Loading...
11-0222_ORTEGA VILLAGE LLC_Easement Deed_2011000094608RECORDED AT REQUEST OF ANI IRETU :► N. 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: Recorded in official Records, orange County Tom Daly, Clerk -Recorder No� � 111 2011000094608 8:03 am 47 4'42 Eo7 $ 0.00 0.00 0.00 0.00 21.00 0-0() O.00 O.Oo (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, Ortega Village LLC ("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, Parcel 16 of the Amended Map of the City of San Juan Capistrano Parcel Map No. 79-856, filed in Book 176, Pages 1 through 8, of Parcel Maps, in the Office of the County Recorder of Orange County, California, and designated as Instrument No. 82-410527, (Assessor's Parcel Number 666-261-14), 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" and "B-1" 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. CADocuments and Settings\Bob Montgomery) y Documentslword filesVn commerciallsan jean capistrano sitelEasement©eed (DJBi) 08jnO.doc The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, 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. :_� ;, F e : Ortega Village LLC, a Delaware Limited Liability Company by: Buie Stp4dard Properties, LLC, A California Limited Liability Company, its Manager By: "�;�O" lyr Name, it e Date Si ed By: Name, Title Date Signed ATTEST: (Attach All -Purpose Acknowledgement) 2 ACKNOWLEDGMENT State of California ) County of Orange ) On July 29 2010 before me, _ Keith J. Heeley, Notary Public personally appeared Robert Montgomery and Ann Forella ,who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. KEITH J.�� . Cownission # 1 Od98 Notary Public - Cal rala O+anp County Comm,21 Was Juan 19.2013 Signature (Seal) Description of Attached Document Title or Type of Document: Easement Deed Document Date: July 29, 2010 Number of Pages: 5 This certifies that the interest in real property conveyed by the deed dated Jul 2� 9 2010, from Ortega Village LLC, a Delaware Limited Liability Company to the CITY OF SAN JUAN CAPISTRANO, a governmental agency, is hereby accepted by the undersigned officer on behalf of the CITY OF SAN JUAN CAPISTRANO pursuant to authority conferred by Resolution No. 09-05-05-01 of the CITY OF SAN JUAN CAPISTRANO adopted on May 5, 2009, and the grantee consents to recordation thereof by its duly authorized officer. a Dated: February 10, 2011 ity Man ger 634280.1 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On February 1.0, 2011, before me, Maria Morris, Ciiy ClerlZ, personally appeared ,Toe Tait, City Manalzer, 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) OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document City Manager Easement Deed — Ortega Village LLC APN Title 666-261-14 Signer is Representing City of San Juan Capistrano Date of Document: July 29, 2010 Number of Pages: 8 MAY 201 2010 \EXHIBIT A.doc EXHIBIT `A' LEGAL DESCRIPTION WATER EASEMENT THE PORTION OF PARCEL 16 OF AMENDED MAP OF PARCEL MAP 79-856, BOOK 176, PAGE(S) 1-8, WITHIN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, RECORDED NOVEMBER 22, 1982 AS INSTRUMENT NUMBER 82-410527, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STRIP NO, 1: 20.00 FEET WIDE LIEING 10 FEET ON EACH SIDE OF THE CENTERLINE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT W AT THE NORTHEAST CORNER OF SAID PARCEL 16, BEING THE NORTHEAST CORNER OF PARCEL 1 OF LLA 96-81-851-04, THENCE SOUTHEASTERLY ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 16 ALONG BEARING SOUTH 43050'48" EAST 67.30 FEET, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 16110'13" WEST 32.27 FEET, TO POINT'B'; THENCE SOUTH 16010'13" WEST 26.02 FEET; THENCE SOUTH 461110'13" WEST 110.52 FEET; THENCE SOUTH 43°4947" EAST 62.57 FEET; THENCE SOUTH 46°10'13" WEST 60.07 FEET, TO THE BOUNDARY OF THE EXISTING 20 FOOT WIDE WATERLINE EASEMENT. STRIP NO. 2. 25.00 FEET WIDE LIEING ON EACH SIDE OF THE CENTERLINE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT POINT 'B' AS DESCRIBED ABOVE; THENCE NORTH 7314947" WEST 20.00 FEET. EXCEPTING THEREFROM THAT PORTION LYING WITHIN STRIP NO. 1. ALL STRIPS AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' - ATTACHED HERETO AND MADE A PART HEREOF. ESSIO 43 CHARLES 0. HARTMAN, P.E. 29243' W311 yg, m MY REGISTRATION EXPIRES: 03/31/2011 q�� c���F°e A 1� EXHIBIT 'B' �XvAfl I A A io imp iilll_ m I il At RINK1121" RX, M ld, HIGHWAY- IN STA -'l IIL -1-1 N.A�, mm ib SHEET 1 OF 2 m/ SCALE- 10--J00' OR RECORDED EASEMENTS: INDICATESCEXISTINGon, WIDE cEASEMENTtINFAVOR OF 'NINDICATESTHE CITY OF SAN JUAN CAPISTRANO FOR WATERLINE PURPOSES PER ORANGE COUNTY RECORDS, BOOK 13917, PACE 1532 0 INDICATES EXISTING 20' WIDE EASEMENT IN FAVOR OF THE CITY OF SAN JUAN CAPISTRANO FOR SEWER PURPOSES PER ORANGE COUNTY RECORDS, PARCEL MAP 79-856 0 INDICATES A NON-EXCLUSIVE EASEMENT -PER ORANGE COUNTY RECORDS, INSTRUMENT NUMBER 82-135070 V� N 4 � .....EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRlP710N WA 1FR EASEMENT R=1500.00, d___M____ '1 -- L=1072.62' ORTEGA HIGHWAY ti R=1562.00'�`s� d� 01 L=56e A-772 .24 SHEET 2 OF 2 ,;�/l SCALE- 1"--40' N73'49'47"W 1 20.00' I 3 I � I POINT 'B' S46 09'12" W 12151' N4610972 ` 1 4.0 1 1 STRIP 13.E6 281 un r S46b9'12" --- S43 50'48"E 54.38' I E ;C7n N46*09'120E ,,, S16'10'13"W P. RECORDED EASEMENTS: (SEE SHEET 1) 2 I~ifIoil STRIP N4 2 32400 PASE=O ADEEANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493.1053 FAX www.sanjuancapistrano.org February 15, 2011 Clerk -Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 tel, MEMBERS OF THE C[TY COUNCIL Ld.l SAM ALLEVATO lREBRPBRBIER LAURAFREE_SE ESTRBlISBEB �, �gs LARRY KRAMER 1776 DEREK REEVE ®®A w 0 JOHN TAYLOR Re: Document for Recording — Easement Deed The noted documents are enclosed for recording - Easement Deed — Ortega Village (APN 666-261-14) When placed of record, please return the recorded documents to this office. Thank you for your assistance. Vestry truly your , Christy Jakl Deputy City Clerk San .luau Capistrano: Preserving the .fast to Enhance the Future 0 Printed on 100% recycled paper The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, 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 ,duan 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. Ortega Village LLC, a Delaware Limited Liability Company by: Buie St dard Properties, LLC, A California Limited Liability Company, its Manager By: Name, itt,) z _i0 Date Si ed By: Name, Title Date Signed ATTEST: (Attach All -Purpose Acknowledgement) 2 CERTIFICATE OF ACCEPTANCE OF DEED This certifies that the interest in real property conveyed by the deed dated July 29. 2010, from Ortega Village LLC,—a Delaware Limited Liability Company to the CITY OF SAN JUAN CAPISTRANO, a governmental agency, is hereby accepted by the undersigned officer on behalf of the CITY OF SAN JUAN CAPISTRANO pursuant to authority conferred by Resolution No. 09-05-05-01 of the CITY OF SAN JUAN CAPISTRANO adopted on May 5, 2009, and the grantee consents to recordation thereof by its duly authorized officer. Dated; Februa 10 2011 ity Mari ger 6_;4280.1 MAY 20, 2010 \EXHIBIT A.doc +► ■ fill I 'a A THE PORTION OF PARCEL 16 OF AMENDED MAP OF PARCEL MAP 79-856, BOOK 1:76, PAGE(S) 1-8, WITHIN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, RECORDED NOVEMBER 22, 1982 AS INSTRUMENT NUMBER 82-410527, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STRIP NO. 1: 20.00 FEET WIDE LIEING 10 FEET ON EACH SIDE OF THE CENTERLINE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT `A' AT THE NORTHEAST CORNER OF SAID PARCEL 16, BEING THE NORTHEAST CORNER OF PARCEL 1 OF LLA 96-81-851-04, THENCE SOUTHEASTERLY ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 16 ALONG BEARING SOUTH 43050'48" EAST 67.30 FEET, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 16110'13" WEST 32.27 FEET, TO POINT `B'; THENCE SOUTH 16010'13" WEST 26.02 FEET; THENCE SOUTH 46010'13" WEST 110.52 FEET; THENCE SOUTH 4314947" EAST 62.57 FEET; THENCE SOUTH 46010'13" WEST 60.07 FEET, TO THE BOUNDARY OF THE EXISTING 20 FOOT WIDE WATERLINE EASEMENT. STRIP NO. 2: 25.00 FEET WIDE LIEING ON EACH SIDE OF THE CENTERLINE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT POINT `B' AS DESCRIBED ABOVE; THENCE NORTH 7304947" WEST 20.00 FEET. EXCEPTING THEREFROM THAT PORTION LYING WITHIN STRIP NO. 1, ALL STRIPS AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' - ATTACHED HERETO AND MADE A PART HEREOF. 0. CHARLES 0. HARTMAN, P.E. 29243 . T� x MY REGISTRATION EXPIRES: 03/31/2011 q 0 - ' �' SHEET 2 OF 2 EXHIBIT PLA T TC ACCOMPANY LEGAL DESCRiP17ON WA TER EASEMENT SCALE' 1'°-40' 49. N7349'47"W 20.00' j Illi POINT I I I � , �9'12pW,. 79' f 11 L1120' 1.26' --_ --- 1.27 � 20 l o 2J' 0 46' 9'12Aw 12151' �— STF?1P NO.1 - -- S43 50'48 "E 54.38' N46 09'12"E S16 °10'13"W RECORDED EASEMENTS: (SEE SHEET 1) ,,, a s7R/P No.2