20-1203_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Grant Deed (Open Space Easement)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 27383
City of San Juan Capistrano
APN: 675-421-18
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
1� 1111111111111111 111 111111 1II NO FEE
*$ R 0 0 1 2 3 0 6 7 1 6$*
2020000708868 2:04 pm 12103120
65 RW10A G02 A04 6
0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Documentary Transfer Tax
NO TAX DUE; RECORDING REQUESTED PER
GOVERNMENT CODE SECTION 27383
GRANT DEED — OPEN SPACE EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Pacific Point Development Partners LLC, a Delaware limited liability company ("Grantor"),
grants to City of San Juan Capistrano, a California municipal corporation ("Grantee"), over,
under, and across all that 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 map 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 open -space easement for purposes of preserving and maintaining the
natural character of Lot H, and Grantor relinquishes all rights to construct or permit the
construction of improvements and all rights to development (as defined by California Public
Resources Code Section 30106, which is incorporated herein by reference) within Lot H without
the approval of Grantee. Notwithstanding the foregoing, Grantor expressly reserves the right to
do the following on Lot H, to the extent consistent with the purposes of preserving and
maintaining the natural character of Lot H and subject to applicable governmental regulatory
requirements, including the Revised Special 4(d) Rule Interim Habitat Loss Mitigation Plan (On-
site) for Tentative Tract 14196:
a) the removal of hazardous substances or conditions or diseased plants or trees;
b) the removal of non-native vegetation;
C) the planting of native vegetation, including a temporary irrigation system therefor;
d) the installation, repair, maintenance, and replacement of (i) a trail and associated
facilities (including, by way of example and not limitation, benches, trash
receptacles, or lighting), (ii) fences and retaining and other walls, (iii) surface and
underground drainage and utility facilities, and (iv) directional, educational, and
interpretive signage, all as heretofore or hereafter approved by Grantee;
e) use of and activities on Lot H as permitted by the terms of the Conservation
Easement recorded concurrently herewith against Lot H (the "Conservation
Easement"); and
f) use of and activities on Lot H as permitted by the terms of the Grant Deed —
Public Trail Easement recorded concurrently herewith against Lot H (the "Public
Trail Easement").
In the event of a conflict between any of the provisions of the Conservation Easement
and the provisions this Grant Deed — Open Space Easement, the provisions of the Conservation
Easement control. Likewise, in the event of a conflict between any of the provisions of the
Public Trail Easement and the provisions this Grant Deed — Open Space Easement, the
provisions of the Public Trail Easement control.
In clarification of the foregoing provisions of this Grant Deed — Open Space Easement,
nothing herein prohibits the construction of either public-service facilities installed for the
benefit of Lot H or public-service facilities installed with the authorization of the City and such
other applicable public agencies with jurisdiction over Lot H (including without limitation the
California Public Utilities Commission).
Any notice or other communications made according to this Grant Deed — Open Space
Easement 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
[Signature Page Follows]
2
IN WITNESS WHEREOF, Grantor has executed this Grant Deed on the day and year
hereafter written.
Dated:S �-�p t �-- b \S- I-vLa "GRANTOR"
Pacific Point Development Partners LLC,
a Delaware limited liability company
By: Taylor Morrison Pacific Point
Holdings, LLC
Its: Managing Member
By:
Print IVa . Jon Robertson
Print Title: Vice President
Dated:"GRANTEE"
CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation
By:
Nat
Attest
APPROVED AS TO FORM
City Attorney
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 Title 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/shy executed
the same in his/herA� authorized capacity(ies), and that by his/heMheir- 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.
(Signature of Notary ubIic)
90MYFAITH M. l7OMOTOR
Notary Public. California
Orange County
Commission # 2327Comm. Expires May 29:,2J024
Place Notary Seal Above
CITY OF SAN JUAN CAPISTRANO
CERTIFICATE OF ACCEPTANCE OF GRANT DEED - OPEN SPACE EASEMENT
[APN: 675-421-18
This Certificate of Acceptance pertains to the interests in real property conveyed by the
Grant Deed — Open Space 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 ation of such Grant.
Dated: �`i CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation
By:
��n �e , Ci 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 1181)
On November 24, 2020, before me, Christv Jakl, Assistant City Clerk, personally appeared
Ben aamin 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.
0 ?�
j Jakl,
OPTIONAL
City Clerk
Description of Attached Document
Title or Type of Document
Grant Deed — Open Space Easement
Pacific Point Development Partners LLC