1990-0104_SEZZON PROPERTIES, INC_Construction and Slope Easement_90-006631r '90-006631
0
Recorded at the Request of Documentary Transfer Tax
and Return to:No Tax Due
EXEMPT Recording Request Per
CITY CLERK'S OFFICE C14 Government Code Section 6103
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
MARY,M4N HANOVER, CITY
CLERIC, CITY OF SAN JUAN
CAPISTRANO
Project No.:
Project: Lallovia Avenue
Extension
Parcel No. 1:
L U
CONSTRUCTION AND SLOPE EASEMENT
FOR A VALUABLE CONSIDERATION,, receipt of which is hereby acknowledged,
SEZZON PROPERTIES, INC., hereinafter referred to as Grantor, does hereby GRANT to
CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as Grantee, a construction
and slope easement for street purposes in, on and over the real property in the City of
San Juan Capistrano, County of Orange, State of California, described as:
ing:
DESCRIPTION OF EASEMENT:
See "Exhibit A" attached for legal description.
The Grantor hereby grants, bargains, sells and conveys to the Grantee the follow-
A right, during the period of construction of the LA NOVIA right-of-way
extension, to enter the described area to make tests, grade, reinforce and landscape the
property in sufficient quantity to allow the construction of the right-of-way on the
adjacent property which is owned by the Grantee.
2. A right and obligation on the part of Grantee to continue in perpetuity, to
maintain the landscaping and any associated hardscape to assure the continued stability
of the slope and the esthetics of the planted area. The Grantee shall maintain landscap-
ing after Guarantee's construction of improvement on Grantee's property.
E
3. A right and an obligation on the part of Grantee to enter the property to
make repairs to the property as may be required.
The Grantor reserves the right to construct improvements on the easement granted
hereby so long as said improvements do not otherwise violate the building codes of the
City of San Juan Capistrano regarding set backs from property lines and do not interfere
with the roadway to be built by the City of San Juan Capistrano.
The parties agree that this grant of easement shall not affect the rights of the
Grantor to construct improvements on the Grantors property, including the easement area
and that the existence of the easement shall not affect the normal building set -backs
under the building code for the City of San Juan Capistrano.
This easement is granted to the Grantee, its heirs, assigns, successors, administra-
tors and licensees and is for the benefit of and appurtenant to, the said land of Grantee.
IN WITNESS WHEREOF the Grantor has executed this document this o
day of & 1989.
SEZZON PROP RTIESS, INC
1z
COMMONWEALTH OF MASSACHUSETTS )
�i
ss.
COUNTY OF
On {.�c V 1989 before me fhe un ersigned, a Notary Public in and
for said State, personally appeared , personally known to me (or
proved to me on the basisf satisfactory vidence) to be the person that executed the
within instrument as the res fdtfut $erre" of the Corporation that executed
the within instrument and acknowledged to me that such corporation executed the within
instrument pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
[seal]
"4#6 G. >glld" •••
NotarY Public
mon Expires On
12 FebraarY 1993
EXHIBIT "A"
G
La Novia Avenue Right of Way extension across property owned by Tekmar
Development, as recorded in Inst. No. 86-655825, Official Records:
Those portions of Section 12, Township 8 South, Range 7 West of the San
Bernardino Meridian, in the City of San Juan Capistrano, County of Orange,
State of California, according to the Official Plat of said land filed in the
District Land Office, April 12, 1875, and that portion of Lot 42, in Township
8 south, Range 7 West, in the Rancho Boca de la Playa in said city and county,
as per map recorded in Book 4, pages 118 and 119 of Patent in the office of
the County Recorder of Los Angeles County, California, described as follows:
For slope easement and construction purposes:
BEGINNING at an angle point in the westerly line of a parcel of land shown on
a map recorded in Book 91, page 29, Record of Surveys, in the office of said
Orange County Recorder, said point being also an angle point in the
northwesterly line of Lot 5, as shown on a map recorded in Book 4, page 15,
Record of Surveys, in the office of said Orange County Recorder; thence along
the westerly line of said parcel of land shown on a map in said Book 91, page
29, North 550 28' 25" East 165.00 feet; thence departing said westerly line
North 830 17' 36" West, 262.45 feet to a point on the easterly line of
property described in a deed to the State of California, recorded in Book
8404, page 963, Official Records; thence along said easterly line South 90 50'
02" West, 122.00 feet; thence departing said easterly line South 880 26' 25"
East, 145.61 feet to the POINT OF BEGINNING.
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CITY OF SAN JUAN CAPISTRANO
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
This is to certify that the interest in real property conveyed by the
Construction and Slope Easement for the La Novia Avenue Extension, dated December
18, 1989, from Sezzon Properties, Inc., to the CITY OF SAN JUAN CAPISTRANO, a
political corporation and/or governmental agency, is hereby accepted by order of the
City Council on January 2, 1990, and the grantee consents to recordation thereof by its
duly authorized officer.
DATED: January 3, 1990
(SEAL)
MARY ANN
,,4fANOVER,City Clerk
City of San Juan Capistrano, California
RECORDED IN OFFICIAL RECORDS
OF ORANDECOUNW, CALIFORNIA
2:30
P•M• JAN 41990
4� a. VDtavaaZ WINDER