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1991-1007_MARBELLA DEVELOPMENT CO_Grant of Easement and License Agr0 a GRANT OF EASEMENT AND LICENSE AGREEMENT The City of San Juan Capistrano, a California municipal cororation ("City") grants to Marbella Development Company, a California general partnership ("Developer") and Marbella Golf and Country Club, a Delaware nonstock corporation ("Club") an easement for the existing water lines ("Water Line Easement") which serve the approximate 420,000 gallon water tank owned by Developer ("Water Tank") located on the plateau area of Lot B of Tract 12954 and a license to use, repair, maintain and replace the Water Tank and the Water Line Easement ("Maintenance License"). Said Water Line Easement and Maintenance License shall be in perpetuity, or until such time as the Water Tank and the Water Line Easement is dedicated to and accepted by the Capistrano Valley Water District. The Water Line Easement is hereby established by Easement Deed in the form attached hereto as Exhibit "A" and incorporated herein by reference. Developer shall be responsible for all restoration and repair to any existing improvements as a result of their repair, construction, etc., including, grading, drainage facilities, fences and landscaping subject to all normal City permitting process and plan approval and the payment of all permit, plan check and inspection fees. Developer shall defend, indemnify and hold City harmless with respect to any claims occasioned by the Developers execution of the Easement and License hereunder. CITY OF SAN JUAN CAPISTRANO Dated September 3, 1991 Kenneth E. F iess, Mayor ATTEST: p� h City Clerl MARBELLA DEVELOPMENT COMPANY, a California General Partnership By: FAIRWAY PROPERTIES COMPANY, a Delaware corporation By: Pre ident MARBELLA GOLF AND COUNTRY CLUB By: Michael L. Knap Vice President and a retary 08/30/91 7102u/2299/00 -2- 0 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: ) City of San Juan Capistrano ) Attn City Clerk ) 32400 Paseo Adelanto ) ban Juan Capistrano, CA 92675 ) 0 [Space Above This Line Is For Recorder's Use Only] Mail Tax Statements to: Marbella Development Company 27462 Calle Arroyo San Juan Capistrano, CA 92675 GRANT OF EASEMENT TO MARBELLA DEVELOPMENT COMPANY and MARBELLA GOLF AND COUNTRY CLUB FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SAN JUAN CAPISTRANO ("Grantor"), hereby grants and conveys to MARBELLA DEVELOPMENT COMPANY, a California general partnership and MARBELLA GOLF AND COUNTRY CLUB, a Delaware nonstock corporation, ("Grantee"), a perpetual non-exclusive easement and right-of-way for a water and sewer pipeline or pipelines, together with incidental appurtenances, connections and structures in, over, under, upon, along, through and across the respective portions of the real property described in Exhibit "A" attached hereto and diagrammed in Exhibit "B" attached hereto (the "Easement Area"). The easement and right-of-way granted herein are in gross. The easement and right-of-way granted herein include the incidental rights to enter upon and pass and repass over and along the Easement Area for the construction (including, without limitation, grading, excavation and compaction of the Easement Area), reconstruction, enlargement, improvement, repair, operation and maintenance of the facilities to be constructed by Grantee and for ingress and egress to Grantee's property. After completion of any work performed by Grantee or its agents, contractors or employees which disturbs the surface of Grantor's property, Grantee shall restore the surface of such area as close as reasonable to its original character. • 0 The easement and right-of-way acquired herein are acquired subject to the right of Grantor, its successors and assigns, to use the surface and subsurface of the land within the Easement Area to the extent that such use is compatible with the full and free exercise of the easement and right-of-way by Grantee; provided, however, that no fences, block walls, or other structures or other improvements shall be constructed upon, over and along the Easement Area without the prior written consent of Grantee, which consent shall not be unreasonably withheld or delayed. No fill or paving of any nature shall be placed or maintained on the surface of the ground within the Easement Area, nor shall any earth be removed from the cover of the pipeline after construction, without the prior written consent of Grantee, which consent shall not be unreasonably withheld or delayed. Grantee shall have the right to use gates in all of Grantor's fences which presently or hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. IN WITNESS WHEREOF, this instrument has been executed this 7th day of October , 1991. ATTEST: 08/30/91 7103u/2299/00 CITY OF SAN JUAN CAPISTRANO Kenneth E. Friess, Mayor MARBELLA DEVELOPMENT COMPANY, a California General Partnership By: FAIRWAY PROPERTIES COMPANY, a Delaware corporation r By: President BELLA GOLF AND COUNTRY CLUB By: / Mi ael L. Knapp Vice President and'Sec etary -2- • Exhibit "A" ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, DESCRIBED AS FOLLOWS: LOT B OF TRACT NO. 12954, AS SHOWN ON A MAP RECORDED IN BOOK 597, PAGES I TO 34 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. • EXHIBIT B 0 TRACT N0, 12954 INTHE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA y ire. ni rcE rmlo e[r KEIT" EMDI MEETING INC. fIDLA/D�+ m -ear• a uiJs•e .er e)r-N] Ilam DO�FOSTER L./.r/f/ lrsaerl °�u.'n•wer°:'•r— tao.rr'- )wo, run' _____ _ Lln✓� _____________________ Trenu._ 8 rdu<srrrw rW �rcx rJnr '••.,.,•r •• rt ro. ure r�e Lf ta llp I.A. []YNr"r 2� t x. erre. rr ]fix ^.r »N.u.N (I/xl[rN0 r rwa e. r 5y+ .Y +4r aJd ;^ir��rd edrD [wYNrurma[V Dam •••• •" 1 r m�lemisae err sear iNe .rr mJ Nerr+mNn+L:tr rr - - - - —Nrl u'__ _]x e° — - -__-- 0011 Ne+•vm[ rw, p .. v'ao w ' s,.0 rn.rrr l Irrrl 2�}ra ] 'rm f 'lr rf uel•rrrcV F i../wsr•r)'W'r 11 d°' 8o r � x11 ( reef ]ry � oo' Z27 NOT N ef•rJ'JJ"N )T.IS \ rfe� r `7+6 a•� •'Xr N u• •)err •r 88 NOT 88` ' r+es•Jz'[e-w • ec` $8 9 „ew.' 'Nose urruxN[Nrav- ver sr m -w rae sr N rr• eo n -c n v A $ . �/ornr..ro r° l• J 'AO PART YI $� iiaau 8$ +Ji Jrter ZE xx t (xNTTrrJJ KJf'VV rr,b]°mM) ? eITIJIIADDfIria [rrN N•:: �� 02 �•. MCC'n .. r..e renµ °r J• t]"v 11n a° �\ urrsie.won'•ire +wN rp LOT V. 9z \� N 46.11? ACRES a \ 129 ATKD To TW ?Tip Nar s°mr / LAK KCK.IiDx]L lat' / '9. l.k N 1¢ ^ �x5 V� if O• •r[ )I Jf y�L r '' IJI - .� b� 109 � '• \ �� v, �� Nrrba .rt wLa xp15 106 I]1\ COT eB 11-1yr NIT I]] °Y - 'a eG19ZA Daus. TO �n a cr r °i xxx x roe xL 106 •s.r ix xx ma �� � t �r i Narf ..n `e 101 , ` IJI N vvL xr are x si N.r a•ror�'r°f 101 ry N7 Nlydo ur nv ..•w »-e oL u' s IJ9 umar Nre•vra'r or. b 10] HB L/6 ,ortm e. a AS ie`ae »rr v IJr '_ N9 .frc .•.. �S, Nn.r 110 '•�6 r�, N seer ]rw Na• n re�e r, - -alY LSm' - Tvr r I or r Tic Je Jr< �•yi ,191 r • ax d� ~aii: mV �i rr .' W 112 /J9 x .0 Jr4rV io�ra ry r fsm' 0o i Bz V ei �I". 's�� r•ybd 1]" f. 196 �• s nfJr"_ H] 144 ♦ 3er ' � 90 '46] is BT BI X °,p � - � I _ �a 9 STATE OF CALIFORNIA ss. COUNTY OF ORANGE ) 0 October 4, 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael L. Knapp, personally known to me to be the persons who executed the within instrument as President on behalf of Fairway Properties Company, the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors, said corporation being known to me to be one of the partners of Marbella Development Compaoy, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. OFFCIAI SEAL y Uzv ALICEUIORANGE UNIY j My Cumms,ioa Exp 5127!95 (SEAL) STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) /II On October 4, 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael L. Knapp, personally known to me on the basis of satisfactory evidence to be the person who executed the within instrument as Vice President and Secretary, respectively, on behalf of Marbella Golf and Country Club, the corporation therein named and acknowledged to me that such corporation executed the same. WITNESS my hand and %�'-"- OFFlCIAL SFAL /L.-9��. ALICE M. STUMP '�2,a ��. Nctaly Puo�.� Cal�lom�a � �a!I ORANGE COUNTY My Canlmission Exp_ 5127/95 (SEAL) official seal. -3- State of California County of Orange J City of San Juan Capistrano On October 7, 1991 before me,/L�-ems+ F�%G / Notary Public DATE NAME. TITLE OF OFFICER - E.G.,'JAME DOE. NOTARY PUBLIC' personally appeared Cheryl A. Johnson NAMES) OF SIGNERS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personM whose name(g) is/ subscribed to the within instrument and ac- knowledged to me thabbe/she/they executed the same in his/her/ttasir authorized capacity(iles), and that by bis/herlif;Beir signature(s) on the instrument the persons "-" OFFICIAL NOTARY SEAL orthe entity upon behalf ofwhich the person(g) - No EILEEN REGTE acted, executed the instrument. �,�.. O ^N f COUNTYnIa Witness my hand and official seal. My Ccmm. Expires IMAv 2 7. ' _J5 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) CORPORATE Municipal OFFICER(S) City Clerk TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENI ATTENTION NOTARY: Although the information requested below is OPTIONAL, it Could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Grant of Easement to Marbella Dev Co MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages 6 Date of Document October 7, 1991 Signer(s) Other Than Named Above Michael Knapp, Mayor C 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 91304-)184 State of California County of Orange City of San Juan Capistrano On October 7, 1991 before me, Cheryl A. Johnson, Notary Public DATE NAME, TITLE OF OFFICER E G..'JANE DOE, NOTARY PUBLIC' personally appeared Kenneth E. Friess NAMES) OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person" whose names) is/are subscribed to the within instrument and ac- knowledged to me that he/skatill ley executed the same in his/herldmar authorized capacity(iemq, and that by his/bcexMiefir signature*) on the instrument the persor#o, orthe entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL SEAL CHERYL A. JOHNSON it Witness my hand and official seal. NOTARY PUBLIC - CALIFORNIA OPoMNGE COUNTY My comm. expires DEC 13, 1993 GNATURE OF 1KTARY CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) :a CORPORATEMunicipal OFFICER(SS) Mayor TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) City of San Juan Capistr ATTENTION NOTARY: Although the Information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Grant of Easement to Marbella Dev Co. Number of Pages 6 Date of Document October 7, 1991 Signer(s) Other Than Named Above Michael Knapp, Citv Clerk 91991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Bax 7184 • Canoga CERTIFICATE OF ACCEPTANCE The undersigned, being the duly appointed agent of MARBELLA DEVELOPMENT CORPORATION, a California general partnership ("Marbella") and MARBELLA GOLF AND COUNTRY CLUB, a Delaware nonstock corporation, ("Club"), does hereby accept on behalf of Marbella and Club, the grant of all interests in real estate for public purposes as described in the attached Grant of Easement dated the7th day of October , 1991, by and between Marbella, Club and the City of San Juan Capistrano, and does hereby certify that Marbella and Club consents to the recordation of the attached Grant of Easement. DATED: �� 1991 r (SEAL) 08/30/91 7103u/2299/00 MARBELLA DEVELOPMENT COMPANY, a California General Partnership By: FAIRWAY PROPERTIES COMPANY, a Delaware corporation By: President MARBELLA GOLF AND COUNTRY CLUB By: Mic�iae1 L. Rna Vice President and S retary -4- A Y rl I MEMBERS OF THE CITY COUNCIL LAWRENCE F BUCHHEIM KENNETH E FRIES$ / "'inlpPxpxPllE GARY L HAUSDORFER ✓� 1961 GIL JONES Ifl Pllltxl4 1776 JEFF VASQUEZ •AA • CITY MANAGER STEPHEN B JULIAN October 10, 1991 Mr. Michael Knapp Vice President and Secretary Marbella Golf and Country Club 27462 Calle Arroyo, Suite A San Juan Capistrano, California 92675 Re: Helicopter Hill Dear Mr. Knapp Enclosed are the fully -executed copies of the "Agreement Regarding Access to Helicopter Hill (Marbella Development Company)" and the "Grant of Easement and License Agreement" for use of the existing water tank on Helicopter Hill. The original Water Line Easement has been forwarded to the Orange County Recorder's Office. I appreciate your assistance in obtaining the correct exhibits so we may finish processing these documents. Very truly yours, Cheryl Johnson City Clerk Enclosure 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 4931171 �0. P The Resolution, accepted the wor as completend directed the City Clerk to forward a Notic of Completi n to the County Recorder. St ff was authori d to relea and reduce the following bon s (35) days ter recordg the Notic of Completion: Origi 1 Reduced Release Bond No. o o Amount9 NA 100647 Equestrian Fencing 5,000 $ 5 00 $ 5,g00 NA 100¢4 Private, treet ; 721,011 5,000 3 ,000 Improv ent (Reduc to a 0,000 Bon / for nor items com ted prio to / re a se) / NA 00652 r' ate St ee 7, 77 3 00 30 00 Im roveme t / 2 N /10065 P ivat Str et 16 ,889 5,000 5,O,00 ij As set forth in the Report dited September 3, 1991, from the Assistant City Manager, the Grant of Easement and License Agreement were approved for use of the existing water tank on Helicopter Hill by Marbella Development Company and Marbella Golf and Country Club Lot for crossing City property to use and maintain the water tank and appurtenant water lines. The Mayor and City Clerk were authorized to execute the Grant and Easement and License Agreement on behalf of the City. �0;(@I'j4yqwv'm-+;44:l,fRIV*4-91000eW1#44V.V�OI•I4WVVA64Ivr'l " ILOFFLWAN;WOJO1I aderat n o a r eat r a t e e tela ion eating e Tract 10634, a six -p cel subdivision located at southeast corner of Camino Capistrano and Pueblo Serra. -5- 9/3/91 CONSENT CALENDAR AGENDA ITEM 0 September 3, 1991 TO: STEPHEN B. JULIAN, CITY MANAGER FROM: GEORGE SCARBOROUGH, ASSISTANT CITY MANAGER SUBJECT: GRANT OF EASEMENT AND LICENSE AGREEMENT TO MARBELLA GOLF AND COUNTRY CLUB FOR ACCESS TO MAINTAIN WATER TANK LOCATED ON HELICOPTER HILL SITUATION• The Subdivision Improvement Agreement between the City and the Marbella Development Company required that a parcel identified as Lot B on the Marbella Subdivision Map and consisting of approximately 50 acres, including Helicopter Hill, be dedicated to the City as fulfillment of the Parks and Recreational land dedication. This dedication of lot B occurred with the recordation of the final map for the subdivision. In connection with the dedication requirement, the Subdivision Improvement Agreement also provided that the City would grant the developer the use of the existing water tank on Helicopter Hill by an easement and license agreement to cross City property to use and maintain the water tank and appurtenant water lines. The attached grant of easement and license agreement satisfy the provisions of the Subdivision Improvement agreement to grant use of the existing water tank on Helicopter Hill. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: None. PUBLIC NOTIFICATION: Not applicable. ALTERNATE ACTIONS: 1. Approve the attached Grant of Easement and License Agreement to Marbella Development Company and Marbella Golf and Country Club. 2. Request additional information. FOR CITY COUNCIL AGENDA: \ )E / 0 Approve the attached Grant of Easement and License Agreement to Marbella Development Company and Marbella Golf and Country Club. E%HIBIT B TRACT N0. 12954 IN THE CITY OF SAN JUAN CAPISTRANO. ED. ,-,.t :TA�gtE ,P30/PL< 0 COUNTY OF ORANGE, STATE OF CALIFORNIA PMeD-/JI ED l'IP/TAC RCE //is- PER N pp•n'Ea-r KEITH E0. FOSTER INC- R PH eo-n1,PMa /64/33-40 fRpp•n•3r N) (79[149'1 OOUOLAB 0. FOSTEPI L.S. 4399 (zsaor) !9/4. H'---- )9O900'44'[)-W OOf' ___9931/' _ ____________ ________ 1!., x6)7, KI ..-/Loafs'.... O II Iw,xpL EMLESTR/AN AND N//AVL TtAR f513T I - ---- -- -- - --- /0//.// FD Z'IPJTA0 LS z32e /.' ' I -- - PER PM e0-aw RM G I I N DEDICATED a THE CITY tF PO' ROAD EASEMENT TD OCW ILA/3S-b 64c`.'LTW ^I 11 SANJRANCAPISTRANO ,un [hmr y4 DISTRICT NO f PER BOOR 4/74 Otp N. / or; 7 PAGE 1635 OR. 4Npl I 1 I 0 ^ bl .1--t0 ROAD EASEMENT 0 DC DISTRICT NO 4 PER e00N IOTA, OD PAGE ILSS OP .I , ` II / w / / NDJ'Sf"ISE 95. 5D' _304.90_ -___-/ • WE 6f5O; 1 I "I/ \\ N5)•53'/0"W 9091 I 1M.S. 57-A- I/ 11 /�\:Np!•Jt'NY I lL4E' 1% / 1/ i�3 \ W 11'00' 111. I 417CA. Y i • �A^ In•E /Ne9•Irff,w --- NSZ•?7'DO-E 5100' OQ N57 -41'16'E JR/9 ' S5a ` 130.00' 1,16 CN0P1l33'W \ `\ <e� OO 227 N e9r/3'is- W 779. IT /SO M' I I i'•\ �� I.." . ..... N 44. 41'01"1 49..1 8 NOT $$ s•``s 4 �+\ «33' B3•N tl'SO'I1'E 3/e $ LO'WATERL D4"S' W430 feYp�jANo 33PARI ' Vrn 'g.9•��__ ___ /`� N ;J'3L'p0'W NW-lZ 44'W 94.m. • MOM 12116. • Np3'JL'q> f )D i,' 11 PAGE 1635 OR p W 1aSq / tz O$ 41, N1115"p-C 2 z2 l0'Wq lft time fJNT /t1M N7?53'N /SOH' DEDICATED M THE (VW13'lt'W 15006) CAPISTRANO VALLEY WATER D/STRICT N/PG!'GJf COYiSTCIAN AXOrSAN6T<A/L (AII.I NOIr 34'23"W 911)' 9939' 0 ,"'Tt' TO THE CITY O. $AN JMAN CAPISTRANO, LOT B 48.997 ACRES DEDI MAN TO THE CRY OFN J4.30'00'E N DZ* 30' WE SJ 34' SAN JUW CAMPSTRAM FM TZ Ot' PARK 1M REf#♦TN.W4 PURPOSE; M FEE SIMPLE 1g515 B N 13'04'49'/ 7933' OO F' ' L -N 4•'35 MO I 8ti109 NW33'Hf 4045 I Pdg1 108 N SO -Z8 19-l' 4141 LOT B 107 13, b 48.992 ACRES •\ 6D DEMATEO TO TE CITY OF .'LNn MNAt ♦'wNpN RCCREATTK)NALR PUNPoSES, IN FEE SIMPLE (' \ ?+ a w5 I I "S4rz4'3O-E 44.ra Nti\ 11 /' /r 146 Al 35•[4'4/'E 4Ezt. 1 / , 174 117- 34 19-W 4pOT /I' I Ne1•oo'fl-E ase 104 I, , 147 , / 135 NK•36'A-E e4 II' 2 / / ,If-" Ire NII -C 41.1 a IO3 elD $b ZS• 3O We N 7D' 40' a -W i.5e' V N IT•LO'/O'W 31W 2- / NO/. ' // 177 N O/'40'STE a St. ZI, lD•f Nq / 1 tiV l51 -7t. 30'39'F N75-41'W'W \Oi' / / / losly 6L, / 132 / / 139 3500' _ 80 a A 01 00 / ' 153 /// 140 \ �• / I 141 \1 8l�� Nn SO�E� RI6 N� '255 154 \�\62 RE�\ NT9•5000 15472 156 142 i Da \v` \ 4T. �6 _ 'tb� .•nE3ot,! 144 /43 yr yy / 83 �t�{ / 89 c 0 90 Do_ ^e1 21/2 B4 // 92