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10-0107_JAMES T. COLE TRUST_Easement Deed_2010000505490 (2). UV RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE 27383 & 6103 CITY OF SAN JUAN CAPISTRANO Eastern Wells and Pipeline, CIP 08802 Recorded in official Records, orange County Tom Daly, Clerk -Recorder IfllllllillllNilllliillllfllllllillllllllllfililllli NO FEE 2010000505490 8:03 am 10107110 47 4'121:01 13 0.00 0.00 0.00 0.00 36.00 0.00 0.00 0.00 (Space above this line for Recorder's Oise) Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 Maria Morris, City Clerk r r! FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, James T. Cole Trust ("GRANTOR") does hereby grant to City of San Juan Capistrano, a California municipal corporation ("GRANTEE"), a non-exclusive easement and right-of-way in, over, under, upon, along, through and across the real property, 32332 Camino Capistrano (Assessors Parcel Number 668-113-01), situated in the City of San, Juan Capistrano, County of Orange, State of California, as described in Exhibit "A" and shown on (sketch) Exhibit "B" attached hereto and by this reference made a part hereof. Such easement and right-of-way shall be for Public Utilities and above or below ground appurtenances. Such easement can be used for Public Utility purposes, including, without limitation, the right to eater upon, pass, re -pass along said land, to lay, construct, reconstruct, remove, replace, renew, inspect, maintain, repair, improve, relocate, fill or re -grade, and otherwise use Public Utility facilities; to deposit tools, implements and other materials during said work, together with such connections, structures and facilities incidental thereto. The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, W:IENGICPTLIPIPE_LINES\Eastern_Wells_Pipe3ine\ENG\EasementsiFinal Easement DocsWTCole EasementDeed.doc to reasonably use the surface of the easement area for such purposes which do not burden the rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior approval of the City of San Juan Capistrano: 1. Construct or place any street, alley, roadway or any other improvement or structure within the easement area. 2. Place upon or remove from the easement area any earth or material, 3. Place upon the easement area any trees or plant material that would interfere with the installation and maintenance of public utility facilities. James T. Cole 30270 Rancho Viejo Rd A San Juan apistr 92675 i By: Name, Title < C) Date 8igned ATTEST: (Attach Alt -Purpose Acknowledgement) CALIFORNIA NOTARY ACKNOWLEDGEMENT ATTACHED B .=2 110 - 4 ACKNOWLEDGMENT State of California County of— ORANGE On .21 i C) before Inc, R-1-1- BADANI, Notary Public Onsei I name and title of the officer) personally appeared 'S a 1 C ) UL __& — who proved to me on the basis of satisfactory evidence to ire the person(s) whose nalne(s) isle subscribed to the within instrument and acknowledged to me that hels4ieley executed the Same in his/haro�ir authorized capacity(ie5), and that by his/hef-A44eir signature(s) on the instrumeril the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument_ I certify under PENAL] _Y OF PERJURY under the laws of the State of Califomia that t hof foregoing paragraph is true and correct. WITNESS my hand and officiai seal. R. H. BADANI COMM ... 1799863 NOTARY PUBLIC -CALIFORNIA -ORANGE COUNTY My Tem Exp, May 31, 2012 Sice3turitijxzLr2&_ (Seal) ()iITIONIA1, Thoul"11 the infijm'�aJoll k -'41w iii 11W IcqLlltol by ;aw_ lt 1111w ffL)Vl) V;IkNlbC tO I)Cj',StfljS (qj 111C docill1w,111 akd cimld pic1'C111 J­Ildolcw ;tlld ol'lhis jol III do�:Ilmclll' Title orTypc ofDoctimcni: Document Date: 21 10 NLlmber of Pagcs: (No, SilDlucr(s) OtherThan Named Abovc: CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that certain Easement Deed attached hereto from the JAMES T. COLE TRUST to the City of San Juan Capistrano is hereby accepted by the undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its duly authorized officer. Dated: �' 3//0 GRANTEE City of San Juan Capistrano J Tait Cty Ma ger PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On September 23, 2010, before me, Maria Morris City Clerk, personally appeared Joe Tait, City Manager, who proved to me on the basis of satisfactory evidence to the be person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) Capacity Claimed by Signers City Manager Title Signer is Representing City of San Juan Capistrano OPTIONAL Description of Attached Document Title or Type of Document Easement Deed -- James T. Cole "frust (Grantor) — 32332 Camino Capistrano (APN 668-113-01) Date of Document: September 23, 2010 Number of Pages: 13 EXHIBIT "A" AN EASEMENT FOR WATER LINE PURPOSES THAT PORTION OF LOT 34, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP OF SAN JUAN CAPISTRANO AND VICINITY, FILED IN BOOK 2 PAGES 31 THROUGH 38, INCLUSIVE, OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED IN THE QUITCLAIM DEED RECORDED OCTOBER 08, 2003 AS INSTRUMENT NO. 2003001238561 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THAT CERTAIN CURVE DESCRIBED AS BEING CONCAVE WE, AND HAVING A RADIUS OF 2050 FEET A CENTRAL ANGLE OF 7° 08' 08" AND AN ARC DISTANCE OF 255.30 FEET IN SAID QUITCLAIM DEED, SAID POINT BEING NORTHERLY 55.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01° 33'34" FROM THE SOUTHERLY TERMINUS OF SAID CERTAIN CURVE, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 780 38'02" EAS I'; TITENCE LEAVING SAID CERTAIN. CURVE NORTH 69° 2554" EAST 18.44 FEET; THENCE NORTH 62° 41' 31" EAST 67.34 FEET; THENCE NORTH 56'31' 19" EAST 162.78 FEET; THENCE NORTH 68° 42' 27" EAST 113.07 FEET; THENCE NORTH 56° 3I' 54" EAST 34.26 FEET TO THE SOUTHEAS'T'ERLY LINE DESCRIBED AS "NORTH 340 21' 05" EAST 618.72 FEET" IN SAID QUITCLAIM DEED AND THE TERMINUS OF SAID 20.00 FOOT WIDE STRIP. THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP SHALL BE PROLONGED OR SHORTENED ON THE SOUTHWEST SO AS TO TERMINATE IN SAID CERTAIN CURVE AND ON THE NORTHEAST SO AS TO TERMINATE IN SAID SOUTHEASTERLY LINE. CONTAINING 7,918 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO THE COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS, IF ANY, OF RECORD. Page 1 of 2 PREPARED BY ME OR UNDER MY DIRECTION THEODORE M. R.RULL L.S. 5848 DATE REGISTRATION EXPIRES DECEMBER 31, 2010 SRN. 313.2436001 April 15, 2009 N_tAcadprojlCSCICs2436\LEGALSiWATFRLM AP6fi8-113-Q1.doc Page 2 of 2 PREPARED BY ME OR UNDER MY Dlff-CRON I THEODORE M. XPULL L.S. 5848 DA TE REGISTRATION EXPIRES DECEMBER .31, 2010 S. R. N, J13.2436007 HI� "�': SHEET i OF 1 SHEET y1 t' IQ _ I AV NINA PADRE ��I f NBBf�?8"YJ ` 10•I3' 170,00' - "[ J ---- ----? 2, - �t jr z lq- �f Q f ......•. ,_, f 11 r i♦ A�� :' 0� � 1 G> Al 3C7' GRAPHIC SCALE 50 t OG PGO 3S1 1N FEET inch 100 f, - f � r � •., LEGEND.' q7 � INDICA FES EA5E �41E^i F AREA V.,c-- _r PREPARED BY ME OR UNDER MY Dlff-CRON I THEODORE M. XPULL L.S. 5848 DA TE REGISTRATION EXPIRES DECEMBER .31, 2010 S. R. N, J13.2436007 ORANGE COA5TTITL', CO. RgCORDINC REQUESTED BY: Recorded €n Of Wal Records, County of Orange Tann Daly, Clerk -Recorder i! II II /III VIII [/III l�llillill if 111 llllNilllEl l 11111 32„00 AND WHEN RECORDED, , MAIL M 2003001238561 03:54PM 90108/03 JAMES T. Ct)LE AND SUSAN B. COLE � 10621 010 4 �( f• f °' � q�� 0. 00 0. 00 0.00 20. 00 M 00 Q.00 0.00 0.00 THIS SPACE FM ?.FC0-9k'5USH ONLY QUITCLAIM DEED ASSHSSOR'S PARCEL NO_ The undersigned Grantor(s) declare that the DOCUMENT TRANSFER TAX IS: 668-113-01 sic 668-454-41 -4- county City TrrLE C; RDER NO.:,5c' ) t( 1'13) _ computed. on the full value of the interest of praperty conveyed or BROW NQ.: _ computed on the firll value fess the value of liens or encumbrances remairittg thereon TRA NO_ 23-039 at the time of sale. XX OR transfer is E) MPT from tax for the following reasons: THIS QUITCLAJM DEED 19 BEING RECORDED AT NO MONETARY VALUE IT IS BEING RECORDED FOR THE SOLE PURPOSE OF THE CORRECTION OF THE NAME OF FEE OWNERSHIP FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES T, COLE AND SUSAN B. COLE, TRUSTEES OF THE COLE FAMILY TRUST DATED 10112188, WHO ACQUIRED TITLE AS JAMES T. COLE AND SUSAN B. DOLE, TRUSTEES OF THE COLE FANRLY TRUST DATED 10114188 hereby REMISES, RELEASES and QUITCLAIMS to JAMES T. COLE AND SUSAN B. COLE, TRUSTEES OF THE COLE FAMILY TRUST DATED 10\12\88 all that real prop:rM situated in the County of ORAN(3E, State of CA, described as: FULL LEGAL DESCRIPTION IS AS PER EXHIBIT "A” ATTACHED HERETO AND MADE A PART HEREOF. Dated September 25, 2003 State of California County1, + on t O -Z - Q3_ _ before roe, ut 107 Shu A) personally appeared _ �# k�E 5 �i L t-_ ` iF �J nt (-r�L personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose narne(s) Ware subscribed to the within instrummA and acknowledged to that WsVithey executed the sauce in YV41 r/thek authorized eapacity0es), and that by 11%5*1thair signaturc(s) on the instrurrrent the person(s), or the entity upon behalf of which the persons) acted, executedtheinstrument. W S nd and a JAMES T. COLE, TRUSTEE SUB. COLE, TRUSTEE 1VILi1RN€ N. ODELSON ,Z Comm, # 1279067 rn •• NOTARYPWREIC•CALIFORWA V1 Orange cwftty MyC2mm,Expires Oct. 1,2004 i ,111, 111 1 11111 r_ cnjis area for official wtary seal) W,11, TAX STATEMENTS TO: Order No. SO -162731-9 EXHIBIT "A" THE LAMB REFERRED T() IN THIS REPORT IS SITUATED IN pHE STATE OF. CALIFORNIA, COUNTY OF ORANGE AND 15 DESCRIBED AS FOLLOWS- ~S, PARCEL A THAT PORTION OF LOT 34, IN THE CITY OF SAN ALLAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PEP, MAP OF SAN JUAN CAPISTRANO AND VICINITY, FILED IN BOOK 2, PAGES 317'0 38 INCLUSIVE OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; BEGINNING AT T14E INTERSECTION OF THE EASTERLY LINE, OF AVENIDA LOS AMI(303, 56 FFXr WIDE, WITH TIN? SOUT14ERLY LINE OF AVENIDA PADRE, 50 FEET WIDE, ALL AS SHOWN ON A MAI' OF TRACT NO. 1389, RFCORDED IN BOOK 42, PAGE S OF MISCFLLANUOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH88° I4' 2S" WEST ALONG SAID SOUTHERLY LINE OF AVENIDA PADRE, 170.00 PE.ET TO THE FASTERLY LIME OF THE ALLEY, 20 FEET WIDE, AS SAID ALLEY 18 SHOWN ON THE MAP OP TRACT NO, 1269. RECORDED IN BOOK 39 PAGE 22 OF MISCELLANBOUS MAPS; THENCE SOUTH 1' 45' 32" WEST ALONG SAID EASTERLY LINK OF SAID ALLEY TO THE INTERSECTION THEREOF WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 22 OF SAID 'TRACT 1264; THENCE NORTH 890 14' 28" WEST ALONG SAID EASTERLY PROLONGATION AND ALONGSAID SOUTHF3ti,.Y LINE OF LOT 22, A DISTANCE OF 175.06 PEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 22, SAID SOUTHWESTERLY CORNER. OF SAID LOT 22 BEING ON A CURVE CONCAVE WESTERLY RAVING A RADIUS OF 2050 FEET AND SAID CURVE BEING CONCE"NTRW WITH AND DISTANT 20 FEET EASTERLY, MEASURED RADIALLY FROM THAT CERTAIN CURVE IN T14E EASTERLY LINT; OF THAT CERTAIN ROAD, 60 FEET WIDE, SHOWN AS CALIFORNIA STATE HIGHWAY. 60 FEET WIDE ON SA.") MAI' OF SAN JUAN CAPISTRANO AM VICINITY, SAID EASTERLY LINE BEING SHOWN ON SAID LAS-MENTIOI, 9D MAP AS BEING A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2030 FEET, PASSING THROUGH AN ANGLE OF 110 10' 00" AND HAVING AN ARC LENOIR Of 345.64 FEET; THENCE SOUTHERLY ALONG SAID CONCENTRIC CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 2050 FEET FROM A TANGENT WHICH BEARS SOUTH 5' 47'24" NEST THROUGH AND ANGLE: OF r 08' 08", AN ARC DISTANCE OF 255.30 FEET; 'I HENCE TANGENT SOUL'$ 12" 55'3r WEST 166.36 FEC T; "THENCE SOUTH 32" 04'30" EAST 35.36 FEET; THENCE SOUTH 770'04'29" BAST 2.85 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY AND IIAVING A RADIUS OF 1450 I"RRT, THENCE EASTERLY ALONG SAID LAST 14IENTIONED CURVE THROUGH AN ANGLE OF 3' 4F4 8- AN ARC DISTANCE OF 67.74 PEET, THENCE NORTII 34' 21' 45" BAST A DWCT LINE, A DISTANCE OF 616.72 FELT TO A POINT IN THE EASTERLY PROLONGATION OF THE LINE HEREINABOVE DESCRIBED AS BEING THE SOUIIIERLY LINE OF SAID AVENIDA PADRE AND AS HAVING A LENGTH OF 170.00 FEET, SAID POINT BEING DISTANT ALONG SAID LAST MENTIONED EASTERLY PROLONGATION, 10,73 FEET F_AST9kLY FROM TIME POINT OF BEGINNING; THENCE NORTH 889 14'29" WEST ALOM SAID LAST MENTIONED EASTERLY PROLONGATION, A DISTANCE OF Io,73 FEET TO TILE POW OF BEGINNING - EXCEPT THEREFROM ALL OIL. GAS, MINERALS AND OTHER HYDROCARBONS, BELOW A DEPTH -OF= Fes, W{SEIOUT THE R143HT OF SURFACE ENTRY, AS RESERVED IN INSTRUMENTS OF RECORDS. CONTINUED Order No. SO -162731-9 PARCEL B LOT 22 OF TRACT NO.1269, IN T14E CITY OF SAN AJAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNTA, AS PER MAP RECORM IN BOOK. 39 PAGE 22 OF MISCELLANEtt115 MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, PARCEL C THAT PORTION OF THE "VACATED ALLEY" AS SHOWN AND DESCRIBED ON 'tesla MAP OF TRACT 1269, IN ITTE CITY OF SAN JUAN CAPISMANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, 20 FELT IN WIDTH, TXTNG EASTERLY AND ADJACENT TO LOT 22 OF TRACT 1264, SAID 20 FEET BEING SOUTHERLY OF THE EAS"T'Ia1LLY PROLONGATION OF THE NORTH LIME OF LOT 22 AND NORTHERLY OF ME EASTERLY PROLONGATION OF THE SOiMERLY TINE OF LOT 22_ PROJECT: CS 2436 Wednesday, April 15,2009 DESCRIPTION: WATER ESMT OVER AP 668-113-01 8:22 AM FILE:'66811501.cgo PAGE 1 UNITS: U.S. SURVEY FOOT INSTRUMENT SETUP Instrument point: 1 10000.0000 10000.0000 Backsight point: 1 10000100001 10000.0000 Backsight Bearing: N 00000100.0" E Distance: 0.000 Remarks - TYPE FROM TO DIRECTION DISTANCE NORTHING EASTING INV 1 2 N 69025154.0" E 18.440 10006.4784 10017.2645 INV 2 3 N 62041131.0/1 E 67.340 10037.3723 10077.0997 INV 3 4 N 56031'19.0" E 162.780 10127.1646 10212:8740 INV 4 5 N 68042127.0" E 113.070 10168.2236 10318.2257 INV 5 6 N 56031'54.0" E 34.260 10187.1172 1.0346.8051 INV 6 7 S 34021105.0" W 547:090 9735.4438 10038.1004 INVCRV Pc->rp 7 8 S 16037120.0" W 1050.000 8729.3215 9737.7373 03041148.011 delta (left) 1050.000 radius 0.546 Mid Ordinate 67.745 arc length 0,547 External 33.884 tangent 05027124.31' Degree of Curve (arc) 67.733 chord 03027131.7" Degree of Curve (Chord) N 75013134.0i1 W chord bearing rp->pt 8 9 N 12055'32.0" E 1050.000 9752.7161 99"72.6065 INV 9 10 N 77004'28.0" W 2.850 9753.3536 9969.8287 INV 10 11 N 32004'30.0" W 35.360. 9783.3160 9951.0515 INV 11 12 N 12055132.011 E 166.360 9945.4607 9988.2637 INVCRV Pc->rp 12 13 N 77Q04128.0'1 W 2050.000 10404.0147 7990.2076 01°33'34.0" delta (left) 2050.000 radius 0.190 Mid Ordinate 55.796 arc length 0.190 External 27.900 tangent 02047'41.7" Degree of Curve (arc) 55.794. chord 02047'42.7" Degree of Curve (chord) .N 12008145.0" E chord bearing rp->Pt 13 14 S 78°38102.011 E 2050.000 10000.0058 10000.0028 Closure Closing lane: N 25044129.511 E 0.006 from 14 to 1 Latitude (N): 0.006 Perimeter: 1271.091 Departure (E): 0.003 Error of Closure: 1:197246 Area: 61527.22 Square feet 1.4125 Acres Area and Perimeter have been reset. 32400 PASE0 ADELANTO f MEMaFRS OF THE Cn (COUNC IL SAN JUAN CAS SYRANO, CA 9,�. 67 SAM �€ �i (949) X493.1171 �� s:A[a�wa��rfra tAiJ�FREE5E f3�E (949) 493-1053 FAx � i www.scantuancapistrano.org, E31iag645RF� 177 THOMAS W. HRIBAR N€ MARKMARKELSEN DR. LONDRES USO September 29, 2010 Clerk -Recorder's Office County of Orange P.O. Pox 238 Santa Ana, California 92701 d„q„- Easement Deed Re: Document or Resor,in The noted documents are enclosed for recording: 6 _ Easement Deed — James T. Cole Trust (Grantor) When placed of record, please return the recorded documents to this office. Thank you for your assistance. Very truly yours, Christy Jakl Deputy City Clerk San Juan CapistranoPreserving the Past to Enhance the Future 01 Printed on 100% recycled paper RECORDED AT REQUEST OF AND RETURN O City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE 27383 & 6103 CITY OF SAN JUAN CAPISTRANO PROJECT NAME OR NUMBER: Eastern Wells and Pipeline, CIP 08802 (Space above this line for Recorder's Use) Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC, 6103 Maria Morris, City Clerk EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, James T. Cole Trust ("GRANTOR") does hereby grant to City of San Juan Capistrano, a California municipal corporation ("GRANTEE"), a non-exclusive easement and right-of-way in, over, under, upon, along, through and across the real property, 32332 Camino Capistrano (Assessors Parcel Number 668-113-01), situated in the City of San, Juan Capistrano, County of Orange, State of California, as described in Exhibit "A" and shown on (sketch) Exhibit "B" attached hereto and by this reference made a part hereof. Such easement and right-of-way shall be for Public Utilities and above or below ground appurtenances. Such -easement can be used for Public Utility purposes, including, without limitation, the right to enter upon, pass, re -pass along said land; to lay, construct, reconstruct, remove, replace, renew, inspect, maintain, repair, improve, relocate, fill or re -grade, and otherwise use Public Utility facilities; to deposit tools, implements and other materials during said work, together with such connections, structures and facilities incidental thereto. The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, W:\ENGICPTLIPIPE_LINESIEastern_wells_Pipeline\ENGNEasements\Final Easement ©ocsWTCole EasementDeed.doc to reasonably use the surface of the easement area for such purposes which do not burden the rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior approval of the City of San Juan Capistrano: 1. Construct or place any street, alley, roadway or any other improvement or structure within the easement area. 2. Place upon or remove from the easement area any earth or material. 3. Place upon the easement area any trees or plant material that would interfere with the installation and maintenance of public utility facilities. MO W James T. Cole 30270 Rancho Viejo Rd A San Juan Qapistr 92675 By: Name, Title "'t -2-1/3-oto Date 8igned ATTEST: (Attach All -Purpose Acknowledgement) CALIFORNIA NOTARY ACKNOWLEDGEMENT ATTACHED _ r �/) 0 - 2 ACKNOWLEDGMENT State of California County of_ ORANGE On q ! I 0 before rye, R.H. BADANI, Notary Public (insert name and title of tle officer) 4f personably appeared CieU� who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/ate subscribed to the within instrument and acknowledged to me that he/s4ehli-rey executed the sarne in hislha4t-lieir- authorized capacity(ies), and that by hisfher eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Ft H. BADANI U =, COMM ... 1799863 NOTARY PUBLIC -CALIFORNIA (il 7d °ORANGE COUNTY W My Term Exp. May 31, 2012 Signatul"e (Seal' OPTIONAL 1,11ough the inrorm.afion below is nol 1cquircd by 1au_ it plovc wIluafllc fa 1)USQ31"; rck iii,. on 01C docurnci! wid crruEti 111 min 1r„udoifc�3! rc�iuzr,if ;Fnfi c;tlt,ic}�3iii,€�[ rst ihiti form to Description of Attached Docusaactzt Title or Type of Document Document Date: �2 Number of Pages, Sigracr-(s) Other Than Named Above: ('Not inclu,liil!.,, this This is to certify that the interest in real property conveyed by that certain Easement Deed attached hereto from the JAMES T. COLE TRUST to the City of San Juan Capistrano is hereby accepted by the undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its duly authorized officer. Dated.- 3 3 Z 0 GRANTEE City of San Juan Capistrano JTait CttyMa ger PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Tuan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On September 23, 2010, before me, Maria Morris City Clerk, personally appeared Joe Tait Ci Mana er, who proved to me on the basis of satisfactory evidence to the be person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) Capacity Claimed by Signers City Manager Title Signer is Representing City of San Juan. Capistrano OPTIONAL Description of Attached Document Title or Type of Document Easement Deed — James T. Cole Trust (Grantor) — 32332 Camino Capistrano (APN 668-113-01) Date of Document: September 23, 2010 Number of Pages: 13 EXHIBIT "A" AN EASEMENT FOR WATER LINE PURPOSES THAT PORTION OF LOT 34, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP OF SAN JUAN CAPISTRANO ANIS VICINITY, FILED. IN BOOK 2 PAGES 3I. THROUGH 38, INCLUSIVE, OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUN"T"Y, BEING MORE PARTICULARLY DESCRIBED IN THE QUITCLAIM DEED RECORDED OCTOBER 08, 2003 AS INSTRUMENT NO. 2003001238561 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS. A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THAT CERTAIN CURVE DESCRIBED AS .BEING CONCAVE WESTERLY AND HAVING A RADIUS OF 2050 FEET A CENTRAL ANGLE OF 70 08'08" AND AN ARC DISTANCE OF 255.30 FEET IN SAID QUITCLAIM DEED, SAID POINT BEING NORTHERLY 55.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 010 33'34" FROM THE SOUTHERLY TERMINUS OF SAID CERTAIN CURVE, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 780 38'02" EAST; THENCE LEAVING SAID CERTAIN CURVE NORTH 69° 25'54" EAST 18.44 FEET; THENCE NORTH 62'41'31" EAST 67.34 FEET; THENCE NORTH 56° 31' 19" EAST 162.78 FEET; THENCE NORTH 68° 42'27" EAST 113.07 FEET; THENCE NORTH 56'31'54" EAST 34.26 FEET TO THE SOUTHEASTERLY LINE DESCRIBED AS "NORTH 340 21' 05" EAST 618.72 FEET" IN SAID QUITCLAIM DEED AND THE TERMINUS OF SAID 20.00 FOOT WIDE STRIP. THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP SHALL BE PROLONGED OR SHORTENED ON THE SOUTHWEST SO AS TO TERMINATE IN SAID CERTAIN CURVE AND ON THE NORTHEAST SO AS TO TERMINATE IN SAID SOUTHEASTERLY LINE, CONTAINING 7,918 SQUARE FEET, MORE OR LESS. ALL AS MORE PAR'T'ICULARLY SHOWN ON EXHIBIT "B" ATTACHED 14ERETO AND MADE A PART HEREOF. SUBJECT TO THE COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS, IF ANY, OF RECORD. .Page 1 of 2 PREPARED BY ME OR UNDER. MY DIRECTION THEODORE M. KRULL L.S. 5848 _ DATE. REGISTRATION EXPIRES DECEMBER 31, 2010 SRN; 313.2436001 April 15, 2009 IST:Ucadproj\CSCiCs24361LEGALSIWATF-R LM, AP 658-113-01.doc Page 2 of 2 EXHIBI r 1�3 J) 7 $A AVENIDA PADRE N8874 28"W 170, 00' ....... N5$3154 E N66 Ul, ''16'=i> SHEET I OF I SHEET N8874 7m lw 0, 73' GRAPHIC SCALE a 50 100 200 JOO IN FEET I inch = 100 ft. t CGEND; INOICA fES EA SEWN T AREA PREPARED BY ME OR UNDER UY DIRECTION IHEODORE U. KRULL L.S, 384#-8 DA TE REGISTRATION EXPIRES DECEMBER A 2010 SR -1V 3132436007 $A yi - ----- 3011 ,^t~'r``f_ Irk ! Ul, ''16'=i> SHEET I OF I SHEET N8874 7m lw 0, 73' GRAPHIC SCALE a 50 100 200 JOO IN FEET I inch = 100 ft. t CGEND; INOICA fES EA SEWN T AREA PREPARED BY ME OR UNDER UY DIRECTION IHEODORE U. KRULL L.S, 384#-8 DA TE REGISTRATION EXPIRES DECEMBER A 2010 SR -1V 3132436007 ORANGE COAST TITLT M RECORDING REQUESTED BY Recorded In Oftictal Record a, county of change Tom Daly, Clork-Reearder 111i.1111FIF11III11i11111I91 i�IP1111111111 32.00 q AND WHEN RECORDED, M/it1.7o: SUSAN yA106210104 2003001238561 03:54pm 10108/03 It1ES T. COLE ANDIi. COLE.t OS 29 010 4 �li f"r12 10.00 0.00 0.00 20.00 8.00 0.00 0.00 0.00 04_ "IS SPACE VOR RECORDEWS USFI ONLY QUITCLAIM AIM DEED ASSESSOR'S PARCEL NO.: The undersigned Grantot(s) declare that the DOCUMENT TRANSFER TAX IS: 668-113-01 & 668-454-41 -0- County City TaLh, ORDER NO,: -5c- j.i -2-131 Cl computed on the gull value of the interest ofpropetty conveyed or ESCROW NO.:_ computed on the full value less the value of liens or encumbrances rermining thereon TRA NO- 23-039 at the; titt3,e of sale. XX OR transfer is EXEMPT from tax for the following reason: THUS QUITCLAIM DEED IS nEING RECORDED AT NO MONETARY VALUE. IT IS BEING RECORDED FOR THE SOLE PURPOSE OF THE CORRECTION OF THE NAME OF FEE OWNERSHIP FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, IANffiS T. COLE AND SUSAN 13. COLE, TRUSTEES OF THE COLE F&MILY TRUST DATED 101121$8, WHO ACQUIRED TITLE AS JAMES T. COLE ANIS SUSAN D. COLE, TRUSTEES OF THE COLE FAMILY TRUST DATED I0114\88 herebyFJE IISES, RELEASES and QUITCLAIMS to TAMES T, COLE AND SUSAN B. COLE, TRUSTEES OF THE COLE FAMILY 'TRUST DATED 1©112\88 all that real property situated in the County of ORANGE, State of CA, described as: FULL L1 GAL DESCRIPTION IS AS PER EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Dated September 25, 2003 State of California County 6)0e 61r- ChuC0-2. 0—'Moreme, _ cuff, -JAW. A) O"' P�4'G personally appeared �-4-c4T t_ L * .J E/4 4 d B LL6 personally known to the (or proved to nne on the basis of satisfactory evidence) to be tic person(s) whose nautc(s) lo/are sub&mibcd to the within instatement and acknowledged to me that WsWthey executed the same in I'W*Itheir authorized capacity(ics), and that by I WHpfhheir signaturc(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the mshi=nt. 7 d alai o DAMES T. COLE, TRUSTEE SU 4COLE, TRUSTEE WILLIAM N. ODIEI[ON .�EXACOmiit. / 179t3fi7 rq NOfARYPUBEEC-CkLtFOANik V� tfianpt County �„� 1AYCamm.Exp'ies0[I.i.i044 "'� ghzs area for afEfasal notary seal) MAS L TAX STATEMENT'S TO- Order No. SO -162731-9 F-XHXBIT "A" THE LAND REFERRED To IN THIS REPORT 1S SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE AND Is DESCRIBED AS FOLLOWS: PARCEL A (ry ." - 13 ?, r'� i j [7 THAT PORTION OF LOT 34, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANi,Ii, STRTE OF CALIFORNIA, AS PER MAN OF SAN IIJAN CrCPI3TJRANO APIA VICINITY, ETCHED IN BOOK 2, PAGES 31 TO 38 INCLUSIVE OF RECORDS OF SURVEYS, IN THE OFFICE OF ME COUNTY "CORDER OF SAID COUNTY, DESCRIBED AS POLLOWS: B,EG'NNING AT THE I'N'T ASECTION OF TIME EASTERLY LINT; OF AVENIDA LOS AMIGOS, 50 FART WIVE, WITH THI SOUTHERLY LINE OF AVENIDA PADRE, SO FEET WIDE, ALL AS SHOWN ON A.NJAP OF TRACT NO. 1388, RECORDED IN BOOK 42, PAGE 8 OF MISCELLANEOUS MAPS. IN TETE OFFICE OF TJIE COUNTY RECORDER OF SAID Co1JNTY; THENCE NORTH 880 14' 28" WEST ALONG SAIL) SOUTHERLY LINE OF AVENIDA PADRE 170.00 PEET TO THE EASTERLY LINE OF THE ALLEY, 20 FEET WIDE, AS SAID ALLEY IS SHOWN ON THE MAP OF TRACT NO, 1769. RECORDED IN HOOK 39 PAGE 22 OF MISML14ANEOUS MAPS; THENCE SOUTH V 45' 32" WEST ALONG SAID EASTERLY LINE OF SAID ALLEY TO THE INTERSECTION THEREOF WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 22 OF SAID TRACT 1269; THENCE NORTH 88414' 28" WEST ALONG SAID EASTERLY PROLONGATION AND ALONG SAO) SOUTHERLY LINE OF LOT 22, A DISTANCE OF 173,06 FEET TO TIIE SOUTHWESTERLY CORNER OF SAID LOT 22, SAID StOUTRWESTERLY CORNER OF SAID LOT 22 BEING ON A CURVE CONCAVE WESTERLY HAVING} A RADIUS OF 2030 FEET AND SAID CURVE aEiNG CONCENTRIC Wrffl AND DISTANT 20 FEET EASTERLYAIN, Iv1EA5(JREIj RADIALLY P7LOl�i THAT CERTAIN 1 CARVE IN THE EASTERLY MAP LINE OF THAT PI TRA ROAD. 60 FEET WIM SHOWN AS CALIFORNIA STATE HIGHWAY, 60 FEET WIDE oN SAID MAF OF 3ATI3LIAN CAP[STRANO AND VICINITY, SAID EASTERLY LINE; BEING SHOWN ON SAID LAS-MEN'rjoN D MAI' AS BEING A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2030 FEET. PASSING THROUGH AN ANGLE OF 11' 10' 00" AND HAVING AN ARC LENGTH OF 395.64 FEET; THENCE SOUTHERLY ALONG SAID CONCENTRIC I-TRVF, CONCAVE WESTERLY AND HAVING A RADIUS OF 2050 FEET FROM A TANGENT WHICH BEARS SO11T1# 5° 47' 24:, WE FEET;ST THR,OU(IH AND ANGLE. OF 7° 0$' 08", AN ARRC DISTANCE OF 255.30 '17IENCE TANGENT SOUTH 124 55'3r WEST 166.36 FEET; '1'IIENCE SOUTH 32° 04' 30" EAST 35.36 FRET; THENCE SOUTH 77° 04'-28" EAST 2„85 FEiTI' TO A TANGENT CURVE CONCAVE SOUTHERLY AND RAVING A RADIUS OF 1050 FFFT, THENCE EASTERLY ALONG SAID LAS FLET; TMENTIONED CURVE THROUGH AN ANGLE OF 34 41'48- AN ARC DISTANCE OF 6T.74 THENCE NORTH 340 21' 05"%AST A DIRECT LINE, A DISTANCE OF 618,72 FF.L'T TO A POINT IN THE EAS I'EfLLY PROLONGATION OF THE LINE I-WRMABOVE DESCRIBED AS 9EINiG U& SOU AVENIDA LINE OF SAID AVENIDA PADRE AND AS HAVING A LEPiOTII OF 170.00 FE1~ i', SAD) POINT BEING DISTAtq i ALONG SAID LAST` MENTIONiEII 1 ASTERLY PROLONGATION, 10.73 FEET FASTERLY FROM THE POINT OF BEGINNING, THENCE NORTH 880 14'28" WEST ALONG SAID LAST MBNTEONEt] EASTERLY PROLONGATION, A DISTANCE, OF 10.73 FEET TO THE POINT OF BEGINNING. EXCEPT TIMREFROM ALL OIL, CAS, MINERALS AND OTHER HYDROCARBONS, BELOW A DEPTH O*P 500 FWT, WITHOUT THE RIQHTOF SURFACE EN'T'RY, AS RESERVED IN 1NSTRUMENTB OF RECORDS, CONTINUED Older No. SO»162731-9 PARCEL H I.OT 22 OF TRACT NO.1269 1N THE CITY OF;SAW IUAN CAPISTRANOr COUNTY OF ORANGE, STATE E OF CALIFORNIA, A5 PFR COUNTY. RECpR17ii3 IN BOOK 39 PAGE Z2 CIF i7ISCEAPS LLANEQUS M, IN THE OFFICE OF THE COUNTY RECORDER OF SAID PARCEL C THAT PORTION OF THE "VACATED ALLEY"' AS SHOWN AND DESCIU13ED ON '1149 MAY OF TRACT 1269, IN THE CITY OF SAN WAN CAPISTRANp, COUNTY ()P ORANGE, STATE OF CALIFORNIA, 20 ftET IN WII)TH. ]MING EASTERLY AND ADJACENT TO LOT 22 OF TRACT 1269, SAID 20 METBEINU SOUTHERLY OF TUB EASTBLLY PROLONGATION OF ME NQRTH LINE OF LOT 22 AND NORTHERLY OF THIR EASTE82.Y PROLONGATION OF TII£ St (MfERLY LINE OF LOT 22. PROJECT: CS 2436 Wednesday, April 15,2009 DESCRIPTION: WATER ESMT OVER AP 668-113-01 8:22 ANI FILE.'66811301.cgo PAGE 1 UNITS: U.S. SURVEY FOOT INSTRUMENT SETUP Instrument paint: 1 10000.0000 10000.0000 Hacksight point: 1 10000.0000 10000.0000 Backsight Bearing: N 00000'00.0" E Distance: 0.000 Remarks: TYPE FROM TO DIRECTION DISTANCE NORTHING EASTING INV 1 2 N 69025154.0'* F - 18.440-__-W10006.4784 ---10017.Y2645 INV 2 3 N 62041131.0t1 E 67.340 10037.3723 10077.0997 INV 3 4 N 56031119.0" E 162.780 10127.1646 10212:8740 INV 4 5 N 68042127.0" F 113.070 10168.2236 10318.2257 INV 5 6 N 56631'54.0" E 34.260 10187.1172 10346.8051 INV 6 7 S 34021105.0" W 547.090 9735.4438 10038.1004 INVCRV pc-->rp 7 8 S 16037120.0" W 1050.000 8729.3215 9737.7373 03041148.0" delta (Left) 1050.000 radius 0.546 Mid Ordinate 67.745 arc length 0.547 External. 33.884 tangent 05027124.3" Degree of Curve (arc) 67.733 chord 05627131.7" Degree of Curve (chord) N 75013134.0" W chord bearing rp-->pt 8 9 N 12055'32.0" E 1050.000 9752.7161 9972.6065 INV 9 10 N 77604128.0" W 2.850 9753.3536 9959.8287 INV 10 11 N 32004'30.0" W 35.360 9783.31.60 9951.0515 INV it 12 N 12055'32.0" E 166.360 9945.4607 9988.2637 INVCRV PC->rp 12 13 N 77004128.01' W 2050.000 10404.0147 7990.2076 01°33'34.0" delta (left) 2050.000 radius 0.1.90 Mid Ordinate 55.796 arc length 0.190 External. 27,900 tangent 02°47141.7" Degree of Curve (arc) 55.794.Chord 02047142.7" Degree of Curve (chord) .N 12008145.01' E chord bearing rp->pt 13 14 S 78038102.011 E 2050.000 1.0000.0058 10000.0028 Closure Closing line: N 25044'29.5" E 0.006 from 14 to 1 Latitude (N): 0.006 Perimeter: 1271.091. Departure (E): 0.003 Error of Closure: 1:197246 Area: 61527.22 Square feet 1.4125 Acres Area and Perimeter have been reset. Today's Cate: 61141q,010 _ T TRANSMITTAL. CIIP No. (if Jii?r Project manager's Last Name: I�WVJ1 Council or CRA Meeting (Date (if applicable): *1M Transmittal (Routing (Check All That Apply) ❑ City Attorney El City Manager City Clerk Phone Extension: 44o Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: (Not necessary if information is included in the contract) Name(s) Street Cid St Zi E i..,. ......._ — e, t �� 010111- M ' 5 AS '•.. F'"b