17-0918_JAIN FAMILY TRUST_Easement Recorded in Official Records, Orange County
Hugh Nguyen,Clerk-Recorder
II �I�I 111111111111111111 II U NO FEE
RECORDING REQUESTED BY AND * $ R 0 0 0 9 5 7 0 3 7 4 $ *
WHEN RECORDED MAIL TO: 2017000397029 11:50 am 09119/17
105 406 Al2 8
City of San Juan Capistrano 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Maria Morris, City Clerk
(Exempt from Recording Fees per Govt. Code§27383)
DRIVEWAY ACCESS AND MAINTENANCE EASEMENT
FOR STORM DRAINAGE PURPOSES
(30481 Marbella Vista)
THIS DRIVEWAY ACCESS AND MAINTENANCE EASEMENT ("Easement") is
executed as of this 1 g g day of Se_ +c.o, 2017, by and between THE JAIN
FAMILY TRUST, dated September 9, 2010 ("Owner") and the CITY OF SAN JUAN
CAPISTRANO ("City"), and is made with reference to the following facts: •
RECITALS
A. Owner owns certain residential real property located at 30481 Marbella
Vista, San Juan Capistrano, California, and more particularly described as Parcel 1 of
Lot Line Adjustment 02-12954-18 recorded September 30, 2005, as instrument No.
2005000776106 of Official Records of Orange County, California (the "Property").
B. When the City approved development of the Property (as part of Tract
Map No. 12954), the City accepted responsibility to operate and maintain a public storm
drainage pipe inlet and related infrastructure ("Inlet") that is located at the rear of the
Property.
C. The City requires reasonable access from the nearest public street
(Marbella Vista) across the Property in order to operate and maintain the Inlet for public
storm drainage purposes. It is to the benefit of Owner to allow such access so that
drainage improvements directly affecting the Property may be operated and maintained
by the City.
D. In May, 2002, Owner purchased approximately 4,400 square feet of
parkland to the rear and adjacent to Owner's residence from the City. Through a lot line
adjustment, this additional land was incorporated into the Property and is being used as
part of Owner's residence. The purchase contract expressly requires Owner to grant the
City a maintenance access easement across this additional land to allow the City to
service the Inlet, as well as construction of a maintenance access driveway (Section
13).
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Maria Morris, City Clerk
(Exempt from Recording Fees per Govt. Code§27383)
DRIVEWAY ACCESS AND MAINTENANCE EASEMENT
FOR STORM DRAINAGE PURPOSES
(30481 Marbella Vista)
THIS DRIVEWAY ACCESS AND MAINTNANCE EASEMENT ("Easement") is
executed as of this /SL`s day of 5-� •f-c ah tkr 2017, by and between THE JAIN
FAMILY TRUST, dated September 9, 010 ("Owner") and the CITY OF SAN JUAN
CAPISTRANO ("City"), and is made with reference to the following facts:
RECITALS
A. Owner owns certain residential real property located at 30481 Marbella
Vista, San Juan Capistrano, California, and more particularly described as Parcel 1 of
Lot Line Adjustment 02-12954-18 recorded September 30, 2005, as Instrument No.
2005000776106 of Official Records of Orange County, California (the "Property").
B. When the City approved development of the Property (as part of Tract
Map No. 12954), the City accepted responsibility to operate and maintain a public storm
drainage pipe inlet and related infrastructure ("Inlet") that is located at the rear of the
Property.
C. The City requires reasonable access from the nearest public street
(Marbella Vista) across the Property in order to operate and maintain the Inlet for public
storm drainage purposes. It is to the benefit of Owner to allow such access so that
drainage improvements directly affecting the Property may be operated and maintained
by the City.
D. In May, 2002, Owner purchased approximately 4,400 square feet of
parkland to the rear and adjacent to Owner's residence from the City. Through a lot line
adjustment, this additional land was incorporated into the Property and is being used as
part of Owner's residence. The purchase contract expressly requires Owner to grant the
City a maintenance access easement across this additional land to allow the City to
service the Inlet, as well as construction of a maintenance access driveway (Section
13).
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E. City and Owner desire by this Easement to provide City a right of access,
ingress and egress across the Property over a driveway easement area for the benefit
of and use by the City for full and unrestricted access to the Inlet.
F. Owner is a family trust, established on September 9, 2010, with Mr. Inder
J. Jain and Ms. Vijay Jain, husband and wife, named as the sole trustees of Owner.
On January 22, 2015, Mr. Jain died. Therefore, under the terms of the family trust, Ms.
Vijay Jain is the sole remaining trustee of Owner, with the authority to execute this
document on behalf of Owner.
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of
which is hereby acknowledged, City and Owner agree as follows:
1. Driveway Easement. Owner hereby grants to City and creates over the
westerly twenty (20) feet of the Property ("Driveway") a perpetual, non-exclusive
easement over, upon and across the Driveway for access, ingress and egress in order
for the City to operate and maintain the Inlet for the benefit of the public. The Driveway
is shown on Exhibit "A" attached hereto.
2. Use of Driveway/Preservation of Access. The Driveway will be used for
access, ingress and egress in order to allow City staff, contractors, consultants, vehicles
and equipment to operate, maintain, improve, repair, or reconstruct the Inlet, as may be
determined by the City in its reasonable discretion. Neither City or Owner nor any
persons acting on their behalf will cause or allow the Driveway to be obstructed by
walls, fences, structures or other temporary or permanent barriers of any type, except
by mutual agreement of the Parties.
3. Maintenance. Owner will, at Owner's sole cost and expense, maintain the
Driveway at all times in good repair, free from potholes, obstructions or other
impediments to City vehicle and equipment access. Owner shall also remove, trim, cut
and clear away any trees and brush whenever, in the City's judgment, the same shall be
necessary for the convenient and safe exercise of the rights granted hereby. If the
event that Owner fails to maintain the Driveway as required above, the City may, upon
providing thirty (30) days written notice to Owner, conduct such work in order to restore
free and safe access through the Driveway, and may recover said reasonable costs
from Owner by any means available at law or equity.
4. Breach. Any alleged breach of the rights and obligations set forth in this
Easement may be the subject of appropriate legal action in any court having jurisdiction,
in order to enforce the terms and provisions hereof. In the event of such legal action,
the party prevailing therein shall be entitled to an award of attorneys' fees and costs.
5. Termination. This Easement may only be modified or terminated by the
mutual written consent of City and Owner. Any attempt to terminate without such
mutual consent will be null and void.
6. Mutual Indemnification. City, its successors and assigns shall save,
indemnify and hold harmless Owner, its successors and assigns against any liability,
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loss, cost, damage, and expense sustained by Owner and caused by or arising from the
acts or omissions of City, its employees, contractors, agents, representatives,
successors and assigns in using the Driveway and the exercise of any/all rights granted
to City herein. Owner, its successors and assigns shall save, indemnify and hold
harmless City, its successors and assigns against any liability, loss, cost, damage, and
expense sustained by City and caused by or arising from the acts or omissions of
Owner, its employees, contractors, agents, representatives, successors and assigns in
using the Driveway.
7. Covenant Running with the Land. This Easement constitutes a covenant
running with the land, pursuant to the provisions of California Civil Code Section 1468
and will therefore, upon its recording, constitute an easement and encumbrance
affecting the Property and the successor owners thereof.
8. Authority to Execute and Counterparts. Each signor to this Easement
represents that he or she has the full requisite legal authority to execute this Easement
on behalf of his or her particular party. This Easement may be executed in
counterparts, with originally executed counterpart signature pages and notary
acknowledgements being attached to a single form of this Easement for purposes of
recording, which document will constitute an original Easement, binding upon all parties.
IN WITNESS WHEREOF, the undersigned have executed this Easement as of
the date set forth above.
Owner:
THE JAIN FAMILY TRUST,
A family trust, dated September 9, 2010
By:
\/I(1-- ja;,1
MS. VIJAY JA N, Trustee
CITY:
CITY OF SAN JUAN CAPISTRANO
a California municipal cor.+ration
By: /
:e, -1i Si:•el
: City Manager
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF )
On C7--/S-7 T before me, 6,}
personally appeared V(/ \
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he )executed the
same in his/ erlauthorized capacity, and that by his/1- -_signature on the instrument the
person, 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.
K.E LOCK
w ;, COMM.#2116918
NOTARY PUBLIC•CALIFORNIA
WITNESS my hand and official seal. jt ORANGE COUNTY
Comm.Exp.JULY 20,2019
Signature C�(�C! �-=-�� -� � (Seal)
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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 September 18, 2017, before me, Maria Morris, City Clerk, personally appeared
Benjamin Siegel, City Manger, 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 u er the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
WI ES',!m hand and official seal.
a ;
( Itl
Mara Morri., City Cl k
OPTIONAL \_
Capacity Claimed by Signers Description of Attached Document
Title or Type of Document
City Manager
Driveway Access and Maintenance Easement for
Storm Drainage Purposes(30481 Marbella Vista)
Title
Signer is Representing
City of San Juan Capistrano
EXHIBIT "A"
DESCRIPTION OF THE PROPERTY AND DRIVEWAY EASEMENT
Legal Description of the Property:
Parcel 1 as shown on Exhibit "B" attached to Lot Line Adjustment 02-12954-18 recorded
September 30, 2005 as Instrument No. 05-776106 of Official Records of Orange
County, California.
Legal Description of the Driveway:
The westerly twenty feet (20') of Parcel 1 as shown on Exhibit "B" attached to Lot Line
Adjustment 02-12954-18 recorded September 30, 2005 as Instrument No. 05-776106 of
Official Records of Orange County, California.
Map of Property and Driveway:
[Behind this Page]
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EXHIBIT 44A, ,
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LEGEND
EXISTING LOTIJNE TO REMAIN
— — — EXISTING LOT LINE TO BE REVISED.
—.• — PROPOSED LOT LINE
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CITY OF SAN JUAN CAPISTRANO
CERTIFICATE OF ACCEPTANCE OF
DRIVEWAY ACCESS AND MAINTENANCE EASEMENT
[30481 Marbella Vista -APN Nos: 650-603-002 and 650-603-032]
This is to certify that the real property interest conveyed by THE JAIN FAMILY TRUST,
on the Driveway Access and Maintenance Easement dated S'IfJecµ6�-v ��j , 2017,
to the CITY QF SAN JUAN CAPISTRANO (Grantee), is hereby accepted by the
undersigned officer on behalf of the Grantee, pursuant to authority conferred by the San
Juan Capistrano City Council.
Dated: q' /7
CITY OF SAN JUAN CAPISTRANO,
a California municipal corpo
By: ,
Be in Siegel, City Manager
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