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1974-1126_PETERSON, KENNETH & BARNADETTE_Easement Deed_11294 359` R w Recorded A request of, and return to: WOODSIDE/KUOOTA & ASSOCIATES. INC. •xo�xuxs 2415 South Birch Street • Santa Ana, California 92707 • Phone: (714) 979-5240 46 BK 11294PG 359 RECORDED AT REQUEST OF FIRST AMER. TITLE INS. CO. IN OFFICIAL RECOi nS OF ORANGE COUNTY, CALIF. 8:OOAM NOV 26 1974 J. WYLIE CARLYLE, County Recorder I HEREBY DECLARE THE DOCUMENTARY TRANSFER TAX TO BE NONE CI Ty CLERK Project No. Project: Parcel No. EASEMENT DEED SJC 7448 A.P. # 668-017-06 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Kenneth B. Peterson and Bernadette Peterson do hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, a perpetual easement and right of way for DRAINAGE purposes in, on and over the real property in the City of San Juan Capistrano, County of Orange, State of California, described as: THE MOST NORTHERLY 7.00 FEET OF LOT 6, TRACT 5702 PER MAP RECORDED IN BOOK 250, PAGES 47 AND 48 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. O STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) On October 29, 1974, before me, the undersigned, a Notary Public in and for said County and State, personally appeared KENNETH B. PETERSON and BERNADETTE PETERSON known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal this 29th day of October, 1974. OFFICIAL SEAL "'14Y ANN HANOVER ORANGE COUNTY NOTARY LIC in and for said My commission E%piresApril 5.1976 Count and State 32400 Pasoo Adelanto, San Juan Canistrann, C,A n"75 20365 EXPAPT C Recorded A request of, and return to: WOODSIDE/KUOOTA & ASSOCIATES. INC. •xo�xuxs 2415 South Birch Street • Santa Ana, California 92707 • Phone: (714) 979-5240 46 BK 11294PG 359 RECORDED AT REQUEST OF FIRST AMER. TITLE INS. CO. IN OFFICIAL RECOi nS OF ORANGE COUNTY, CALIF. 8:OOAM NOV 26 1974 J. WYLIE CARLYLE, County Recorder I HEREBY DECLARE THE DOCUMENTARY TRANSFER TAX TO BE NONE CI Ty CLERK Project No. Project: Parcel No. EASEMENT DEED SJC 7448 A.P. # 668-017-06 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Kenneth B. Peterson and Bernadette Peterson do hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, a perpetual easement and right of way for DRAINAGE purposes in, on and over the real property in the City of San Juan Capistrano, County of Orange, State of California, described as: THE MOST NORTHERLY 7.00 FEET OF LOT 6, TRACT 5702 PER MAP RECORDED IN BOOK 250, PAGES 47 AND 48 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. O STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) On October 29, 1974, before me, the undersigned, a Notary Public in and for said County and State, personally appeared KENNETH B. PETERSON and BERNADETTE PETERSON known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal this 29th day of October, 1974. OFFICIAL SEAL "'14Y ANN HANOVER ORANGE COUNTY NOTARY LIC in and for said My commission E%piresApril 5.1976 Count and State 32400 Pasoo Adelanto, San Juan Canistrann, C,A n"75 STATE OF CALIFORNIA ORANGE > 8K 11294PG 360 COUNTY OF ORANGE ) SS. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California,do hereby certify that the attached instrument was duly approved and accepted at a Reg lar Meet'ng of the City Counc 1 of the City of San Juan Capistrano held onP�,c�, /, 397. Mary AnX Hanoder,�lerk� DATED: %�D/� ��3` City San Juan Capistrano wool' 9 A ASSCH oras, nac. 11 DECEMBER 1974 MEMORANDUM TO: MARY ANN HANOVER, CITY CLERK FROM: CITY ENGINEER'S OFFICE SUBJECT: DRAINAGE EASEMENT FROM PETERSON IN TROY HOMES ATTACHED IS THE RECORDED EASEMENT DEED, RECORDED ON NOVEMBER 16, 1974, IN BOOK 11294, PAGE 359, OFFICIAL RECORDS OF ORANGE COUNTY. ALSO ATTACHED IS A COPY OF TITLE INSURANCE POLICY FROM FIRST AMERICAN INSURANCE COMPANY, NO. OR -1162676. THESE DOCUMENTS SHOULD BE FILED UNDER DRAINAGE EASEMENTS IN THE CITY CLERKtS OFFICE. ENCLOSURE RESPECTFULLY SUBMITTED, CITY ENGINEER'S OFFICE CITY OF SAN DUAN CAPISTRANO, �.. )��G/. BY�/%%{�(� C ,G . GEORGE E." MADSEN SENIOR�,'PROJECT ENGINEER SJC 7448 O CC: PUBLIC WORKS DIRECTOR n .C3 rn CD C2 L SJC 7448 S C R I Form No. 1084 (10/73) A ME ' � � C9 California Land Title Association i . c�,� - Standard Coverage POIICY Form 4 a e" iA q, Copyright 1973 2' ;.� '.max ��• .� , w. POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. ba t, 1. First American Title Insurance Company BY r PRESIDENT E„ •' . � ATTEST SECRETARY ••.i ••Ob Y.P Hi Form No. 1084 — A CLTA Standard Coverage Policy Copyright — 1973 SCHEDULE A Total Fee for Title Search, Examination and Title Insurance $ 50.00 AmountofInsurance: $ 2,000.00 Policy No. OR -1162676 Date of Policy: November 26, 197+ at 8:00 A. M. 1. Name of Insured: CITY OF SAN JUAN CAPISTRANO. 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF SAN JUAN CAPISTRANO. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: An Easement. Page 2 IForm No. 1084 — B CLTA Standard Coverage Policy Copyright — 1973 SCHEDULE B OR -1162676 This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part One: I . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be as- certained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred.to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured here- under; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: 1. General and Special Taxes covering the herein described and other land for the fiscal year 1974-1975, amount $1,018.96; Code Area 23-025, A. P. No. 668-017-06. Page 3 OR -1162676 2. An Easement as shown on the Map of said Tract For: Public utilities and incidental purposes. Over: The East 3 feet of said land. 3. An Easement as shown on the Map of said Tract For: Drainage purposes and incidental purposes. Over: The North 7 feet of said land. 4. Covenants, conditions and restrictions in an instrument re- corded in Book 8855, Page 1 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, but deleting restrictions, if any, based on race, color, religion or national origin. 5. An Easement as set forth in the above instrument For: Installation and maintenance of utilities and drainage facilities. Over: The Front 3 feet of said lot. 6. A Deed of Trust covering the herein described and other land to secure an indebtedness of $36,000.00, recorded November 18, 1971, in Book 9892, Page 598 of Official Records, as Instrument No. 15347. Dated: November 8, 1971. Trustor: Robert C. Wells and Mary Phyllis Wells, husband Trustee: Beneficiary: The Beneficial assignment Dated: Recorded: To: and wife. Southwest Title corporation. Western Federal corporation. and Tax Company, a California Savings and Loan Association, a interest under said Deed of Trust was assigned by (none shown) December 7, 1972, in Book 10461, Page 263 of Official Records, as Instrument No. 6696. Federal Home Loan Mortgage Corp., a corporation. Page 4 Form No. 1056-4 All Policy Forms SCHEDULE C OR -1162676 The land referred to in this policy is situated in the State of California County of Orange, City of San Juan and is described as follows: Capistrano A perpetual easement and right of way for drainage purposes in, on and over the most Northerly 7.00 feet of Lot 6, Tract 5702, as per Map recorded in Book 250, Pages 47 and 48 of Miscellaneous Maps, records of said Orange County. EXCEPTING THEREFROM all of said property an undivided one-half of the oil, gas, and other hydrocarbons from that part of said land lying below a depth of 500 feet, but without the right of surface entry, as reserved by deed recorded September 12, 1962, in Book 6245, Page 49, Official Records. LJV:ns Page 5 • (Continued from inside front cover) the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When the amount of loss or damage has been definitely fixed in accordance with the con- ditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance in- sured against hereunder, by litigation or other- wise, removes such defect, lien or encumbrance or establishes the title, or the lien of the insured mort- gage, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured, as pro- vided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured without prior written consent of the Company. S. REDUCTION OF INSURANCE; TERMINA— TION OF LIABILITY All payments under this policy, except pay- ment made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto; provided, however, if the owner of the indebtedness secured by the insured mortgage is an insured here under, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2 (a) of these Conditions and Stipula- tions, shall not reduce pro tanto the amount of the insurance afforded hereunder as to any such in- sured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured owner of the indebtedness secured by the insured mortgage, except as provided in paragraph 2 (a) hereof. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance underthis policy, as to the insured owner of the estate or interest covered by this policy, shall be reduced by any amount the Company may pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, CONDITIONS AND STIPULATIONS or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgage any amountthat otherwise would be payable hereunder to the insured owner of the estate or interest cov- ered by this policy and the amount so paid shall be deemed apayment under this policy to said insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have paid or settled a claim under this policy, all right of sub- rogation shall vast in the Company unaffected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or re- lease a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not result in any loss of priority of the lien of the in- sured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and the Company is here- by ereby authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- pany. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Com- pany shall be subrogated to such rights and reme- dies emedies in the proportion which said payment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss shouldrewltfrom anyact of such insured claimant, such act shall not void this policy, but the Com- pany, in that event, shall as to such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorm, ments and other instruments, if any, attached hem to by the Company is the entire policy and con- tract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby, of any action asserting such claim, shall be restrictec to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or author ized signatory of the Company. No payment shall be made without producinf this policy for endorsement of such payment un lass the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnisher to the satisfaction of the Company. 12. NOTICES, WHERE SENT All notices required to be given the Compeny and any statement in writing required to be fur niched the Company shall be addressed to it at ih home office at 421 North Main Street, Santa Ana, California, 92701, or to the office which issued this policy.