06-0919_WHISPERING HILL, LLC_Grant of Non-Eclusive Easement_2006000622801' RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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2006000622801 11:16am 09119106
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I This Space for Recorder's Use Only
Title of Document: Grant of Non -Exclusive Easement For Access and Public Utilities
EXCHANGE OF PROPERTY
FOR
PUBLIC BENEFIT
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: John Shaw, City Attorney
Transfer pursuant to R&T Code Section 11922
Exempt from recording fee pursuant to Government Code Section 27383
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
GRANT OF NON-EXCLUSIVE EASEMENT
FOR ACCESS AND PUBLIC UTILITIES
This Grant of Non -Exclusive Easement for Access and Public Utilities ("Grant")
is made by WHISPERING HILLS, LLC, a Delaware limited liability company
("Grantor"), to THE CITY OF SAN JUAN CAPISTRANO, a public body, corporate
and politic, of the State of California ("Grantee").
RECITALS
A. Grantor is the owner of that certain real property located in the
unincorporated territory of the County of Orange, State of California as more
particularly described on Exhibit "A" attached hereto and incorporated herein by this
reference and depicted on Exhibit "B" attached hereto and incorporated herein by
this reference (the "Real Property").
B. Grantee desires to acquire certain rights for a public road (the "Public
Road") to be located on the Real Property and Grantor desires to convey such rights
to Grantee in accordance with the terms and conditions contained herein.
OPERATIVE PROVISIONS
For good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Grantor hereby grants to Grantee a non-exclusive easement
in the Real Property (the "Easement") upon the following terms and conditions:
Location of the Easement. The Easement is located on the Real
Property.
2. Character of Easement. The Easement granted herein is a non-
exclusive easement in gross to be held and enjoyed by Grantee and it successors
and assigns in common with Grantor and its successors and assigns.
I\LDB\G00I9\015\DOCS\GRANT DEED WHISPERING HILLS TO SAN JUAN CAPISTRANO
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3. Description of Easement. The Easement granted herein is for the
purpose of: (a) public utilities, ingress, egress and access for pedestrians and road
vehicles of any and all types over any Public Road which may hereafter be
constructed on the Real Property; and (b) locating, constructing, maintaining,
inspecting and repairing a Public Road on the Real Property, together with the right
to grant or otherwise transfer any or all of these rights to any third party, including
but not limited to any public agency or public utility company.
4. Indemnification. By acceptance of this Grant, Grantee agrees to
and shall defend, indemnify and hold harmless Grantor and Grantor's respective
members, successors and assigns from and against all liability, loss, damage, costs
or expenses (including reasonable attorney fees and court costs) whatsoever
caused to any persons or to the property of any person which shall be directly or
indirectly caused by any negligent or wrongful errors or omissions of Grantee or its
agents, servants, employees or contractors with respect to the exercise of its rights
under this Grant.
5. Taxes. By acceptance of this Grant, Grantee agrees to and shall
pay as and when due all real property taxes assessed against the Real Property, if
any.
6. Maintenance of Easement Area. By acceptance of this Grant,
Grantee agrees to and shall'maintain, or cause to be maintained, and kept in good
condition and state of repair, the Public Road to be initially constructed on the Real
Property pursuant to the Conditions of Approval for Tract 16634.
[SIGNATURE ON FOLLOWING PAGE]
1\LDB\G0019\015\DOCS\GRANT DEED WHISPERING HILLS TO SAN JUAN CAPISTRANO
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IN WITNESS WHEREOF, the Grantor has caused this instrument to be
executed on and as of the 25th day of August, 2006.
WHISPERING HILLS, LLC
a Delaware limited liability company
By: Concorde Development, L.P.,
a California limited partnership
Its: Managing Member
By: Ferrari Investments,
a California corporation
Its: General Partner
By'
Dennis Gage
Its: President
K3
1\LD13\G00I9`015\DOCS\GRANT DEED WHISPERING HILLS TO SAN JUAN CAPISTRANO
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On 2006, before me, , a
Notary Public, ersonally appeared DENNIS GAGE, personaly known tome -OR -
proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand,615d official seal.
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1\LDB\G0019`015\DOCS\GRANT DEED WHISPERING HILLS TO SAN JUAN CAPISTRANO
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EXHIBIT `A'
STREET DEDICATION
THAT PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT LL 2003-004 IN THE
UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, RECORDED AS INSTRUMENT No. 2003-294469, OFFICIAL RECORDS
OF SAID COUNTY AS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT CORNER NO. 3 OF RANCHO MISSION VIEJO AS SHOWN A MAP
FILED IN BOOK 161, PAGES 42 THROUGH 47, INCLUSIVE, OF RECORD OF
SURVEYS OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID
RANCHO MISSION VIEJO, S19°17'33"E A DISTANCE OF 5291.35 FEET TO THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE
N33004'21"E A DISTANCE OF 18.34 FEET; THENCE N67°13'56"E A DISTANCE OF
16.52 FEET TO A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS
OF 502.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 26044'53", AN ARC LENGTH OF 234.36 FEET TO A REVERSE CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 598.00 FEET; THENCE EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10043'53", AN ARC
LENGTH OF 112.00 FEET; THENCE S68°38'11"E A DISTANCE OF 26.13 FEET TO
THE EASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID EASTERLY LINE
N22055'25"W A DISTANCE OF 142.73 FEET; THENCE LEAVING SAID EASTERLY
LINE S34057'55"W A DISTANCE OF 43.80 FEET TO A NON -TANGENT CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 508.00 FEET, A RADIAL LINE TO
SAID POINT BEARS S01°34'19"E; THENCE WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 05033'09", AN ARC LENGTH OF 49.23 FEET TO
A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 592.00 FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
26044'53", AN ARC LENGTH OF 276.37 FEET; THENCE S67013'56"W A DISTANCE
OF 25.61 FEET TO THE WESTERLY LINE OF SAID PARCEL 1; THENCE ALONG
SAID WESTERLY LINE, S19017'33"E A DISTANCE OF 100.48 FEET TO THE POINT
OF BEGINNING.
CONTAINING 36,309 SQUARE FEET MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
o� pyo any F�.
l� N0.7159 A
supervision of:
EXP 121 !07��(,,t"/ Exbires 12-31-07 �r., L.S. 7159
EXHIBIT 'B'
STREET DEDICATION
P.O.C. r-- - - -
COR. N0. 3, `
RANCHO MISSION R�
VIEJO, PER R.S.
161/42-47. I L4
L5
C3
I
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'.� SEE DETAIL
W u. AT RIGHT Cl C2 ZG
T.P.O.B. Lz
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T.P.O.a 19
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'-- - - - - -- - - - - - --
DETAIL
P Z �� \ SCALE: 1" = 200'
~ LINE DATA
cp
o' N0. BEARING _ _DISTANCE
Ll N33'04'21"E 18.34'
L2 N67'13'56"E 16.52'
N L3 N22'55'25"W 142.73'
L4 N34'57'55"E 43.80'
L5 N67'13'56"E 25.61'
O L6 N19'17'33"W 100.48'
L7 N68'38'11"W 26.13'
CURVE DATA
W E N0. RADIUS DELTA a276G3367""'
S.W. COR. \ Cl 502.00' 26'44'53"
s PCL 1 LL \ C2 598.00' 10'43'53"
2003-004 C3 508.00' 05'33'09"
SCALE: t" = 400'
C4 592.00' 26'44'53"
CITY OF SAN JUAN CAPISTRANO
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN JUAN CAPISTRANO )
This is to certify that the interest in real property conveyed by the Grant of Non -
Exclusive Easement for Access and Public Utilities:
granted by: Whispering Hills, LLC, ad Delaware limited liability company
across real property: APN 125-172-16
Dated: August 25, 2006
is hereby accepted by order of the City Council on September 5, 2006, per Resolution
No. 06-09-05-02 and the grantee consents to recordation thereof by its duly authorized
officer.
L
-et R. Monahan, City Clerk
San Juan Capistrano
September 7, 2006