00-0524_DMB LADERA, LLC_Grant Deed (Re-recorded).1, e
Recording Requested By:
City of San Juan Capistrano,
a municipal corporation
WHEN RECORDED, MAIL TO:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, Ca. 92675
Attn: City Clerk
This Document was electronically recorded by
First American Title
Recorded in Official Records,County of Orange
Gary L. Granville, Clerk -Recorder
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GRANT DEED
This Grant Deed is being re-recorded
To correct an administrative error
Contained within Exhibit B; and to
Reaffirm that this is a Grant in Fee
Simple.
THIS INSTRUMENT IS RECORDED M THE COUNTY OF ORANGE AT THE REQUEST OF
FMT AAg CAN TITLE COA9' AS AN ACCOMMODATION ONLY. IT HAS NOT
BEEN EXAhDNED AS TO ITS EXECUTION OR AS TO ITS EFFECT UFON THE TITLE.
RECORDING REQUESTED BY:
CITY OF SAN JUAN CAPISTRANO,
a municipal corporation
WHEN RECORDED, MAIL TO:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: George Scarborough
John Shaw, Esq.
Recorded in the County of Orange, California
Gary L Granville, Clerk/Recorder
No Fee
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GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, DMB LADERA, LLC, a Delaware limited liability company ("Ladera"), hereby
grants to THE CITY OF SAN JUAN CAPISTRANO, a municipal corporation ("The Ci ") that
certain real property ("Proper ") located in the County of Orange, State of California, more
particularly described on Exhibit A attached hereto.
MAIL TAX STATEMENTS TO ADDRESS ABOVE
,, . W
A. EXCEPTING THEREFROM, as reserved in the Grant Deed recorded
December 10, 1996 as Instrument No. 19960624029, in the Official Records of the County of
Orange, State of California, the oil, oil rights, minerals, mineral rights, natural gas rights and
other hydrocarbon rights, together with the water, water rights or interests therein appurtenant or
relating thereto.
B. FURTHER EXCEPTING AND RESERVING unto Ladera, its successors
and assigns, together with the right to grant and transfer all or a portion of the same, as follows:
1. Telecommunications: Technology. The right to place on, under or
across the Property, transmission lines and other facilities for a community telecommunication
and/or other technology communications, data transfer and similar systems and thereafter to own
and convey such lines and facilities, and the right to enter upon the Property to service, maintain,
repair, reconstruct and replace said lines and facilities.
2. Public Utilities. Nonexclusive easements in gross on, over and
under the Property for the construction, installation, repair, replacement and maintenance of
electric, gas, telephone, water, sewer, drainage and other utility facilities; provided, except as
such easements have been conveyed to a utility company or other public or quasi -public entity,
said easements in favor of Ladera shall automatically terminate and be of no further force or
effect as to any portion of the Property upon the conveyance thereof to a buyer or other
transferee who is entitled to receive by reason of such conveyance a subdivision public report
pursuant to California Business and Professions Code Section 11018.2 or any similar statute
hereafter in effect or upon conveyance to an association whose members consist in whole or in
part of such buyers or other transferees.
3. Surface Runoff. Permanent, nonexclusive easements in gross on,
over and under the Property for the purposes of accepting surface runoff (including runoff of
reclaimed or other water used for irrigation) from the adjacent slope (but not from the areas at
the top of slope); provided, however, that the use of such easement shall be subject to the
requirement that the owner of such slope (if other than the owner of that portion of the Property
adjacent thereto) shall take reasonable care to keep such slope vegetated so as to reasonably
minimize the runoff therefrom.
C. FURTHER SUBJECT TO:
1. Taxes and Assessments. General and special real property taxes
and assessments and supplemental assessments, if any, for the current fiscal year.
2. Open Space Conservation Easement Agreement. That certain open
space conservation easement agreement by and between Ladera and The Ladera Land
Conservancy, a California non-profit corporation, a copy of which is attached hereto as Exhibit
B and the covenants, conditions, restrictions, rights, reservations, benefits and burdens therein
contained ("Open Space Conservation Easement Agreement'), each and all of which are
hereby expressly incorporated herein by this reference.
y
3. Record Interests. All other covenants, conditions, restrictions,
reservations, rights, rights -of -ways, dedications, offers of dedication and easements of record or
apparent.
D. General Purpose and Provisions.
1. Purpose. Ladera is the master developer of the Ladera Ranch
planned community in accordance with the Ladera Development Agreement recorded January
17, 1997 in the Official Records of Orange County, California as Instrument No. 19970027386.
Among the distinguishing characteristics of this master -planning is the clear delineation of use
areas throughout the Ladera Ranch so as to ensure both harmonious growth and development and
the maximization of the value of the remaining portion of the Ladera Ranch. Accordingly,
Ladera desires that the use of the Property be clearly restricted in accordance with the Open
Space Conservation Easement Agreement.
2. Covenants Run with Property. The Open Space Conservation
Easement Agreement is hereby declared and agreed to be part of a general plan for the purpose
of assuring the enhancement and protection of the value, desirability and attractiveness of the
Ladera Ranch. The Open Space Conservation Easement Agreement shall run with the Property
and be binding upon and burden The City and all persons having or acquiring any right, title or
interest therein during their ownership of such interest or any part thereof, together with their
successors and assigns. Every person or entity who now or hereafter owns or acquires any right,
title or interest in or to any portion of the Property or any improvements thereon is and shall be
conclusively deemed to have consented and agreed to every covenant, condition and restriction
contained herein contained or referenced, whether or not any reference to this instrument is
contained in the instrument by which such person acquired an interest in the Property or any such
improvements.
3. Termination or Amendment. Except as specifically provided in the
Open Space Conservation Easement Agreement, the Open Space Conservation Easement
Agreement may be validly terminated, amended, modified or extended, in whole or in part, only
by recordation with the Orange County Recorder of a proper instrument which has been duly
executed and acknowledged by Ladera and The Ladera Land Conservancy.
4. Costs of Enforcement. In the event any legal or equitable action or
proceeding shall be instituted to enforce any provision of this instrument, the party prevailing in
such action shall be entitled to recover from the losing party all of its costs, including court costs
and reasonable attorneys' fees.
5. Invalidity of Provision. If any provision of this instrument as
applied to any party or to any circumstance shall be adjudged by a court of competent
jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the
maximum extent permissible by law) any other party or other provision under circumstances
different from those adjudicated by the court, or the validity of enforceability of this instrument
as a whole.
6. Notices. Any notice to be given or other document to be delivered
by any party to the other or others hereunder, and any payments from The City to Ladera, may be
delivered in person to an officer of any party, or may be delivered by Federal Express, private
commercial delivery or courier service for next business day delivery or may be deposited in the
United States mail in the County of Orange, State of California, duly certified or registered,
return receipt requested, with postage prepaid, and addressed to the party for whom intended, as
follows:
If to Ladera: DMB Ladera, LLC
c/o Rancho Mission Viejo, LLC
28811 Ortega Highway
San Juan Capistrano, California 92675
Attn: Development Administration Director
Fax No. (949)488-2676
With copy to:
Brobeck, Phleger & Harrison LLP
38 Technology Drive
Irvine, CA 92618
Attn: Drew Jones, Esq.
If to The City:
Mr. George Scarborough
City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
With copy to: John Shaw, Esq.
City Attorney
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Notice may also be given by facsimile transmission ("Fax") to any party at the respective Fax
number given above and marked "RUSH - PLEASE DELIVER IMMEDIATELY," provided
receipt of such transmission shall be confirmed by follow-up notice within seventy-two (72)
hours by another method authorized above. Any party hereto may from time to time, by written
notice to the other, designate a different address which shall be substituted for the one above
specified. If any notice or other document is sent by mail as aforesaid, the same shall be deemed
served or delivered seventy-two (72) hours after the mailing thereof as above provided. Notice
by any other method shall be deemed served or delivered upon actual receipt at the address or
Fax number listed above.
IN WITNESS WHEREOF, Ladera has executed this Grant Deed on the day and
year hereafter written.
"LADERA"
DMB LADERA, LLC, a
Delaware limited liability company
October 391 Iq99
By: RANCHO MISSION VIEJO, LLC, a
Delaware limited liability company,
its agent and manager
By:
Donald L. Vodra
Chief Operating Officer
By: s/
Tom Staley
Vice President
ACCEPTANCE:
The City hereby accepts this Grant Deed on the terms and conditions herein stated
and agrees for itself and its successors and assigns to perform all the obligations of The City
herein.
"THE CITY"
THE CITY OF SAN JUAN CAPISTRANO,
V.
STATE OF CALIFORNIA )
)ss
COUNTY OF ORANGE )
1999 before me,
�(o
nni
personally appeared
_ personally known to
me ( to be the peAon(s) whose name(s)
,ieare subscribed to the within instrument and acknowledged to me that heAWWthey executed the
same in hb#hm/their authorized capacity(ies), and that by }maker/their signature(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and seal.
�' lj-� �) \1�a
Signature
STATE OF CALIFORNIA )
)ss
COUNTY OF ORANGE )
City of San Juan )
Capistrano
(Govt Code 40814 $ Civil Code 1181)
On December 3 , 1999 before me,
Cheryl Johnson, City Clerk personally appeared
George Scarborough personally known to
me (Or -to- me en-thelbasis-e€satis€aeter )-evidence) to be the person(* whose name(o
is/a& subscribed to the within instrument and acknowledged to me that he/skt executed the
same in his/hmiftdreir authorized capacity(xrss), and that by his/hetsignature(s) on the
instrument the person(*) or the entity upon behalf of which the person(5) acted, executed the
instrument.
WITNESS my hand and seal.
Signature
Description of the Property
LEGAL DESCRIPTION
A portion of Rancho Mission Viejo in the County of Orange, State of California as shown on a
Record of Survey filed in Book 9, Pages 15 through 25, inclusive, of Record of Surveys, in the office
of the County Recorder of said County, described as follows:
Beginning at a point in the Northeasterly boundary of Tract No. 6381 as shown on a map filed in
Book 433, Pages 5 through 15, inclusive, of Miscellaneous Maps, in the office of said County
Recorder, South 52°57'27" East 60.50 feet along said boundary, from the most Northerly corner of
Lot 47 of said Tract; thence North 37°02'33" East 43.00 feet; thence North 44001'45" East 102.76
feet; thence North 56°21'04" East 145.17 feet; thence South 71°38'04" East 149.89 feet; thence South
3304038" East 181.71 feet; thence South 43°1703" East 267.81 feet; thence South 52°28'19" East
236.01 feet; thence South 33°42'02" West 137.23 feet; thence South 86°03'43" West 131.14 feet to
said boundary; thence, along said boundary, North 52°57'27" West 783.02 feet to the True Point of
Beginning.
As more particularly shown on Exhibit "B" attached hereto and by this reference made a part
hereof.
Rory S. Wi iams, L.S. No. 6654
License Expires: December 31, 1999
\p.ND
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RoryS. Williams p
Exp. 12/31199
tNo.CI114
pp\FOES
September 9, 1999
Page 1 of 1
W.O. 2426-1T
H&A Legal No. 4506
Prepared by: V. Edge
Checked by: R. Williams/d
EXHIBIT "B"
Sketch to Accompany Legal Description
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Description of Fee Simple
Property Being Conveyed.
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I K V I N E , I N C . PE R U
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Thee Rushes . 1�CA
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ACAD_MC HaA LEGAL No. 4806 SHEET 1 OF 1
Page 2 of 2
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Description of Fee Simple
Property Being Conveyed.
HUNSAKER & ASSOCIATES6L L U
I K V I N E , I N C . PE R U
SES
PLANNING . ENGINEERING . SURVEYING
Thee Rushes . 1�CA
Th. 92618 . M (949) MM10 - M-(9 91 M34759 NINc ED TER O E TY RANG AT C FOR
DAM. RE D�
9-9-99 MM - - - -1 By V. Edge R.
WilliamsrR.E: :\STCNER1DGE\LD\4806\SHT01.CWG Lm
ACAD_MC HaA LEGAL No. 4806 SHEET 1 OF 1
Page 2 of 2
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF .PERJURY THAT 'THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: y -
DATE COMMISSION EXPIRES:
COUNTYe•
•i•//i
N NUMBER:
i
MANUFACTURER/VENDOR
PLACE OF EXECUTIOtN: SANTA ANA
DATED:
SIGNATURE: KK/
FIRST AMER CAN TITLE INSURANCE CO..
Document No.:
Recorded:
STATEMENT OF TAX DUE AND REQUEST THAT TAX DECLARATION
NOT BE MADE A PART OF THE PERMANENT RECORD IN THE OFFICE OF THE
COUNTY RECORDER (PURSUANT TO SECTION 11932 OF THE REVENUE AND
TAXATION CODE).
TO: ORANGE COUNTY RECORDER
Request is hereby made in accordance with the provisions of Section 11932 of
California Revenue and Taxation Code and County of Orange Ordinance Number 2183 that the
amount of the tax due not be shown on the original document which names:
Ladera: DMB Ladera, LLC, a Delaware limited liability company
The City: The City Of San Juan Capistrano, a municipal corporation
The property described in the accompanying document is located in the County of
Orange, State of California.
I HEREBY DECLARE THAT THE DOCUMENTARY TRANSFER TAX IS
S
THE TAX IS COMPUTED ON;
FULL VALUE OF PROPERTY CONVEYED
FULL VALUE LESS LIENS AND ENCUMBRANCES
REMAINING AT TIME OF SALE
(Signakre of Agent Determining Tax) v
(Firm Name): Cynthia L. Russell, City Treasurer
City of San Juan Capistrano
NOTE: After the permanent record is made, this form will be affixed to the conveying
document and returned with it.
Recorded in the County of Orange, California
Gary L Granville, Clerk/Recorder
No Fee
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