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24-0822_PAUL VALENZUELA TRUST_Declaration of Restrictive Covenants (2024000216499)Recording Requested by Fidelity National Title RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano 32400 Paseo Adelanto pp San Juan Capistrano, CA 92675 K) Attn: City Clerk EXEMPT FROM RECORDING FEES p (Government Code §§6103 & 27383) APN: 664-071-01 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II II II 1111 [1[111 [ II NO FEE *$ R 0 0 1 5 1 1 2 5 2 9$* 202400021649911:45 am 08/22/24 498 CR-SC06 D02 D05 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00 Space Above Line for Recorder's Use Only The undersigned grantor(s) declare(s) documentary transfer tax is $0.00. DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS ("Restrictive Covenant") is made this _71 day of , 2024, by the CITY OF SAN JUAN CAPISTRANO, a California municipal corporation (hereinafter "Declarant"), with reference to the following facts: RECITALS Declarant is the sole owner in fee simple of that certain real property consisting of a portion of Assessor's Parcel Number 664-071-01 which is approximately 6.785 acres in size, located at 28432 Calle Arroyo in the City of San Juan Capistrano, County of Orange, State of California more fully described in Exhibit A and depicted in Exhibit B (the "Parcel"). In anticipation of the sale of the Parcel, Declarant desires to memorialize the uses permitted to occur on the portion of the Parcel to be sold. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS In consideration of the above recitals, Declarant hereby declares on behalf of itself, its successors and assigns that the Parcel shall be held, transferred, conveyed, leased, occupied or otherwise disposed of, and used subject to the following restrictive covenants: Allowed uses on the Parcel are restricted to active equestrian stable operations, including the creation and maintenance of facilities and stables for the purpose of accommodating and training equines and engaging in equestrian activities and providing complementary equestrian services. Equestrian stable operations must be kept active on the Parcel. Other uses permitted by the City's General Plan and Zoning are also permissible so long as such other allowed uses are accessory to an active equestrian stable operation on the Parcel. Each of the covenants contained in this Restrictive Covenant touch and concern the Parcel and each of them is expressly declared to be a community development covenant that runs with the land for the benefit of Declarant and Declarant's adjacent property interests, and such covenants run ;with the land in favor of the Declarant regardless of whether the Declarant is or remains an owner of any land or interest in land to which such covenants relate. The Declarant, in the event of any breach of any such covenants, has the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings, to enforce the curing of such breach, as provided by law. The covenants contained in this Restrictive Covenant are for the benefit of and are enforceable only by the Declarant. IN WITNESS WHEREOF Declarant has executed this Restrictive Covenant the day and year first above written and agrees to be bound by the terms and provisions hereof. DECLARANT: CITY OF SAN JUAN CAPISTRANO, a California municipal corporation Date: /�la,/ 2 202 By: enjami ie , City ager 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 118 1) On May 28, 2024, before me, Christy Jakl, City Clerk, personally appeared Benjamin Siegel, 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. WITNESS my hand and official seal. City OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document City Manager Declaration of Restrictive Covenants APN 664-071-01 Title Signer is Representing City of San Juan Capistrano Exhibit A Legal Description In the City of San Juan Capistrano, County of Orange, State of California, being a portion of Lot A of Tract No. 9495, filed in Book 426, Pages 41 through 43, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: STABLESPARCEL Beginning at a point in the southeasterly line of said Tract, said point being distant 213.71 feet from the southwesterly corner of said Tract; thence leaving said southeasterly line North 18°37'09" West 29.01 feet; thence North 1°19'13" East 329.95 feet; thence North 72°35'11" East 43.29 feet; thence South 23°12'38" East 25.05 feet; thence North 77°12'16" East 73.32 feet; thence North 0°57'31" East 150.90 feet to a curve concave westerly having a radius of 30.00 feet; thence northerly 19.89 feet along said curve through a central angle of 37°58'51 "; thence North 37°01'20" West 17.42 feet; thence South 88°20'52" East 23.19 feet to a non -tangent curve concave northerly having a radius of 548.00 feet, a radial line to the beginning of said curve bears South 1'20'50" West; thence easterly 363.67 feet along said curve through a central angle of 38°01'24"; thence non -tangent from said curve North 53°19'37" East 336.94 feet; thence North 54°13'40" East 20.03 feet to a curve concave southeasterly having a radius of 160.00 feet; thence northeasterly 35.60 feet along said curve through a central angle of 12°44'53" to a compound curve concave southerly having a radius of 75.00 feet; thence easterly 31.70 feet along said curve through a central angle of 24°12'49"; thence South 88°48'38" East 36.26 feet to a curve concave northerly having a radius of 60.00 feet; thence easterly 48.59 feet along said curve through a central angle of 46°24'16"; thence North 44°47'06" East 12.38 feet; thence South 88°57'59" East 31.03 feet to the easterly line of said Tract; thence along said easterly line South 1°02'01" West 216.58 feet to a point on said easterly line which is distant 233.70 feet northerly from the southeasterly corner of said Tract; thence leaving said easterly line North 88°57'59" West 30.00 feet to a non -tangent curve concave northwesterly having a radius of 892.00 feet, a radial line to the beginning of said curve bears South 45°04'41" East; thence southwesterly 222.26 feet along said curve through a central angle of 14°16'35" to a non -tangent curve concave southeasterly having a radius of 1083.00 feet, a radial line to the beginning of said curve bears North 33°23'23" West; thence southwesterly 223.32 feet along said curve through a central angle of 11'48'52"; thence non -tangent from said curve South 49°13'00" West 415.60 feet; thence South 47°04'22" West 47.96 feet; thence South 55°14'25" West 59.24 feet; thence South 58°55'49" West 59.24 feet to a point in said southeasterly line of said Tract, said point being distant 334.61 feet from said southwesterly corner of said Tract; thence along said southeasterly line South 63°24'06" West 120.90 feet to the Point of Beginning. Exhibit B Legal Depiction [Attached Behind this Page] EXHIBIT "B" Sketch to Accompany Legal Description LEGEND: — — ® INDICATES SHEET NUMBER ------------- RIGHT OF WAY TRACT N0. 8485 LOT LINE A Ln N 0 Q0 n M. 40i. M. 426/41-43 O LU Q LULn I >�O Q I . y 0 Lu 00 ....;; 00 L0 P ' -------------------------- - I Q LOT I A 5 PQ,G QQQ` TRACT N0. 8485 �Q•Q QP M.M. 426/41-43 RN O C� I bo " ROBERT L. WHEELER IV, PLS 8639 DATE ®& ASSOCIATES I R U I NR V N E , I N C EXHIBIT "B" PLANNING ■ ENGINEERING ■ SURVEYING Three Hughes • Irvin, CA 92618 • PH: (949) 583.1010 • FX: (949) 5830759 CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA GATE: 2/16/23 DATE – – – 'ZG K. KOLICHI Byd R. WHEELER SCALE: 1 "= 200' W.O. 1100-6 FILE: I: \PW Mission Trails Stables LD 10417\SHT01.dwg HBA LEGAL No. 104121 SHEET 1 OF 3