00-0613_BECK FAMILY TRUST_Easement Deed_200003096020
Recording Requested by and
When Recorded Return to:
City of San Juan Capistrano
Attn: City Clerk
32400 Peseo Adelanto
San Juan Capistrano, California 92675
49
Recorded in Official Records. County of Orange
Gary Granville, Clerk -Recorder
1111111111111111111111111111111111111111111111111111111116.00
20000309602 01:18pm 06113100
115 12 G01 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
XXT011u01a 81] D) D11U
For valuable consideration, receipt of which is hereby acknowledged, ( I ) Marie Bailey Beck, being
the Trustee for the Beck Family Trust, do hereby grant to the CITY OF SAN JUAN
CAPISTRANO, a municipal corporation, a perpetual easement and right -of- way for road, ingress,
egress, street, sewer, utilities and access purposes in, across, over and through my property, situated
in the City of San Juan Capistrano, County of Orange. Grantor shall remain and be without any I
liability, and it is further understood that the easement terms and conditions are as contained in an P
easement deed granted to the County of Orange, recorded October 18, 1961, in Book 5884, Pages 1 CC
182 through 183. Said easement being described as follows:
A strip of land 30.00 feet in width within the northeast quarter of Section 11, T. 8 S., R. 8
W., S.B.M., lying southwesterly of and adjoining the following described line:
Beginning at a point in the northeasterly line of Lot 7 of Tract No. 318 as shown on a map
thereof recorded in Book 14, Page 39 of Miscellaneous Maps of said Orange County, said point being
distant N. 38 degrees 21'00" W., 566.64 feet from the intersection of the southeasterly prolongation
of said northeasterly line with the center line of McKinley Avenue, 40.00 feet in width, as shown on
said map; thence N. 38 degrees 21'00" W., 287.33 feet.
DATED: jStf aL 2000
Marie Bailey heck, Trust
Beck Family Trust, Grantor
STATE OF CALIFORNIA
CO OF ORANGE
S+ �unlc
3kpn-May 3 2000, personally appeared Marie Bailey Beck, ( or proved tome on
the basis of satisfactory evidence ) to be the person whose name is subscribed to the within instrument and
acknowledged tome that she executed the same in her authorized capacity, and that by her signature on the instrument,
the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official
seal.
[Seal]
STACEY HAINES
+_.. = COMM. # 1127606
Q i Npublic� y
I"�Y Commistim Exp. Y16/01
otary Si nature
0
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Juan Capistrano
ATTN: City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
n
Recorded in Official Records. County of Orange
Gary Granville, Clerk -Recorder
111111111111111111111111111111111111111111111111111111113 9.0 0
20000309604 01 18pm 06113100
115 12 Q01 12
0.00 0.00 0.00 0.00 33.00 0 00 0.00 0.00
SPACE FOR RECORDER'S USE
RENUNCIATION OF INTEREST RE:
IRREVOCABLE OFFER AND QUITCLAIM
I, the undersigned, Ruby Rae Cook, am the surviving wife of Robert
Cook, who is now deceased. In order to facilitate the recordation
of the Irrevocable Offer and Quitclaim of the property known as APN
673-061-09 to the City of San Juan Capistrano for ingress, egress,
street, utilities and access purposes which will be recorded
concurrently with this document and made a part thereof, I,
individually and as the heir of Robert cook, do hereby forever
renounce and quitclaim any and all rights, title and interests in
and to said property and approve and authorize Mary Cook Elliott to
execute the Irrevocable Offer and Quitclaim.
T
,_;P
102,
Dated: May 2?D , 22000
""(L� YGCLCi `--OTNC � Sl � � �� /lam. ��i.C�'-'� YY•'1 J �'�"` �'C. 7
RubyGRae Cook by Su an Cook Wilson d
her attorney in fact
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )ss.
On §- /;) 3%0 D before me, G)OX( -YA/ 10i07�O/_Lj
a Notary Public in and for said State, personally appeared SUSAN
COOK WILSON, p r proved to me on the basis
of satisfactory evidence) to be the person whose name is subscribed
to the within instrument, and acknowledged to me that she executed
the same in her authorized capacity as attorney in fact for Ruby
Rae Cook, and that by her signature on the instrument, the person,
or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal
Sig ture of Notary
Fc: c.rtlVnd: 51,7100 11:46AN1, 714 2e9 121n -> 1,49 673 7444; vpage 2
MA'(.17.2000 11:49RV!AlIRVINE LEGAL • NO.359 P.2'73
INN_tORBl WEX AUIDAVI`L
STATE Or VALIFORNIX)
cotwTy or SAN DIEGO
RUBY_ RAE COOK , of legal age, being Bret
duly sworn, deposes and given the following information, under
oath, pertaining to ROBERT COOK , deceased, a certified copy
of whose death certif:.oate in attached:
1. Said decedent ownad, at date of death, the following
described real property in California, REAL PROPERTY
DESCRIBED IN EXHIBIT A ATTACHED HERETO.
2. Was said decedent, at date of death, the owner of real
property in states other than California? yes _ no X
3. Full valus of all property, real and personal, in
California and elsewhere, including life insurance owned by
decedent at date of death $ 5.000.00.
h. Did decedent leave a will? yes X no �_ if answer is
" yea" , attach a copy,
5. Have probate procesdr!age been had in
+ California? yea _ no X If 4 yes" , what county?
rf answer is " yea" , attach certified copy of any dacree
or order distributing the estate or establishing
heirship.
* State Other that California? yen ____ no X If answer
is " yea" , attach certified copies of any docroe or
order distributing the estate or eatablishiaq heirship.
6. Have a7.1 debts of decedent, including those for last
illness and burial been paid? you X no _
7. said decadent did or did not, as indioatad, leave as
survivors the following: ** {ase below)
• Bather? yes _ no X rf 11 yes', give full name and
age
ncc.¢Svei�:
5/'.7/CO
11u46AM;
714 253 1215
-> 946 B75 7444;
Fa,e
I1RY.17.
2t�00 lY=•i9Rhi
��
TRVItIE L-EGRL
•
NC. 354
F.3/2
• mother? yen _— no X If " yea" give full name and
age
• Spouse? yes ._. no ^ If " yea" give full name and
age RUBY RAE COOK, ADULT
• Childzen? yes X. no _ If " yes" give full name and
ages of each
SUSAN COOK ULJON ADULT AND GREGORY.COOK ADULT.
• Children of deceased children? yes _ no X It
give full name and ages of each
• Brothers? yea _ no X if " yes^ give full name and
ages of each
• Slaters? yes X no _ If " yes" give full name and
ages of each
MARY COOK ELLIOTT ADULT.
a. This Affidavit is Made for the protection and benefit of
Chicago Title Company, Chicago Title Insurance Company and
all other parties 'hereafter dealing with or who may acquire
an interest in the above described property, in reliance
upon, among other things, the assurances contained in this
Affidavit.
If there is not ample space to complete all etatenents in full
attach a separate schedule to supply the requested information,
Said schedule shall be considered a part of this affidavit.
** If decadent left neither spouse nor issue, additional
information may be regsired (Probate Code Sections 6402, §402.5).
listed 20-00 � ®CLi7 GcT�2
® Affia� at RUBY COOK BY -d'
SUSAN COOK WILSON HER ATTORNEY I FACT
SUBSCRIBED AND SWORN To before lie thin Z 3 day of
foo .,
Notary PubliVin and for said County and State.
CAROLYN D. DOTSON
Commission # 1233393
i ro Notary Public - Colifomic
Son Diego County
My Comm. des Sep 25,2M3
0 0
EXHIBIT A
APN 673-0061-09
'That ponion of Lot 7 of'1'ract No. 318 in the City of San Juan Capistrano, County of
Orange, State of California, as shown on a map thereof recorded in Book 14, Page 39,
Miscellaneous Maps, Records of said Orange County described as rollews:
Beginning at the intererinu of the southeasterly prolongation of the northeasterly line of
Said Lot 7 with the centerline of McKinley Avenues, 40.00 feet in width, as shown on said
Map; thence along the northeasterly line of said lot north 3321'00" west, a distance of
566.64 feet to rhe tme point of beginning -
']'hence south 21°54'00" nest, a distance or 106.14 Feer,
Thence south C9°51'GO" east, a distance of 424.66 feet;
Thence south 43°59'00" east, a distance of 111.48 feet,
to the centerline of :McKinley Avenue, thence N 37°39'DY east
Luong said centerline a distance of 30.63 feet to a point distant
south 57°39';;0" west, 254.75 feet from the intersection of the
prolongation of the northeasterly lint, of said lot end the centerrtine
of McKinley Avenue.
Thence north 43'59'GO" west, a distance of 108 44 feet,
Thence north 09"51'07 west, a distance of 406.92 feet,
Thence north 21°54'0'0" east, a distance of 80.46 feet;
Thence north 3R°21 OJ" west, a distance of 34.56 feet;
To the true point of beginning:.
Containing 1857.3.52 square feet or C.4264 acres more or iess.
0IO
COUNTY OF SAN DIEGO
CERTIFICATE OF DEATH.FATE .1 �ALPZNUUU, s 199e37 0 13573
STATE FILE NUAVER USE wucx INK ONLY. UT[ OR ALTERNTOM[-1 LOCAL REGISTRATION NUNBER
A0237970 C"Re"OSnDlege-DeFek�mtotNe•Ib3ervlen-l9MAeseenuSYraL lLbYba[tlfyMR MAUiaeheOFFiC1AL5EAL
OFTHE SF4TE OF CALIFORNIA, the OFFICW. SEAL OF BAN DIEGO COUNTY AND THERM DEPARTMENT OF HEALTH
SERVICES. Eh®OSBED SEAL, *6 b • teue ropy of the ORIGINAL DOCUMENT FILED. Rgdrcd Oe pM.
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ROBERT I RUSSELL COOK
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INFORM"
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OFTHE SF4TE OF CALIFORNIA, the OFFICW. SEAL OF BAN DIEGO COUNTY AND THERM DEPARTMENT OF HEALTH
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05!24/00 01:26 FAX
act Pitt anib ronw-rat
I, Robert Russell Cook, a resident of the County Orange, State
of California, declare that this is my Will, and hereby revoke all
prior Wills and Codicils.
FIRST: I declare that I am married and that my wife's name is
Ruby Rae Cook, and all references in this Will to "my wife" or "my
spouse" are to her. We have two (2) living children whose names
are as follows:
Gregory Allen COOK, born February le, 1945
Susan Cook Wilson, born March 5, 1955
I have no other children or deceased children, nor issue of any
deceased children.
SECOND: It is my intentior in this will to dispose of all
property. I refrain from exercising any testamentary power of
appointment which I may have at my death.
Page 1 of 6 Initial KK C
05'24/00 01:20 FAX o2
THIRD: A. I give all my property, real or
personal, wherever situated, and all interest therein, to my wife
if she survives me for thirty (30) days. If she does not survive
me for thirty (30) days, or if we die simultaneously, then this
gift shall lapse and become part of the residue of my estate and
be disposed of as hereinafter set forth.
B. In the event my wife has predeased me, or in
the event of our simultaneous deaths, I give all my property real
or personal, wherever situated, and all interest therein to my
c'nildren as follows:
To my son, Gregory Allen Cook, Fifty percent (50%) of the net
value of my estate and to my daughter Susan Cook Wilson, Fifty
percent (50%) of the net value of my estate.
C. In the event any recipient of a gift set forth
in Item B above has predeased me, and is survived by issue, then
said issue shall take the share of the deceased person by right of
representation,
FOURTH: As used in this Wi11, the term "issue" shall refer
to lineal descendants of all degrees, and the terms "child",
"children" and "issue" shall include adopted persons; and the term
"my child' and "my children" shall include any other children
hereafter born to or adopted by me.
FIFTH: no interest shall be paid on any legacy given under
this Will or any Codicil to it,
Page 2 of 6 Initia'k)K-C
05/24/00 01:26 FAX Z03
SIXTH: I direct all inheritance, estate or other death taxes
that may by reason of my death be attributable to my probate estate
or any portion of it, or to any property or transfers of property
outside my probate estate, including inheritance taxes and/or
estate taxes on any joint tenancy property, shall be equitably
prorated among persons to whom such property may be transferred or
to whom any benefits accrue.
SEVENTH: i direct that all the expenses of my last illness,
if any, all my just debts, and my funeral expenses to be paid from
my estate. All funeral arrangements are to be made by Executrix
at her sole discretion.
EIGHTH: A. I nominate my daughter Susan Cook Wilson, a
resident of San Diego County, California, as Executrix of this
Will. If for any reason, she should fail to serve, I nominata my
son Gregory Allen Cook as Executor of this Will. No bond shall be
required of any person named herein to act as Executrix or
Executor. The term "my Executor", "my Executrix" as used in this
will shall include any personal representative of my estate.
B. I authorize my Executrix to sell, w,th or
without notice, at either public or private sale, and to lease any
property of my estate subject only to such confirmation as may be
requires by law,
C, I further authorize my Executrix either to
continue the operation of any business belongings to my estate for
such time and in such manner as my estate, or to sell or liquidate
the business at such time and on such terms as my Executrix may
Paye 3 of 6 Initial c.
05/24;00 01:26 FAX Z04
•
deem advisable and for the best interest of my estate. And such
operation, sale or liquidation by my Executrix, in good faith,
shall be at risk of my estate and without liability on the part of
my Executrix for any resulting losses.
D. my Executrix shall determine, in a manner which
would minimize taxes, whether any or all expenses of administration
of my estate shall be used as Federal estate tax deductions, or as
Federal income tax deductions, and whether date of death or
alternate valuation values should be used for estate tax purposes.
No beneficiary under this Will, whether an income beneficiary or
a remainderman of any trust or other beneficiary, shall have any
right to recoupment or restoration of any losses the benericiary
suffers as a result of the use of any such deductions for one or
the other of such purposes.
E. I further authorize my Executrix, on any
preliminary or final distribution of the property of my estate, to
partition, allot and distribute my estate in kind including
interests in my estate or any part of it, or partly in cash and
partly it kind or entirely in cash, in my Executrix's sole
discretion..
NINTH: I have not entered into either a contract to make a
Will or a contract not to revoke a Will.
TENTH: As used in this Will, the masculine, feminine or
neuter gender, and the singular or plural number shall each be
deemed to include the others whenever the context so indicates.
Page 4 of 6 Initial!�=C-
05/24/00 01:26 FAX 05
•
ELEVENTH: If any provision of the Will is unenforceable, the
remaining provisions shall be carried into affect.
TWELFTH: If any devisee, legatee or beneficiary under this
Will or his or her assignee shall directly or indirectly contest
it or any of its parts or provisions, any share or interest giver
that person shall be revoked and this Will, and all of its
provisions, shall be construed upon the assumption and basis that
said person predeased me without issue.
I SUBSCRIBE MY NAME TO THIS WILL this ? day of
)'l;r4?'LX 1990, at San Juan Capistrano, California,
i�rai
Robert Russell Cook -
The foregoing instrument, consisting of six (6) pages,
including the page signed by us as witnesses, was at the date
hereof by Robert Russell Cook signed as and declared to be his
Will, in the presence of us, who, at his request, and in his
presence and in the presence of each other, have subscribed our
names as witnesses thereto. Each of us observed the signing of
this Will by Robert Russell Cook and by each other subscrioing
wL
tness and knows that the signature is the true signature of the
person whose name was signed.
Each of us is now more than eighteen (18) years of age and a
competent witness and resides at the address set forth after his
name. We are acquainted with Robert Russell Cook. At this time,
he is over the age of eighteen (18) years, and to the best of our
knowledge, he is or sound mind and is not acting under duress,
Page 5 of 6 Initial )Z'&
- OSY24'00 01:20 FAX _ 00
0
menace, fraud, misrepresentation or undue influence.
We declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
Executed this ��� day of 1 1990.
residing at
residing at rt -1
0e
-esiding at Z gT%Z !,11rr, il'
Page 6 of 6 Initial tzC
. � s
H. WILLIAM LOPER
A PROFESSIONAL LAW CORPORATION
H. WILLIAM LOPER 504 W. MISSION AVE., SUITE 104
ESCONDIDO, CALIFORNIA 92025-1603
(760) 489-6055
FAX (760) 489-8827
6101 BALL ROAD, SUITE 301
CYPRESS, CALIFORNIA 90630
1-(800)443-9137
PLEASE REPLY TO:
May 23, 2000 ESCONDIDO
Marc Goldstein, Esq.
620 Newport Center Drive, 11" Floor
Newport Beach, CA 92660
Re: Cook/Elliott
Dear Mr. Goldstein:
Pursuant to our telephone conversation today, I am enclosing
the revised Renunciation of Interest Re: Irrevocable Offer and
Quitclaim and Informatory Affidavit signed by Susan Cook Wilson,
attorney in fact for Ruby Rae Cook.
Very truly yours,
H. William Loper
A PROFESSIONAL LAW CORPORATION
ymx
By: i
H.
HWL/cdd
Enclosures