04-0302_WILLIAM LYON HOMES, INC._Easement Deed_2004000163617-RECORDED AT REQUEST OF AND
RETURN TO:
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92657
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE 27383 & 6103
C;TY OF SAN JUAN CAPISTRANO
PROJECT NAME OR NUMBER:
TRACT 16221
HONEYMAN RANCH
San Juan Capistrano, CA
92675
Recorded in Official Records, County of Orange
Tom Daly, Clerk -Recorder
IIIlillllllllllllllllllllllli0111lllllllllllllllllllllllllilllllllNO FEE
213 fog Eo 004000 163617 11:35am 03/02/04
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
(Space above this line for Recorder's Use)
Documentary Transfer Tax
No Tax Due
RECORDING REQUESTED PER
GOVERNMENT CODE, SEC. 6103
A_ �/�
M g ret R. Monahan, City Clerk
EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
William Lyon Homes, Inc., a California Corporation ("GRANTOR")
does hereby grant to City of San Juan Capistrano, a California municipai corporation
("GRANTEE"), subject to covenants, conditions, restrictions, easements, reservations, rights and
rights-of-way, dedications and offers of dedication of record, a non-exclusive easement and right-
of-way in, over, under, upon, along, through and across the real property, those portions of Parcels
4 and 12 of the Certificate of Compliance recorded March 10, 2000 as Instrument No.
20000127689 of Official Records in the Office of the County Recorder of said Orange County,
California, situated in the City of San Juan Capistrano, County of Orange, State of California, as
described in Exhibit "A" and shown on (sketch) Exhibit "B" attached hereto and by this reference
made a part hereof. Such easement and right-of-way shall be for underground public utility
purposes, including, without limitation, the right to enter upon, pass, ie -pass along said land; to lay,
construct, reconstruct, remove, replace, renew, inspect, maintain, repair, improve, relocate, fill or
re -grade, and otherwise use utility pipelines and facilities; to deposit tools, implements and other
CADOCUME-1 \TGrable\LOCALS-7 \Temp\Lyon StrawberryEasementDeed.doc
RBF CONSULTING
14725 Alton Parkway
Irvine, California 92618
Revised September 22, 2003
July 1, 2003
EXHIBIT "A" JN 10-103097.01
Page 1 of 1
LEGAL DESCRIPTION
CITY OF SAN JUAN CAPISTRANO
WATER LINE EASEMENT
That certain parcel of land situated in the City of San Juan Capistrano, County
of Orange, State of California, being those portions of Parcels 4 and 12 of the
Certificate of Compliance recorded March 10, 2000 as Instrument No. 20000127689
of Official Records in the Office of the County Recorder of said Orange County,
California, described as follows:
COMMENCING at a spike and washer stamped "L S. 2988" at the intersection of the
monumented reference line of Rancho Viejo Road and the centerline of Avenida Los
Cerritos, said spike and washer is shown on Anacal Engineering "Centerline Ties -
Los Cerritos" dated 1997 on file in the Office of the City Engineer of said City
of San Juan Capistrano; thence along said monumented reference line of Rancho
Viejo Road North 34037'11" West 164.69 feet; thence North 55022'49" East 47.00
feet to the northeasterly line of that certain easement for road and public
utilities purposes in favor of the City of San Juan Capistrano as described in
the Corporation Grant Deed recorded November 17, 1981 in Book 14293, Page 59 of
Official Records in said Office of the County Recorder, said point being the
beginning of a non -tangent curve concave northeasterly having a radius of 1553.00
feet, a radial line of said curve from said point bears North 55°22'49" East;
thence along said northeasterly line and curve northwesterly 60.92 feet through
a central angle of 02014'51" to the TRUE POINT OF BEGINNING; thence continuing
along said northeasterly line and curve northwesterly 153.01 feet through a
central angle of 05038'43" to the northerly line of a 40.00 wide private road
easement as described in the Judgement recorded September 18, 1941 in Book 1107,
Page 466 of said Official Records; thence along said northerly line non -tangent
from said curve South 89"40'19" East 148.74 feet; thence South 00°19'41" West
43.15 feet; thence South 63049'09" West 80.00 feet; thence South 26010'51" East
45.00 feet; thence South 57°37'40 West 25.00 feet to the TRUE POINT OF BEGINNING.
CONTAINING: 10,273 Square Feet.
EXHIBIT "B" attached and by this reference made a part hereof.
Gregory A. Helmer, L.S. 5134
-�rValgdThrough!30!07 ,
\ \ 1 O.R. 3399-115
N63' 16 '23"E
S89 °40 ' 19 "E 148.744
NLY LINE PCL. -IT
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RANCHO VIEJO \ o
ROAD
MONLIMENTED
REFERENCE
LINE
0Ek7 'j�1CA7'Z\
IN5r, No,
PCI_. 3
P. 0. C.
SPIKE AND WASHER STAMPED 1. S.
2988" PER ANACAL ENGINEERING
"CENTERLINE TIES - LOS
CERRITOS" DATED 1997
EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
CITY OF SAN JUAN CAPISTRANO
WATERLINE EASEMENT
CONTAINING. 10,273 S.F.
0
r 40' PRIVATE ROAD
� S00"19'41"W EASEMENT
-- 143. 15' 0. R. 1107-466
S26°10'51"E
45.00"
S57'37'40 "W
25.00'(RAD)
\ 6=02°14'51"
R=1553.00 '
L=60.92'
i
i
\ N55022'49"E
47, 00'(RAD)
PCL. 12
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REVISED SEPMA38? 22, 1003
,.LCY I. 2003 J.N. 10-I0w97
materials during said work, together with such connections, structures and facilities incidental
thereto.
The rights acquired herein shall be subject to the right of the fee owner its successors and assigns,
to reasonably use the surface of the easement area for such purposes which do not burden the
rights herein granted, and provided further that Grantor, its successors and assigns shall not,
without the prior approval of the City of San Juan Capistrano, which approval shall not be
unreasonably withheld, conditioned or delayed:
1. Construct or place any street, alley, roadway or any other improvement or structure within
the easement area; provided, however, that Grantor shall have the right, without the prior
approval of Grantee, to install landscaping (and any required irrigation facilities), a perimeter
wall and an automatic electrically operated gate on the easement area.
2. Place upon or remove from the easement area any earth or material; provided, however,
that Grantor shall have the right, without the prior approval of Grantee, to install landscaping
(and any required irrigation facilities), a perimeter wall and an automatic electrically
operated gate on the easement area.
GRANTOR
William Lyon Homes, Inc., a California corporation
4490 Von Karman Avenue
Newport Beach, CA 92660-2008
By:
Print Name: Thomas J. Mitchell
Senior Vice President
Title:
Aooa'r 12, Z X)
Date Signe
By: _� l
Print Name: Thomas G. Grable
Assistant Secretary
Title:
)JUcL rl IZ,Z0o
Date Signe'(11
ATTEST:
(Attach All -Purpose Acknowledgement)
0
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On January 12, 2004 before me, Susan E Menard, Notary Public,
personally appeared THOMAS J. MITCHELL AND THOMAS G. GRABLE
personally known to me — OR pFoved to me 9R the bas's ef satisfaGtGFy
—
evidease 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 oa rti E L41"iOt'` '—
Susan E Menard, Notary Public
Commission #1447352
Commission Expires October 26, 2007
OFFICIAL SEAL
'` • SUSAN E. MENARO
NOTARY PUBLIC -CALIFORNIA
COMMISSION # 1447352
�.L„ ,� ORANGE COUNTY
MY COOnIssim Exp. October 28, 2007
CITY OF SAN JUAN CAPISTRANO
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN JUAN CAPISTRANO )
This is to certify that the interest in real property conveyed by the Easement
Deed for a non-exclusive easement and right-of-way for Parcel 4 & 12 as noted
in the Easement Deed and dated January 12, 2004 from William Lyon Homes,
Inc., a California Corporation to the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, is hereby accepted by order of the City Council on
February 9, 2004 and the grantee consents to recordation thereof by its duly
authorized officer.
-et R. Monahan, City Clerk
San Juan Capistrano
Date: February 11, 2004