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
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CD
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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.