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04-0505_SILVERADO SENIOR LIVING, INC._Easement Deed_2004000391077AT 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME OR NUMBER: SILVERADO SENIOR LIVING, INC. 30311 Camino Capistrano San Juan Capistrano, CA 92675 SP -238 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2004000391077 09:03am 05105104 213 110 E01 8 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 SEC. 6103 <dxmtt R. Monahan, City Clerk EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Silverado Senior Living, Inc., Inc., a California Corporation ("GRANTOR") does hereby grant to City of San Juan Capistrano, a California municipal corporation ("GRANTEE"), a non-exclusive easement and right-of-way in, over, under, upon, along, through and across the real property, 30311 Camino Capistrano, (Assessors Parcel Number 121-070-08), 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" and "B-1" attached hereto and by this reference made a part hereof. Such easement and right-of-way shall be for water transmission purposes, including, without limitation, the right to enter upon, pass, re -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 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 W:\ENGIDVLP\SP\silveradoWEasementDeed.doc IT 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: 1. Construct or place any street, alley, roadway or any other improvement or structure within the easement area. 2. Place upon or remove from the easement area any earth or material. GRANTOR Silverado Senior Living, Inc., a California Corporation 27121 Calle Arroyo, Suite 2220 San Juan Capistrano, CA W675 By: ,rieg P. Smith, Chief Financial Officer y�,lo -/Date Signed ATTEST: (Attach All -Purpose Acknowledgement) 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l H1D (G' na f, ss. } Coun'tyff of ) On ( /()y , before me, nnAn Date T Name a Ttle personally appeared V a r'1CS P SM I LYNN ANN HARIFR Commission # 1311090 Notary Public - California Orange County My Comm. Elipires Jun 29, 2005 Place Notary Seal Above Nark W personally known to me Ll proved to me on the basis of satisfactory evidence to be the personA whose name($) is/ame subscribed to the within instrument and acknowledged to me that he/shsAhey executed the same in his/4941iIl authorized capacityligg), and that by his+e4liliwir signature(4on the instrument the person(, or the entity upon behalf of which the person(* acted, executed the instrument. tT tSmy h and oToa_lk� al. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ I i f oy Document Date: ` Number of Pages yr Signer(s) Other Than Named Above: 1 � a t �•I 'rY1 o re I--1}- I� • r1lon a h`-1 r) Capacity(les) C d by Signer L I Signer's Name: M GS `/ J r✓1 I T ✓1 ❑ Individual /� h j'� e � t /1Q Q I Gf To p of thumb here Corporate Officer — Title(s): l i 1—I (1C' I lJ 1'r 1 e" C Partner — C Limited F1General ❑ Attorney in Fact ❑ Trustee L': Guardian or Conservator ❑ Other: Signer Is Representing:'51lo f If i c Lt V l� L�I C 190 National Notary Association • 9350 DO Solo Ave., PO Box 2402 • CM1alaw.rtb, CA 91313 2402 •,O— ralionalnolaryo,g Pro. No, 5907 Recoil Call Tall Free 1 800876-6827 EXHIBIT "A" LEGAL DESCRIPTION A portion of- That f That portion of the Southwest Quarter of Section 36, Township 7 South, Range 8 West, San Bernardino Meridian, in the City of San Juan Capistrano, according to the Official Plat filed in the District Land Office, described as follows; Beginning at a point in the East line of the Southwest quarter of the Northeast quarter of Section 36, Township 7 South, Range 8 West, San Bernardino Base and Meridian, distant South 00°44' West 630.73 feet from the Northeast corner of the Southwest quarter of the Northeast quarter of said Section 36; Thence continuing South 00°44' West along the East line of the Southwest quarter of the Northeast quarter of said Section 36, 689.75 feet to the Southeast corner of the Southwest quarter of the Northeast quarter of said Section 36; Thence North 89°46' West along the East and West half section line, 1839.37 feet to the TRUE POINT OF BEGINNING; Thence continuing North 89°46' West along said East and West half section line to a point in the Northeasterly right-of-way line of the Atchison, Topeka and Santa Fe Railway Company's 60 foot right-of-way, as conveyed to the California Central Railway Company, by deed recorded in Book 504, Page 305 of Deeds, records of Los Angeles County, California; Thence along that certain course shown as North 19°26'20" West 782.65 feet on Record of Survey filed in Book 11, Page 45 of Record of Surveys South 19°26'20" East to a point in the Southerly line of the land described in the deed from Etienna Oyharzabal and wife, to R.Y. Williams and W.B. Williams, recorded November 18, 1916 in Book 289, Page 46 of deeds; Thence North 70°33'40" East along said Southerly line, 30.07 feet, more or less to a point in the center line of the State Highway, as described in the deed to the State of California, recorded March 22, 1916 in Book 281, Page 245 of Deeds, said point being the beginning of a curve concave Easterly and having a radius of 400 feet, the central point of which bears North 70133;40" East; Thence Northerly along said curve (following said center line as described in deed recorded March 22, 1916 in Book 281, Page 245 of Deeds), through a central angle of 44°19'20" a distance of 309.43 feet to a line tangent; Thence North 24°53' East along said tangent line, 333.25 feet to the beginning of a curve tangent, concave Westerly and having a radius of 500'; Thence Northerly along said curve through a central angle of 10°34'25" a distance of 92.27 feet to the true point of beginning. Beginning at the Northeast corner of said land, said point being the true point of beginning in the aforementioned description and also a point in the centerline of the State Highway, as described in the deed to the State of California, recorded March 22, 1916 in Book 281, Page 245 of Deeds, said point being in a curve concave Westerly and having a radius of 500 feet, a radial line through said point bears N 74°53'07" W; Thence Southerly along said curve through a central angle of 05°17'58" a distance of 46.25 feet to the TRUE POINT OF BEGINNING; Thence N 69°02'44" W 129.56 feet to a point in the Northerly line of the Southwest Quarter of Section 36; Thence along said Northerly line of the Southwest Quarter of Section 36, N 89'01'15" W 238.35 feet; Thence S 00158'45" W perpendicular to the Northerly line of the Southwest Quarter of Section 36, 23.91 feet, Thence S 89°01'15" E parallel to the Northerly line of the Southwest Quarter of Section 36, 28.26 feet; Thence N 00°58' 45" E perpendicular to the Northerly line of the Southwest Quarter of Section 36 16.91 feet; Thence S 89001'15" E parallel to and 7 feet Southerly of the Northerly line of the Southwest Quarter of Section 36, 170.80 feet; Thence S 69°02'44" E 163.89 feet to a point in a non -tangent curve concave Westerly and having a radius of 500 feet, a radial line through said point bears N 67°17'37" W, said curve being the centerline of the aforementioned State Highway; Thence Northerly along said curve through a central angle of 02° 17'32" a distance of 20.00 feet to the true point of beginning. rC23132 X El EXP: 12/31/05 �r CIV{/, EXHIBIT B .t Wzr 4, / [7/- N LY LINE OF SW 1/4, SEC 366 HATCHED AREA INDICATES Z PROPOSED EASEMENT R = 500.00' A = 02'17'32' s, oCr, L = 20.00' EXIST R/W �* •\ L(/ 4? PROP R/W Al^� CD ` \ ^� 11 0 ESS' \ A: MUS !F 023132 EXP: 12/31/05 �c R = 400.00' = 44'19'20' \ L = 309.43' () INDICATES DATA PER LEGAL DESCRIPTION N 71'18'25' E 30.00- (N 71'33'40' E 30.07') MICHAEL A. MURPHY P.E. RCE 23132, EXP 12/31/05 REV r Ni GO o CN p no N O O co N TM � M W �, 00'L W 1M� \ ID y W n 2 W 0 ; X Z� M W J M J N O z 0 w Z Do Do " _ Lo M O Q b)Z r Z O O) Lw Z � N I _ N O V- M CC) 'o N N LO 0 N ',L119N X09 - 4 3-lVOS is 111 �1 r oyyls/y�\ N O O N LO O N 3 X W I 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 — Project Name — Silverado Senior Living, Inc, 30311 Camino Capistrano, San Juan Capistrano, CA, dated April 1, 2004 is hereby accepted by order of the City Council on April 20, 2004 and the grantee consents to recordation thereof by its duly authorized officer. et R. Monahan, City ( San Juan Capistrano April 29, 2004 (seal)