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1991-1108_MARBELLA DEVELOPMENT_Grant of Easement_91-612120g�=s�z�za RECORDING REQUESTED BY: ) RECORDED IN OFFICIAL RECORDS WHEN RECORDED MAIL TO: ) OF ORANGE COUNTY, CALIFORNIA City of San Juan Capistrano ) 1:.30 NOV 8 1991 Attn City Clerk ) P.M. 32400 Paseo Adelanto ) San Juan Capistrano, CA 92675 ) 42. Recorder [Space Above This Line Is For Recorder's Use Only] Mail Tax Statements to: Marbella Development Company 27462 Calle Arroyo San Juan Capistrano, CA 92675 I Hereby Declare the Documentary Tra fer Tax is o Consideration Cheryl City Clerk City of San Juan Capistrano, CA GRANT OF EASEMENT TO MARBELLA DEVELOPMENT COMPANY and MARBELLA GOLF AND COUNTRY CLUB Titles$ Add. $ P9@$ Lien Nt $ @$ Other $ Total Rec. Fees Is D.T.T. 1 $ PCOR $ SMF $ RDE -6 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SAN JUAN CAPISTRANO ("Grantor"), hereby grants and conveys to MARBELLA DEVELOPMENT COMPANY, a California general partnership and MARBELLA GOLF AND COUNTRY CLUB, a Delaware nonstock corporation, ("Grantee"), a perpetual non-exclusive easement and right-of-way for a water and sewer pipeline or pipelines, together with incidental appurtenances, connections and structures in, over, under, upon, along, through and across the respective portions of the real property described in Exhibit "A" attached hereto and diagrammed in Exhibit "B" attached hereto (the "Easement Area"). The easement and right-of-way granted herein are in gross. The easement and right-of-way granted herein include the incidental rights to enter upon and pass and repass over and along the Easement Area for the construction (including, without limitation, grading, excavation and compaction of the Easement Area), reconstruction, enlargement, improvement, repair, operation and maintenance of the facilities to be constructed by Grantee and for ingress and egress to Grantee's property. After completion of any work performed by Grantee or its agents, contractors or employees which disturbs the surface of Grantor's property, Grantee shall restore the surface of such area as close as reasonable to its original character. The easement and right-of-way acquired herein are acquired subject to the right of Grantor, its successors and assigns, to use the surface and subsurface of the land within the Easement Area to the extent that such use is compatible with the full and free exercise of the easement and right-of-way by Grantee; provided, however, that no fences, block walls, or other structures or other improvements shall be constructed upon, over and along the Easement Area without the prior written consent of Grantee, which consent shall not be unreasonably withheld or delayed. No fill or paving of any nature shall be placed or maintained on the surface of the ground within the Easement Area, nor shall any earth be removed from the cover of the pipeline after construction, without the prior written consent of Grantee, which consent shall not be unreasonably withheld or delayed. Grantee shall have the right to use gates in all of Grantor's fences which presently or hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. IN WITNESS WHEREOF, this instrument has been executed this 7th day of October , 1991. CITY OF SAN JUAN('CAPISTRANO By: Kenneth E. Friess, Mayor ATTEST: 08/30/91 7103u/2299/00 MARBELLA DEVELOPMENT COMPANY, a California General Partnership By: FAIRWAY PROPERTIES COMPANY, a Delaware corporation By: President RBELLA GOLF AND COUNTRY CLUB By: / Mi ael L. Knapp Vice President and Sec etary -2- 0 Exhibit "A" 0 ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, DESCRIBED AS FOLLOWS: LOT B OF TRACT NO. 12954, AS SHOWN ON A MAP RECORDED IN BOOK 597, PAGES I TO 34 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXHIBIT B l 3 97 64 °R 2 92 4T• I 0 TRACT N0, 12954 IN THE CITY OF SAN JUAN CAPISTRANO. COUNTY OF ORANGE, STATE OF CALIFORNIA '°IT, N.<!rp l'I/IIIL RCF 10]]O P[R KEITH INC. F / eo-nr./n.e rrNr13) m EC. >mAnva-N) naa •A A FOSTERS - DOUGLAS C. FOSTER L.B. 1999 p�:nr) 7S Ar app. •c n'w aor« 7. r.er. n.... 1 /pr/// IP AIM. if I3r0 .E CWlcAa, V[[0 A/[Nn t�AY FTA] ^ I. r/atr]r _ _. 2 1r[ a< I [q - �.ajl l l --r Se . SAN A,R0 en ran ,1'� t0'4pAO Nl3[MENrW A[V /)r•0 aPo'••fry ..NI I fnH ,YnN rIPIf I[a N0�r . h1x %. ' pMr N. vw[ILr] •<P[[GOOR NI ISO 0" �_•)•iiiA`)• 0Syl �y�fO RdO [AYM(NrAprV °If][ I[r uG • MP Kva IOIY .0° �, x / ti k��+ I r PA4E 14SS OP •\ dN< I AS.ar .rr IS 3e' I ��_e scv fec.ep_____�/ , •° err+myns:ii � xern nr w3p; rrr `� - I m 57-r. rimy -w W r I I M y Nal•It'EN'f JI00' 80° rlpm er..•rEaw k N itt� ry'w N Sl'•]'fYC Y/,' Y' 1N 130. Cp' J V1 �-. pYs r IIS Ir °O 221 raa 'n. v ef•,r rr'w »S fr \ r3am' �� r Aryp n N a• er03-[ N.r 8B NOT 88 •'r ` �. a Nees Orw N I,-SO•1-1 S, TS $$ A $$ + �'\ K�a[A"'I'll uA rN[Nr��aa' ver sr oo-N, .re as o C:..... "ITS. W. P 22 22 NI we [/N[ Eyr> N a w YJ `C- DO rorrA><e rp ]xr pPr, SeN IbM' C[wa,Mn NO wtt[N ISS.) n Fr Ounr[r Y Yf _ OlD�ur u r xrn I rxc N.,a r� '0 SAN 1Apl P• x[3"w IS,, aaM all al JUAN eANO LOT T 112 6.931 TMCTY � wN N•SO m'e r 129 Or• 30 Ie [ 3) aL 'Ax [ p[' ye KCINTATpnAl wN°m,Nfu Pert[ 6 8. r 00 __ 01y 19315 la p..rt ]•af - mC A. X19 -4 vy YO y4 SaCNv55 .S 109 6• Loo Ne1•31-u(e0e3 � r.Y�Q 109 02 i `z Nm•re re[a]ct LOT "B" ltl 107 a W 9N.991 AOi£9 O3 °1 W;. 0 IN K nTI. TO M CRT V 0�,• .'A4t°° /06 PPURo[�fI[N"SxcM iiF (�I NS f �W °el IOS . Nf•.Te -nfp'[ •.rr 146 IN n" =i Nu'a.ro9'N •.n /OAIy H7 Ne+•pp'[rE ttae .c•v.-Sr-e eN 1F IJS N y a�ru. nrrae oz .1 IT 8 IOJ H9 NOTOI 51 06 G p.3 [ n m10 w uv c3e'_ ! N9 07 8� , are er °, :::T iso �•�e\ ,gra,, N rr'OY Jfw N`t• [!.O'F _ _ g0ir, O••OT O'q'm'w S0�e4r 192 /39 x •e;sm-v 2. / 3 79_r Sm Os 76 60 /90 JYISJ i r13A w r IM t a j3+1^Od m>•"�° pO r "" 133 1 I ee 1 _ T N2 . . . 62 °' N� a°� o✓ ix 158 Y R•1p�" """ Pr.fU g .t Ao .. nf1cf 141 l 3 97 64 °R 2 92 4T• I 0 0 0 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) October 4, 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael L. Knapp, personally known to me to be the persons who executed the within instrument as President on behalf of Fairway Properties Company, the corporation thercin named, and acknowledged to me that said corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors, said corporation being known to me to be one of the partners of Marbella Development Company, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. NFHCIAL SEAL '. ALICE M. STUMP Q1, notary 1'umn. Camom�a +?*.�� ONANCE CQUN 7Y ,My Commission Exp. 5/27/95 (SEAL) STATE OF CALIFORNIA ss. COUNTY OF ORANGE On October 4, 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael L. Knapp, personally known to me on the basis of satisfactory evidence to be the person who executed the within instrument as Vice President and Secretary, respectively, on behalf of Marbella Golf and Country Club, the corporation therein named and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. OFFIf, IA I SEAL ALICE M. STUMP Ncl01 FnNbl [aN1U(Oia �s ONANGE GUUNfY My Conlmission Exp. 5/27/95 (SEAL) -3- State of California VW_ County of Orange City.of San Juan Capistrano i On October 7, 1991 before me, Notary Public DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared Cheryl A. Johnson NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person* whose name(g) is/ subscribed to the within instrument and ac- knowledged to me thabbe/she/they executed the same in his/her/their authorized capacity(ies), and that by has/her/timeir 43iKIsignature(s) on the instrument the person, TARY SEALor the entity upon behalf of which the person(A) GEGTEacted, executed the instrument. —CaliforniaCOUNTYWitness my hand and official seal. es 11Mv 2), 1C`J5 4XL/-yS,O,ATTRE OF NgKARY CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) UCORPORATE Municipal OFFICER(S) City Clerk TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) City of San Juan Canistra ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Grant of Easement to Marbella Dev Co MUST BE ATTACHED TO THE DOCUMENT Number of Pages 6 Date of Document October 7, 1991 DESCRIBED AT RIGHT: Signer(s) Other Than Named AboveMichael Knapp, Mayor State of California County of Orange } City of San Juan Capistrano On October 7, 1991 before me, Cheryl A. Johnson, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' ®1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Bax 7184 • Canoca Park, CA 913047184 personally appeared Kenneth E. Friess NAME(S) OF SIGNER(S) El personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person" whose name(E) is/are subscribed to the within instrument and ac- knowledged to me that he/slxe/they executed the same in his/h Xixe& authorized capacity(iel and that by his/acemltbeir signature(:s) on the instrument the persoruisi), orthe entity upon behalf of which the person(s) acted, executed the instrument. O=JOHNSON L CHSON Witness my hand and official seal. NOTARFORNIA�y / /My co13, 1993 .1/ GNATURE OF 116TARY CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) :9 CORPORATE Muni c ipal OFFICER(S) Mayor TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) City of San Juan Capi< ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Grant of Easement to Marbella Dev Co. MUST BE ATTACHED TO THE DOCUMENT Number of Pages 6 Date of Document October 7. 1991 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Michael Knapp, City Clerk 0 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. " P.O. Box 7184 " Canoga Park, CA 91304-7184 CERTIFICATE OF ACCEPTANCE The undersigned, being the duly appointed agent of MARBELLA DEVELOPMENT CORPORATION, a California general partnership ("Marbella") and MARBELLA GOLF AND COUNTRY CLUB, a Delaware nonstock corporation, ("Club"), does hereby accept on behalf of Marbella and Club, the grant of all interests in real estate for public purposes as described in the attached Grant of Easement dated t.he7th__ day of October , 1991, by and between Marbella, Club and the City of San Juan Capistrano, and does hereby certify that Marbella and Club consents to the recordation of the attached Grant of Easement. 1 DATED: /V 1991 (SEAL) 08/30/91 7103u/2299/00 MARBELLA DEVELOPMENT COMPANY, a California General Partnership By: FAIRWAY PROPERTIES COMPANY, a Delaware corporation By: President MARBELLA GOLF AND COUNTRY CLUB BY Mic as L. Rna Vice President and S retary -4-