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1970-1231_OYHARZABAL, EUGENIE_Easement Deed_9507 653TECORDING REQUESTED BY: stport Home Build, WHEN RECORDED, MAIL TO: 23945 1-f ' 9Qi 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 c � liFr aJ 914 East Katella Avenue Anaheim, California 92805 11("t W, t Co /'V ST o, EASEMENT DEED la g//6 U IVO j, i JPS EQt/ll? co D �F f 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 - /0 1-% f )4S- 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 -2- 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: r 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. .�h Dated: 1970 EUGEN / YHA AL r' , ..� -3- M l TO 447 C (Individual) STATE OF CALIFORNIA ) } SS. COUNTY OF ' 7 ! L/jzj 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) lf. 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 r, f SanJ res it n '•� � � 3.95 � �� � � � I FTF T h