1971-0601_LOFTIS & DOSS_Easement Deed_9659 459<<
RECORDING REQUESTED ED
E C
Westport Home Builders, 'Ind`
I
WHEN RECORDED, MAIL TO:
JACK Y. KUBOTA JACA Y. KUBOTA
CONSULTING ENGINEER CONSULTING ENGINEER
P. O. BOX 1093
CARLSBAD, CALIFORNIA -92008
EASEMENT DEED
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9659 rt�E4.59
t�ECORDp AT REO.UEST OF
r.sl rrr. vr, E IRs. CO.
IN 08F.3;,V_ i:ce'G%JS OF
CRANSE COUNTY, CALIF.
8:010 JUN 1 1971
;. `k' o L4E CARLYIE. Cauori Recorder
No Transfer stamp required
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CARL M. LOFTIS and WANDA L. LOFTIS, and NOLON M. DOSS hereby grant to pfd
the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, an easement
1
for ingress, egress and incidental purposes for the construction of an `r
erosion control revetment wall which consists generally of the excava-
tion of the surface of the soil to a depth to be determined by Grantee(s),
and the construction of a wall made of rip -rap or large pieces of stone
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and either gunite or grouting fill, which wall may or may not be back
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filled with soil. The purpose of said revetment wall is to reduce or
prevent erosion of those areas adjacent to the development of tentative
Tracts 7191, 7192, 7193 and 7194.
GRANTEE(s) herein shall have the richt to grant, convey or
dedicate said easement to the Orange County Flood Contro-DEiistrict, the
County of Orange, 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 any other governmental agency, thenthe responsibil-
ity and liability of Grantee(s) herein shall terminate with respect to
said easement.
In addition to said easement hereinafter described, Grantee(s)
shall have a temporary construction easement for pr.00erty adjacent to
said easement, and parallel therewith a distance of 15 feet on either
side thereof for the purposes of construction of said erosion control
revetment wall. Said temporary construction easement shall terminate
upon the completion of said wall and the acceptance of said improvements
by the City.
RESERVING UNTO GRANTORS, their heirs, successors and.assigrs,
Q,
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9659 FAcf 460
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 8 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:
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°06'33" 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 22°06'33" West, 71.02 feet; thence South
79°45'30" West, 57.88 feet; thence North 1°39137" East, 61.31
feet; thence North 7,9045130" East, 83.24 feet to the true point
of beginning.
ALSO RESERVING UNTO GRANTORS, their heirs, successors ana
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, provided, however, that said reserved rights
could only be exercised after -first obtaining the prior written approval
of the city and county engineer, and other governmental agencies having
jurisdiction 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, re-
locate, repair, maintain and use and dedicate streets, alleys, road-
way, curbs, sidewalks, pipelines, pole lines and fences on, in, over,
across and along said land. Grantee agrees that in making any excava-
tion in any way connected with any improvements which it may construct,
or in repairing or replacing the same, Grantee shall cause such exca-
vations 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 to the condition as it existed prior to such excavation inso-
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far as possible, and shall restore, repair and replace any landscaping,
streets, alleys, 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 agrees to indemnify Grantors 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 employees or agents, or by
any act or omission for which Grantee or its employees or agents are
liable without fault, in the exercise of the rights herein granted;
save and except in those instances where such loss or damage or injury
or death is proXimately causedin whole or in part by any negligence
of Grantors or their employees or agents, or by any act or omissions
for which Grantors or their employees,or agents are liable without
fault.
This easement is aranted upon the following specific limi-
tationst that it shall continue only so long as no other flood con-
trol facilities.have been constructed westerly of said property, and
shall terminate, and all rights of Grantee(s), its successors and as-
signs, shall cease, as soon as the Orange County Flood Control District
or other governmental agency has acquired and improved, whether through
condemnation proceedings or otherwise, a flood control ditch lying to
the west of the Grantors' properties, and as soon as said new flood
control ditch has been improved with a concrete or other similar liner
as that already installed on the flood control ditch presently improved
southerly of Grantors' property.
That portion of the North one-half of Section 1, Townst:ip 3 So..th, Ranqe 3 Viest,
S,. L. L.&N%, Lcing a porClOn of the: Northvie_-A on._—q of _-.alp! �,-ection, anc
a n )rtior of Parcel P as Stlown on a map filc,d In f. Jt.',: 2 i i ..,' �� 5. ✓. "."d Of
tiUr'v _ O'. Orargc UourLy, Caltfcrnia; a portion of land
te:r; .:jac_nt to and VVcsterly of the West,�r,y bo,_rncewy of F,ac,a ? 0 a anw,n
Jil Sal inajr a,lo 9Ub". i,q Ul3ltl;j shc1 ."✓n on a '-r.xp •`lied lr. LiG01< U14 F'd'JCS IrJ and :3.4 Of
Record of Surveys of :>aio County, described as follows:
• �-: 1 j -i
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9659 PA 462
North 15° 26' 22" East 106.93 feet, North 61 ° 3g' 31" Fast 21 .92oPeet to a
point in the Westerly line of said Parcel Q. Thence along said Westerly line,
North 240 25' 34" West 336.61 feet, and North 220 Of.' 33" East 160.617 rvet
Lo tY;e -i RUE: POINT OF CSEGINNING
i.xC,•pt that porton lying within the boundary of;;atd P,-.rcei I•noA: on
neap file., in i'OCR 2 Rangy 31 of Record of 'purveys of -.aid C&-r,t,'-
Containing 0.891 acres more or less.
Date4--wivf�"Z'4-
u 74
Dated:
CARL M. LO IS
-4-
D EG'INNING at the
Northerly terminus of a ccursc or, trX `.Nc--V.rly hcumary of
sai f -'az -cel Q and
sho.%'n or; paid r -nap filed in �3:,r.k 8.1 Pa:it- . ' a,w!
of 5%.rveys as North
220 0V 33" East 4£13.27 feet, ttd.,nce alon- aaid course
ju 22° 06' 33"
Wac` feet to Lne TI-�UE POP'!* 0;---
(=C,e
ti-lo1,.,unda,.,i
of said lj-jid dho followin(I cou;c*Ce3 ar,d 3-:
Wdct 104.31 recd,
SouLil O1° 3,)' 371' West "e-', Cn:t11
3',0. 19 fact, Tauth
15° 15' 13" Wr- �t 114.02 feet, South :)1 ` OF' CE;" Wr 105.02 feet,
1."0.35 f,:ct, South° ;3' S " I.a�.. ..�<. .�, tc,:',
rc 1•,° 411 57"
East 107.0', Peck, South 00^ 20' 1,1" 1:. a>k 17( .ck) f,.nt,
^
02 �.i 43
r� `�nutP, 1.3 47' 1i.'' I_a_,t
W,.,..c 172.. f,..vt' ° L
North 7'�' "7)' 4'1"
I.as:;tCA. ''.-4fo(7L, North 140 14' 43" I.disA
NC.rt1: 3lr 5G' i' 4"
VJC,;C 1 0O.:' 1 ra-.t, North 17 i .00 feat, I :ur th u^ �" � , ✓�- :C
u.19 fe. t, North
i.1° 2r' 21 West 167.(�C' Coet, North :i° 01' .:��° WO' L 14:i. 1-. '<•, :,
Nortr 1180 22' 03"
West 113.0 ; feet, North 01' 40' OG" East 10::.0-: feet, `
North 15° 26' 22" East 106.93 feet, North 61 ° 3g' 31" Fast 21 .92oPeet to a
point in the Westerly line of said Parcel Q. Thence along said Westerly line,
North 240 25' 34" West 336.61 feet, and North 220 Of.' 33" East 160.617 rvet
Lo tY;e -i RUE: POINT OF CSEGINNING
i.xC,•pt that porton lying within the boundary of;;atd P,-.rcei I•noA: on
neap file., in i'OCR 2 Rangy 31 of Record of 'purveys of -.aid C&-r,t,'-
Containing 0.891 acres more or less.
Date4--wivf�"Z'4-
u 74
Dated:
CARL M. LO IS
-4-
9659 rw463
STATE OF CALF
COUNTY OF � ss:
On / , before me, the undersigned, a
Notary Public in and Xor said ,.tate, personally appeared CARL M. LOFTIS
and WANDA L. LOFTIS, mown to me to be the persons whose names are
subscribed to the within instrument and acknowledged that thev executed
the same.
WITNESS my hand and official seal.
OFFICIAL SEAL mm
PAULINE S. UMLAND
ri z! JCn .L OFFICE IN
SAN MAFEO COUNTY
STATE OF (1 ss:
COUNTY OF CtK )
Notary Public
On 0?3 F1y2a•o2� f97/ before me, the undersigned, a
Notary Public in and for said 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
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official seal.
Not r. t c l
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY'OF SAN JUAN CAPISTRANO
I, JETTA A. ANAYA, Deputy City Clerk of the City
of San Juan Capistrano, California, do hereby certify that
the attached instrument was duly approved and accepted at
a regular meeting of the City C�o.n,rcil of the Cit of San
Juan Capistrano held on the day of ,
19 'ZL, by LImhAffom f vote.
Jetta`. "Ty'
Deputy City Clerk of tie
City of, San Juan Capistrano
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