1970-0616_OYHARZABAL, E./ RODRIGUEZ, T./OYHARZABAL, C._Grant Deed_9318 851When Recorde?Please
Return to:
GRANT DEED
IN CONSIDERATION of the sum of ten dollars ($10.00) and
other valuable consideration, receipt of which is acknowledged,
The CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation,
DOES HEREBY GRANT to:
EUGENIE OYHARZABAL, a widow, as to an undivided 4/6ths,
CARMEN OYHARZABAL, a single woman as to an undivided 1/6th
and THERESE RODRIGUEZ, a married woman as to an undivided
1/6th', as tenants in common,
A parcel of land within the City of San Juan Capistrano, County
of Orange, State of California, described as follows:
Beginning at the southeast corner of Lot 59 of Tract No.
103 as shown on Miscellaneous Maps of Orange County, Cali-
fornia in Book 11, pages 29 through 33 inclusive; thence,
along the southerly line of said Lot 59, N 87551 30" W,
169.88 f8et to the true point of beginning; thence continu-
ing N 87 55' 30" W along said southerly line of said Lot
59 and its westerly prolongation a distance of 222.12 feet
to the northwesterly corner of that certain parcel of land
conveyed toothe San Juan Capistrano Sanitary District;
thence, S 2 041 30" W, 24.52 feet along the westerly line
of said property conveyed to the San Juan Capistrano Sani-
taryoDistrict; thence, leaving said westerly property line,
N 85 46' 30" E, a distance of 223.47 feet, more or less,
to the true point of beginning.
CITY OFF SAN JUAN CAPISTRANO
ByGv��a�
ATTES�
'Cleric or the' City —off'n uan
Capistrano
STATE OF CALIFORNIA )
as
COUNTY OF ORANGE )
i
Ora, JPBefore me, the undersigned, a Notary Public
i and for said State, personally appeared ,.
known to mebe the ayor a
,n _ j„�im l ,. 19known, to''Ilse"iolbe the
L' er , respec ive e City of San Juan Capistrano
and acknowledged that they executed the within Grant Deed
for and on behalf of said City.
(Seal)
My Commission expires:
v said State
OFFICIAL SEAL
WILLIAM JOHN CAVERLEY
NOTARY PU6LIC . CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
y Commission Expires Oct 27,1972
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RIGHT-OF-WAY AGREEMENT
THIS AGREEMENT made and entered into as of the /"ay
os May) >,
BY AND BETWEEN
The CITY OF SAN JUAN CAPISTRANO, a Municipal Corpora.ti.on!
hereinafter referred to as
"CITY"
AND
EUGENIE OYHARZAB_4L, a widow, CARMEN OYHARZABAL, a
single woman and THERESE RODRIGUEZ, a married woman,
hereinafter referred to as
"OCJNERS"
W I T N E S S E T H:
RECITALS:
A. OWNERS. are the owners of Lots 59 and 60 of Tract 103
in the City of San Juan Capistrano, County of Orange, State of Calvi -i
,! foriLia and CITY is tfic owner of .[and .lying :;outIaoriy' ;;I
and contiguous thereto.
B. CITY has erected on its property to which reference
is herein made a storage building to be used in part for a temporary
City Hall.
C. OWNERS have, in connection with their tenant, Conroc
established a forty (40) foot easement lying along the westerly side
of their property adjacent to the Orange County Flood Control Dis-
trict channel. Said easement terminates at the northerly boundary
of CITXI-s property,
D. There has arisen some confusion over the established
property lines between OWNERS and the predecessors in interest of
CITY and it is the intention of the parties hereto to correct such
property lines.
E. It is the further intention of the parties to con-
vert said private easement into a public street through dedication,
thereof by OWNERS. Such dedication and the exchange of deeds as
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1085 /moo
RIGHT-OF-WAY AGREEMENT
THIS AGREEMENT made and entered into as of the /"ay
os May) >,
BY AND BETWEEN
The CITY OF SAN JUAN CAPISTRANO, a Municipal Corpora.ti.on!
hereinafter referred to as
"CITY"
AND
EUGENIE OYHARZAB_4L, a widow, CARMEN OYHARZABAL, a
single woman and THERESE RODRIGUEZ, a married woman,
hereinafter referred to as
"OCJNERS"
W I T N E S S E T H:
RECITALS:
A. OWNERS. are the owners of Lots 59 and 60 of Tract 103
in the City of San Juan Capistrano, County of Orange, State of Calvi -i
,! foriLia and CITY is tfic owner of .[and .lying :;outIaoriy' ;;I
and contiguous thereto.
B. CITY has erected on its property to which reference
is herein made a storage building to be used in part for a temporary
City Hall.
C. OWNERS have, in connection with their tenant, Conroc
established a forty (40) foot easement lying along the westerly side
of their property adjacent to the Orange County Flood Control Dis-
trict channel. Said easement terminates at the northerly boundary
of CITXI-s property,
D. There has arisen some confusion over the established
property lines between OWNERS and the predecessors in interest of
CITY and it is the intention of the parties hereto to correct such
property lines.
E. It is the further intention of the parties to con-
vert said private easement into a public street through dedication,
thereof by OWNERS. Such dedication and the exchange of deeds as
i
E<oo 933 1$ 85? I
1� contemplated herein sriall be in consideration of,'and subject to,
2 the terms of this agreement as hereinafter set forth,
3 F. CITY proposes to bring in a 1o" City water main
4 along and within the easement to be granted by OVMTERS and to pro-
5�vide for the establ.isiiment of a gas pipeline along and within said
6 easemzent,
7.1 G. It is the intention of CITY to remove or cause to I
8 be removed the concrete works established by the former sanitary
9 district on MINERS' property,
10 TEYMS:
11 NO19 THEREFORE, IN CONSIDERATION OF THE 14UTUAL COVENAJ+TS
12 HEREIN CONTAINED, it is agreed by and between the parties hereto
13i as follows:
14 OWNERS AGREE:
15 1, That they will execute and deliver to CITY an ease-
4- + ,aori rnr Yi vinw=v nnf3 nllbl i c utility niirTJoses forty (40)
16 _
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17 feet in width adjacent to the Orange County Flood Control District
18 Channel between City's property and Del Obispo Street, all as more
19 particularly described in Exhibit "Alf, attached hereto and by this
20 reference made a part hereof. It is understood and agreed that CITY
21 will accept said easement as a public street, recognizing that a
22 portion of said forty (40) feet lies under the Flood Control Char_ -
23 nel berm and agreeing to accept the as is design standards and
241 grade elevation as proper,
25I2, That as their property along said public street is
developed by them or by their successors in interest OP/NERS agree
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that additional requirements of right-of-way, street lighting, curbs
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gutters, sidewalks, pavement and landscaping adjacent to the street;,
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will be met by them or by their successors in interest,
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3. That they will be subject to any and all utility
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connection charges, but that they will not be expected to p^y for
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the capital improvement cost of placing said utilities in said Fu -
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lic street, the latter cost being part of the consideration for
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the dedication of said right-of-way.
BOOK 93 18 PAGE B J3
CITY AGREES:
y. That it will accept the dedication and deed of
ment as described in Exhibit "A" and will accept the design stan-
dards, elevation and construction of said right-of-way.
5. That the present centerline of said street aili re-
main the ultimate centerline, provided, however, that additional
right-of-way may be required along the easterly side of said street,I
6. That it will install or cause co De 1115La11Cu u
ten inch (1011) water main and a gas line along the easterly side of
the easement described in Exhibit "A".
7. That it will execute and deliver to OWNERS a grant
deed to a triangular shaped portion of CITYTs property as more par-
ticularly described in Exhibit "B", attached hereto and by this re-
ference made a part hereof.
6.That it will move the present fence and rclocati it j
171 to coincide with the adjusted property lines brought about by the
18 granted of the property described in said Exhibit "B".
191 9. That it will remove, or cause to be removed, the
20 concrete works established on OVRIERS' property by the former sani-
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tary district, CITYts predecessor in interest.
IT IS 14UTUALLY AGREED:
10. That this Right -of -Way Agreement contains the en -
tire agreement between the parties and that there are no oral agree-
ments or representations between any of them.
11. That in the development of the public street create
by this agreement those requirements for change in width or alli;�_:n-
ment, or change of grade will only be required of OVINERS or their
successors in -interest when immediately adjacent to a parcel or
parcels upon which a building permit has been requested.
12. That this agreement will be executed with full
notarial acknowledgments and may, at the discretion of either party;
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be recorded.
BOOK 9318 pAG:854
IN WITNESS WHEREOF: the parties hereto have executed
this agreement as of the day and year hereinabove first written.
CITY OF SAN JUAN CAPISTRANO,
;Mayor
ATTEST;
ge?
�'o:: e i y o>
San Juan Capiptirana
"CITY''
Eugenie Dynarzabat,
STATE OF CALIF/O�R IA�j accA93 18 T«(;:8555
� COUNTY OF_
before me, the undersigned, a Notary Pub in and for
O
o said State, personally appeared - — --- _
u. known to me to be the personi whose name-
0 _ OFFICIAL SEAL
V subscribed to the within instrument and acknowledged to me , 'o\ `a WILLIAM JOHN CAVERLEY
NOTARY PUBLIC - CAUF
e that_ 'T F�execvt.d the same. QWiIA
7 PRINCIPAL CQFF:CcOUNT IN
WITNESS my hand and official seal. ORANGE COUNTY
e) J My Commission Expires Oct. 27, 1972
E/
o S Signature - -
t, Name (Typed or Printed) `�� (This area for official notarial seal)
25 11 - ----
To sag c
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STATE OF CALIFORNIA
Orange ss.
COUNTY OF
On June 1 1970 before me, the undersigned, a Notary Public in and for said
State, penonally appeared Eigerue r�haPZiitOai R
W Carman Oyharzabal
re
W known to me
A. to he the person 8 whose.name SC are subscribed
m to the within instrumenk,srid acknowledge -j that they
executed the same._ r ..
WITNESS my�jkaadd and. oflsejal Sea�s`�.•'t
4� C. A. 11 0 D N A R
Signature, pjOTARY PLBLIC-C%! I`rCRDlIA
i S.:•=' -•.•J
C A Bodnar
COUNTY OF ORANGE
*�.
Narne Cryped or Printed)
My conmisaion Expires Sept 27 1970 (Tula .r.. tar ata."...aTial .aa"
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bOOK 9318
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On May_�1.970, before me, the undersigned, a
Notary Public in and for said State, personally appeared
THERESE RODRIGUEZ, known to me to be the person whose name is
subscribed to the within instrument and acknowledged that she
executed the same.
WITNESS my hand and official seal.
(seal)
romr,nm,wxA,mn,r,xrnunx.nxm.... renmmMxm.nw,��,ww
OFFICIAL SEAL
`-4 HAROLD L. ELTERMAN
NOTARY PUBLIC. CALIFORNIA
.
eN*.•,^' PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
,`,AlArlrumamw W Iaunnmwm.o.wnnmy,ywmumwnulYW IIYYwY
Ny Commitsion Ex0fts April 13-, 19fA
otary Pu lic in n for said
County and State
My Commission Expires
1
RECORDED AT REQUEST OF
]RUTAN & TUCKER
IN OFFICIAL RECORDS OF
ORANCE CCLR:.Y, ^ALIF.
3,'! No, JUN 161370
1. VlyuE C:i4L'ii E, Comfy Recorder
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EXHIBIT "A" BOOK93I8 FA�;857
PARCEL B
A non-exclusive 40 foot wide easement for ingress and egress over
that portion of Lot 60, Tract No. 103 in the City of San Juan
Capistrano; County of Orange, State of California as shown on a Map
recorded in Book 11, Pages 29, to 33, Miscellaneous Maps, records
of Orange County lying 7.0 feet on each side of the following des-
cribed centerline:
Beginning at a point on the south line of Del Obispo Street
25.25 feet westerly, measured along said south line, from the
point of intersection of said south line with the westerly line
of Lot 58 in Tract 103, in the City of San Juan Capistrano, Coun
of Orange, State of California, as per Map recorded in Book 11,
Pages 29 to 33 inclusive, of Miscellaneous Maps, in the Office
of the County Recorder of said County; thence southerly, at a
right angle to said south line of Uel. Obispo Street, 12 feet to
a point of tangency on a curve, concave westerly and having a
radius of 75.feet; thence southwesterly along said curve an arc
distance of 45.42 feet, through a.central angle of 34°41'43"
to a point of tangency; thence southwesterly along said tangent
52.34 feet to a point of tangency on a curve concave easterly
and having a radius of 150 feet; thence southerly along said
curve an arc distance of 90.83 feet, through a central angle of
34°41143" to a point of tangency; thence southerly along said
tangent 233.16 feet to a point of tangency on a curve concave
westerly and having a radius of 1605.00 feet; thence continuing
southerly along said curve an,arc distance of 315.45 feet,
through a central angle of 11°15'40" to point of tangency;
thence southerly along said tangent 960.73 feet, more or less
to the westerly extension of the southerly line of Lot 59 in
Tract No. 103. .Said Westerly extension being the northerly line
of that certain parcel of land.conveyed to San Juan Capistrano
sanitary District by Deed recorded July 19, 1924 in Book 531 P
251, Deeds of said Orange County, thence S87°55'30"E 3.04 feet
Exhibit "A"
Page 1 of 3 Pages
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booK93 i 8 vAeL858
along said northerly line; thence S2004130"W along a line paralb
with the westerly line of said land conveyed to San Juan Capis-
trano Sanitary District 22.31 feet to a point in a line which
bears N85046'30" E from a point on the Westerly Line of said
land conveyed to San Juan Capistrano Sanitary District; said
Point being located 24.52 feet 52104'30"W from the northwest
corner of said parcel. The lines 20 feet easterly and 20 feet
westerly of the above description centerline should be elongated
or shortened so as to terminate on said line having a bearing
of N85046'30"E and on the southerly line of Del Obispo Street.
Exhibit "A"
Page 2 of 3 pages
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41 i ` 9VV` 9318 1ry'.359
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Exhibit "A"
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BDDR 93 1$ i f : B6
ARCS . A
parcel of land within the city of San Juan Capistrano, county of Orange,
;tate of California, described as follows:.
Beginning at the southeast corner of lot 59 of Tract No. 103 as shown on
Miscellaneous Maps of Orange County, California in Book 11, pages 29 through
" 33 inclusive; thence, along the southerly line of said lot 59, Norah 87055'30
West, 169.88 feet to the true point c: beginning; thence, continuing North
87055'30" West along said southerly line of said lot 59 and its westerly
prolongation a distance of 222.12 feet to the northwesterly corner of that
certain parcel of property conveyed to the San Juan Capistrano Sanitary
District as recorded July 19, 1924 in Book 531, page 251 of Deeds of said
Orange County, California; thence, South 2004'30" West, 24.52 feet along the
westerly line of.said property conveyed to the San Juan Capistrano Sanitary
District; thence, leaving said westerly property line, North 85046130" East,
a distance of 223.47 feet, more or less, to the true point of be
The above described parcel of land contains an area of 0.063 acres.
EXHIBIT "B"
s.
Page 1 of 1 pages