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11-0311_ITO FAMILY TRUST_Drainage Easement Quitclaim Deed_2011000131103RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO Maria Morris, CIVIC, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano Title of Document: Recorded in official Records, orange County Tom Daly, Clerk -Recorder IfI1IIIIIIIIIIIII6II1INlllllllllllillil NO FEE 2011000131103 8:02 am 43111111 47 412 Q01 6 0,00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 This Space for Recorder's Use Only Drainage Easement Quitclaim Deed f Portion of Lot 56, Tract No. 103 San Juan Capistrano, California ; :.' CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation duly organized and existing under and by virtue of the laws of the State of California, with its principal place of business located at 32400 Paseo Adelanto, San Juan Capistrano, County of Orange, State of California, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and forever quitclaim the interest granted to the City of San Juan Capistrano by Atsuo James Ito and Hiroko Ito, as Co -Trustees of the Ito Family Trust Dated September 10, 1987 in that Easement Deed recorded as Instrument Number 88-389236 at the County of Orange, State of California in the following described real property in the City of San Juan Capistrano, County of Orange, State of California: The drainage easement Quitclaim, as described in the attached legal description, Exhibit "A", and shown in the (sketch) Exhibit "B", attached hereto and by this reference made a part hereof, Portion of Lot 56 of Tract 103 in the City of San Juan Capistrano, County of Orange, California. Executed on March 'I't. 2011, at San Juan Capistrano, California CITY OF SAN JUAN CAPISTRANO ATTEST: (Attach All -Purpose Acknowledgement Form) 725524,1 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 11.81) On March 1, 2011 , before me, Maria Morris Cily Clerk, personally appeared Sara Allevato,_Mayor, 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 Mayor Title Signer is Representing City of San Juan Capistrano WITNESS my hand and official seal. OPTIONAL Description of Attached Document Title or Type of Document Drainage Easement Quitclaim Deed Portion of Lot 56, Tract No. 103, San. Juan Capistrano, California Date of Document: March 1, 2011 Number of Pages: 5 TOAL ENGINEERING, INC. 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA 92672 (949) 492--8586 FAX (949) 498-8625 JOB 13956 ITO NURSERY SHEET NO. 1 OF 2 CALCULATED BY 8R DATE 02/0322011 CHECKED BY DATE SCALE EXHIBIT 'A' - LEGAL DESCRIPTION Portion of Lot 56, Tract No. 10J Son Juan Capistrano, California In the City of San Juan Capistrano, County of Orange, State of California, being that portion of the Storm Drain Easement for the benefit of the City of San Juan Capistrano, recorded August 9, 1988 as Inst, No. 88-389236 O.R., over a portion of Lot 56 of Tract No. 103, as shown on a map recorded in Book 11, Pages 29 through 33, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said Orange County, to be abandoned, more particularly described as follows: Commencing at a point on the Westerly boundary of said Lot 56, said point being the Southwesterly terminus of the line described as " N 20°41'34" E 2191' ", thence along said boundary North 20°41'34" East 5.21 feet to the TRUE POINT OF BEGINNING; thence continuing along said. boundary North 20°41'34" East 7.57 feet, thence leaving said boundary North 53°31'34" East 28.64 feet, thence South 36°28'26" East 15.00 feet, thence South 53°31'34" West 35.00 feet, thence North 36°28'26" West 10.90 feet, more or less, to the POINT OF BEGINNING. Also as shown on Exhibit 'B' attached hereto and by this reference made a part hereof. This legal description was prepared by me or under nay direction. LAND SGR�\ OLAV S. o MEUM \No. 4384 \9AF or CAo OW \/ a {p OLAV S. MEUM LS 4384 TOAL ENGINEERING, INC. 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA 92672 (949) 492-8586 FAX (949) 498-8625 JOB 13956 ITO NURSERY SHEET No. 2 of 2 CALCULATED SY 8R DATE O2 03 2011 CHECKED BY DATE SCALE 1-=20' EXHIBIT 'B' - SKETCH TO ACCOMPANY LEGAL DESCRIPTION / Portion of Lot 56, Tract No. 103 t San Juan Capistrano, California / 1 1"=20' 'OR. OF LOT 56 TRACT 103 'M. M. 11129-33) 1 � C' �1 c�nl IC2 OI_AV S. o 1 MI=UM 1 No. 4384 ��9rF of CAt-1E����� Line Bearing Lenqth LI N 20'41'J4' E 7.57' L2 N 53'31 '34 " E 28.64' 0 N 3628°26" W 10.90' L4 N 20'41'34" E 5.21' EASEMENTS Storm Drain Easement for the benefit of the city of San Juan Capistrano, recorded August 9, 1988 as Inst. No. 88-389235 O.R. Portion of easement to be abandoned OLAV S. MEUM LS 4384 RESOLUTION NO. 11-03-01-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, QUITCLAIMING A DRAINAGE EASEMENT AT THE NORTHWESTERLY CORNER OF LOT 56 OF TRACT 103 WHEREAS, the City finds the quitclaim deed to be in order and acceptable for recording. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano, as follows; SECTION 1. That the Resolution quitclaiming the Drainage Easement is hereby adopted. SECTION 2. That the Mayor and City Clerk are hereby authorized to execute the Resolution. SECTION 3. That the City Clerk is directed to forward the Quitclaim Deed to the Orange County Recorder. PASSED, APPROVED, AND ADOPTED this 1 ". day of March 2011. ATTEST: MARIA MORRI , ��tY ItLERK i SA M ALLE TO, AA"Y OR 1 3/11/2011 31'112011 AGENDA REPORT D13 TO: Joe Tait, City Manager FROM. Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Quitclaiming a Drainage Easement at the Northwesterly Corner of Lot 56 of Tract 103 off Paseo Adelanto (Ito Family Trust) RECOMMENDATION: By motion: 1. Adopt the Resolution quitclaiming the drainage easement at the northwesterly corner of Lot 56 of Tract 103, as the surface runoff was re -directed outside the boundaries of lot 56; and, 2. Direct the City Cleric to forward the Quitclaim to the Orange County Recorder. Summary and Recommendation: As part of the settlement of the Ito/Gonzalez/City litigation, Ito/Gonzalez agreed to remove an inadequate public drainage inlet located on Ito's property (at the northwesterly corner of Lot 56 in Tract 103, close the Ito's driveway at Paseo Adelanto) and raise the immediate surrounding to re -direct the runoff outside the Ito's property. The City agreed to quitclaim back to the Ito's old easement, which roughly measures 35 feet by 28 feet. Staff has reviewed the request, consulted with the City Attorney, inspected the facility, and determined that the subject drainage easement is no longer useful to the City at this location. Staff recommends approval of the quitclaim. COMMISSION REVIEW AND RECOMMENDATION: FINANCIAL CONSIDERATIONS: This action will beat no cost to the City. Agenda Report Page 2 The Ito Family Trust RECOMMENDATION: By motion: March 1, 2011 I. Adopt the Resolution quitclaiming the drainage easement at the northwesterly corner of Lot 56 of Tract 103, as the surface runoff was re -directed outside the boundaries of lot 56; and, 2. Direct the City Clerk to forward the Quitclaim to the Orange County Recorder. Respectfully submitted, Masser Abbaszadeh, P. E. Public Works Director Attachments: Prepared by; Sl-00cair istant Public Works Director 1. Resolution 2. Quitclaim Deed Exhibit "A" Legal Description Exhibit "B" Surveyor Sketch for the Legal Description 3. Vicinity Map RESOLUTION NO. 11 -03 -01 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, QUITCLAIMING A DRAINAGE EASEMENT AT THE NORTHWESTERLY CORNER OF LOT 56 OF TRACT WHEREAS, the City finds the quitclaim deed to be in order and acceptable for recording. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows; SECTION 1. That the Resolution quitclaiming the Drainage Easement is hereby adopted. SECTION 2. That the Mayor and City Clerk are hereby authorized to execute the Resolution. SECTION 3. That the City Clerk is directed to forward the Quitclaim Deed to the Orange County Recorder. PASSED, APPROVED, AND ADOPTED this 15t. day of March 2011. Sam Allevato, MAYOR ATTEST: Maria Morris, CMC, CITY CLERK ATTACHMENT 1 f7xiI�1�a71�Cr7.�x�11J��'��1�3c�'�1 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Morris, CMC, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano Tule of Document. This Space for Recorder's Use Only Drainage Easement Quitclaim Deed Portion of Lot 56, Tract No. 103 San Juan Capistrano, California ATTACHMENT 2 CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation duly organized and existing under and by virtue of the laws of the State of California, with its principal place of business located at 32400 Paseo Adelanto, San Juan Capistrano, County of Orange, State of California, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and forever quitclaim the interest granted to the City of San Juan Capistrano by Atsuo James Ito and Hiroko Ito, as Co -Trustees of the Ito Family Trust Dated September 10, 1987 in that Easement Deed recorded as Instrument Number 88-389236 at the County of Orange, State of California in the following described real property in the City of San Juan Capistrano, County of Orange, State of California: The drainage easement Quitclaim, as described in the attached legal description, Exhibit "A", and shown in the (sketch) Exhibit "B", attached hereto and by this reference made a part hereof, Portion of Lot 56 of Tract 103 in the City of San Juan Capistrano, County of Orange, California. Executed on March 1st. 2011, at San Juan Capistrano, California CITY OF SAN JUAN CAPISTRANO M Sam Allevato, Mayor W Maria Morris, CMC, City Clerk ATTEST: (Attach All -Purpose Acknowledgement Form) 725524,1 TOAL ENGINEERING, 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA 92672 FAX (94�9)498 492-8586 58625 jos 13956 ITO NURSERY SHEET NO. 1 OF 2 CALCULATED Br DR DATE 02/03 2011 CHECKED BY DATE Cf Al F EXHIBIT 'A' — LEGAL DESCRIPTION Portion of Lot 56, Tract No. 103 San Juan Capistrano, California In the City of San Juan Capistrano, County of Orange, State of California, being that portion of the Storm Brain Easement for the benefit of the City of San Juan Capistrano, recorded August 9, 1988 as Inst. No. 88-389236 O.R., over a Portion of Lot 56 of Tract No. 103, as shown. on a map recorded in Boob 11, Pages 29 through 33, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said Orange County, to be abandoned, more particularly described as follows: Commencing at a point on the Westerly boundary of said Lot 56, said point being the Southwesterly terminus of the line described as " N 20°41'34" E 21.91' ", thence along said boundary North 20°41'34" East 5.21 feet to the TRUE POINT OF BEGINNING; thence continuing along said boundary North 20°41'34" East 7.57 feet, thence leaving said boundary North 53°31'34" East 28.64 feet, thence South 36°2826" East 15.00 feet, thence South 53°31'34" West 35.00 feet, thence North 36°28'26" West 10.90 feet, more or less, to the POINT OF BEGINNING. Also as shown on Exhibit 'B' attached hereto and by this reference rn.ade a part hereof. This legal description was prepared by me or udder- my direction. �-ANn 5 /C) OLAV S. a MEUM NO. 4364 Or CAL��p��,� i .: TG, L ENGINEERING, INC. 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA 92672 (949) 492.8586 FAX (949) 498-8625 15 r JOB 13956 ITO NURSERY SHEET No. 2 OF 2 CALCULATED BY RR DATE 02 03 2011 1410141124:911 SCALE DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION / Portion of Lot 56, Tract No. 103 San Juan Capistrano, California / / / J POR. OF LOT 56 TRACT 103 (M. M. 11129 — 33) OLAV S. a MEUM No. 4384 1 1"=20' Lins Bearing Len fh L 1 N 20'41'34" E 7.57' L2 N 53'31'34" E 28.64' L3 fi 2826"W N 36'2826"W 10.90' L4 N 20'41'34" E 5.21' t [ 11 / 1 / a JOB 13956 ITO NURSERY SHEET No. 2 OF 2 CALCULATED BY RR DATE 02 03 2011 1410141124:911 SCALE DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION / Portion of Lot 56, Tract No. 103 San Juan Capistrano, California / / / J POR. OF LOT 56 TRACT 103 (M. M. 11129 — 33) OLAV S. a MEUM No. 4384 1 1"=20' Lins Bearing Len fh L 1 N 20'41'34" E 7.57' L2 N 53'31'34" E 28.64' L3 fi 2826"W N 36'2826"W 10.90' L4 N 20'41'34" E 5.21' EASEMENTS Bmm — Storm Drain Easement for the benefit of the city of San Juan Capistrano, recorded August 9, 1988 as Inst. No. 88-389236 O.R. Portion of easement to be abandoned OLAV S. MELIM LS 4384 I! I 1 HlsNIVlMN 1 o240fk,i:K::0-r8DE.::` �%,�pA3y���W���''&.k'A q,2675 ,:.^y6g CA'PISTRA (;`94 3) A93-11571 (949) A93-1053 PAX F:.§ -0r- T48 a t ouNcI'L NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL OR, Li S0 The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, March 1, 2011, in the City Council Chamber in City Hail, to consider; "Consideration of Quitclaiming a Drainage Easement at the Northwesterly Corner of Lot 56 of Tract 103 off Paseo Adelanto (Ito Family Trust)" - Item No. D13. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, February 28, 2011, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Sam Shoucair, Assistant Public Works Director. You may contact that staff member at (949) 443-6355 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.orq. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk@sanjuancapistrano.org, Maria Morris, CMC City Clerk cc: Ito Family Trust JOB 13956 ITO NURSERY TGAL ENGINEERING, INC. SHEET NO. 1 OF 2 139 AVENIDA NAVARRO SAN CL MENTE, CALIFORNIA 92672 CALCULATED BY --9-R DATE 02ZO.3Z2011 (949) 492-8586 CHECKED HY DATE FAX (949) 498-8625 SCAI_F EXHIBIT 'A' - LEGAL DESCRIPTION Portion of Lot 56, Tract No. 103 Son Juan Capistrano, California In the City of San Juan Capistrano, County of Orange, State of California, being that portion of the Storm Drain Easement for the benefit of the City of San Juan Capistrano, recorded August 9, 1988 as Inst. No. 88-389236 O.R,, over a portion of Lot 56 of Tract No. 103, as shown on a map recorded in Book 11, Pages 29 through 33, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said Orange County, to be abandoned, more particularly described as follows: Commencing at a point on the Westerly boundary of said Lot 56, said point being the Southwesterly terminus of the line described as " N 20°41.'34" E 21.91'", thence along said boundary North 20°41'34" East 5.21 feet to the TRUE POINT OF BEGINNING; thence continuing along said boundary North 20°41'34" East 7.57 feet, thence leaving said boundary North 53°31'34" East 28.64 feet; thence South 36°28'26" East 15.00 feet, thence South 53°31'34" West 35.00 feet, thence North 36°28'26" West 10.90 feet, more or less, to the POINT OF BEGINNING. Also as shown on Exhibit 'B' attached hereto and by this reference made a part hereof. This legal description was prepared by me or under my direction. OLAV S. MEUM LS 4384 TOAL ENGINEERING, INC. 139 AVNIDA NAVARRO SAN CLEMNTE, CALIFORNIA 92672 (949) 492-8586 FAX (949) 498-8625 I 1 1 1 i 1 t / / / 1 T.P.O.B.- P.O.C.- V-0 .- P.O.C.--O �N ro �y �Z 1� O Joe 13956 ITO NUNSERY SHEET No, OF 2 CALCULATED BY RR DATE 02/03/201 f CHECKEDBY DATE .jp ^-' SCALE SKETCH TO ACCOMPANY LEGAL DESCRIPTION / Portion of Lot 56, Tract No. 103 San Juan Capistrano, California POR. OF LOT 56 TRACT 103 (M. M. 71129-33) i / / / / 0 1"=20' Line Bearing ten th Ll N 20'41'34" E 7.57' L2 N 53'31'34" E 28.64' L3 N 36"2826" W 10.90' L4 N 20'41'34" I EASEMENTS a— Storm Drain Easement for the benefit of the city of San Juan Capistrano, recorded August 9, 1988 as Inst. No. 88-389236 O.R. 7\ Portion Portion of easement to be abandoned `ANL} SVRL� S? OLA v S. - ! MEUM 1 No. 4384 ofi CAL�����\� 1 a'j;4' OL.AV S. MEUM LS 4384 11; 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPIS RANO, CA 92675 �i� SAM ALLEIJA O (949} 493-1177 it1, BReT4R [AURAFREESE (949) 493-1053 FAX " £sSRR€ISRfB 1951 LARRY KRAC4ER www.sanjuancapistrano.org I776 DEREK REEVE ®� ® JOHN TAYLOR Z .y HM Sherry [to 25682 East Wino Drive Dana Point, CA 92629 DATE: April 5, 2011 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Drainage Easement Quitclaim Deed Portion of Lot 56, Tract No. 103 Enclosed: (1) Drainage Easement Quitclaim Deed — Portion of Lot 56, Tract No. 103 If you have questions concerning the agreement, please contact Sam Shoucair, Assistant Public Works Director at (949) 443-6355. Cc: Sam Shoucair, Assistant Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future 32400 P'ASE® AC3ELANTO SAN JUAN CAPISTRANO, CA 926175 (949) 493-1171 (949) 493- 1053 FAX www.saiijuancapisti,aizo.org March 7, 2011 Clerk -Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 MEMBERS OF THE CITY COUNCIL Re: Document for Recording.— Drainage Easement Quitclaim Deed The noted documents are enclosed for recording: ® Drainage Easement Quitclaim Deed — Portion of Lot 50, Tract No. 103 When placed of record, please return the recorded documents to this office. Thank you for your assistance. Very truly yours, kA&)�- IF OV, Christy Jakl Deputy City Clerk Sart Juana Capistrano: Presepi4ng the fast to enhance the Future ej Pdnied on 100% recycled paper SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR