16-0802_WILLIAMS, DOROTHY M. AND WILLIAMS, CAROLYN LENORE_Easement Deed_2016000353689Recording Requested Bv:
first American Tille Company
Notional Homebuilder Servicu
Subdlvlalon Deportment
RECORDING REQUESTED BY:
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
rnru 1 ~~~ s~"'ts--+o
AND WHEN RECORDED, MAIL TO:
Maria Morris, 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
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
111111111111111111111111111111111111111111111111111111111111111111111111111 NO FEE * $ R 0 0 0 8 5 7 0 6 8 9 $ *
2016000353689 8:51 am 08/02116
232 407 E01 12
0.00 0.00 0.00 0.00 33.00 0.00 0.00 0.00
EASEMENT DEED
The undersigned declares that this document is recorded at the request of and for the benefit of the City of San Juan
Capistrano and therefore is exempt from the payment of the recording fee pursuant to Government Code §61 03 and
27383 and from the payment of the Documentary Transfer Tax pursuant to Revenue and Taxation Code § 11922.
PROJECT NAME OR NUMBER:
Tract 17842
(Above Space for Recorder's Use)
Moll Tox Strnements To:
SAME AS ABOVE
·' I I Reco rding Requested By:
Firs! Amer ican Title COmponv
Notional Homebuilder Servlcea
Subdivision Deportment
RECORDING REQUESTED BY:
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
r'hru 1 -""j6\. ~ s J.e.me :t>
AND WHEN RECORDED, MAIL TO :
Maria Morris, 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
EASEMENT DEED
The undersigned declares that this document is recorded at the request of and for the benefit of the City of San Juan
Capistrano and therefore is exempt from the payment of the recording fee pursuant to Government Code §61 03 and
27383 and from the payment of the Documentary Transfer Tax pursuant to Revenue and Taxation Code§ 11922.
PROJECT NAME OR NUMBER:
Tract 17842
(Above Space for Recorder's Use)
Moll Tax Statements To:
SAME AS ABOVE
. '.
EASEMENT DEED
This Easement Deed is executed on ~ ~~ e , 2016, by DOROTHY M.
WILLIAMS and CAROLYN LENORE WILLIAMS, CO-TRUSTEES OF THE CHARLES
AND DOROTHY WILLIAMS 1992 FAMILY TRUST, OF 3508 Via Campesina, Rancho Palos
Verdes, CA 90275 ("Grantor") in favor of the CITY OF SAN JUAN CAPISTRANO, a
California municipal corporation ("Grantee"), with reference to the following facts:
RECITALS
A. Grantor is the owner of fee title to that certain real property described on
Exhibit A hereto ("Property"). Grantor has not conveyed the Property to any other person, and
represents that at the time of the execution of this Easement Deed the Property (and the
easement granted herein) is free from encumbrances done, made or suffered by the Grantor, or
any person claiming under him.
B. Grantor does hereby grant to Grantee perpetual non-exclusive easements and
right-of-way in, over, under, upon, through and across those portions of real property, in the City
of San Juan Capistrano, County of Orange, State of California, as described in Exhibit "A" and
shown on (drawing) Exhibit "B;" attached hereto and by this reference made a part hereof (the
"Easement Area"). Such easements and right-of-way shall be for Public Utilities purposes,
including but not limited to pipelines for water, recycled water, sewer, storm drainage, and
roadway, together with incidental above or below ground appurtenances, connections and
structures. Such easements can be used for maintenance purposes, including, without limitation,
the right to enter upon, pass, re-pass along the Easement Areas; to lay, construct, reconstruct,
remove, replace, renew, inspect, maintain, repair, improve, relocate, fill or re-grade, and
otherwise use the facilities; to deposit tools, implements and other materials during said work,
together with such connections, structures and facilities incidental thereto.
Grantee shall have the right to use gates in all of Grantors' fences which presently or
hereafter block access to/or cross the Easement Areas, and to remove, trim, cut and clear away
any trees and brush within the Easement Areas whenever in Grantee's reasonable judgment the
same shall be necessary for the convenient and safe exercise of the rights granted hereby.
Grantee shall have the right to install a gate in any fences placed with in the easement by the
Grantor if the Grantee needs such a gate.
Grantor, its successors and assigns shall save, indemnify and hold harmless Grantee, its
successors and assigns against any liability, loss, cost, damage, and expense sustained by
Grantee and caused by or arising from (i) use of the Easement Areas by Grantor, its employees,
contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of
any/all rights retained by Grantor herein and (ii) acts or omissions of Grantor, its employees,
agents, contractors, guests, invitees successors and assigns in relation to the exercise of any/all
rights retained by Grantor herein (including, but not limited to, failure to comply with all codes,
ordinances, laws, regulations, statutes and other requirements relevant to the exercise of any
such retained rights).
JRS\ 30535-0054\485659.1 7/30/2014
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2
.,.
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 Areas 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 Grantee:
1. Construct or place any street, alley, roadway, fence, block wall, or any other
improvement or structure within the Easement Areas.
2. Place upon or remove from the Easement Areas any earth or fill material.
3. Place additional pavement, or replace the pavement permitted with any material
other than standard asphalt, and standard concrete curbing.
Grantee agrees to obtain and comply with all necessary permits, authorizations, licenses
and approvals which are or may be required from anybody, agency or department with
jurisdiction over the Easement Areas, and to restore the original condition of the existing
landscape and improvements within the Easement Areas at the completion of any work which
disturbs the surface of the Easement Areas or any other land owned by Grantor and/or its
affiliates .
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, receipt ofwhich is hereby
acknowledged, Grantor hereby grants to Grantee and its authorized agents and representatives
non-exclusive perpetual easements of pedestrian and vehicular access, ingress and egress on,
over and under the Easement Area for the purpose of maintenance, repair and replacement of the
Easement Area Improvements.
The persons executing this Deed on behalf of Grantor warrant that they are duly
authorized to execute and deliver this Deed on behalf of Grantor, and that by executing this Deed
Grantor is formally bound by the provisions of this Deed.
Grantor has executed this Deed as of the date first set forth above.
JRS\ 30535-0054\485659.1 7/3012014
61147.02200\29035842.2
3
DOROTHY M. WILLIAMS, AND
CAROLYN LENORE WILLIAMS,
CO-TRUSTEES OF THE CHARLES AND
DOROTHY WILLIAMS 1992 FAMILY
TRUST
By: ,J~./( trJ.{&.'-f:-..1/
Name: Dorothy . Wllhams
Title: Co-Trustee of the Charles and
Dorothy Williams 1992 Family Trust
{)_ . \ By:~*~~
Name: Carolyn Lenore Williams
Title: Co-Trustee of the Charles and
Dorothy Williams 1992 Family Trust
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
COUNTY OF I Xt:; ~-e.ks I
On 1--21-\b beforeme, )!(fen~ -&Llj~ ~(i\ Notary
Public,
Date (here insert name and title of the officer)
personally appeared Cv, {l)\ 'f \ £1'\l{.£ llf.\ll\Gtif{
who proved to me on the b~sis of satisfactory evidence to be the person~ whose name~) is/arJi
subscribed to the within instrument and acknowledged to me that be/she/they executed the same
in His/her/tHeir authorized capacity~), and that by l:Hs/her/tReir signature(i) on the instrument
the person(j), or the entity upon behalf of which the person~ 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.
Signature: ---~-\t'-----t""'¥"':::........::l~=r------<Seal)
__________ OPTIONAL _________ _
Description of Attached Document
Title or Type of Document:-----------Number of Pages: __ _
Document Date: _______ Other:------------------
:2 01 5 Ap ns rill c Service: 707-992-555 1 www.Ca l itornj aA pqs Li li e. us c'alifi>mi;a Mp hilll Nota ry Ne twork ww w.CAMNN .c om
GOVERNMENT CODE 27361.7
I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE ILLEGIBLE PORTION OF
THIS DOCUMENT, TO WHICH THIS STATEMENT IS ATTACHED READS AS
FOLLOWS:
Verbiage stamped over by Notary seal-
"WITNESS my hand and official seal."
f-1-lb
FIRST AMERICAN TITLE INSURANCE COMPANY
ILLEGIBLE NOTARY SEAL DECLARATION
Government Code Section 27361.7
I certify under penalty of perjury that the notary seal on the document to which
this statement attached reads as follows:
Name of Notary: TIFFANY BOULANGER SANTORO
Date Commission Expires: Jan 14, 2020
Notary Commission No: 2140078
County Where Bond Filed: Los Angeles
Manufacturer/Vendor Identification No: NNA1
Place of Execution of the Declaration: Corona, CA
Date: 08-01-2016
First American Title Company
Notary Acknowledgments
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss .
COUNTY OF LOS ANGELES )
On t ~ 7J 20 Jh, before me, _. Q( a Notary
Public in and for said State, personally appeared Dorothy M. William who proved to me on the
basis of satisfactory evidence to be the person(§#) whose name~ is/at=e subscribed to the within
instrument and acknowledged to me that -he/she/they executed the same in iris/her/their
authorized capacity(i&&), and that by l:Hs/her/tmH£ signature~ on the instrument the person()!?, or
the entity upon behalf of which the person(j) 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.
•
TIFFANY BOULANGER SANTORO
Commission# 2140071
Notary Public • CaiHornla
Los Angelea County i
Mv Comm. Expirll Jan 14 20201
(SEAL)
JRS\ 30535-0054\485659.1 7/30/2014
61147 .02200\29035842.2
~)
Notary Public in and for said State
5
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 25, TOWNSHIP 7
SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL
PLAT FILED IN THE DISTRICT LAND OFFICE, MAY 19, 1879, DESCRIBED AS FOLLOWS:
COMMENCING AT THE BEGINNING OF A TANGENT CURVE LOCATED ON THE
CENTERLINE OF CAMINO CAPISTRANO AND AS DESIGNATED BY SURVEY
CONTROL MAP BY DEPARTMENT OF TRANSPORTATION, STATE OF CALIFORNIA,
MAP NO. ORA 05 12.0, SAID CURVE BEING CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 2600.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
9°42'25" AN ARC DISTANCE OF 440.49 FEET TO A POINT IN SAID CENTERLINE AND
SAID CURVE, A RADIAL BEARING TO SAID POINT BEARS SOUTH 49°17'07'' WEST;
THENCE LEAVING SAID CENTERLINE, SOUTH 49°17'07'' WEST 37.77 FEET TO THE
MOST EASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO J. ROY SMITH , ET
AL, RECORDED MAY 9, 1957 IN BOOK 3903, PAGE 209 OF OFFICIAL RECORDS OF
ORANGE COUNTY CALIFORNIA THE BOUNDARY OF SAID LAND ALSO BE ING THE
BOUNDARY OF TRACT 17842 RECORDEDVc/~y £9 2016,FILED fN BOOK ?57,
PAGES j ~ 5 OF MISCE LL AN EOUS MAPS , OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA
THENCE ALONG THE BOUNDARY OF SAID TRACT, NORTH 50°25' 18" WEST 24.46
FEET TO A POINT ALONG THE RIGHT OF WAY OF CAMINO CAPISTRANO ROAD. SAID
RIGHT OF WAY BEING ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A
RADIUS OF 2642.00 FEET, A RADIAL BEARING TO SAID POINT OF SAID CURVE
BEARS SOUTH 49°48'30" WEST, SAID POINT BEING THE TRUE POINT OF
BEGINNING OF THE PROPERTY HEREIN DESCRIBED;
THENCE ALONG THE BOUNDARY OF SAID TRACT THE FOLLOWING FOUR COURSES,
THENCE NORTH 50°25'18" WEST 78.21 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 500.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
20°08'00" A DISTANCE OF 175.70 FEET;
THENCE NORTH 30° 17' 18" WEST 298.50 FEET;
THENCE NORTH 43°25'42" EAST 12.23 FEET
THENCE LEAVING SAID BOUNDARY NORTH 43°25'42" EAST 8.43 FEET TO A POINT
ALONG THE RIGHT OF SAID RIGHT OF WAY, SAID POINT BEING ON A CURVE
HAVING A RADIUS OF 2,642.00 FEET. A RADIAL BEARING TO SAID POINT BEARS
SOUTH 61 °46'54" WEST;
THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY THROUGH A CENTRAL
ANGLE OF 11 °58'24" A DISTANCE OF 552.11 FEET TO THE TRUE POINT OF
BEGINNING.
. . . ' . '
CONTAINING 10,935 SQUARE FEET, MORE OR LESS
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
BY~:--~S=e~li~m~S~a=w~ay~a~----~M~a~y~3~·=20~1 ~6
L.S. No. 9143 Expires 9/30/2016 DATE:
' .
LINE TABLE
LINE DIRECTION LENGTH
L1 N 49"17'07" E 37.77'
L2 N 43"25'42" E 12.23'
L3 N 43"25'42" E 8.43'
L4 S 50"25'18" E 24.46'
,, ~/
~ P.O.B.
J • ' ' •
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by that certain EASEMENT
DEED attached hereto from DOROTHY M. WILLIAMS and CAROLYN LENORE
WILLIAMS, CO-TRUSTEES OF THE CHARLES AND DOROTHY WILLIAMS 1992
FAMILY TRUST, OF 3508 Via Campesina, Rancho Palos Verdes, CA 90275 (Grantor"),
to the CITY OF SAN JUAN CAPISTRANO, a governmental agency, is hereby accepted
by the undersigned on behalf of the CITY OF SAN JUAN CAPISTRANO (Grantee)
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 : _vtl~d-0--t\..:....,_ll.Q..~--
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61147.02200\29035842.2
GRANTEE
City of San Juan Capistrano
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On July 20, 2016 , before me Maria Morris, City Clerk, personally appeared
BenjamiJl iegel, 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 (ies), 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
Description of Attached Document
Title or Type of Document
Easement Deed
Dorothy M. Williams and Carolyn Lenore
Williams and the City of San Juan Capistrano