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20-1117_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Grant Deed (Public Trail Easement)Batch 8232720 Confirmation i_ - 3 RECORDING REQUESTED BY City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED MAIL TO: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov. Code 27.383 City of San Juan Capistrano APN: 675-421-18 https://gs.secure-recording.com/Batch/Confirtnation/8232720 Recorded in Oficial Records, Orange County Hugh Nguyen,Clerk-Recorder I111111111111111111111111J111IJill Jill JJJIJJfllllllII III II1111111 NO FEE . s R o 0 1 2 2 s c 1 v< s. 2020000666433 4:12 prn 11117/20 65 Sec4A G02 A04 9 0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE Duaummtary T=,C r Tax NO TAC DUE, RECORDING REQUESTED PER GOVERNMENT CODE SECTION 27383 GRANT DEED — PUBLIC TRAIL EASEMENT I. Grant of Public Trail Easement. FOR A VALUA13LF CONSIDERATION, receipt of which is hereby acknowledged, Pacific Point Development Partners LLC, a Delaware limited liability company ("Grantor"), hereby grants to City of San Juan Capistrano, a California municipal corporation ("Grantee"), over, under, and across a portion of drat real property situated in the City of San Juan Capistrano, County of Orange, State of California more particularly described as Lot H of Tract 16750, as per snap recorded on July 14, 2006 as Instrument No. 2006000470733 in Book 883, Pages 1 through 10, inclusive, of Miscellaneous Maps of the County of Orange, County Clerk -Recorder's Office ("Lot H"), a perpetual non-exclusive 10-1oot wide recreational publicaccess easement (the "Public Trail Easemcnt") for equestrian, pedestrian, and off-road bicycle access for the general public over a recreational trail (the "Public Trail") to be constructed by Grantor at its cost according to the provisions of that certain Revised Special 4(D) Rule Interim Ilabitat Loss Mitigation Plan (On- site) for Tentative Tract Map 14196; the public -access easement includes the right to install, repair, maintain, and replace associated facilities, which associated facilities include, by way of example and not limitation, (i) benches, trash receptacles, and lighting, (ii) fences and retaining I of 2 11/17/2020,4:24 PM Batch 8232720 Confirmation i_ i https://gs.secure-recording.com/f3atch/Confiirmation/8232720 and other walls, (iii) surface and underground drainage and utility facilities, and (iv) directional, educational, and interpretive signage; and the public -access easement is in the location generally depicted on Schedule "1" attached hereto (the "Public Trail Easement Area'). In the event of a conflict between the as -built location of the Public Trail, as approved by Grantee, and Schedule "1", the as -built conditions control. Grantee is not required to accept the Public Trail Easement until the Public Trail improvements are completed by Grantor to the reasonable satisfaction of Grantee. 2. Maintenance: Controlling Documents. Reference is hereby made to that certain Conservation Easement (the "Conservation Easement") and that certain Grant Deed — Open Space Easement (the "Open Space Easement"), both of which are recorded against Lot H concurrently with this Grant Deed — Public Trail Easement. Lot H, including the Public Trail, .shall be maintained in accordance with the provisions of the Conservation Easement, and in the event of a conflict between the provisions of the Conservation Easement and the provisions of this Grant Deed — Public Trail Easement (the "Public Trail Easement Deed % the provisions of the Conservation Easement control. In the event of a conflict between the provisions of the Open Space Easement and this Public Trail Easement Deed, the provisions of this Public Trail Easement Deed control. 3. Liability. Grantor and Grantee are entitled to all immunities, limitations on liability, and rights of recovery that are available under applicable law to public and private entities (including, but not limited to California Civil Code Sections 846 and 846.1, California Public Resources Code Section 5075.4, California Government Code Section 831.4 and other provisions of California's Torts Claim Act) with respect to recreational trails and the public's use of such trails and the private or public property adjacent to them. Notwithstanding the foregoing, Grantee agrees to save, defend, and hold Grantor harmless from any claim or liability arising out of the public's use of the Public Trail, except for injuries caused by the willful or malicious conduct of Grantor or Grantor's agents and independent contractors. Nothing in this Section 3 is intended to modify or otherwise alter the application of relevant governmental or private landowner immunities. 4. Successors in Interest. This Public Trail Easement Deed benefits and binds Grantor's heirs, successors, administrator, executors, and assignees. 5. Notices. Any notice or other communication made according to this Public Trail Easement Deed must be in writing and delivered personally or mailed by certified mail to the parties addressed as follows: To Grantor: To Grantee: Pacific Point Development Partners LLC City of San Juan Capistrano c/o Taylor Morrison Attn: City Clerk Attn: President, Southern California Division 32400 Paseo Adelanto 100 Spectrum Center Drive, Suite 1450 San Juan Capistrano, CA 92675 Irvine, CA 92618 2 of 2 11/17/2020,4:24 PM 6. Entire Agreement. This agreement contains the entire agreement between the parties. Any oral representations or modifications concerning this agreement are of no force or effect except for a subsequent modification in writing, signed by the parties. 7. Counterparts. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [Signature Page Follows] IN WITNESS WHEREOF, the parties hereof have executed this agreement as of the dates set forth with their respective signatures below. "GRANTOR" PACIFIC POINT DEVELOPMENT PARTNERS LLC, a Delaware limited liability company By: Taylor Morrison Pacific Point Holdings, LLC Its: Managing Member W-0/1 • . 1 - Its: Vice President Date: 5 e d �w ted. r \SZo Lo CITY OF SAN JUAN CAPISTRANO, a California municipal c o ttion By: Q1 Date: Attest APPROVED AS TO FORM QZy C' Atfbriiey �--� Te -FF 3ul�,n Signature Page ALL-PURPOSE ACKNOWLEDGMENT 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 ORANGE ) On September 16, 2020 before me, Faith M. Domotor, Notary Public, Date Insert Name and Tine of officer personally appeared Jon W. Robertson , who proved Name(s) of Signer(s) to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/heMheiF authorized capacity(ies), and that by his/hef4heisignature(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. (Signature of Notary Public) ..:. funi M, ooMoroa Notary Publk • California Orange County Commission g 2327202 My Comm. Expires May 29, 2024 Place Notary Seal Above CITY OF SAN JUAN CAPISTRANO CERTIFICATE OF ACCEPTANCE OF GRANT DEED — PUBLIC TRAIL EASEMENT [APN: 675-421-18 This Certificate of Acceptance pertains to the interests in real property conveyed by the Grant Deed — Public Trail Easement, to which this Certificate of Acceptance is attached, From: Pacific Point Development Partners LLC ("Grantor") To: CITY OF SAN JUAN CAPISTRANO, a California municipal corporation ("Grantee") Said Grant Deed is hereby accepted by the undersigned office on behalf of Grantee pursuant to authority conferred by the Grantee's governing body, and Grantee hereby consents to recordation of such Grant. Dated: 1 CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By: B i&AS gel, Pity 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 November 3. 2020, before me, Manny Ruelas. Deputy City Clerk, personally appeared Benjamin Siegel, City Manneer, Jeffrey Ballineer, City Attorney and Maria Morris, City Clerk, 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 City Attorney City Clerk Title Signer is Representing City of San Juan Capistrano WITNESS my hand and official seal. Manny Ruelas, Deputy City Clerk 11T'd-tC17L/:T! Description of Attached Document Title or Type of Document Grant Deed Public Trail Easement Pacific Point Development Partners APN 675-421-18 I a[npagaS sa.V;uouiaseg I?Ei.L o?l4nd «I» olnPauoS !i., a 'x'ti?._'� �.,!'�A's• u$r aw 1 A 14'y'r4 .. `,��+yy Ij h "•�;5, Tei 9 y PASFO ARMOMA -V 9 E