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
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Batch 8232720 Confirmation
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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
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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 �--�
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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
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