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03-1218_BRUM, ROGER_Easement Deed_2003001495789 • • '. RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano t, --d, .d ,,, oth, ,it r ,..:.d, County of O,mg, City Clerk's Office io ti f'.iiy. C,¢rt, R,,, ,Fder anOOanasn ,SJuPaseo CA 92657 P 1 'I��ll {l�li'r 11"11111 Al hUl 111°'�'1111''lA IJO FEF. 20031701495789 091 /dill 1211 H3 RECORDING FEES EXEMPT DUE TO t .a i r_ tt GOVERNMENT CODE SECTION 27383 & 6103 u ,6 0 60 0 00 0 00 6 00 c c0 n Ou 0 00 Margaret R. Monahan, City Clerk San Juan Capistrano, CA EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, If Roger Brum ("GRANTOR") does hereby grant to City of San Juan Capistrano, a municipal corporation ("GRANTEE"), a non- exclusive easement under, the real property, (Lot 29, Tract 10103), situated in the City of San Juan Capistrano, County of Orange, State of California, as described in Exhibit "A" attached hereto and by this reference made a part hereof. Such easement and right-of-way shall be for slope stabilization purposes, including, without limitation, the right to enter upon, pass, re-pass along said land and construct permanent subsurface soil retaining structures; 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 rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior written consent of the City of San Juan Capistrano: 1. Construct or place any structure within the easement area which impacts the permanent subsurface soil retaining structures. 2. Excavate beyond a depth of two feet or a ground elevation of 498 feet above mean sea level. 3. Place any earth or material exceeding two feet in height or raise the current ground surface above an elevation of 502 feet above mean sea level. Additional Provisions 1. Grantee agrees to defend, indemnify, and hold harmless Grantor from any claim, cost, expense or liability arising directly out of Grantee's slope stabilization work under the terms of this Easement Deed. 2. Grantee acknowledges if, during the course of construction and/or maintenance of the private improvements by the Grantee, any of the Grantor's property is damaged, the cost to repair and/or replac s shall be borne by the Grantee. roi?e r+`e GRANTOR GRANTEE Roger D. Brum City of S Ca ' trano 27171 Hi land Drive 3240 aseo el t S ary6 strano, CA 92675 San uan Ca stra A 92675 By: BY R r D. Brum OwnerM or �/ fchBr �CrJ3Atf�j I III J 9� Date Signeda aret R. Monahan Ci Clerk APPROVED AS TO FORM: By: 104-11 J hn Shaw City Attorney ATTEST: (Attach All-Purpose Acknowledgement) 2 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 for slope stabilization Purposes at Parcel 29, of lot line adjustment No. 88-10103- 109 — City of San Juan Capistrano, dated October 31, 2003 from Roger D. Brum to the CITY OF SAN JUAN CAPISTRANO, a political corporation and governmental agency, is hereby accepted by order of the City Council on December 2, 2003 and the grantee consents to recordation thereof by its duly authorized officer. (seal) MarAarel R. Monahan, City Clerk Cit bn Juan Capistrano Date: December 15, 2003 ' • ���y M�UM111a 1111 cynw,x� m1 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On December 2, 2003,2003 before me,Margaret R.Monahan,City Clerk,personally appeared Joe Soto personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. (SEAL) WITNESS my hand and official seal. Marg et . Monahan, City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Easement Deed Lot 29/Tract 10103 Mayor Title or Type of Document Title Signers are Representing Signed by Brum 10-31-03 Date of Document Roger D. Brum City of San Juan Capistrano Signer(s)Other Than Named Above CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT gyp} .er.M.of- M.ct'.c [>et'----.e-.c('.et'.e<'.c�>e�' State of California Fa Ss. County of On U/ before me, Date �} N e and Title of Officer(e.g., Jane Doe,Notary 9 blic') personally appeared 0"1 Nacee(s)of Signer(S) Xpersonally known to me ❑ 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 MARS Y�EY acknowledged to me that he/she/they executed Commission#126=1 the same in his/her/their authorized Notary Public-Callf capacity(ies), and that by his/her/their Orange County My Comm.FXPresJun 14,20D4 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 o Tial seal. I�I/Ur Place Notary Seal Above Sign ore of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relyin n the document and could prevent fraudulent removal and reattachment of this form to another d cument. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01998 National Notary Aaocation•9350 De Soto Ave.,PO.Box 2402•ChalaWOnh CA 91313-24r)2•a natocx ootary.org Prod No,5907 Reortler:Call Tall-Free 1 8M 876£B27 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 29 OF LOT LINE ADJUSTMENT NO. 88-10103-109, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE COUNTY, STATE OF CALIFORNIA PER A DOCUMENT RECORDED OCTOBER 27, 1988 AS INSTRUMENT NO. 88- 550646 OF OFFICIAL RECORDS, AND AS SHOWN ON RECORD OF SURVEY NO. 89-1086, RECORDED IN BOOK 123, PAGES 37 THROUGH 40, INCLUSIVE OF RECORD OF SURVEYS, BOTH FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CONTAINING 2.532 ACRES PREPARED BY ME OR UNDER MY SUPERVISION: ANNA M. BEAL,P.L.S. 4955 EXIRES 12/31/05 : x '.. 1 EXHIBIT "B" N3714'00'E 26.82' 1Sa C .9� I . lig 1 SCALE:1'=150 I r" PARCEL 29 30' EASEMENT TO CITY OF Q SAN JUAN CAPISTRANO FORi m EQUESTRIAN TRIAL PURPOSES N8T00' 30' E 244.98 PER TR. NO. 10103. b 64.50' 55' EASEMENT TO CITY OF g SAN JUAN CAPISTRANO FOR = n STORM DRAIN PURPOSES PER 1R. NO. 10103. ^p0 o' &+\ 25' LANDSCAPE MAINTENANCE © EASEMENT. eti 2>6�moo°• \g? PARCEL 28 ~ N A . ?62/o, o ! "' t ; I EGENII .v DENOTES AREA TO BE DEDICATED r. v TO Cm of SAN JUAN CAPISTRANO FOR ACCESS AND WELL SITE PURPOSES. AUGUST 6, 2003 AREA: 2.532 ACRES. f CITY OF SAN JUAN CAPISTRANO B j NOTE- PARCEL 29 BEARING AND DISTANCES SHOWN LOT LINE ADJUSTMENT NO. 88-10103-109 2001 EAST FIRST STREET ARE BASED ON RECORD DATA PER SANTA ANA, CA. 92705 RECORD OF SURVEY 140. 89-1086, A.P.N. 650-511-03 (714) 568-7300 FILED IN R.S.B. 123/37-40, R:/SURVEY/ANNA/SAN JUAN CAPISTRAN0/EXHISIT.OWG