1970-1231_OYHARZABAL, EUGENIE_Easement Deed_9507 653TECORDING REQUESTED BY:
stport Home Build,
WHEN RECORDED, MAIL TO:
23945
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Inc.
Westport Home Builders, Inc
RECORMWAT REQUEST D—F
w FIRST AMER. TITLE INS. CO.
IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIF.
FREE 8:01AM DEC 31 1970
I WYLIE CARLYLE, County Recorder
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914 East Katella Avenue
Anaheim, California 92805 11("t
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EASEMENT DEED la g//6 U IVO j, i JPS
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FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
EUGENIE OYHARZABAL, a widow, hereby grants to the CITY OF SAN JUAN CAP-
ISTRANO, a municipal corporation, an easement for construction of nec-
essary 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 rigbt—to-grant, convey or
dedicate said easement to the Orange County Flood Control District, 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, then the responsibility
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,
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 reave the improvements to be construct -
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9507ri.6E654
ed 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 easements, provided,
however, that said reserved rights could only be exercised after first
obtaining the prior written approval of the city and county engineers
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' re-
maining lands are subdivided; to construct, relocate, repair, maintain
and use and dedicate streets, alleys, roadways, curbs, sidewalks, pipe-
lines, 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 ex-
cavation, and shall restore the surface of said area to the condition
as it existed prior to such excavation insofar 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 con-
nection with such excavation.
Grantee agrees 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 employees or agents, or by any
act or omission for which Grantee or its employees or agents are li-
able 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 caused in whole or in part by any negligence of
Grantors or their employees or agents, or by any act or omission for
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which Grantors or their employees or agents are liable without fault.
This easement is granted upon the following specific limi-
tations: 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.
Said easement covers the following described real property:
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That portion of the North one-half of Section 1,
Township 8 South, Range 8 West, S.B.B. & M., be-
ing 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 North [Vest
one-quarter of said Section. The herein described
being adjacent to and Westerly of Parcel Q 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 Re-
cord of Surveys as North 15°31'13" West 301.19 feet:
thence along said Westerly line the following
courses and distances: North 30048'02" West 152.71
feet; North 24025'34" West 336.61 feet; thence leav-
ing said Westerly line; South 22006'33" West 48.22
feet; South 24025'34" East 303.44 feet and South
43°19'25" East 160.41 feet to the POINT OF BEGINNING.
Except tlat portion lying outside of the boundary of
said Parcel P as shown on said map filed in Book 2,
page 31 of Record of Surveys of said County.
Containing 0.053 acres more or less.
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Dated: 1970
EUGEN / YHA AL
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(Individual)
STATE OF CALIFORNIA )
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COUNTY OF
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On[S�"r ,[ p �t Y_.Z�/ �� 1 f before me, the undersigned, a Notary Public in and for said
State, personally appeared y.�.c iC �Ij/ G/�
to be the person _ whose name ./� subscribed
to the within instrument and acknowledged that f�G
executed the same.
WITNESS my hand and official seal.
��A.�Ot riv-1 Jf ��
Name (Typed or Pri ed)
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
known to me
OFFICIAL SEAL
.•,M CA-,-. ,:JNE A. YATES
\s' PlJ '?3Y" PU3LIC - C4! iPORPlIA
�a/ Oi2ANGE COUNTY
My Commission Expires Mar. 5, 1974
ss.
(Thla area for o0leial notarial seal)
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O
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 Council of the City of San
Juan Capistrano held on the _2.j Sr day ofi1tB� ,
19*70 , by pJA /n/ -vote.
3.
now—
wWr' Jetta Anaya
Deputy City Clerk f the
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