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-