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19970482786RECORDING REQUESTED BY M( 7AMERICAN TITLE INSURANCE COkPVf Ri AND WHEN RECORDED, MAIL TO: (Maintenance Easement - Area F-1) (Open Space) (Phase II) Estates at San Juan Capistrano, L.P c/o Mr. Jay Deckard Toll CA GP Corp. (� � 2100 Orangewood Avenue U nn `' T L5{ 7 79 Suite 180 Orange, CA 92668 OCT 0 9 1991 THE UNDERSIGNED DECLARES: THIS ORIGINAL DOCUMENT WAS pSCANNED ,.. �S rT^-nPi I(` 1(I Y ��CORDEfl UN SEP 3 0 9 Document No, First American Title insurance Ca, DOCUMENTARY TRANSFER TAX $ CONSIDERATION LESS THAN $100.00 %% COMPUTED ON THE CONSIDOTVVEYED; OR COMPUTED ON THE CONSIDERATION OR VALUE LESS LIENS OR ENCUMBRANCES OF SALE 137zk EL-- ---------------- (Space +✓---------------- (Space Above For Recorder's Use) GRANT OF MAINTENANCE EASEMENT - AREA F-1 REAMAINING AT TIME THIS GRANT OF MAINTENANCE EASEMENT :k AREA F-]� ("Grant") is dated for reference purposes as of the' day of 1996 and is entered into by and between the City of San Juan Capistrano ("Grantor") and Estates at San Juan Capistrano Homeowners Association, a California not for profit corporation (the "Association"). RECITALS A. Estates at San Juan Capistrano, L.P., a California limited partnership ("Developer") is the owner of that certain real property (the "Property") located in the City of San Juan Capistrano (the "City"), Orange County (the "County"), State of California (the "State"), more particularly described on Exhibit "A" attached hereto, which, together with the improvements to be constructed thereon, comprises a real estate development project (the "Project"). B. Area F-1 is located on property owned by the City. A legal description of Area F-1 is attached hereto as Exhibit "B". Area F-1 is adjacent to Lot F of Tract 13726 in the City of San Juan DRE\CapMaiEa.AF1 070996 Capistrano, County of Orange, California, as per map recorded April 8, 1996 in Book 734, Pages 5 through 12, inclusive, of Tract Maps in the Office of the Recorder of Orange County. Even though Area F-1 is property owned by the City, the City desires that the Association maintain Area F-1 pursuant to the terms set forth herein and the Association is willing to maintain such area. For that reason, the City is granting to the Association the easement described herein. Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree and grant as follows: 1. Grant of Maintenance Easement. Grantor hereby grants to the Association and to its successors, assigns, invitees, permittees, employees and agents (all such persons are referred to herein collectively as the "Association") a non-exclusive easement for ingress, egress, use and enjoyment over Area F-1 for the purpose of maintaining Area F-1. 2. Reservation of Title and Control for Grantor. Grantor shall retain the fee interest in and to Area F-1. 3. Maintenance Obligation. The Association agrees to maintain Area F-1 at its sole cost and expense in accordance with the maintenance obligations set forth in the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Estates at San Juan Capistrano recorded the 19th day of July, 1996 as Instrument No. 19960367581 in the Official Records of Orange County, California (the "Project Declaration"). 4. Effective Date and Term of Easement. This Grant shall be deposited with a neutral escrow depositary with irrevocable instructions directing the escrow depositary to record this Grant prior to the sale of the first Lot in Phase II of the Project to an Owner. This Maintenance Easement shall become effective as of the recordation of this Grant in the Official Records of Orange County. This Maintenance Easement shall expire, lapse and be of no further force or effect in the event the City conveys fee title to Area F-1 to the Association; otherwise, it shall terminate after a period of sixty (60) years from the date of recordation and shall also be automatically renewed without the requirement of action on the part of any person immediately following such termination for an unlimited number of additional periods of twenty (20) years each. DRE\CapMaiEa.AF1 070996 E 5. Dominant and Servient Tenements. Area F-1 is the servient tenement of this Grant. All the residential lots in the Project constitute the dominant tenement of this Grant. The rights and duties of the parties created by this Grant shall run with the land and shall be binding upon the servient tenement and shall inure to the benefit of the dominant tenement and the successors and assigns of the parties thereto. 6. Governing Law. This Grant is made and delivered within the State of California and shall be construed and enforced in accordance with the laws of the State of California. 7. Incorporation of Exhibits. All exhibits attached hereto are hereby made a part hereof and are incorporated into this Grant. S. Attorneys' Fees. In the event any party commences litigation or incurs attorneys fees for or in connection with the interpretation or enforcement hereof, the prevailing party shall be entitled to an amount equal to reasonable attorneys' fees, court and other costs incurred. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. Dated: City of San Juan Capistrano, a municipal corporation By; Its: Wyatt Hart, Mayor ATTEST: City Clerk This Grant is accepted subject to its subsequent recordation in the official Records of the County. Dated: - DRE\CapMaiEa.AF1 070996 Estates at San Juan Capistrano Homeowners Association, a California not for p ofit corporatio By: r ts: Presi ent By: c C Its4SC y EXHIBIT "A" Description of Property Residential Lots 1 through 63, inclusive, and Common Area Lots A through Q of Tract 13726. The final tract map for Tract 13726 was filed April 8, 1996 in Book 734, Pages 5 through 12, inclusive, of Tract Maps in the Office of the Recorder of Orange County, California. All the property described above is located in the City of San Juan Capistrano, Orange County, California. DRE\CapMaiEa.AF1 070996 EXHIBIT "B" LEGAL DESCRIPTION FOR "F-1" That portion of Section 8, Township 8 South, Range 7 West of the San Bernardino Meridian, in the City of San Juan Capistrano, County of Orange, State of California, according to the Official Plat of said land filed in the District Land Office, April 12, 1875, described as follows: Beginning at a point distant South 49120'21" West 15.00 feet from the most Easterly corner of Lot 46 of Tract No. 13726 as shown on a map filed in Book 734, Pages 5 through 12, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County; thence leaving the boundary of said Tract, South 00020'21" West 390.00 feet; thence South 51020'21" West 109.00 feet; thence North 79139'39" West 113.00 feet; thence South 23°39'39" East 60.00 feet; thence South 09°39'39" East 201.00 feet; thence South 64°20'21" West 68.00 feet; thence South 2839'39" East 137.00 feet; thence South 08039'39" East 92.00 feet; thence South 8639'39" East 32.00 feet; thence South 32°39'39" East 24.00 feet; thence South 57120'21" West 84.00 feet; thence South 82°20'21" West 42.34 feet to a point on the boundary of said Tract No. 13726 said point being North 16149'09" West 145.12 feet from the Southeasterly corner of Lot G of said Tract; thence along said boundary, through the following two courses: North 16049'09" West 697.58 feet and North 49°20'21" East 516.94 feet to the Point of Beginning. Said land is more particularly shown on Exhibit attached hereto and by this reference made a part hereof nlz . .i") a,,,,,,..ti-.- Tom R. McGannon, RCE 23956 Registration Expires 12/31/97 No.23956 z Exp. 12/31/97 cra1F�``/ Revised: July 26, 1996 July 22, 1996 Pagel of 2 W.O. 1443-13726-X H&A Legal No. 4091 Prepared By: B. Foss Ck'd by: H. Foss/sa EXHIBIT "B" Sketch to Accompany Legal Description For "F-1" No ~ 4 15.0 P.O.B. y ... CWD R= CT /Y00S/ESM T ...... S51020'21 "W --- 109.00' N79039'39"W 10 -S23 039'39"E 0 / ;' No 60.00' w cO- ri CP 0 w, S64°20'21"W 68.00' S28039'39"E 137.00' S08 39 39 E co __92.00' > N S86039'39"E b o z _ S32039'39"E y -- --,-24.00' _ S57020'21"W J9 -N\ / -_-___- 84.00' S82'20'21 "W .. _=-42.34' N. INDICATES EASEMENT AREA ©Hvine, Inc. &Associates EASEMENT Irvine, I i Three Hughes, Irvine, CA 92778 • (714) 583-1010 Planning • Engineering • Surveying CITY OF SAN JUAN CAPISTRANO. COUNTY OF ORANGE, STATE OF CALIFORNIA DA� 7-22-96 oATe 7-26-96 er° B. Foss Br° H. Foss SCALE: 1"=150' W.O. 1443-13726-X K: \DT\1443\13726\CALL\LD\4091\EXHIBITB.DWC H` 1443-13726 1 H&A LEGAL No. 4091 SHEET 2 OF 2 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oy!o e SS. ' I' a�before me, %0 i ) T Personally appeared %4U Z/ �!G� �� `• ' SIONER(S— ) ' personally known to me - OR- proved to me on the basis of satisfactory f • evidence to be the person(s) whose name(s) • ' is/are subscribed to the within instrument and ' • acknowledged to me that heAhe/they executed • ' the same in hisfher/their authorized ' capacity(ies), and that by­htssi er/their • ' signature(s) on the instrument the person(s), ' • r ° ° ' 1ANICE GILDEN•REHAK t or the entity upon behalf of which the I ' 2 > Comm. # 1063519 person(s) acted, executed the instrument. "' NOTARY PUBLIC- CALIFORNIA • �' Onnp Cowry 7% • My Comm. Expires A,ry 2.1999 ' • WITNESS my hand and official seal. • 'C •=—„-k' ''_omm.n#v,10n635[19 � �����t'�GG d���/�i� � ' � � • r.0 ;,^,Y PUBLIC - CAL6'ORt7A T �/% �d J/ ' 1 ''ra9 Cowry i,l (� • a on ey^^" Jl.ly 2' 19i�_ _ Y NOTARY'S SIGNATURE ! OP'TIONAL INFORMATION • OThe information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • ' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ' i• ❑ INDIVIDUAL ' ❑ CORPORATE OFFICER 'TRLE(S) TITLE OR TYPE OF DOCUMENT ' I❑ PARTNER(S) f ❑ ATTORNEY-IN-FACT • ' ❑ TRUSTEE(S) NUMBER OF PAGES ' ❑ GUARDIAN/CONSERVATOR • ' ❑ OTHER: ` DATE OF DOCUMENT ! SIGNER IS REPRESENTING: • NAME OF PERSON(S) OR EN TfY(IES) ' • OTHER • APA 1/94 VALLEY -SIERRA, 800-362-3369 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) OnSgp2t tuber 17. 1996 before me, Cheryl Johnson City Clerk, personally appeared - - Wyatt Hart - - - personally known to me 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. (SEAL) WITNESS my hand and official seal. Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano OPTIONAL Description of Attached Document Maintenance Easement - Area F-1 Title or Type of Document Number of Pages September 17" 1996 Date of Document James Boyd & Karyn Knight Signer(s) Other Than Named Above iE{xfRDING REQUESTED BY PI�"I`AMEMCAN TITLE tN5URANCE COMPAN I (Maintenance AND WHEN RECORDED, MAIL TO: Estates at San Juan Capistrano, L.P c/o Mr. Jay Deckard Toll CA GP Corp. 2100 Orangewood Avenue5� 5�;�j hr, Suite 180 !01 .7 L, r' C' Z.=' i Orange, CA 92668 0 DECLARES: Easement - Area L-1) (Open Space) (Phase II) THIS ORIGINAL DOCUMENT WAS SCANNED " rPTPI TAILY RECORDED ON SES 3 0 1997 Document No.Z&� First American Ttle Insurance Co. DOCUMENTARY TRANSFER TA%$ CONSIDERATION LESS THAN $100.00 %%COMPUTED ON THE CONSIDERATION OR VALDE OF PROPERTY CONVEYED: OR _COMPUTED ON THE CONSIDERATION OR VALUE LESS LIENS OR ENCUMBRANCES REMAINING AT TIME OF SALE (Space Above For Recorder's Use) GRANT OF MAINTENANCE EASEMENT - AREA L-1 THIS GRANT OF MAINTENANCE EASEMENT -,AREA L-1 ("Grant") is dated for reference purposes as of the & aay of Vc6,bo— , 1996 and is entered into by and between the City of San Juan Capistrano ("Grantor") and Estates at San Juan Capistrano Homeowners Association, a California not for profit corporation (the "Association"). RECITALS A. Estates at San Juan Capistrano, L.P., a California limited partnership ("Developer") is the owner of that certain real property (the "Property") located in the City of San Juan Capistrano (the "City"), Orange County (the "County"), State of California (the "State"), more particularly described on Exhibit "A" attached hereto, which, together with the improvements to be constructed thereon, comprises a real estate development project (the "Project"). B. Area L-1 is located on property owned description of Area L-1 is attached hereto L-1 is adjacent to Lot L of Tract 13726 in Capistrano, County of Orange, California, DRE\CapMaiEa.A01 071096 1 by the City. A legal as Exhibit "B". Area the City of San Juan as per map recorded April 8, 1996 in Book 734, Pages 5 through 12, inclusive, of Tract Maps in the Office of the Recorder of Orange County. Even though Area L-1 is property owned by the City, the City desires that the Association maintain Area L-1 pursuant to the terms set forth herein and the Association is willing to maintain such area. For that reason, the City is granting to the Association the easement described herein. Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree and grant as follows: 1. Grant of Maintenance Easement. Grantor hereby grants to the Association and to its successors, assigns, invitees, permittees, employees and agents (all such persons are referred to herein collectively as the "Association") a non-exclusive easement for ingress, egress, use and enjoyment over Area L-1 for the purpose of maintaining Area L-1. 2. Reservation of Title and Control for Grantor. Grantor shall retain the fee interest in and to Area L-1. 3. Maintenance Obligation. The Association agrees to maintain the Area L-1 Maintenance Area at its sole cost and expense in accordance with the maintenance obligations set forth in the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Estates at San Juan Capistrano recorded the 19th day of July, 1996 as Instrument No. 19960367581 in the Official Records of Orange County, California (the "Project Declaration"). 4. Effective Date and Term of Easement. This Grant shall be deposited with a neutral escrow depositary with irrevocable instructions directing the escrow depositary to record this Grant prior to the sale of the first Lot in Phase II of the Project to an Owner. This Maintenance Easement - Area L-1 shall become effective as of the recordation of this Grant in the Official Records of Orange County. This Maintenance Easement - Area L-1 shall expire, lapse and be of no further force or effect in the event the City conveys fee title to Area L-1 to the Association; otherwise, it shall terminate after a period of sixty (60) years from the date of recordation and shall also be automatically renewed without the requirement of action on the part of any person immediately following such termination for an unlimited number of additional periods of twenty (20) years each. DRE\CapMaiEa.ALl 092396 2 5. Dominant and Servient Tenements. Area L-1 is the servient tenement of this Grant. All the residential lots in the Project consitute the dominant tenement of this Grant. The rights and duties of the parties created by this Grant shall run with the land and shall be binding upon the servient tenement and shall inure to the benefit of the dominant tenement and the successors and assigns of the parties thereto. 6. Governing Law. This Grant is made and delivered within the State of California and shall be construed and enforced in accordance with the laws of the State of California. 7. Incorporation of Exhibits. All exhibits attached hereto are hereby made a part hereof and are incorporated into this Grant. 8. Attorneys' Fees. In the event any party commences litigation or incurs attorneys fees for or in connection with the interpretation or enforcement hereof, the prevailing party shall be entitled to an amount equal to reasonable attorneys' fees, court and other costs incurred. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. City of San Juan Capistrano, a municipal corporation By: �n.� 1-1V.�- Its: Wyatt Hart, Mayor ATTEST �I✓lf� Its: City Clerk This Grant is accepted subject to its subsequent recordation in the Official Records of the County. Dated: 9 "Z3- 96 Estates at San Juan Capistrano Homeow rs Association, a California not for pit corporat By: DRE\CapMaiEa.AO1 071096 Its: 3 /4( ALL-PURPOSE ACKNOWLEDGMENT APA 1/94 VALLEY -SIERRA, 800-362-3369 • State of California ' a'1-0 ' } SS. I County of /A 1 ' On �/�}��?G%�GY/ ✓ .123r `! &efore me, JWekI7 (DATE) / % &� (NOTARY) / & ' personally appeared '22& // �2 �/ % �/. ' SIGNERS) ' ❑ personally known to me - OR- 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 i o4he/they executed • ' the same in h4-, to /their authorized ' • capacity(ies), and that by h;�their • Isignature(s) on the instrument the person(s), ' • or the entity upon behalf of which the • person(s) acted, executed the instrument. ' ! WITNESS my hand and official seal. ! ' "`�`r,. 1t+NlCE GILOEN•RENAK v' • _ . Comm. #11063519 NOTARY PUBLIC' CALFORNA p ty Onnse Cowfty '��Jo k1l� i My Comm. Fxpiros J* 2. 1999 • NOTARY'S SIGNATURE • ! OPTIONAL INFORMATION ! ' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ! ❑ CORPORATE OFFICER f • ' OR TYPE OF DOCUMENT I TITLE(S)TITLE ' ❑ PARTNER(S) ' ❑ ATTORNEY-IN-FACT • ' ❑ TRUSTEE(S) f ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES • ' ❑ OTHER: ' DATE OF DOCUMENT iSIGNER IS REPRESENTING: ' NAME OF PERSON(S) OR ENTITY(IES) ' I� OTHER APA 1/94 VALLEY -SIERRA, 800-362-3369 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On October 15. 1996 , before me, Chervt Johnson , City Clerk, personally appeared Wyatt Hart (SEAL) Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano personally known to me 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/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL m Description of Attached Document Grant of Maintenance Easement - Area L-1 Title or Type of Document Seven Number of Pages 10/15/96 Date of Document Signer(s) Other Than Named Above EXHIBIT "A" Description of Property Residential Lots 1 through 63, inclusive, and Common Area Lots A through Q of Tract 13726. The final tract map for Tract 13726 was filed April 8, 1996 in Book 734, Pages 5 through 12, inclusive, of Tract Maps in the Office of the Recorder of Orange County, California. All the property described above is located in the City of San Juan Capistrano, Orange County, California. DRE\CapMaiEa.AO1 071096 EXHIBIT "B" LEGAL DESCRIPTION FOR "L-1" That portion of Section 8, Township 8 South, Range 7 West of the San Bernardino Meridian, in the City of San Juan Capistrano, County of Orange, State of California, according to the Official Plat of said land filed in the District Land Office, April 12, 1875, described as follows: Beginning at the northwesterly corner of Tract No. 13726 as shown on a map filed in Book 734, Pages 5 through 12, inclusive of Miscellaneous Maps, in the Office of the County Recorder of said County, said corner being ort a non -tangent curve concave easterly having a radius of 150.00 feet, a radial line to said corner bears North 88°09'14" West; thence leaving the boundary of said Tract, southerly 64.35 feet along said curve through a central angle of 24°34'41"; thence tangent from said curve, South 22°43'55" East 15.37 feet; thence South 08019'38" West 25.16 feet to the beginning of a non -tangent curve concave northeasterly, having a radius of 110.00 feet, a radial line to the beginning of said curve bears North 67°04'25" West; thence southerly and southeasterly 154.75 feet along said curve through a central angle of 80°36'24'; thence non -tangent from said curve South 22°50'09" East 24.02 feet; thence South 04°21'34" East 61.31 feet; thence South 14°39'44" East 20.27 feet; thence South 45153'49" West 32.46 feet; thence South 16°00'29" East 101.46 feet to the beginning of a non -tangent curve, concave northeasterly having a radius of 65.00 feet, a radial line to the beginning of said curve bears North 49°44'35" West; thence southwesterly, southerly and southeasterly 100.99 feet along said curve through a central angle of 89°01'14"; thence tangent from said curve South 48°45'49" East 34.31 feet; thence South 16°00'29" East 43.98 feet to ,he beginning cf a non - tangent curve concave southwesterly having a radius of 306.00 feet, a radial line to the beginning of said curve bears North 28105'05" East; thence southeasterly 80.84 feet along said curve through a central angle of 15°08'11" to the westerly line of said Tract No. 13726, thence along said westerly line North 16°00'29" West 690.19 feet to the Point of Beginning. Said land is more particularly shown on Exhibit attached hereto and by this reference made a part hereof. Tom R. McGannon, RCE 23956 Registration Expires 12/31/97 No. 23956 Exp. 12/31/97 `1q� ��CF Revised: July 26, 1996 July 19, 1996 Page I of 2 W.O. 1443-13726-X H&A Legal No. 4096 Prepared By: B. Foss Ck'd by: H. Foss/sa EXHIBIT "B" Sketch to Accompany Legal Description For "L-1" CURVE DATA CURVE DELTA RADIUS LENGTH C1 24*34'41" 150.00' 64.35' C2 80*36'24" 110.00, 154.75' C3 89001'14" 65.00' 100.99' C4 15008'11' 306.00' 80.84' P.O.B. - 68' 6 1a 09 C1 S22043'55"E 15.37",,---- 01. S08019,38" w 25.16--, C2... .. E-3 > rn 5br C) cc) 0. Ij 05 435- f� --- N4904' -- - RPD C3 F S4B'45'49'- :---' 34.31 ----34.31 S16-00'29"E—' 43.98' C4 INDICATES EASEMENT AREA N43*13'16" D ER Hunsaker & Associates EASEMENT Irvine, Inc. Three Hwh.s, Imine, CA 92718 • (714) 583-1010 Planning - Engineering • Surveying CITY OF SAN JUAN CAPISTRANO. COUNTY OF ORANGE STATE OF CALIFORNIA DATE: 7-22-96 1 'Nw 7-26-96 G.Foss 8, H. FossW.O. aro SCALE: 1"=100' F—S 75 1443-13726-X K: \DT\1443\13726\CALC\LD\4096\EXHIBITB.DWG LOG IN 1443-13726 1 H&A LEGAL No. 4096 1 SHEET 2 OF 2 RECORDING REQUESTED BY MpgrAtTRICAN TITLE INSURANCE COMPAMf AND WHEN RECORDED, MAIL TO: (Maintenance Easement - Area K-1) (Open Space) (Phase II) Estates at San Juan Capistrano, L.P c/o Mr. Jay Deckard Toll CA GP Corp. n 2100 Orangewood Avenue iu, J (✓ ` w 't. Suite 180 Orange, CA 92668 ��, ICT G 9 1997 THIS ORIGINAL DOCUMENT WAS SCANNED Aa�R FIECTRC!d!CALLY RECORDED ON 3 0 Document No.Z ,7—z) % First American Ttle Insurance Co. DOCUMENTARY TRANSFER TAB$ CONSIDERATION LESS THAN $100.00 BB COMPUTED ON THE CONSIDERATION OR VALDE OF PROPERTY CONVEYED; OR _ COMPUTED ON THE CONSIDERATION OR VALUE LESS LIENS OR ENCUMBRANCES REMAINING AT TIME OF SALE ------------------------------------------ (Space Above For Recorder's Use) GRANT OF MAINTENANCE EASEMENT - AREA K-1 THIS GRANT OF MAINTENANCE EASEMENT AREA K- ("Grant") is dated for reference purposes as of the �� day of )j,z e,.L„I , 1996 and is entered into by and between the City of San Juan Capistrano ("Grantor") and Estates at San Juan Capistrano Homeowners Association, a California not for profit corporation (the "Association"). RECITALS A. Estates at San Juan Capistrano, L.P., a California limited partnership ("Developer") is the owner of that certain real property (the "Property") located in the City of San Juan Capistrano (the "City"), Orange County (the "County"), State of California (the "State"), more particularly described on Exhibit "A" attached hereto, which, together with the improvements to be constructed thereon, comprises a real estate development project (the "Project"). B. Area K-1 is located on property owned by the City. A legal description of Area K-1 is attached hereto as Exhibit "B". Area K-1 is adjacent to Lot K of Tract 13726 in the City of San Juan DRE\CapMaiEa.AK1 070996 1 Capistrano, County of Orange, California, as per map recorded April 8, 1996 in Book 734, Pages 5 through 12, inclusive, of Tract Maps in the Office of the Recorder of Orange County. Even though Area K-1 is property owned by the City, the City desires that the Association maintain Area K-1 pursuant to the terms set forth herein and the Association is willing to maintain such area. For that reason, the City is granting to the Association the easement described herein. Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree and grant as follows: 1. Grant of Maintenance Easement. Grantor hereby grants to the Association and to its successors, assigns, invitees, permittees, employees and agents (all such persons are referred to herein collectively as the "Association") a non-exclusive easement for ingress, egress, use and enjoyment over Area K-1 for the purpose of maintaining Area K-1. 2. Reservation of Title and Control for Grantor. Grantor shall retain the fee interest in and to Area K-1. 3. Maintenance Obligation. The Association agrees to maintain Area K-1 at its sole cost and expense in accordance with the maintenance obligations set forth in the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Estates at San Juan Capistrano recorded the 19th day of July, 1996 as Instrument Ho. 19960367581 in the Official Records of Orange County, California (the "Project Declaration"). 4. Effective Date and Term of Easement. This Grant shall be deposited with a neutral escrow depositary with irrevocable instructions directing the escrow depositary to record this Grant prior to the sale of the first Lot in Phase II of the Project to an Owner. This Maintenance Easement shall become effective as of the recordation of this Grant in the Official Records of Orange County. This Maintenance Easement shall expire, lapse and be of no further force or effect in the event the City conveys fee title to Area K-1 to the Association; otherwise, it shall terminate after a period of sixty (60) years from the date of recordation and shall also be automatically renewed without the requirement of action on the part of any person immediately following such termination for an unlimited number of additional periods of twenty (20) years each. DRE\CapMaiEa.AK1 070996 2 5. Dominant and Servient Tenements. Area K-1 is the servient tenement of this Grant. All the residential lots in the Project constitute the dominant tenement of this Grant. The rights and duties of the parties created by this Grant shall run with the land and shall be binding upon the servient tenement and shall inure to the benefit of the dominant tenement and the successors and assigns of the parties thereto. 6. Governing Law. This Grant is made and delivered within the State of California and shall be construed and enforced in accordance with the laws of the State of California. 7. Incorporation of Exhibits. All exhibits attached hereto are hereby made a part hereof and are incorporated into this Grant. 8. Attorneys' Fees. In the event any party commences litigation or incurs attorneys fees for or in connection with the interpretation or enforcement hereof, the prevailing party shall DRE\CapMaiEa.AK1 070996 be entitled to an amount equal to reasonable attorneys, fees, court and other costs incurred. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. Dated: City of San Juan Capistrano, a municipal corporation By: Its: Wyatt a^rt, Mayor ATTEST: l City Clerk This Grant is accepted subject to its subsequent recordation in the Official Records of the County. Dated:< /'J e, M7 Estates at San Juan Capistrano Homeowners Association, a California not for prAfit corporation �) By: DRE\CapMaiEa.AK1 070996 4 : Pres EXHIBIT "A" Description of Property Residential Lots 1 through 63, inclusive, and Common Area Lots A through Q of Tract 13726. The final tract map for Tract 13726 was filed April 8, 1996 in Book 734, Pages 5 through 12, inclusive, of Tract Maps in the Office of the Recorder of Orange County, California. All the property described above is located in the City of San Juan Capistrano, orange County, California. DRE\CapMaiEa.AKI 070996 EXHIBIT "B" LEGAL DESCRIPTION FOR "K-1" That portion of Section 8, Township 8 South, Range 7 West of the San Bernardino Meridian, in the City of San Juan Capistrano, County of Orange, State of California, according to the Official Plat of said land filed in the District Land Office, April 12, 1875, described as follows: Beginning at a point in the westerly line of Tract No. 13726 as shown on a map filed in Book 734, Pages 5 through 12, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County, said point being South 1600'29" East 440.40 feet along said westerly line from the northwesterly corner of said Tract; thence leaving said westerly line, South 48059'31" West 127.00 feet; thence South 74029'31" West 123.00 feet; thence South 1200'29" East 42.00 feet; thence North 79117'30" East 139.02 feet; thence South 77°42'30" East 116.53 feet to a point in said westerly line; said point being North 16°00'29" West 36.53 feet along said westerly line from the most southerly corner of Lot K of said Tract; thence along said westerly line North 1600'29" West 162.58 feet to the Point of Beginning. Said land is more particularly shown on Exhibit attached hereto and by this reference made a part hereof. Tom R. McGannon, RCE 23956 Registration Expires 12/31/97 02 �Z No. 23956 A Exp. 12/31/97 CIVIC a�P CF CAUF(!?� Revised: July 26, 1996 July 22, 1996 Page 1 of 2 W.O. 1443-13726-X H&A Legal No. 4094 Prepared By: B. Foss Ck'd by: H. Foss/sa am G. 0 CS Co 0. 4 co S12*00'29"E 42M, 3 C) F S 7.42',350.3 16 ' ,,C-- 36.53' 77-71 INDICATES EASEMENT AREA ME, ORM Hunsaker & Associates EASEMENT NUM -1 Irvine, Inc. MIE4Y7M Three Hughes, lm m, CA 92718 - (714) 583-1010 MW Planning - Engineering - Surveying CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE STATE OF CALIFORNIA GArU 7-22-96 1 o'Aa 7-26-96 1 DwyG B. Foss cBK'° H. Foss SCALE: 1"=100' W.O. 1443-13726-X K: \DT\1443\13726\CALC\LD\4094\EXHIBITB.DWG LNOO 1443-13726 H&A LEGAL No. 40941 SHEET 2 OF 2 o ME, ORM Hunsaker & Associates EASEMENT NUM -1 Irvine, Inc. MIE4Y7M Three Hughes, lm m, CA 92718 - (714) 583-1010 MW Planning - Engineering - Surveying CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE STATE OF CALIFORNIA GArU 7-22-96 1 o'Aa 7-26-96 1 DwyG B. Foss cBK'° H. Foss SCALE: 1"=100' W.O. 1443-13726-X K: \DT\1443\13726\CALC\LD\4094\EXHIBITB.DWG LNOO 1443-13726 H&A LEGAL No. 40941 SHEET 2 OF 2 ALL-PURPOSE ACKNOWLEDGMENT State of California Il County of �%Q��e )} ss. ' before m/e, •I (DAVE) personally appeared }� SIGNERS) e ' personally known to me - OR- (q 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 hefske/they executed • ' the same in hisfher/their authorized ' • capacity(ies), and that by—ttisfher/their • fsignature(s) on the instrument the person(s), ` • or the entity upon behalf of which the • ' person(s) acted, executed the instrument. ' ! ' JANICEGILDEN-RENAK p WITNESS my hand and official seal. ! ` Comm. # 1063519 w NOTARY PUBLIC • CALFORNA ' (1 Orange Cordy MY Corm. Expims My 2, 1999 • NOTARY'S SIGNATURE • OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ' ❑ CORPORATE OFFICER • TiT1,E(S) TITLE OR TYPE OF DOCUMENT ' ❑ PARTNER(S) I ❑ ATTORNEY-IN-FACT • ' ❑ TRUSTEE(S) NUMBER OF PAGES ' ❑ GUARDIAN/CONSERVATOR • ' ❑ OTHER: ' DATE OF DOCUMENT ! SIGNER IS REPRESENTING: ' NAME OF PERSON(S) OR ENTUY(IES) f • OTHER • APA 1/94 VALLEY -SIERRA, 800-362-3369 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On September 171996 before me, Cheryl Johnson City Clerk, personally appeared - - - Wyatt Hart - - - (SEAL) Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano personally known to me 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 and official seal. --j .,.-- OPTIONAL Description of Attached Document Maintenance Easement - Area K -I Title or Type of Document Seven Number of Pages September 17. 1996 Date of Document James Boyd & Karvn Knight Signer(s) Other Than Named Above RECORDING REQUESTED BY Rq.17A IERICAN TITLE INSURANCE COMPAW -RECGR (Maintenance Easement - Lot L) AND WHEN RECORDED, MAIL TO: (Fuel Modification) (Phase II) Estates at San Juan Capistrano, L.P c/o Mr. Jay Deckard THIS ORIGINAL DOCUMENT WAS SCANNED Toll CA GP Corp. a 'c _ _ F7 j AND ELECTRONICALLY RECORDED ON 2100 Orangewood Avenue �' NES 3 C 999 Suite 180 OCT L) q 1997 Orange, CA 92668 //�/�-7,, Document No. / 77TJ/,l% 2z First American Title Insurance Co. THE UNDERSIGNED DECLARES: DOCUMENTARY TRANSFER TAX $ CONSIDERATION LESS THAN $100.00 %% COMPUTED ON THE CONSIDERATION OR VALUE OF PROPERTY CONVEYED; OR _ COMPUTED ON THE CONSIDERATION OR VALUE LESS LIENS OR ENCUMBRANCES REMAINING AT TIME OF SALE (Space Above For Recorder's Use) GRANT OF MAINTENANCE EASEMENT - LOT L THIS GRANT OF MAINTENANCE EASEMENT LOT L (" rant") is dated for reference purposes as of the day of � 1996 and is entered into by and between the City of San Juan Capistrano ("Grantor") and Estates at San Juan Capistrano Homeowners Association, a California not for profit corporation (the "Association"). RECITALS A. Estates at San Juan Capistrano, L.P., a California limited partnership ("Developer") is the owner of that certain real property (the "Property") located in the City of San Juan Capistrano (the "City"), Orange County (the "County"), State of California (the "State"), more particularly described on Exhibit "A" attached hereto, which, together with the improvements to be constructed thereon, comprises a real estate development project (the "Project"). B. Lot L of Tract No. 13726 in the City of San Juan Capistrano, County of Orange, California, as per map recorded April 8, 1996 in Book 734, Pages 5 through 12, inclusive, of Tract Maps in the Office of the Recorder of Orange County is an open space lot DRE\CapMaiEa.LtL 070996 owned in fee by the City but located within the boundaries of the Property. Fee title to Lot L has been dedicated to the City pursuant to the final tract map for the Project. Lot L is a fuel modification zone (the "Fuel Modification Zone"). The City desires that the Association maintain the Fuel Modification Zone and grants this easement over Lot L to the Association in order to enable it do so. The Association accepts the obligation to maintain the Fuel Modification Zone upon the terms set forth herein. Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree and grant as follows: 1. Grant of Maintenance Easement. Grantor hereby grants to the Association and to its successors, assigns, invitees, permittees, employees and agents (all such persons are referred to herein collectively as the "Association") a non-exclusive easement for ingress, egress, use and enjoyment over Lot L for the purpose of maintaining the Fuel Modification Zone (the "Maintenance Easement - Lot L"). 2. Reservation of Title and Control for Grantor. Grantor shall retain the fee interest in and to Lot L and Grantor shall continue to maintain the portion of Lot L outside the Fuel Modification Zone as open space. 3. Maintenance Obligation. The Association agrees to maintain the Fuel Modification Zone at its sole cost and expense in accordance with the maintenance obligations set forth in the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Estates at San Juan Capistrano recorded the 19th day of July, 1996 as Instrument No. 19960367581 in the Official Records of Orange County, California (the "Project Declaration"). 4. Effective Date and Term of Easement. This Grant shall be deposited with a neutral escrow depositary with irrevocable instructions directing the escrow depositary to record this Grant prior to the sale of the first Lot in Phase II of the Project to an Owner. This Maintenance Easement - Lot L shall become effective as of the recordation of this Grant in the Official Records of Orange County. This Maintenance Easement - Lot L shall expire, lapse and be of no further force or effect in the event the City conveys fee title to Lot L to the Association; otherwise, it shall terminate after a period of sixty (60) years from the date of recordation and shall also be automatically renewed without the requirement of action on the part of any DRE\CapMaiEa.LtL 070996 `A duties of the parties created by this Grant shall run with the land and shall be binding upon the servient tenement and shall inure to the benefit of the dominant tenement and the successors and assigns of the parties thereto. 6. Governing Law. This Grant is made and delivered within the State of California and shall be construed and enforced in accordance with the laws of the State of California. 7. Incorporation of Exhibits. All exhibits attached hereto are hereby made part hereof and are incorporated into this Grant. S. Attorneys' Fees. In the event any party commences litigation or incurs attorneys fees for or in connection with the interpretation or enforcement hereof, the prevailing party shall DRE\CapMaiEa.LtL 070996 3 be entitled to an amount equal to reasonable attorneys, fees, court and other costs incurred. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. Dated: City of San Juan Capistrano, a municipal corporation By: Its: Wyatt Hart, Mayor ATTEST: City Clerk This Grant is accepted subject to its subsequent recordation in the Official Records of the County. Dated:_11Jj Estates at San Juan Capistrano Homeowners Association, a California not for prgfit corporation „ n By: DRE\CapMaiEa.LtL 070996 4 : Pres EXHIBIT "A" Description of Property Residential Lots 1 through 63, inclusive, and Common Area Lots A through Q of Tract 13726. The final tract map for Tract 13726 was filed April 8, 1996 in Book 734, Pages 5 through 12, inclusive, of Tract Maps in the Office of the Recorder of Orange County, California. All the property described above is located in the City of San Juan Capistrano, Orange County, California. DRE\CapMaiEa.LtL 070996 ALL-PURPOSE ACKNOWLEDGMENT State of California //• County of ��y e SS. ' ' On `CGU IL`s /L before me, S J� —T I (DA ) / NOTARY) ' personally appeared C/CGS��_ SIGNER(S) fpersonally known to me OR- Idl proved to me on the basis of satisfactory ' • evidence to be the person(s) whose name(s) • Iis/are subscribed to the within instrument and ' acknowledged to me that he/A&they executed • ' the same in hisfher/their authorized ` capacity(ies), and that by—hi-sAier/their • ' signature(s) on the instrument the person(s), ' ' or the entity upon behalf of which the • ' person(s) acted, executed the instrument. ' ! WfrNESS my hand and official seal. ! `r JANICEGIIDENRENAK ' ff Comm. # 1063519 ' NOTARY • CPIFCRNW p `/�� /L ,,, J • orange CouRy a ^ My Comm. Expires July 2, 1999 NOTARY'S SIGNATURE i ' OPTIONAL INFORMATION • ` The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT , i❑ INDIVIDUAL ' ❑ CORPORATE OFFICER • 'TITLE(S) TITLE OR TYPE OF DOCUMENT f ' ❑ PARTNER(S) ' ❑ ATTORNEY-IN-FACT • ' ❑ TRUSTEE(S) NUMBER OF PAGES • ❑ GUARDIAN/CONSERVATOR ' ❑ OTHER: ! DATE OF DOCUMENT SIGNER IS REPRESENTING: !NAME OF PERSON(S) OR ENTITY(IES) ' OTHER • Le_* _9_0_0_6_._.J APA t/94 VALLEY -SIERRA. 800.362-3369 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On September 17. 1996 _ before me, Cheryl Johnson City Clerk, personally appeared - - - Wyatt Hart - - - personally known to me 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. (SEAL) WITNESS my hand and official seal. -- Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano OPTIONAL Description of Attached Document Maintenance Easement - Lot L. Tract 13726 Title or Type of Document Number of Pages September 17, 1996 Date of Document James Boyd & Karyn Knight Signer(s) Other Than Named Above