Attachment 9
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Clemente
Attn: City Clerk
910 Calle Negocio
San Clemente, CA 92673
Fee exempt per Cal. Gov't Code 8 27383.
Space above this line for Recorder's use.
EASEMENT DEED AND AGREEMENT
This easement deed and agreement (Agreement") is made on March 20, 2024 ("Effective Date") by and between the City of San Clemente, California, a municipal corporation ("City" or "Grantee") and OC Re-Hab 1, LLC, a California limited liability company ("Grantor").
Recitals
A. In 2011, a landslide caused damage to the Via Ballena hillside and Shorecliffs Golf Course within Cascadita Canyon in the City. The landslide resulted in approximately 15 feet of surface water impounded within a concrete channel, at least four homes "red tagged" as uninhabitable, and at least seven other homes affected.
In 2015, the City, Grantor, and several other parties entered into an agreement, which detailed plans and actions to stabilize the 2011 slide on the Via Ballena hillside and mitigate or help prevent future landslides for this 2011 slide area ("Landslide Remediation").
Grantor owns the Parcels No. 691-021-01, and 691-302-01 in the City, which includes the fifth and sixth hole of Shorecliffs Golf Course and the Via Ballena hillside (the "Property"), more particularly described in Exhibit "A" attached hereto and incorporated herein fully by reference. The Property is the site of activities related to the Landside Remediation, including drainage improvements.
D. As part of the Landslide Remediation, Grantor constructed a series of drainage facilities at the Property, which include an approximately seven feet by seven feet (7' × 7') reinforced concrete box culvert that is connected to an eight (8) foot pipe upstream from the Grantor's Property and connected to an eight (8) foot open concrete channel downstream at Via Cascadita, a subdrain system, and transition structures on the Property for drainage as more fully described on the as-built plans ("Improvement Plans") dated February 9, 2024 submitted by Grantor and approved by the City on February 9, 2024 and on file with the City (collectively, the "Drainage Facilities"). Now completed, Grantor wishes to dedicate the Drainage Facilities to the City for operation, inspection, maintenance, repair and, as necessary, replacement.
By way of this Agreement, Grantor wishes to grant the City a permanent and perpetual easement on the Property for drainage purposes, operation, ingress and egress, inspection, maintenance, repair, and, as necessary, replacement of the Drainage Facilities.
Agreement
1. Grant of Easement. Grantor, as the owner of the Property, hereby grants to City and its successors and assigns, a permanent and perpetual easement ("Easement") to operate, access, inspect, maintain, repair and replace the Drainage Facilities in, under, within, along, over and across that portion of the Property described in Exhibit "B1" Legal Description of Easement Area and depicted in Exhibit "B2" Plat Map depiction of Easement Area, both of which are attached hereto and incorporated herein fully by reference (the "Easement Area"). The Easement includes such other appurtenant and incidental rights and easements as are necessary or incidental for the maintenance of the Drainage Facilities or improvements, including, but not limited to: (a) a non- exclusive easement for ingress, egress and access to, along, across, under, under and upon the Easement Area; (b) the right to park maintenance vehicles and store maintenance equipment and materials in the Easement Area; and (c) the right to remove landscaping, trees, structures or anything else in the Easement Area that interferes with the City's rights granted herein (including under Section 4 below) as determined in the City's sole discretion and regardless of whether the same had previous, prior approval.
2. Maintenance of Easement. The City and its successors, and assigns shall cause to reinforced concrete box, subdrain system, and transition structures described in Exhibit C (i.e., access road, golf course, approved landscaping, habitat, mitigation areas, irrigation, low-flow diversion system, low-flow wetland improvements, v-ditches, and other surface and subsurface drainage improvements) shall remain the maintenance responsibility of the Grantor and its successors and assigns. The Drainage Facilities and transition structures accepted by the City include the fencing connected to the transition structures and the associated gates allowing direct access into the transition structures.
3. Term of Easement. The Easement shall not be effective unless and until the Drainage Facilities are completed by the Grantor, approved by the City, and accepted by the City.
Once effective, the Easement shall be perpetual.
4. Scope of Easement. The Easement shall include, but not be limited to, the right and privilege of workmen, contractors, and any and all employees and agents of the City to use and occupy the Easement Area for purposes of all exercises described in this Agreement. Grantor, its successors, and assigns shall not construct any buildings, structures, footings or impervious areas in the Easement Area, shall not plant any trees or plantings with significant roots, and shall not block, obstruct, park on, store personal property on, or in any way interfere with the City's use of the Easement Areas. The Grantor, its successors, and assigns may use the surface area of the Easement Area for any purposes that are consistent with the permitted land uses allowed in the underlying zoning district of the Property, necessary to maintain the Property and do not interfere with the Easement, including, but not limited to, landscaping of the Easement Areas with species with minimal root growth as approved by the City in advance; provided, however, that Grantor reserves the right to alter, improve, modify and/or utilize the Easement Areas, subject to City's review and approval of an applicable permitting process, such as potential Planning Division discretionary approvals, and Encroachment or Grading Permits. Planting of trees or any plant species with significant root growth within ten (10) feet of the Drainage Facilities shall be subject to issuance of an Encroachment Permit at the sole discretion of the City Engineer.
5. Notice to Successors and Assigns. One of the purposes of recording this Agreement is to put Grantor's successors and assigns on notice that this Easement substantially limits the development potential of the Easement Area.
6. Notice of Entry or Disturbance of Easement Area. The City shall have the right, without notice, to, at any time, enter, inspect, and perform routine inspection and maintenance duties as may be necessary, in City's sole discretion, to ensure proper functions of the Drainage Facilities. Except in an emergency found to exist by the City Engineer or designee, if the City intends to enter or disturb the Easement Area for work other than routine inspection and maintenance activities, then the City shall give Grantor not less than seven (7) calendar days' prior written notice specifying the date of such entry, the duration thereof, and the nature of the work to be performed by the City. If the access road is properly maintained by Grantor, the City will repair any and all damage caused to the access road by City vehicles, or City contractor vehicles at no cost to the Grantor.
Flood Control Facilities. In the event that the City finds it necessary to enter on and disturb the surface area of the Easement Area, or Areas outside of the Easement Area, in order to maintain, repair, reconstruct, or enlarge any flood control facility as part of the Landslide Remediation, the City shall be responsible only to restore any section of the flood control facility affected to the same load specifications as originally constructed and to backfill with compacted earth to grade off the surrounding property following completion of such flood control facility- related activities. The City shall be responsible for replacing or restoring the access road (if properly maintained), any landscaping, V-Ditches, Drain Inlets, or anything else removed or damaged during the above mentioned work, whether or not it is within the Easement Area or outside of the Easement Area, so long as such improvements are permitted improvements and have been properly maintained. In the event that work is needed beyond the limits of the Easement Area due to the depth of the culvert or other such issues related to the limited width of the Easement Area, the Grantor agrees to allow for temporary construction access easements) at no cost to City and hereby grants the City a right of entry to the Property in the areas that the City deems necessary for such purposes. Improvements damaged by the City or its contractors to any areas outside the Easement Area shall be repaired by the City at the City's cost, but Grantor waives any claim to damages beyond the cost to repair the permitted improvements, including but not limited to any claim for lost profits, loss of use or inverse condemnation.
8. Minimizing Inconvenience to Grantor. The City agrees to use its best efforts to minimize any inconvenience to Grantor or Grantor's adjoining property and to minimize the period of time that Easement Area will be disturbed.
9. Restrictions on Use. In utilizing the rights herein granted, the City shall comply with any and all applicable federal, state, and local laws, regulations, ordinances and other governmental restrictions relating to the use of the Property. Further, the City shall take reasonable steps to ensure the safety and security of all persons and property on the Property in connection with City's use of the Easement Areas and the rights granted herein.
10. Grantor Improvements. Any improvements installed or constructed or caused to be installed or constructed by Grantor that are not in accordance with Section 4 above and that may be disturbed by the City's exercise of rights under this Agreement shall be replaced, reconstructed, and/or relocated at Grantor's sole cost and expense, consistent with those permitted by Section 4 of Agreement. In the event that any such improvements need to be relocated due to the City's operations under this Agreement, the improvements shall be replaced, reconstructed, and/or relocated outside of the Easement Area at the Grantor's sole cost and expense. Prior to granting rights or permission to others for installation or construction of an improvement upon, across, within, over or under the Easement Area, Grantor shall have had the plans for such installation or construction approved in writing by the City Engineer or designee. Further, Grantor shall have the proposed improvement holder acknowledge and agree to in writing to abide to the terms of this Agreement by including these terms in any easement, deed, lease or other agreement between the Grantor and the proposed improvement holder.
11. Liability for Improvements. The City shall not be liable or responsible for any loss or claim for damages resulting from the operation or maintenance of any improvements installed or constructed or caused to be installed or constructed by Grantor. Grantor will pay expenses incurred by the City to make repairs or remediate the impact of any such improvements and for any hazardous or toxic materials that become located upon, within or under the Easement Area because of such Grantor improvements or activities.
12. Liability for Hazardous Waste. Nothing in this Agreement is intended nor shall anything in this Agreement be construed to transfer to the City, its successors, or assigns or to relieve Grantor, its successors, or assigns of any responsibility or liability Grantor, its successors, or assign has had, now has, or will have with respect to human health or the environment, including, but not limited to, responsibility or liability related to hazardous or toxic substances or materials. Further, the City may exercise its rights under law to bring action, if necessary, to recover clean-up costs and penalties paid, if any, from Grantor or any others who are ultimately determined by a court of competent jurisdiction and/or federal, state, or local agency of competent jurisdiction to have responsibility for said hazardous toxic substances or materials upon, within, or under the Property. The City shall be and remain liable for any hazardous or toxic substances or materials which become located upon, within, or under the Easement Area because of the City's operations under this Agreement.
13. Mutual Indemnity. The parties and their successors and assigns, hereby agree to indemnify, defend (with counsel acceptable to the other party, and hold the other party and its officials, officers, employees, agents and representatives harmless from and against any and all claims, actions, liabilities, losses, damages, injuries (including loss of life and other loss, injury or damage to persons or property), costs and expenses (including reasonable attorneys' fees), regardless of whether the underlying allegations are false, fraudulent, or groundless, which arise out of, result from, or are related to (a) the indemnifying party's or its successors', assigns', agents', employees', contractors', subcontractors', volunteers' or representatives' ownership, use or operation of the Easement Area; (b) any breach of a duty imposed by this Agreement or applicable law upon the indemnifying party, its successors and assigns, or a person or entity for whom the indemnifying party, its successors and assigns, is legally responsible; or (c) any act or omission of the indemnifying party or its successors, assigns, agents, employees, contractors, subcontractors, volunteers or representatives.
14. Bill of Sale of Personalty. For good and valuable consideration, Grantor hereby sells, transfers, assigns, sets over and conveys to City as Grantee the following personal property:
a. Tangible Personalty. All of Grantor's right, title and interest, if any, in and to all the furniture, fixtures, equipment, and other tangible personal property owned by Grantor and located in or on that portion of the Easement Area consisting of the Drainage Facilities and transition structures specifically accepted by the City as Grantee in this Agreement as described in Exhibit C hereto, including the fencing connected to the transition structures and the associated gates allowing direct access into the transition structures, with the exception of the Low Flow Diversion Pipe that is the responsibility of the Grantor.
15. Assignment of Licenses, Permits, Contracts, and Warranties. For good and valuable consideration, Grantor hereby assigns, transfers, sets over and conveys to City as Grantee, and City hereby accepts the following assigned property:
Intangible Personalty. All of Grantor's right, title, and interest, if any, in and to all licenses and permits relating to the operation of that portion of the Easement Area consisting of the Drainage Facilities and transition structures specifically accepted by the City as Grantee in this Agreement as described in Exhibit C hereto, along with Grantor's rights and warranties under the construction contract with general contractor Western Pacific Construction Services, Inc. relating to that area described in this paragraph.
Modification. This Agreement may not be modified in any respect or rescinded, in whole or in part, except by an instrument in writing, duly executed and acknowledged by both parties, their successors or assigns.
17. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
City: City of San Clemente
910 Calle Negocic
San Clemente, CA 9267.
ATTN: City Clerk
Grantor: OC Re-Hab 1, LLC
13101 Barrett Hill Circle
North Tustin, Ca 92705
ATTN: George Zeber
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
18. Waiver and Default. The waiver by one party of the performance of any provision of this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by it of any other provision under this Agreement or of any subsequent breach by the other party of the same provision.
Covenants Run with Land. This Agreement and the easements and other rights and benefits granted in this Agreement shall run with the land and, as such, shall be binding upon and inure to the benefit of the City and Grantor, and their respective heirs, successors, and assigns in the Grantor's ownership of the Property and the Easement Areas.
Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in the County of Orange. Any rights under California Code of Civil Procedure section 395 are hereby waived.
Construction. The rule of strict construction does not apply to this Agreement. The language of this grant shall be construed simply, according to its fair meaning, so that the intention of the parties is carried out.
Severability. If any term, covenant, condition or provision of this agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. Prior agreements, representations, negotiations, and understandings of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
In witness whereof, the City and Grantor have executed this agreement as of the date first written above:
CITY OF SaN CLEMENTE OC Re-Hab 1, LLC
By: By:
Andy Hall
City Manager Managing Member
4/1/3024
Date: Date:
Attest: Attest:
By: By:
Laura Campagnolo NAME
City Clerk POSITION
Date: Date:
Approved as to form: Approved as to form:
By: By:
Elizabeth A. Mitchell
City Attorney
Date: Date:
(Notarial Acknowledgement of execution by Grantor must be attached.)
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 )
on April 1 _, 2024, before me, -fictra, Notary Public, personally appeared George Zeber ~ _ who proved to me on the basis of satisfactory evidence to be the 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/their 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.
аластааааа
. PIAZZ
HOTARY PUBLIC - CALIFORNI
COMMISSION # 241508:
ORANGE COUNTY
(Seal) My Comm. Exp. September 6, 2026
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by written deed or grant deed dated → 2024 from OC Re-Hab 1, LLC, a California limited liability company ("'Grantor") to the City of San Clemente, a California municipal corporation ("City"), is hereby accepted by the undersigned officer on behalf of the City of San Clemente pursuant to the authority _ 2024 and the City consents
Dated this day of , 2024.
Andy Hall, City Manager
Exhibit "A"
Legal Description
THAT PORTION OF PARCELS DESIGNATED AS "HUGO FORSTER 63.48 ACRES", "HUGO FORSTER 376.60 ACRES", AND "JOHN M. LYLE 35.101 ACRES", AS SHOWN ON A MAP FILED IN BOOK 11, PAGE 29 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, ALSO BEING A PORTION OF RANCHO BOCA DE LA PLAYA, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 118 AND 119 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A 1-1/2 INCH IRON PIPE TAGGED R.C.E. 10301, BEING THE MOST SOUTHERLY CORNER OF TRACT NO. 4628 AS SHOWN ON A MAP RECORDED IN BOOK 161, PAGE 28 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID TRACT NO. 4628 AND THE SOUTHEASTERLY BOUNDARY OF THAT PORTION SHOWN AS "NOT A PART OF THIS TRACT" ON SAID MAP, NORTH 68° 30'00" EAST 987,00 FEET; THENCE, ALONG SAID TRACT NO. 4628 BOUNDARY, NORTH 47° 30' 00" EAST 264.79 FEET TO A 1-1/2 INCH IRON PIPE TAGGED R.C.E. 10301, MARKING A COMMON CORNER OF SAID TRACT NO. 4628 AND TRACT NO. 4804 AS SHOWN ON A MAP RECORDED IN 3OOK 168, PAGE 20 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE, LEAVING THE BOUNDARY OF SAID TRACT NO, 4628, ALONG THE BOUNDARY OF SAID TRACT NO. 4804, NORTH 47° 30'00" EAST 256.71 FEET; THENCE, CONTINUING ALONG SAID BOUNDARY OF TRACT NO. 4804, NORTH 35° 25' 39" EAST 266.93 FEET TO A 1-1/2 INCH IRON PIPE TAGGED R.C.E. 10301, MARKING A COMMON CORNER OF SAID TRACT NO. 4804 AND TRACT NO. 4937 AS SHOWN ON A MAP RECORDED IN BOOK 176, PAGES 20 AND 21 OF
MISCELLANBOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE, LEAVING THE BOUNDARY OF SAID TRACT NO. 4804, ALONG THE BOUNDARY OF SAID TRACT NO. 4937, NORTH 35° 25' 38" EAST 181.50 FEET; THENCE, CONTINUING ALONG SAID BOUNDARY OF TRACT NO. 4937, NORTH 42° 06' 08" EAST
56.24 FEET TO A 2-INCH IRON PIPE TAGGED R.C.E. 8793, MARKING THE MOST EASTERLY CORNER OF LOT 1 OF SAID TRACT NO. 4937; THENCE, LEAVING THE BOUNDARY OF SAID TRACT NO. 4937, NORTH 72° 26' 32" EAST 134.26 FEET; THENCE SOUTH 68° 17' 24" EAST 88.07 FEET; THENCE SOUTH 49° 34' 53" EAST 214.89 FEET; THENCE SOUTH 16° 28' 30" WEST 63.74 FEET; THENCE SOUTH 38° 33' 22" WEST 275.18 FEET; THENCE SOUTH 38° 40' 21" WEST 383.67 FEET; THENCE SOUTH 39° 19' 15" WEST 120.49 FBET; THENCE SOUTH 41° 51' 12" WEST 58.51 FEET; THENCE SOUTH 43° 31'25" WEST 495.55 FEET; THENCE NORTH 46° 28'35," WEST 96.58 FEET; THENCE NORTH 83° 26'35" WEST 131.26 FEET; THENCE SOUTH 50° 02'33" WEST 96.54 FEET; THENCENORTH 82° 57' 29" WEST 171.29 FEET; THENCE SOUTH 56° 02' 47" WEST 90.42 FEET; THENCE SOUTH 19° 03' 46" WEST 193.98 FEET; THENCE NORTH 55° 08' 51" WEST 418.00 FEET; THENCE SOUTH 34° 51' 09" WEST 100.00 FEET; THENCE NORTH 55° 08' 51" WEST 40.84
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 725.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 07' 54", A DISTANCE OF 77.59 FEET; THENCE, TANGENT TO SAID CURVE, NORTH 49° 00' 57" WEST 10.45 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 390.43 FEET; THENCENORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 23° 16' 22", A DISTANCE OF 158.59 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY ALONG THE LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 96° 47' 59", A DISTANCE OF 33.79 FEET TO A POINT OF
COMPOUND CURVATURE WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 176.36 FEET; THENCE NORTHEASTERLY ALONG THE LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 10°51'59", A DISTANCE OF 33.60 FEET TO A POINT IN THE BOUNDARY OF SAID TRACT NO. 4628 AND A POINT IN THE SOUTHEASTERLY RIGHT OF WAY LINE OF VIA MONTEGO; THENCE SOUTH 54° 34'21" EAST 160.00 FEET ALONG SAID BOUNDARY OF TRACT NO, 4628 TO THE POINT OF BEGINNING.
Currently used as the 5" & 6" Holes of the Shorecliffs Golf Course EXHIBIT "В1"
STORM DRAIN EASEMENT
(APN 691-021-01)
THAT PORTION OF PARCELS DESIGNATED AS "HUGO FORSTER 63.48 ACRES", "HUGO FORSTER 376.60 ACRES", AND "JOHN M. LYLE 35.101 ACRES", ", IN THE
CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 11, PAGE 29 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF LOT 71 IN TRACT NO. 4940 RECORDED IN BOOK 200 PAGES 44 THROUGH 47, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORD OF SAID COUNTY; THENCE THE FOLLOWING COURSES:
1. SOUTHEASTERLY ALONG THE SOUTHEASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 71 SOUTH 49°34'53" EAST 35.01 FEET;
2. SOUTH 41°54'50" WEST 201.88 FEET;
3. SOUTH 58°46'42" WEST 156.70 FEET;
4. SOUTH 44°26'41" WEST 117.39 FEET;
5. SOUTH 43°00'59" WEST 286.55 FEET;
6. SOUTH 48°00'09" WEST 70.23 FEET;
7. SOUTH 38°47'15" WEST 72.88 FEET;
8. SOUTH 47°58'02" WEST 238.44 FEET;
9. SOUTH 57°11'24" WEST 21.36 FEET;
10. SOUTH 62°00'40" WEST 79.36 FEET;
11. SOUTH 66°47'52" WEST 109.22 FEET;
12. SOUTH 72°48'25" WEST 21.29 FEET;
13. SOUTH 75°54'22" WEST 86.30 FEET;
14. SOUTH 78°37'21" WEST 70.17 FEET;
15. SOUTH 73°02'04" WEST 159.31 FEET TO
16. THE BEGINNING OF A TANGENT CURVE CONCAVE TO SOUTHEAST HAVING A RADIUS OF 190.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 38.21 FEET THROUGH A CENTRAL ANGLE OF 11°31'17" TO
17. THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 457.42 FEET, A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 28°29'13" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE 233.34 FEET THROUGH A CENTRAL ANGLE OF 29°13'39";
18. NORTH 89°15'34" WEST 56.89 FEET TO
19. THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 365.03 FEET, A RADIAL LINE THROUGH SAID
BEGINNING BEARS SOUTH 01°28'18" EAST; THENCE WESTERLY ALONG SAID CURVE 47.13 FEET THROUGH A CENTRAL ANGLE OF 07°23'51";
20. NORTH 84°04'27" WEST 46.41 FEET;
21. SOUTH 76°29'27" WEST 45.96 FEET;
22. SOUTH 52°49'55" WEST 29.22 FEET;
23. SOUTH 39°02'11" WEST 25.82 FEET;
24. SOUTH 33°07'55" WEST 51.45 FEET TO THE NORTHEASTERLY LINE OF VIA CASCADITA, 50.00 FEET WIDE, AS SHOWN ON SAID TRACT NO. 4940;
25. NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE NORTH 55°08'51" WEST 16.76 FEET TO
26. THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 725.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 77.59 FEET THROUGH A CENTRAL ANGLE OF 06°07'55";
27. NORTH 49°00'57" WEST 10.45 FEET TO
28. THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 390.43 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 27.48 FEET THROUGH A CENTRAL ANGLE OF 04°01'58";
29. LEAVING SAID NORTHEASTERLY OF VIA CASCADITA NORTH 38°35'02" EAST 16.21 FEET;
30. NORTH 67°29'31" EAST 64.19 FEET;
31. NORTH 85°02'52" EAST 78.57 FEET TO
32. THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 499.43 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 71.19 FEET THROUGH A CENTRAL ANGLE OF 08°10'00";
33. SOUTH 84°04'27" EAST 47.75 FEET TO
34. THE BEGINNING OF A TANGENT CURVE CONCAVE THE NORTHEAST HAVING A RADIUS OF 330.03 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 43.27 FEET THROUGH A CENTRAL ANGLE OF 07°30'42";
35. SOUTH 89°15'34" EAST 57.58 FEET TO
36. THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH HAVING RADIUS OF 422.42 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 215.48 FEET THROUGH A CENTRAL ANGLE OF 29°13'39" TO
37. THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS 225.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 28°29'13" EAST; THENCE NORTHEASTERLY ALONG CURVE 45.24 FEET THROUGH CENTRAL OF 11°31'17";
38. NORTH 73°02'04" EAST 161.01 FEET;
39. NORTH 78°37'21" EAST 71.05 FEET;
40. NORTH 75°54'22" EAST 84.52 FEET;
41. NORTH 72°48'25" EAST 18.50 FEET;
42. NORTH 66°47'52" EAST 105.92 FEET;
43. NORTH 62°00'40" EAST 76.43 FEET;
44. NORTH 57°11'24" EAST 17.06 FEET;
45. NORTH 47°58'02" EAST 232.81 FEET;
46. NORTH 38°47'15" EAST 72.89 FEET;
47. NORTH 48°00'09" EAST 71.52 FEET;
48. NORTH 43°00'59" EAST 285.46 FEET;
49. NORTH 44°26'41" EAST 122.23 FEET;
50. NORTH 58°46'42" EAST 155.91 FEET;
51. NORTH 41°54'50" EAST 195.78 FEET TO THE POINT OF BEGINNING.
CONTAINS 87,809 SQUARE FEET MORE OR LESS.
EXHIBIT "B2" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF.
PREPARED UNDER MY DIRECTION
12.22:2023
ROGER A. WATKINS, LS 7637 DATE
LICENSE EXPIRES 12/31/2024.
*
*
LS # 7637
EXHIBIT "2" SHEET 1 OF 3
LEGEND:
STORM DRAIN EASEMENT EXISTING STORM DRAIN
(APN:691-021-01) EASEMENT AS NOTED.
LOT LINE
SCALE: 1"=160' PARCEL LINE AS NOTED.
STORM DRAIN EASEMENT AS
DESCRIBED IN EXHIBIT "B1"
GOLD COURSE ACCESS EASEMENT CONVEYED
A TO SHORELIFFS COUNTRY CLUB, A
CALIFORNIA CORP., PER O.R. 7345/759 PMB 119/33 SAN DIEGO FWY. 10' WIDE EASEMENT TO CITY OF SAN MA
ALECRE
CLEMENTE FOR PEDESTRIAN ACCESS AS
SHOWN ON TRACT NO. 4940
(ABANDONED STREET)
25' WIDE EASEMENT TO TRI-CITIES MUNICIPAL
(C) WATER DISTRICT AS SHOWN ON TRACT NO.
4940 70
69 LOT 71
10' WIDE EASEMENT FOR DRAINAGE L3, TRACT NO. 4040 MM. 200/44-47 D 130
PURPOSES CONVEYED TO CITY OF Us.
SAN CLEMENTE PER O.R. 1195/611 TRACT NO. 4804
(DOC. NO. 8092)
3 S49'34'53"E.
12 950% -L33
68 TRACT NO. TRACT NO. 4973 -L34
LAND
SSIONAL A. 1804) PORTION OF THE HUGO FORSTER
ROGER SURVEYOR 6348 ACRES PARCEL
PROF 7637 SNI PER RS 11-20
NO.
EXP. 12/31/24 ALEGRE 133
* 4804 MM. 168/10-20
136
STATE OF CALIFORNI
35' WIDE CITY OF
No SAN CLEMENTE STORM
DRAIN EASEMENT
TRACT NO. 4628 TRACT NO. 4804 TRACT
6,
200/40-47
BASIS OF BEARINGS:
THE BASIS OF BEARINGS OF THIS
BALLENA EXHIBIT WERE BASED ON THE TRACT NO.
4940 RECORDED IN BOOK 200 PAGES
44 THROUGH 47 OF MISCELLANEOUS
7060 MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, STATE
OF CALIFORNIA.
NOTES:
176
1. SEE SHEET 3 FOR LINE AND CURVE TABLES.
115
L7% LAS 2. STORM DRAIN EASEMENT WAS PLOTTED FROM
LAA PROVIDED SITE PLAN TITLED "PLANS AND
SPECIFICATIONS FOR SLOPE STABILIZATION &
L45 SURFACE DRAINAGE IMPROVEMENTS AT VIA
6 So BALLENNA LANDSLIDE SAN CLEMENTE,
CALIFORNIA" DATED JANUARY 26, 2023.
EXHIBIT "B2" SHEET 2 OF 3
STORM DRAIN EASEMENT
(APN:691-021-01)
SCALE: 1"= 160'
NOTE:
SEE SHEET 1
SEE SHEET 3 FOR LINE AND
CURVE TABLES.
LEGEND: L76 L771
EXISTING STORM DRAIN
EASEMENT AS NOTED. 3
LOT LINE
PARCEL LINE AS NOTED.
STORM DRAIN EASEMENT AS MN 200/44-47
DESCRIBED IN EXHIBIT "B1"
15126/20 L73 L74 L46 L45
ALEGRE L8
PORTION OF THE HUGO FORSTER 834B ACRES PARCEL TRACT NO. 4049 BALL ENA No, WIDE CITY OF PER RS 1-20 L10
• CLEMENTE STO CLEMENTE STORM L>,
DRAIN EASEMENT VIA
C13 CALLE TINAJA ——
Cs
L12
26 76 Co
74 75
73 25 SANDA.
30 NOT A PART OF L66 C11 L68 24
VIA
THIS TRACT 29
MONTEGO
-
23 22
•L54 L14
1 <62 . 200/44-47
$ : L55 1017 MM.
TRACT NO. 4828 TRACT NO. 4040
MM 161/28-20 L63 CASCADITA
L22 -co TCB
VIA
16 C1
c2-
-L18
L60 L58
6 TRACT NO. 4577
M.M. 187/8-9
EXHIBIT "B2" SHEET 3 OF 3
STORM DRAIN EASEMENT (APN:691-021-01)
Line Table Line Table Line Table
Line # Direction Length Line # Direction Length Line # Direction Length L1 S16'28'30" 63.74 L29 N42'06'08"E 56.24' L56 S39'02'11 "W 25.82' L2 S38'33'22"W 275.18' L30 N72'26'32"E 134.26' L57 S33'07'55'W 51.45' L3 S38'40'21'W 383.67 L31 S68'17'24"E 88.07 L58 N55'08'51"W 16.76' L4 S39'195' 120.49' L32 S49'34'53'E 137.89' L60 N49'00'57'W 10.45' L5 S41'51'12"W 58.51' L33 S49'34'53"E 36.00' L62 N38'35'02"E 16.21' L6 S43'31'25'W 240.00' L34 S49'34'53"E 41.00' L63 N67'29'31"E 64.19' L7 S43'31'25'W 255.55' L35 S41'54'50"W 201.88' L64 N85'02'52"E 78.57 L8 N46'28'35"W 96.58' L36 S58'46'42"W 156.70' L66 S84'04'27"E 47.75' L9 N83'26'35"W 131.36' L37 S44'26'41"W 117.39' L68 S89'15'34"E 57.58' L10 S50'02'33"W 96.54' L38 S43'00'59"W 286.55' L71 N73'02'04"E 161.01' L11 N82'57'29"W 171.29' L39 S48'00'09'W 70.23' L72 N78'37'21"E 71.05' L12 S56'02'47"W 90.42' L40 S38'47'15'W 72.88' L73 N75'54'22"E 84.52' L13 S193'46 193.98' L41 S47'58'02"W 238.44' L74 N72°48'25"E 18.50' L14 N55'08'51"W 418.00' L42 S57'11'24'W 21.36' L75 N66'47'52"E 105.92' L15 S34'51'09"W 100.00' L43 S62'00'40"W 79.36' L76 N62'00'40"E 76.43' L16 N55'08'51"W 40.84' L44 S66'47'52"W 109.22' L77 N57 11'24"E 17.06 L18 N49'00'57"W 10.45' L45 S72°48'25"W 21.29' L78 N47'58'02"E 232.81' L22 S54'34'18"E 160.00' L46 S75'54'22"W 86.30' L79 N38'47'15"E 72.89' L23 N68'30'00"E 987.00' L47 S78'37'21"W 70.17° L80 N48'00'09"E 71.52' L24 N47°30'00"E 82.07' L48 S73'02'04"W 159.31' L81 N43'00'59"E 285.46' L25 N47'30'00"E 182.72' L51 N89'15'34"W 56.89' L82 N44'26'41"E 122.23' L26 N47'30'00"E 256.71' L53 N84'04'27"W 46.41' L83 N58'46'42"E 155.91' L27 N35'25'39"E 266.93' L54 S76'29'27'W 45.96' L84 N41'54'50"E 195.78' L28 3525'391 181.50' L55 S52:4955 29.22'
Curve Table Curve Table
Curve # Radius Length Delta Curve # Radius Length Delta C1 725.00' 77.59' 6°07'55" C8 725.00' 77.59' 6°07'55"
C2 390.43' 158.59' 2316'23" C9 390.43'| 27.48' 4'01'58" C3 20.00° 33.79' 96'48'04' C10 499.43' 71.19 8'10'00"
C4 176.36' 33.60' 10'54'57" C11 330.03' 43.27' 7'30'42" C5 190.00' 38.21° 11'31'17" C12 422.42' 215.48' |29'13'39" C6 457.42' 233.34' 29'13'39" C13 225.00' 45.24 11'31'17" C7 365.03' 47.13' 723'51"
Parcel Map Check Report
ROGER A
Client: Prepared by: WATKINS
Client Kevin Tan tS # 16377
The Culver Group, Inc. SATE OF CALIFORNI
14841 Yorba St., Suite 102
Date: 12/18/2023 1:36:37 PM
Parcel Name: APN 691-021-01 SD EASEMENT - Standard : 1
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:2,108,747.041' East: 6,139,035.570
Segment# 1: Line
Course: S49° 34' 53"E Length: 35.01'
North: 2,108,724.342' East: 6,139,062.224'
Segment# 2: Line
Course: S41° 54'50"W Length: 201.88
North: 2,108,574.113' East: 6,138,927.366'
Segment# 3: Line
Course: S58° 46'42"W Length: 156.70
North: 2,108,492.888' East: 6,138,793.361'
Segment# 4: Line
Course: S44° 26'41"W Length: 117.39
North: 2,108,409.080' East: 6,138,711.162'
Segment# 5: Line
Course: S43° 00'59"W Length: 286.55'
North: 2,108,199.566' East: 6,138,515.675'
Segment# 6: Line
Course: S48° 00'09"W Length: 70.23'
North: 2,108,152.576' East: 6,138,463.482'
Segment# 7: Line
Course: S38° 47' 15"W Length: 72.88'
North: 2,108,095.768' East: 6,138,417.828
Segment# 8: Line
Course: S47° 58' 02"W Length: 238.44'
North: 2,107,936.119' East: 6,138,240.723'
Segment# 9: Line
Course: S57° 11'24'W Length: 21.36'
North: 2,107,924.545' East: 6,138,222.771'
Segment# 10: Line
Course: S62° 00'40"W Length: 79.36'
North: 2,107,887.301' East: 6,138,152.693
Segment# 11: Line
Course: S66° 47'52'W Length: 109.22'
North: 2,107,844.271' East: 6,138,052.307'
Segment# 12: Line
Course: S72°48'25"W Length: 21.29'
North: 2,107,837.978' East: 6,138,031.968
Segment# 13: Line
Course: 575°54'22' Length: 86.30'
North: 2,107,816.963' East: 6,137,948.266'
Segment# 14: Line
Course: S78° 37'21"W Length: 70.17'
North: 2,107,803.120' East: 6,137,879.475'
Segment# 15: Line
Course: S73° 02' 04"W Length: 159.31'
North: 2,107,756.634' East: 6,137,727.098
Segment# 16: Curve
Length: 38.21' Radius: 190.00'
Delta: 11°31'17" Tangent: 19.17
Chord: 38.14' Course: S67° 16'25"W
Course In: S16° 57' 56"E Course Out: N28° 29' 13"W
RP North: 2,107,574.903' East: 6,137,782.539'
End North: 2,107,741.898' East: 6,137,691.917'
Segment# 17: Curve
Length: 233.34' Radius: 457.42'
Delta: 29°13'39" Tangent: 119.27
Chord: 230.81' Course: S76° 07'36"W
Course In: N28° 29' 13"W Course Out: SO° 44' 26"W
RP North: 2,108,143.937' East: 6,137,473.747'
End North: 2,107,686.555' East: 6,137,467.835'
Segment# 18: Line
Course: N89° 15'34'W Length: 56.89
North: 2,107,687.290' East: 6,137,410.950
Segment# 19: Curve
Length: 47.13' Radius: 365.03'
Delta: 7°23'51" Tangent: 23.60'
Chord: 47.10' Course: N87° 46' 22"W
Course In: N1° 28'18"₩ Course Out: S5° 55' 33"W
RP North: 2,108,052.200' East: 6,137,401.575'
End North: 2,107,689.120' East: 6,137,363.889'
Segment# 20: Line
Course: N84° 04'27"W Length: 46.41'
North: 2,107,693.912' East: 6,137,317.727'
Segment# 21: Line
Course: S76° 29' 27"W Length: 45.96'
North: 2,107,683.175' East: 6,137,273.038'
Segment# 22: Line
Course: S52° 49' 55"W Length: 29.22'
North: 2,107,665.522' East: 6,137,249.754'
Segment# 23: Line
Course: S39° 02' 11"W Length: 25.82
North: 2,107,645.466' East: 6,137,233.492'
Segment# 24: Line
Course: S33° 07' 55"W Length: 51.45'
North: 2,107,602.382' East: 6,137,205.371'
Segment# 25: Line
Course: N55° 08'51"₩ Length: 16.76'
North: 2,107,611.959' East: 6,137,191.617'
Segment#t 26: Curve
Length: 77.59' Radius: 725.00'
Delta: 6°07'55" Tangent: 38.83'
Chord: 77.55' Course: N52° 04' 54"W
Course In: N34° 51'09"E Course Out: S40° 59' 04"W
RP North: 2,108,206.913' East: 6,137,605.930'
End North: 2,107,659.620' East: 6,137,130.436'
Segment# 27: Line
Course: N49° 00' 57'W Length: 10.45'
North: 2,107,666.473' East: 6,137,122.547'
Segment# 28: Curve
Length: 27.48' Radius: 390.43'
Delta: 4°01'58" Tangent: 13.75'
Chord: 27.48' Course: N51° 01' 56"₩
Course In: S40° 59'03"W Course Out: N36° 57' 05"E
RP North: 2,107,371.741' East: 6,136,866.483'
End North: 2,107,683.752' East: 6,137,101.185'
Segment# 29: Line
Course: N38° 35' 02"E Length: 16.21'
North: 2,107,696.423' East: 6,137,111.295'
Segment# 30: Line
Course: N67° 29' 31"E Length: 64.19'
North: 2,107,720.996' East: 6,137,170.595'
Segment# 31: Line
Course: N85° 02' 52"E Length: 78.57
North: 2,107,727.778 East: 6,137,248.872'
Segment# 32: Curve
Length: 71.19' Radius: 499.43'
Delta: 8°10'00" Tangent: 35.65'
Chord: 71.13' Course: N89° 07' 52"E
Course In: S4° 57' 08"E Course Out: N3° 12' 52"E
RP North: 2,107,230.213' East: 6,137,291.985'
End North: 2,107,728.857' East: 6,137,319.990'
Segment# 33: Line
Course: S84° 04' 27"E Length: 47.75'
North: 2,107,723.927' East: 6,137,367.485'
Segment# 34: Curve
Length: 43.27' Radius: 330.03'
Delta: 730'42" Tangent: 21.67
Chord: 43.24' Course: S87° 49' 48"E
Course In: N5° 55'33"E Course Out: S1° 35'10"E
RP North: 2,108,052.194' East: 6,137,401.557
End North: 2,107,722.290 East: 6,137,410.692'
Segment# 35: Line
Course: S89° 15'34"E Length: 57.58'
North: 2,107,721.546' East: 6,137,468.268'
Segment# 36: Curve
Length: 215.48' Radius: 422.42'
Delta: 29°13'39" Tangent: 110.14'
Chord: 213.15' Course: N76° 07' 36"E
Course In: NO° 44'26"E Course Out: S28° 29' 13"E
RP North: 2,108,143.930' East: 6,137,473.727'
End North: 2,107,772.655' East: 6,137,675.204'
Segment# 37: Curve
Length: 45.24' Radius: 225.00'
Delta: 11°31'17" Tangent: 22.70'
Chord: 45.17' Course: N67° 16'25"E
Course In: S28° 29'13"E Course Out: N16° 57'56"W
RP North: 2,107,574.896' East: 6,137,782.520'
End North: 2,107,790.104' East: 6,137,716.865'
Segment# 38: Line
Course: N73° 02' 04"E Length: 161.01'
North: 2,107,837.087' East: 6,137,870.868'
Segment# 39: Line
Course: N78° 37'21"E Length: 71.05'
North: 2,107,851.103' East: 6,137,940.522'
Segment# 40: Line
Course: N75° 54'22"E Length: 84.52'
North: 2,107,871.684' East: 6,138,022.498'
Segment# 41: Line
Course: N72° 48'25"E Length: 18.50'
North: 2,107,877.153' East: 6,138,040.171'
Segment# 42: Line
Course: N66° 47' 52"E Length: 105.92'
North: 2,107,918.883' East: 6,138,137.524'
Segment#f 43: Line
Course: N62° 00' 40"E Length: 76.43'
North: 2,107,954.752' East: 6,138,205.015
Segment# 44: Line
Course: N57° 11'24"E Length: 17.06'
North: 2,107,963.996' East: 6,138,219.354'
Segment# 45: Line
Course: N47° 58'02"E Length: 232.81'
North: 2,108,119.875' East: 6,138,392.276'
Segment# 46: Line
Course: N38° 47'15"E Length: 72.89'
North: 2,108,176.691' East: 6,138,437.937'
Segment# 47: Line
Course: N48° 00'09"E Length: 71.52'
North: 2,108,224.545' East: 6,138,491.089'
Segment# 48: Line
Course: N43º 00' 59"E Length: 285.46'
North: 2,108,433.261' East: 6,138,685.831'
Segment# 49: Line
Course: N44° 26'41'E Length: 122.23'
North: 2,108,520.524' East: 6,138,771.419'
Segment# 50: Line
Course: N58° 46' 42"E Length: 155.91'
North: 2,108,601.340' East: 6,138,904.749'
Segment# 51: Line
Course: N41° 54'50"E Length: 195.78'
North: 2,108,747.030' East: 6,139,035.532'
Perimeter: 4,743.36' Area: 87,809.14Sq.Ft.
Error Closure: 0.039 Course: S73° 07'28"W
Error North : -0.0114 East: -0.0376
Precision 1: 121,624.87
EXHIBIT "C"
IMPROVEMENT MAINTENANCE RESPONSIBITIES
City of San Clemente:
• 7 foot by 7 foot box culvert, as shown on As-Built Plans dated February 9, 2024 from Station 02+53 to Station 24+65.6.
• Subdrain system as shown on As-Built Plans dated February 9, 2024 from Station 02+53 to Station 24+65.6.
• Subdrain relief valves at/near Stations 2+50, 4+50, 6+50, 8+50, 10+50, 12+50, 14+50, 16+50, 18+50, 20+50, 22+50, and 24+50 as shown on As-Built Plans dated February 9, 2024 from Station 02+53 to Station 24+65.6.
• Box Culvert 48-inch manholes at/near Stations, 2+70, 4+71, 7+50, 12+50, 17+00, 22+00 as shown on As-Built Plans dated February 9, 2024 from Station 02+53 to Station 24+65.6.
• Transition structure, concrete access ramp, chain link security fencing and gate as shown n Sheet 5.6, 5.7, and 5.7.1 of the As Built Plans dated February 9, 2024. This does no nclude the v-ditches, draining inlets, and v-ditch outlet piping as shown on Sheet 5.7.1 These improvements will remain with the Grantor or its successors. Note: the existing 6 foot by 7 foot box culvert is not a part of this agreement.
Note: With the exception of the low-flow diversion improvements, the upstream portions of improvements between Station 0+32 and 2+53 are to be accepted by the City under separate easement agreements.
All other improvements, not listed above shall remain the responsibility of the Grantor or its successors. This includes, but is not limited to: access road, golf course, approved landscaping, habitat, mitigation areas, irrigation, low-flow diversion system, well casing cleanouts, low-flow wetland improvements, , v-ditches, drop inlets, slope subdrains, and other such surface and subsurface improvements.