1971_0601_OYHARZABAL, EUGENIE_Easement Deed_9659 455/ ♦ l2RCORDING REQUESTED B
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WHEN RECORDED, MAIL TOT---
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RECEIVD
JACK Y. KUBOTA
CONSULTING ENGINEER
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REE
CARLSBAD, CALIFORNIA -92008
11
1071
JA' K
Y.
KUBOTA
6 EER
9659 PAR455
�~RECOROED AT REauE„ nr
U.M A' P. T,T1E INS. CO.
IN OFFtahi ':',.ORDS OF
ORANGE CUUNTY, CALIF.
MI AM JUN 1 1911
J. WYLIE CARLYLE, Count) Reomrer
S�
No Transfer stamp required
r
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 portions of tentative Tracts
7192, 7193, 7194 and 7195.
GRANTEE(s) herein shall have the right 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 remove the improvements to be construct-
�.'L
9659 wf 4%
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 Grantors against and to hold
Grantors harmless from any loss of or damage to any property, or in-
jury 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 in-
jury or death is proximately caused in whole or in part by any negli-
gence of Grantors or their employees or agents, or by any act or o-
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e,aK' 9659VA457.
mission for 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.
"44 Nrwt swere a* Iskadw a f 409MMi vast fs'.PtIN I
That portion of the North one-half of Section 1.
To'n+rship 8 South, Range 8 West, S.B.B.& M., be-
a...y a portion of Parcel P and Parcel O as shown
on a map filed in Book 2, pages `31 of Record of
6i;.rveys, of Orange County, California, also being
adjacent to and Westerly of Parcel Q as shown on
said map and subsequently 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 Southerly terminus <::f a course
in the Westerly line of said Block Q as shown on
map filed in Book 84, pages 33 and 34 of Record
of Surveys as North 15°31'13" West 301.19 feet;
thence along said Westerly l: :c- the following
courses and distances: South 053'59" West
428.62 feet; South 12048143" ::<:e.t 73.81 feet;
South 35048134" East 529.66 feat: .:o.ah 16°18159"
East 177.81 feet; South 19029 0L" ;-r,_z 1.25.00 feet,
thence leaving said Westerly _ine r.re following
several courses: North 27026'08" West 127.27 feet;
Nor"- '6°18'59" West 171.44 feet; Nor. -Ch ;7016'13"
Wes, 430.13 feet to the beginning of a tangent
-v.. concave Easterly having a _.aius of 3410.00
yet trance along said curve Nortn erly through
centra. angle of 38°06'16" an a::':. distance of
s_9.i7-feet to a tangent line; North ;,0°53'59"
acs
1�i-5.42 feet; north 02012-106" F."t 2a8w06
feet; and South 8$004101' Nast 30.00 feet to the
POINT OF BBGINNIMG.
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ET,i 9659 pa456
Except that portion lying within said Parcel 0
as shown on said map filed in Book 2, page 31
of Records of Surveys of Said County.
Containing 0.735 acres more or less.
Dated: October / , 1970
TO 447 C
(Individual)
STATE OF CALIFORNIA
COUNTY OF ��h� SS.
On —7 '��� / /�/%0 before me, th(
State, personally appeared L�
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Fto be the person _ whose name �q subscribed
m to the within instrument and acknowledged that
executed the same.
WITNESS my hand and official seal.
Signator
,4vats
Name (Typed or P ted)
O
undersigned, a Notary Public in and for said
known to me
eOFFICIAL SEAL
°' CAROLINE A. YATES
m �<;� . a
NOTARY PUBLIC • CALIFORNIA
ORANGE COUNTY
Ccmmission Expires Mar. 5, 1974
(Tab .n4 ft .HY.1 .~.[ ...n
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 Co41}p�cil of the Cit of San
Juan Capistrano held on the day of ,
19,L, by L&VAVjMGtli vote.
lh
Deo&%%,"Oi' y Clerk A the
City of -San .Tuan Capistrano
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