1971_0601_LOFTIS & DOSS_Easement Deed_9659 464V'PCQR.DING REQUESTED 10
Westport Home Builders, Inc. 670
WHEN RECORDED, MAIL TO:
R E J A&IYUIlfJETA
CONSULTING ENGINEER 1
P. O. BOX Io95
C,A �§S O� C#I?TRNIA-920�,f�'
JACK Y. KUBOTA 1 p�FL C
CONSULTING ENGINEER I EASEMENT DEED
9659 P'cf 464
RI<Cnnc[a AT RoamipT a/
TME INS. CO,
IN LI P. I RECOROS OF
ORANGE COUNTY, CALIF,
MI AM JUN 1 1971
FREE 1 WYLIE CARLYLE, Coonq Recorder
No Transfer required
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CARL M. LOFTIS and WANDA L. LOFTIS, NOLON M. DOSS hereby grant to the
CITY OF SAN JUAN CAPISTRANO, a municipal corporation, an easement for
construction of necessary slopes, grading, cut and fill, necessary or
required to provide for the drainage and development of real property
located immediately adjacent to this easement, described as a portion
of tentative Tract 7191.
GRANTEE(s) herein shall have the right to grant, convey or
dedicate said easement to the Orange County Flood Control District, the
County of Oranae, or any other governmental agency for the purpose of
future maintenance of said easement. Upon such conveyance or dedication,
and the acceptance thereof by the County Flood Control District, the
County of Orange or anv other governmental agency, then the responsibil-
ity and liability of Grantee(s) herein shall terminate with respect to
said easement.
Within these slope areas, no structure, planting or other
materials shall be placed or permitted to remain or other activities
undertaken by Grantor(s) which may damage or interfere with established
slope ratios, create erosion or sliding problems, or which may change
the direction of flow of drainage channels or obstruct or retard.the
flow of water through such channels. Grantee(s) may install a sprinkler
system, and landscape the slope area in a manner satisfactory to Grantee(s)
RESERVING UNTO GRANTORS, their heirs, successors and assigns,
an easement for ingress and egress over said property at the following
location:
That portion of the North one-half of Section 1, Township 8
South, Range B West, S.B.B.&M., being a portion of the North-
west one-quarter of said Section in the County of Orange, State
of California, described as follows:
X
W
i
9659 FA 465
Beginning at the Northerly terminus of a course on the Westerly
boundary of Parcel Q as shown on a map filed in Book 84, Pages
33 and 34 of Records of Survey of said Orange County, as North
22°00'33" East, 483.27 feet, thence along said course South
22°06'33" West, 378:11 feet, to the true point of beginning;
thence continuing South 22006'33" West, 71.02 feet; thence South
79°45'30" West, 57.88 feet; thence North 1039'37" East, 61.31
feet; thence North 79°45'30" East, 83.24 feet to the true point
of beginning.
ALSO RESERVING UNTO GRANTORS, their heirs, successors and
assigns, the right to use the above mentioned parcels for any use or
purpose which shall not interfere with or endanger the use by Grantee(s)
of this easement, including but not limited to the right to maintain,
operate, repair, reconstruct, replace and remove the improvements to
be constructed thereon to a new location to be approved in writing by
the Grantee, its successors and assigns, at the sole expense of the
Grantor, the right to relocate the easements, to deposit and compact
fill over said easements, to regrade or change the grade of said ease-
ments, provided, however, that said reserved rights could only be ex-
ercised after first obtaining the prior written approval of the city
and county engineers and other governmental agencies having jurisdic-
tion and control over said easements; and further including, but not
limited to, the right to plant and cultivate crops and orchards; to
graze cattle; to include portions of said parcels as parts of lots in
the event Grantors' remaining lands are subdivided; to construct, relo-
cate, repair, maintain and use and dedicate streets, alleys, roadways,
curbs, sidewalks, pipelines, pole lines and fences on, in, over, across
and along said land. Grantee agrees that in making any excavation in
any way connected with any improvements which it may construct, or in
repairing or replacing the same, Grantee shall cause such excavations
to be made in such a manner as will result in the least injury to the
area around such excavation, and shall. restore the surface of said area
around such excavation, and shall restore the surface of said area to
the conditions as it existed prior to such excavation insofar as possible,
and shall restore, repair, and replace an_y landscaping, streets, alleys,
-2-
I,.
'r' +.. ^`" ' •" f 9659 FffA 466
roadways, curbs, sidewalks, pipelines, pole lines, fences, buildings,
and other structures which may have been removed or damaged by Grantee
in connection with such excavation.
Grantee aarees to indemnify against and to hold Grantors
harmless from any loss of or damage to any property, or injury or death
of any person whomsoever, proximately caused in whole or in part by any
negligence of Grantee or its emplovees or agents, or by any act or
omission for which Grantee or its employees or agents are liable with-
out fault, in the exercise of the rights herein granted; save and ex-
cept in those instances where such loss or damage or injury or death is
proximately caused in whole or in part by any negligence of Grantors
or their employees or agents, or by any act or omission for which
Grantors or their employees or agents are liable without fault.
Said easement covers the following described real property:
:;:at portion of the North one-half of Section 1, Town-
ship 8 South, Range 8 West, S.B.B. & M., being a portion
of Parcel P as shown on a Map filed in Book 2, Page 31
of Record of Surveys, of Orange County, California, and
a portion of the Northwest one-quarter of said Section.
The herein described being adjacent to and Westerly of
Parcel p as shown on a Map filed in Book 84, Pages 33
and 34 of Record of Surveys of said County described
as follows:
BEGINNING at the Northerly terminus of a course on the
Westerly line of said Parcel Q and shown on said map
filed in Book 84, Pages 33 and 34 of Record of Surveys
as North 15°31'18" West 301.19 feet; thence along said
Westerly line the following courses and distances: North
30°48'02" West 152.71 Feet; North 24°25'34" West 336.61
feet; thence leaving said Westerly line; South 22°06'33"
West 48.22 feet; South 24°25'34" East 303.44 feet and
South 43°19'25" East 160.41 feet to the POINT OF BEGINN-
ING, containing 0.318 acres more or less.
Except that portion lying within said Parcel P as shown
on said Record of Survey filed in Book 2, Page 31 of the
records of said County.
Parcel 2
In the City of San Juan Capistrano, County of Orange,
State of California, being a portion of the Northwest
one-quarter of Section 1, Township 8 South, Range 8
West, S.B.B. & M., as shown on a map filed in Book 2,
Page 31 of Record of Surveys of said County, and being
more particularly described as follows:
-3-
! X 9659 racy 461
BEGINNING at the most Northerly corner of that land con-
veved to CARL M. and WANDA L. LOFTIS, NOLON M. DOSS, and
_LBA G. DOSS by Grant Deed recorded in Book 5391, Page
118 of the Official Records of said County; Thence along
the Easterly line of said land, South 22°06'33" West
210.00 feet;
Thence leaving said Easterly line North 67053127" West
30.00 feet; Thence North 22006'33" East 175.41 feet to
a point in the Northwesterly line of said land;
Thence along said Northwesterly line North 63002'38"
East 45.79 feet to the point of beginning.
Containing by admeasurement 0.133 acres.
Dated:
L
Dates
RL M. L I
WANDA L. LOFTIS
COUNT. OF C/
COUNT)ss.
Y OF f_
On /` /, before me, the undersigned, a
Notary Public in and € JVrsaid State, personally appeared CARS; M. LOFTIS
and WANDA L. LOFTIS, known to me to be the persons tOiose names are sub-
scribed to the within instrument and acknowledged that"'they executed
the same.
WITNESS my.hand
official
-�seal.
Notary Pub-U
On147/ , before me, the undersigned, a
Notary Public in and or s id State, personally appeared NOLON M. DOSS,
known to me to be the Person whose name is subscribed to the within
instrument and acknowledged that he executed the same.
WITNESS my hand and official seal.
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OFFICIAL SEAL
P��PAULINE
S. UMLAND
U"PRY PUBLIC CALIFORNIA
�pplyk}�/
PRINCIPAL OFFICE IN
SAN MATEO COUNTY
STATE OF
)SS.
COUNTY OF
Q�AX�
official
-�seal.
Notary Pub-U
On147/ , before me, the undersigned, a
Notary Public in and or s id State, personally appeared NOLON M. DOSS,
known to me to be the Person whose name is subscribed to the within
instrument and acknowledged that he executed the same.
WITNESS my hand and official seal.
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STAT OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF SAN JUAN CAPISTRANO
•
9659 prcE468
I, JETTA A. ANAYA, Deputy City Clerk of the City
of Sn Juan Capistrano, California, do hereby certify that
the ttached instrument was duly approved and accepted at
a re ular meeting of the City Council of the City of San
Juan! Capistrano held on the 21sr day of 7jQCZMSEE! ,
19 , by 4WANIAMMS vote.
n
Jetta;. Anaya
Deputy City :Clerk' of he
City of Sart"Juan Capistrano
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