}' TL s i it..rN �t •r•4" v . i ABSTRlCT 4.5 LE CLAXAMY C011PAF1,, a an<poreCe4 7 •Sala Au,Ca6[ws<y "rr11 10..: dPri n:,•r ,. ..Aicsae,Ye '12665 ;� 2000 Pc6_. 107 e[O(.ad Re<tr<da.as is efioeof " t de C---Y Asan .o[OrAEe=CamuY - .w 6rea fay P:ds nrp&d. • s - vtf a an ccs-dderasoao desadA CT:SNb7T7LECUARlhTY COYPdKY.,yr;T 1, ' ��ss r " ,,T.ari{�doe EveBf revu+t:.dssie o,d recaeott}_ i+e yare�e<prioxi k;.r7T matt iseera,"++'+ fi5{ k'9,.t:z, ar(thi date.w tde Pr2+un doo.3<d N rsd Deed<f�+4 i 6..vd AB1TRiGT'A.YDTITIE GUAP.d.YTT � x COVPd.ST'v Trecee,r<fwrnre-beu:a dcebY vote ra. 'd of Trust ml toe sued raved yicnf[or pw- r : �7�ueaf dssnrAef r.rs e i NTY CO4Pd tY+e,mrd+ir+t p•aon f WY ri6¢ed 61 ua du7D eat5orrxd o�<or +4 <er the daD aad yW-:�Fr#a5s.e - - ABS:Rf D UARSYfY COYPSYT, Rr-- STATF_ OF CALLFOR44. b,' me uw a 1 omY PrlJr^iw mad mi Ca yr and St<1S rnrds6 cF<rr:y d rY mvieivran_-d sad nary Der 7?Df�^d c5<-eriPar.m "esKa�ed tie a:r.Sxa+r1✓rmc+t. .xi been to n< to 1e 1he p<'rsoai eara/<d fw.ivFw! Fsl/ef_ih<cw verso q thcrdn,.erud,asd c:6sc(<d6<d w"m< rAa.red Pare..ea . �d:!ntza nrka-.l� u�<v!xzl. � � ✓;l . a ...fees,P.W.L: ' a_.I far A iU!' a y+mD S Cm- � ty h � 'A�� � �i � �'" .,y{�tS+ ''+•li F+" ' � ^' , x r '£- . , i �br "' °+ rr ac zti�rtzl� h° :if« . .,., W.i!n V\ 'F fLu....GIL•TTM.^!lM ''r I- "M1 T J �ST S'a 2711111 •>-N��� � .�' v fl Ll<L 1 kI GWR ///JJJ333 Y. \' Y i+" a •. =5;;. ` F �_-...a_.__f� :• ..'+.✓ is 4`Ft _= i •�n:,� � �; .b'G—•` ' is \ tl i ^akbQ rn��'Y if of 1 O, w nGlNj �. tGenwrz' E +4 `��n ..... :x ...• ` .••trl � n •.t •,= v(y i�ij� I \. 1 Q �N „y`J../ .�.. .... ',r J r 9i i;a YL IL ib a¢�.A� O � ��\ , •�ft i a; .. :e�s.,.i jc" j�� ^A N n Y'0 ry' a �; �/"./.. k `ab '..•..�,e k, �t Qf� } .:.....1 -+ ....,. .`'::>\�ti'7 +n .a OI` <g C Wr .fJ.'',1 �C '���y� '` 'V�• c.+ P id'+,.A'l.�r.w•..I IN'. �iwrr �, 3T` \ I E`1 1 ^ ,l A \ !U /.•1• t "_� ..r^1..../iO/.r..eiie�wi"r�.na..n�.n.+�• _ w w.+ _ "This plat is for your aid in locating your land with reference to streets and other parcels While this plat is believed to be T_ '- - correct, the Company Assumes no liability for any loss occurring by reason of reliance thereon." rte . - EM-) LawyerSTRIeCmpany ,� :auawwoa 110 t aged tti'6Z xopduosaa p; :JGPJ 41 - -- rrEM # f R s a � / RECORD OF SURVEY D OF A PORTION OF LO"8,AS SHOWN ON RE CORD OI'SURVEY I IAP 4-15 ANDAS PER aa: DEED RECORDED IN B)OK328,PAGE75 OF MKn OF•ICtAL RIXORD5.011ANGE COUNTY,CALIF. " 5®It r 1 in,h<150 At /✓s' O 1 X,a e4A a Th?6e+r�adh. taaHlghwaa (a 11 -1 S.11yin99 iMd44 b..it ine k�^� dlp+J S. Me td e,a.,Duud , ee+nn9s Mevn e�thi+m+p. N Mn O i d yrWaa f q7.}I ia't. 2 V 0. ;1 ` 1 3/Paas• `� I N � O o +ah uPrirai ::2 N N I � ar i •iforge E.J3 mea § 'b « b yr ap. I I's", i .e eneea P.Jlnes ; I N ro (•N. ++"'ata/ 1 /f 14.773 A:. a Jemp EHervey Yn L " x•. �J. / 1nrcNa Ross Harvey I O m 9.187 Ac. c m 5 � � DETAIL a sJ • 0 t / I T su 1'rtr.Y PI N •1 Y 3 � a Wendell w ri/ ia Helen V.M-c,a-,en gP•4-_._r_+cn a w, fp•.p Pd M1'r'a j 0 'a 1i.17OAc. m V a al Manor F.Fon ter `� j4o �� O N Elizabeth Fon ter ( -" zdn"nn 5,E 19.511 Ac. c rfify chat I am a lhrldd Civil Eng;neerothhesrale of Wif4rnie. a d u ears mw sadly reprtaegA a su y 4 V dg y°up&N;siandu,�inq fAe nth a. _ ��;'y, o-+i m'i' °j31,,. of July.la<9t and that II f The amass shown �., Mreon artuehly e+isf end fheir Posit cns F `O q.S 2 ,--f air-<dly aho n. o Cv a.4_ulyP. .'_. da t6bp,i.911,'- _ _ ___ �a 1,04. Examined and oppreved lTiazB!sdny u{_Jal PaVI D Hoamen P.ene T.HOPman .°^i,M1��aas,"rW sip,p...n..n av o frn _ __ JI,LY 1909.N4P. 1 rw , f1-23-.f959„ lrEMM -#--5' y9�� � yq '--r,484 w448 134672 DICIIRATION OF COVENANTS AND R18TRICTICt44 IRE M, JAMS Z. HARM.AND tORMA HOSS HARVN7. are the owners of certain real property located in the County of Orange, State of California, more par- t1cularly described as follows, to wits Commencing at the intersection of the Northeasterly line of that certain parcal of land described as Parcel 8 in the deed recorded October 6, 1930 in book 428, page 75 of official Records, with the center line of the California State Highway (100 feet ride) as d" scribed in the gaitclala dead recorded December 29, 1944 in book 1287, page 462 of Official Records; thence South 350 491 020 Hest along the center line of said Highway 341,93 feat$ thence leaving said Highway South 200 440 gut 432.01 feet to the met Southerly corner of the tract of 10.575 acres conveyed by Warce F. Forster and wife to.Clarence B. Drown by deed dated October 21,-1947 and recorded December 30, 1947 in book 1604, page 411 of Official Records; thence North 470 341 200 Bast along the Southerly 11ne of said land conveyed to Brown, 119.84 feet; thence continuing along said Southerly lino and its Easterly ex tension, South 760 241 400 Past 876,08 feet b a point in the South- westerly line of Parcel 2 described in said deed to Brown, said point also being the true point of beginning of the property herein described, said point also being the Northeasterly corner of the 14.773 acre par- cel sham on a licensed Surreyor/s tip filed in book 21, page 41 of Record of Surveys in the office of the County Recorder of Orange County, California; thence frost said true point of beginning along the South- westerly and Westerly linen of Parcel 2 described in said deed to Brown. South 760 241 400 Iist 291.57 feet; thence South 250 511 401 Fast 222.39 feet; thence South 50 071 400 gast 597.47 feet; thence leaving the Westerly line of Parcel 2 described in said deed to Brown end running South 490 591 200 Went 100 feet; thence North 670 301 200 - West 617.44 feet to the most Southeasterly corner of said 14.773 acre Wool; thence North 170 081 000 Fast 723.89 feet to the true point of beginning, containing 9.187 acres. Excepting therefrom a reservoir site described as follows: Beginning at the met Fasterly comer of Parcel 1 of the land de- scribed in the deed to Wendell K. Y&Cracken and others, recorded December 30, 1947 in book 1603..page 298 of Official.Records;-thence South 490 591 200 West100feet;:thence North 670 301 200 WeuV 340.26 - feet; thence North 70 411 200 Past 9.92 feet; thence South 74°.141 400 Fast 78.48 feet; aid thence North 150 451 200 Peat 30 feet to the true point of beginning; thence North 150 451 200 Fast 94.65 feet; thence North 740 141 400 Wert 39.65 feet; thence South 150 451 200 West 94.65 - feet; thence South 740 141 400 Fast to the point of beginning. WHEREAS, the undersigned desire to place certain covenants and restrictions on said real property, and each and every parcel thereof, as an obligation and Charge against the same for the benefit of each and every other lot owner in said tract and of the owner or owners thereof, as a common plan of restric- tions, and with the right of enforcement of sold covenants and each of them vested in the owner or owners, of any one or more of the herein designated lots Sn said tract; NOW, TNatmsvwv, the undersigned do hereby, as owners of the aforementioned real property, impose on such property, and on each and every parcel thereof, se a common plan of restrictions, the following provisions, restrictions and Y covenants, hereinafter referred to an lcovenantst, which shall apply to and bind the undersigned and all parties hereafter cqulrirg title to any of said parcels, their heirs, personal representatives, and assigns. The said covenants are as follows, to wits le That all building sitea in said daeeribed parcel shall have a net area of not lose than 20,000 eguare feet, and be Io:own as residential oites, and no building. structure, or improvements shall be erected, altered or placed or permitted toremain on any of said residential sites, other than one detached single family dwelling with wood shingle or shake roof not to exceed one story ?) w C' e �� t r _os4984 rur44J -s- in height or split level and a private garage for not more than four cars, nor less than two cars, abd other customary buildings, except that a guest hou.e may be erected upon the rear of said residential sits. go realdentlal stm c- ture shall be erected or placed on any site that has a net area of less than 20,000r square feet, and m building shall be. erected or placed on any site having a width of lees than 100 feet at the minimus building seback line. Upon ce®encement of construction of said main residence, construction work shall continue thereon with reasonable diligence until completed. 2. No building shall be located on any lot negrer than twenty five feet to the front lot line, or nearer than twenty feet to any side street line. No building shall be located nearer than fifteen feet to an interior building site line. No dwelling shall be located on any interior building site nearer than fifteen feet to the mar of said building site line. 3. That all residential sites in said tract shall be used for one story or split level single family residential purposes and that no residential strue- ture having a ground floor area of leas than 1,500 square feet of livable floor area, excluding roofed porches and roofed patios, shall be erected or placed on any said residential site. 4. That no drilling operations shall be carried on upon said premise.( for the extraction or removal of oil, gas, asphaltum or any other hydro-carbon SLI;ata:- ces, and no noxious or offensive trade or activity shall be carried on upor. any of said lots, nor shall anything be done thereon that may be or become a nuisance to the neighborhood. 5. That no trailer, baaesent, tent, shack, garage or barn or other out- buildings erected on any residential lot shall at any time be used as a resi- dence temporarily or permanently. That no structure used as a residence shall be moved upon any of said lots. 6. That no fence or hedge exceeding five feet in height shall be erected, grown or per.Stted to remain between the street and the front set back line of any residenti l lot. 7. That ;!o cattle, hogs, poultry or goats small ever be kept or permitted to be kept upon any of said residential lots. Uorses or other customary house- hold pets may be permitted, but in no event shall any of said live stock be permitted or kept on aCi of said residential lots at any time for commercial purposes. S. That the restrictions, easements, conditions and covenants herein contained shall run with the land from this date, shall be binding and in force and ef- fect until January 1, 1989, and all of said restrictions, easements, conditions and covenants are made for the mutual benefit of all of the lots in said de- scribed parcel and all other properties hereinbefore described in Paragraph 1, with each other let, both as servient and dominant tenements as against all covenants, and renervatlons herein contained shall be automatically extended for the successive periods of 10 years unless modified, altered or changed by a written instrument executed by the record owners of five sixths (5/6th) of the late upon which residences then exist. 9. That invalidations of any of the restrictions, conditions, covenants and reservations by ,Judgment or court order, or failure to enforce same, shall no wise affect any of the other restrictions, easements, covenants and m5erva- tion& which shall remain in full force and effect. 10. That a breach of any of the restri�.ions, conditions, ccvenarts, and ro- 4 ebrvationa herein contained, shall not defeat or render invalid the lien of per. any m»rtgage or deed of trest made in good faith and for value as to the lot F or portion of the lot or lots or portions of lots in the real property covered hereby, but said restrictions, easements, conditions, covenants and roserva- F' _ tions shall be binding upon and effective against any owner thereof whose title the is acquired b7 foreclosure, trustee's sale, or otherwise. �q2J Y 4 �t�•� t , �wfi y t a e 1 N. t bxx4884 w450 j U, That mhoalA any party violate or attempt to violate any of ti:e reetria- ___ tions, 000ditieom, covenants and reservations herein contained, it shell be Lawful for any other arson or Persons or any owners of any lots covered'I.ereby or atp part or portion thereof to prosecute a proceeding et law or in equity spinet the arson or persons adfo have 'violated or arm attempting to violate any of the restrictions to present or enjoin thm from so doing, to cause said violation to be remedied or to recover damages or other dues. Dated this �� day of 'QCT, 1959. 23 3. 1961 (Notary Seal) u,Or4984 PASE44s RECORDED AT ORAI pE COVNTY TME Co. IN CFFI�IA�REGORy� ORANGE�OUMTY,COiaF- 4:01 All NOY 23 1459 BUSY WFA"LcAND,Co,"ftey,y STATE OF CALIFORNIA. Loa M les "' . Oe able— 22nd. I.y of Octcber. i, ,•�. � -d d „d fifty nine ' I<fwe a dx mlmi[^c•L + t y F I. t id r I a_a J' 1 hr d Ir i •, �.. _ t¢ .�«y perwnally pprac<•i Je+ass E Nar+sf ard Laret e rtws t rv-y_ _. _ _ 9`�a �•�py , k-1 9� ...< aa.�s arm . . „u•.,t<n .o 11K .•Ih. 1�•1 ---1. .m h Lilj(v �'< - •�. IN WITNESS W}IFRFOY, I h..<tel.vn`a r<. my ha IA +1d +Ru<d nys•Q+cul e+l G F rkt Its r• .<S � .. � "Aw � f, fix _ 1�� ........ 1..1....,,.,. a4'i�tt�'�-1'13.w 1'w a P+e?r s Im3 he m d GASi y -' '1 's# .. 1�•Car zv4 v Eaotw! -. <7 1471 Fg�'`+�.g 0. :: e557�nz7�Fm 4-`trtI'I a'g'�f�'��5n"cr •'%""° 1 E!`'� �' -e ',°u�'P g "nnvf•u� Cv atosr r, ..�{ay-j��y'u '' a. 3�`���t }aa�1'���`'�,�na��'<� +� fir. '{�� �`Cc'aJ� �ty�. _"nM1.]�(j'•���aF.1�. s �` £�( y f �'<��d�3�'!•�.....1 �`rulfr � t� iS 84-212085 • ITEM# C14 RECORDING REQUESTED BY, AND RECORDING FEES EXEMPT DUE TO WHEN RECORDED, RETURN TO: GOVERNMENT CODE SECTION 6103 City Clerk's Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Aary Ann anover, city Mark San Juaw Capistrano, California STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) as. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the Amendment to the Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project Area, approved by the City Council and the Community Redevelopment Agency on May 1, 1984. (SEAL) ✓d�.�Ii - MARY ANN UywUVERI CITY CLERK San Juan `Capistrano, California Dated: This 17th day of May, 1984. RE00ROEOIN OMCNL RECONS OFORANOECOUNTY CAUFORNIA •8°SAM M22'84 COUNTY V `Y RECOAM Order: td Description: 1984.212085 Page 1 of 6 Comment: 84-212085 � THE REDEVELOPMENT PLAN rOR THE SAN J('A:: CAP!STRANO, CENTRAL P.ED£VELOPMENT PROJECT AREA IS HEREBY AMENDED TO READ AS FOLLOWS: ' Section 1. Section 501 of the Redevelopment Plan is hereby am— enae8 as follows: "A. is 501] D:ap5 "The Project Boundary Map, Official Zoning Map and General Plan Composite Map attached hereto, as such documents may be amended from time to time, illustrate the location of the Project boundary, major streets within the Project Area, immediate adjacent streets to the Area and the Proposed land uses to be permitted in the Project Area." Section 2. Section 502 of the Redevelopment' Plan is hereby amended to read as follows: "B. IS 5021 Land Uses "Land uses within the Project Area shall correspond with the adopted City General Plan and Zoning Ordinances as shown on the General Plan Composite Map and Oficial ZDning Map as such General Plan and Zoning Ordinances may be amended from time to time." Section 3. The first full paragraph of Page 1B of Sectiones the Redevelopment Plan is hereby amended to read as follows: "The number of dollars of taxes which may be divided and allocated to the Agency pursuant to California Health and Safety Code Section 33670 shall not exceed three hundred forty twc� milt ;on Dollars (5 342,000,000 ) , except by amendment of this Redevelopment Plan. " Section 4 . The third full paragraph of rage 18 of Section 602 of the Redevelopment Plan is hereby amended to read as follows: "The amount of bonded indebtedness, to be repaid in whole or in part from such allocation of taxes, which can be outstanding at one time :;hall not exceed 100 million dollars ($100,000,000) , without an amendment of this Redevelopment Plan. " Exhibit A, Page 1 Order: td Description: 1984.212085 Page 2 of 6 Comment: 84-212085 section 5. £rction 9(•v o: the F.a'development Plan is hereby eme-nTea to read as follows: "IE. IS 900) • DUR4TION OF THIS PLAN "Except for the nondiscrimination and nonsegregation — provisions which shall run in perpetuity, the provisions of this Plan shall be effective and the provisions Of other documents formulated pursuant to this Plan may be effective for 45 years from the date of the adoption of this Plan by the City Council." Section 6. Exhibit 1 of the Redevelopment Plan is herebyy ame—M-0 by adding the following list of public improvements: "Identification or construction of the following Capistrano unified School District improvements: '• (i) Acquisition and relocation of the San Juan School Site; " (ii) Construction of the Sports Center at the Capistrano Valley High School; " (iii) Relocation of the ROP; " (iv) Acquisition of Suchheim Field; " (v) construction of recreational and/or other public institutional facilities on Suchheim Field or sites as may elsewhere be determined; " (vi) Acquisition of the Capistrano Elementary School Site and the relocation of the adult education and continuation facilities located thereon; " (vii) The rehabilitation, demolition, and/or the construction of facilities on the Capistrano Elementary School Site or sites as may be elsewhere determined, to accommodate performing arts, cultural, museum, and/or other public and quasi-public uses and purposes as provided herein; " (viii) The construction of an instructional media and data processing center; " (ix) Rehabilitation of existing schools which benefit the project area; " (x) Addition of temporary and/or permanent classrooms and other facilities for schools which benefit the Project Area. " Exhibit A, Page 2 Order: td Description: 1984.212085 Page 3 of 6 Comment: 84-212085 LEGEND arr eoUmo.m � - PIIodR tvaKr ARIA NN mweeT tovrroAar Esq✓ // // C , n. -L—LT •g" T+a�xv�o� ARCKVL N•KURT MCr= . (• % -�.I W EL4Fli.KANE B ECK A 1 OCC MN KVEBEIBECK A ASBOUATY6 �� CO\f\1L;\ITY REDEVELOPMENT PROJLCT CITY OF SAID JUAN CAPIST-R-ANC > mom 1 .A Order: to Description. 1984.212085 Page 4 of 6 Comment: 84-212085 �' r III •�,R CITY OF BAN JUAN CAPISTRANO C`•�� r 'y ��� y OFFICIAL ZONING MAP 4a \ • M 40 on PC tl \ 6 Y w�•'• AO .s `�,a ''. ,^10-, \\ d •=•..( i�•J� 1 mar r. _ f. A, pace 4 - 1 F Order: td Description: 1984.212085 Page 5 of 6 Comment: o II q 17 i z I1 i 3 i .1 I U .3 ill Jill IIt o, z w co 7 W C3 t C-4 1-1t�sL f\ -6m) C\1 A U I CC) 14 It C\1 ff, it 71 T%