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21-0406_ARROYO CAP II-1, LLC_Easement DeedRECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED MAIL TO: Maria Morris, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Ca Gov. Code 27383 City of San Juan Capistrano This Space for Recorder's Use Only PROJECT NAME: Documentary Transfer Tax: No Tax Due This is a conveyance of an easement, and the consideration and value is less than $100 (R&T Code -11911) Maria Morris, City Clerk EASEMENT DEED INGRESS AND EGRESS FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ARROYO CAP II -1, LLC, a Delaware limited liability company ("GRANTOR"), grants to the CITY OF SAN JUAN CAPISTRANO, A CALIFORNIA MUNICIPAL CORPORATION, its successors or assigns ("GRANTEE"), a perpetual non-exclusive easement and right- of-way for ingress and egress purposes in, over, under, upon, through and across that portion of real property, in the City of San Juan Capistrano, County of Orange, State of California, as described in EXHIBIT "1" and shown in EXHIBIT "2", attached hereto and by this reference, made a part hereof, and which is a portion of APN 666-131-08 ("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. The rights acquired herein shall be subject to the right Grantor, its successors and assigns, to reasonably use the surface of the Easement Area for such purposes that do not unreasonably burden the rights herein granted over the Easement Area. Date: April _, 2021 GRANTOR ARROYO CAP II -1, LLC, a Delaware limited liability company By: Arroyo Capital II, LLC, a Delaware limited liability company, its sole member By: Name: Leigh Austin Title: Executive Vice President -2- 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 LOS ANGELES On April _, 2021 before me, , Notary Public, personally appeared Leigh Austin, 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. Notary Public WITNESS my hand and official seal. -3- EXHIBIT "'I" LEGAL DESCRIPTION [see attached] LEGAL DESCRIPTION GRANT DEED THAT REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 31 OF TRACT NO. 103, AS SHOWN ON MAP RECORDED IN BOOK 11, PAGES 29 TO 33 INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT, THENCE NORTH 88°17'41" WEST, ALONG THE NORTHERLY LINE OF SAID LOT, A DISTANCE OF 129.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 88017'41" WEST, A DISTANCE OF 124.17 FEET TO THE WESTERLY LINE OF THAT QUITCLAIM DEED TO THE CITY OF SAN JUAN CAPISTRANO, PER DOCUMENT NO. 2002001029021, RECORDED NOVEMBER 15, 2002; THENCE SOUTH 01°42'19" WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 115.99 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 48°39'23" EAST, A DISTANCE OF 77.02 FEET; THENCE NORTH 41020'37" WEST, A DISTANCE OF 15.50 FEET, TO THE BEGINNING OF A 2.50 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00", A DISTANCE OF 3.93 FEET; THENCE NORTH 48°39'23" EAST, A DISTANCE OF 64.59 FEET TO THE BEGINNING OF A 2.50 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00", A DISTANCE OF 3.93 FEET; THENCE SOUTH 41°20'37" EAST, A DISTANCE OF 15.50 FEET; THENCE NORTH 48°39'23" WEST 23.31 FEET TO THE NORTHERLY LINE OF SAID LOT 31 AND THE TRUE POINT OF BEGINNING. CONTAINING 5951.52 SQUARE FEET / 0.14 ACRES ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT-OF- WAY AND EASEMENTS OF RECORD, IF ANY. Page 1 of 2 THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. 06-07-2020 DALE KEITH BREWER, LS 5653 Lu.Ik_ EXPIRES 09/30/21 JN 19-24 Page 2 of 2 EXHIBIT "2" PLAT & LOCATION MAP GRANT DEED N'LY LINE LOT 31 MOST I C L07 3l TRUE POINT OF N 887741' W 254.00' BEGINNING 124.17 129.8) d=9017000' 13 'J 46 ;792J' £ 5 q 2J:37' POINT OF f?=2.50' BEGINNING L=393' 6 is i ^f y .yJo• $ g A 913 i x 695 QUITCLAIM DEED TO CITY OF SAN ,l1JAN CAPISTRANO PER DOC. N0, 2002001029021 N REC. 11/15/02 ,q? N 8877'41' W--e�--j 21.58' POR. LOT 31 TRACT N0. 103 SE'LY UNE LOT 31 (� AREA: 5951.52 SQUARE FEET 0.137 ACRES \ X ENGINEERING 8 CONSULTING, INC. 0 Hutton Centra Drive. Suite 050 Santa Ana, Califomta 92707 949.522.7100 1 xengineeringinc.com SHEET 1 OF 1 NO. 5653 06-08-7020 DALE KEITH BREWER, LS DATE JN 19-24 .msn�w�lm�w mm.c.wwma M3WIWMV aNil1013Lf11113 w y,,� sNou�nn3eeevvaNaosi CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that certain EASEMENT DEED attached hereto from ARROYO CAP II -1, LLC, a Delaware limited liability company, 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 May 5, 2009, and the Grantee consents to recordation thereof by its duly authorized officer. Dated:L2TGRANTEE City of San Juan Capistrano C enj ieg , City Manager 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 Anril 6. 2021, before me, Christy Jakl, Assistant 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. (SEAL) Capacity Claimed by Signers City Manager Title Signer is Representing City of San Juan Capistrano WITNESS my hand and official seal. a Christy OPTIONAL Description of Attached Document Title or Type of Document Easement Deed Ingress and Egress Arroyo Cap II - I LLC