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
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\No. 4384
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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)
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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
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OLAV S. a
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NO. 4364
Or CAL��p��,�
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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
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CA'PISTRA
(;`94 3) A93-11571
(949) A93-1053 PAX
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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
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SHEET No, OF 2
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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�
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No. 4384
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OL.AV S. MEUM
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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