17-1024_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Easement Deed - Lot 2 RECORDING REQUESTED BY: _
Recorded in Official Records, Orange County
City of San Juan Capistrano Hugh Nguyen, Clerk-Recorder
32400 Paseo AdelantoIII,
San Juan Capistrano, CA 92675 IIID 'll IIIIIIIIIIIII I II I Illi 11 I111111 . II II NO FEE
* $ R 0 0 0 9 6 5 1 9 7 4 $ *
AND WHEN RECORDED MAIL TO: 2017000450826 11:08 am 10124117
143 413 E01 8
Maria Morris, City Clerk 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Cal. Gov't Code Sec. 6103 & 27383
City of San Juan Capistrano
1 his ,pace for Recorders Use 0
PROJECT NAME: PACIFICA SAN JUAN DOCU -ANSFER TAX $NO TAX DUE
Cal.Re en - : . :tion Code Section 11922
Recor'irjg - -•ted Per`Cal.Gov't Code Sectionri'Q3 21653
A
Ma is • � i, Clerk
EASEMENT DEED - LOT 2
PUBLIC SEWER FACILITIES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PACIFIC POINT DEVELOPMENT PARTNERS LLC, a Delaware limited liability company
("Grantor") does hereby grant to CITY OF SAN JUAN CAPISTRANO, a California municipal
corporation ("Grantee"), a perpetual non-exclusive easement, access and right-of-way in, over,
under, upon, along, through and across real property in the City of San Juan Capistrano, County
of Orange, State of California, described on Exhibit "A" and shown on Exhibit "B" attached
hereto and incorporated herein by reference, and which is a portion of Lot 2 of Tract 16747 filed
in Book 885, Pages 10 through 18, inclusive, of Miscellaneous Maps, in the Office of the County
Recorder of Orange County, California (the "Easement Area").
Such easement and right-of-way shall be for the construction, operation, repair,
replacement and relocation (collectively, "Operation and Maintenance") within the Easement
Area of public sewer facilities (collectively, "City Facilities") that are above or below ground
within the Easement Area. Such easement and right-of-way can be used for the City Facilities
for Operation and Maintenance including, without limitation, the right to enter upon, pass, re-
pass along said land; to lay, construct, reconstruct, remove, replace, renew, inspect, maintain,
repair, improve, relocate, fill or re-grade, and otherwise use City Facilities; for ingress and
egress to City Facilities; to deposit tools, implements and other materials during said work,
together with such connections, structures and facilities incidental thereto.
Grantor also grants Grantee perpetual non-exclusive access over the Easement Area for
the purposes of Grantee exercising its rights over the Easement Area. Grantee shall have the
right to use gates in all of the Grantor's fences which presently or hereafter cross the Easement
Area, and to remove, trim, cut and clear away any trees, brush or other landscaping whenever,
in Grantee's reasonable judgment, the same shall be necessary for the convenient and safe
exercise of the rights granted hereby. Grantee shall have the right to install a gate in existing
fences, or install a fence as needed on the borders of the Easement Area.
The rights acquired herein shall be subject to the right of the fee owner, its successors
and assigns, to reasonably use the surface of the Easement Area for such purposes which do
not unreasonably burden the rights herein granted over the Easement Area, and provided
further that Grantor, its successors and assigns shall not, without the prior approval of the City
of San Juan Capistrano:
1. Construct or place any improvement or structure including, but not limited to,
repaving and slurry seal, within the Easement Area.
2. Place any pavement or hard surface other than a standard City asphalt roadway.
3. The homeowners association for The Cove residential development is
responsible for the cost of replacement and restoration of any landscaping and
its associated irrigation system, enhanced paving and/or stamped concrete
removed by the City for the purpose of maintaining, replacing, repairing, or
otherwise conducting work on underground and aboveground public water and
sewer facilities within The Cove residential development.
4. Place upon or remove from the Easement Area any earth or material.
5. Place any fence or other construction blocking access to the Easement Area.
Dated: id41 r7
Pacific Point Development Partners LLC,
a Delaware limited liability company
By: " Taylor Morrison Pacific Point Holdings, LLC,
a Delaware limited habil. ompany,
Its ma ing member
By. kle
Its:
[ACKNOWLEDGEMENT ATTACHED]
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 )
ss.
COUNTY OF army )
l ,
On VUR 1._. X , 201 1, before e,
Notary Public, personally appeared arec, , 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. W. LEWIS
Commission #2088325
Zt -"�o. Notary Public-California z
lktAz tel';r Orange County a
My Comm. Expires Qct 31,201E
CERTIFICATE OF ACCEPTANCE OF DEED
his certifies that the interest in real property conveyed by the Easement Deed dated
, 2017, from Pacific Point Development Partners LLC, a Delaware limited liability
comp nv, to the City of San Juan Capistrano, a governmental agency, is hereby accepted by
the undersigned officer on behalf of the City of San Juan Capistrano pursuant to authority
conferred by Resolution No. 09-05-05-01 of the City of San Juan Capistrano adopted on May 5,
2009, and the Grantee consents to recordation thereof by its duly authorized officer.
Dated: O 4 1L , 2017 1
aurin eg I, City Manager
(ACKNOWLEDGEMENT ATTACHED]
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 October 12, 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 under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
WITN S y .nd and official seal.
M. 'a s, 'ty Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Title or Type of Document
City Manager
Pacific Point Development Partners LLC
Easement Deed—Lot 2
Title Public Sewer Facilities
Signer is Representing
City of San Juan Capistrano
J
**[Attach Exhibits Referenced]**
•
. EXHIBIT A SHEET 1 OF 1
LEGAL DESCRIPTION
PUBLIC SEWER EASEMENT
A 20.00-FOOT WIDE STRIP OF LAND IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY
OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 2 PER TRACT NO. 16747
FILED IN BOOK 885, PAGES 10 THROUGH 18, INCLUSIVE, OF MISCELLANEOUS MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINE OF WHICH
IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 2;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2, SOUTH 86°00'35" EAST, A
DISTANCE OF 171.92 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 03°10'17" EAST, A DISTANCE OF 49.66
FEET;
THENCE NORTH 86°02'40" WEST, A DISTANCE OF 108.57 FEET;
THENCE NORTH 39°12'48" WEST, A DISTANCE OF 6.74 FEET TO A POINT ON THE
SOUTHEASTERLY RIGHT-OF-WAY LINE OF AVENIDA CALIFORNIA AS SHOWN ON SAID
TRACT NO. 16747.
THE SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND SHALL TERMINATE
NORTHWESTERLY IN SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF AVENIDA CALIFORNIA
AND SOUTHERLY IN SAID SOUTHERLY LINE OF LOT 2.
CONTAINING 3,299 SQUARE FEET, MORE OR LESS.
MORE PARTICULARLY SHOWN ON EXHIBIT "B"ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS,
RIGHTS-OF-WAY AND EASEMENTS, IF ANY.
LAND
<4. N.-o `• RFyoGcr,
et
0 0 0
o_ No. 7725
. LIz6(1 sl
EDWARD L. REYNOLDS L.S. 7725 DATE glf OF CAk-\C���
EXPIRATION DATE: 12/31/17
1 1
SCALE: 1" = 40' EXHIBIT B SHEET 1 OF 1
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
FOR A PUBLIC SEWER EASEMENT
ILOoT 2
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------------------
P.O.Ci. N86'00'35"W 171.92'---------- ------------
LOT 1 T.P.O.B.
NM o65 / 110 o
LINE TABLE
LINE BEARING LENGTH
L1 NO3'10'17"E 49.66'
L2 N86'02'40"W 108.57'
L3 N39'12'48"W 6.74'
C&V CONSULTING, INC.
CIVIL ENGINEERING
LAND PLANNING AND SURVEYING
6 ORCHARD T.949916.3800
LAKE FOREST,CA 92630 F.9163806
CVC-NINE'