1988-0628_MARBELLA DEVELOPMENT_Irrevocable Offer to Grant Access Easement_88-308036. 1
i 88_3 •
` RECORD
FIRST AMERINGICAN TITLE INS. CQ REQUESTED BY
RECORDING REQUESTED BY RECORDED IN OFFICIAL RECORDS
AND WHEN RECORDED MAIL T0: OF ORANGE COUNTY, CALIFORNIA
Pettis, Tester, Kruse & Krinsky E$29 1018881 Von Karman, 15th Floor -3 __ PM JUN 28'88
Irvine, California 92715 ) �
Attn: Jeffrey A. Warmoth, Esq. Q.couNTY
RECORDER
(Space Above This Line For Recorder's Use)
IRREVOCABLE OFFER TO GRANT ACCESS EASEMENT
TABLE OF CONTENTS
Page
ARTICLE
I
DEFINITIONS . . . . . . . . . . . . . . . . . 1
Section
1.01
- County . . . . . . . . . . . . . . . . . . . 1
Section
1.02
- Declaration . . . . . . . . . . . . . . . . . 1
Section
1.03
- Easement Area Owner . . . . . . . . . . . . . 2
Section
1.04
- Easement Users . . . . . . . . . . . . . . . 2
Section
1.05
- Marbella . . . . . . . . . . . . . . . . . . 2
Section
1.06
- Official Records . . . . . . . . . . . . . . 2
Section
1.07
- Other Easement Area Users . . . . . . . . . . 2
Section
1.08
- Rules and Regulations . . . . . . . . . . . . 2
ARTICLE
II
OFFER TO GRANT . . . . . . . . . . . . . . . 2
Section
2.01
- Offer to Grant . . . . . . . . . . . . . . . 2
Section
2.02
- Irrevocability of Offer to Grant . . . . . . 2
Section
2.03
- Acceptance of Offer to Grant . . . . . . . . 3
ARTICLE
III
TERMS AND CONDITIONS . . . . . . . . . . . . 3
Section
3.01
- Maintenance and Repair . . . . . . . . . . . 3
Section
3.02
- Control of Access . . . . . . . . . . . . . . 3
Section
3.03
- Rules and Regulations Applicable to Easement
Users . . . . . . . . . . 3
Section
3.04
- Rules and Regulations Applicable to Easement
Users and Other Easement Area Users . . 4
Section
3.05
- Limited Liability . . . . . . . . . . . . . . 4
ARTICLE
IV
GENERAL PROVISIONS . . . . . . . . . . . . . 4
Section
4.01
- Enforcement . . . . . . . . . . . . . . . . . 4
Section
4.02
- No Waiver . . . . . . . . . . . . . . . . . . 4
Section
4.03
- Cumulative Remedies . . . . . . . . . . . . . 4
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Section
4.04
- Severability . . . . . . .
Section
4.05
- Easement in Gross . . . . .
Section
4.06
- Construction . . . . . . .
Section
4.07
- Singular Includes Plural
Section
4.08
- Attorneys' Fees . . . . . .
Section
4.09
- Governing Law . . . . . . .
Section
4.10
- Notices . . . . . . . . . .
ii
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8�-3080
IRREVOCABLE OFFER TO GRANT ACCESS EASEMENT
THIS IRREVOCABLE OFFER TO GRANT ACCES EASEMENT (the
"Offer to Grant") is made this � 'L -day of 1AweF ,
1988 by MARBELLA DEVELOPMENT COMPANY, a Califo is general
partnership, its successors and assigns (hereinafter "Company").
RF.0 TTAT.S
A. Company is the owner and developer of that certain
real property known as Marbella in the City of San Juan
Capistrano (the "City"), County of Orange, State of California, a
portion of which is described as:
Lots Z, Q, S, T, V and Y of Tract No. 12954 as per map filed
in Book 597, Pages 1 to 34, inclusive, of Miscellaneous
Maps, records of said County (the "Easement Area").
B. The plan for the development of Marbella
contemplates the establishment of a nonprofit mutual benefit
corporation which will own the Easement Area in accordance with a
recorded declaration of covenants, conditions and restrictions.
C. The City has requested, and the Company has deemed
it desirable, to offer to the City for the benefit of the
Easement Users a non-exclusive limited access easement for
automobile access over the Easement Area for the purpose of
viewing the Horno Creek environment of Marbella as such terms are
hereinafter defined in this Offer to Grant.
NOW, THEREFORE, in consideration of the facts stated
above, Company hereby irrevocably offers to grant to the City a
non-exclusive limited access easement for automobile access over
the Easement Area which shall be an easement in gross subject to
the covenants, conditions and restrictions contained in this
Offer to Grant.
ARTICLE I
DEFINITIONS
Section 1.01 - County. "County" shall mean and refer to the
County of Orange, State of California.
Section 1.02 - Declaration. "Declaration" shall mean and refer
to any declaration of covenants, conditions and restrictions
recorded by or consented to by Company or Easement Area Owner
which is applicable to the Easement Area.
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Section 1.03 - Easement Area Owner. "Easement Area Owner" shall
mean and refer to the owner in fee of the Easement Area.
Section 1.04 - Easement Users. "Easement Users" shall mean and
refer to any and all residents of the City and accompanied
guests of such residents who comply with the Rules and
Regulations.
Section 1.05 - Marbella. "Marbella" shall mean and refer to the
development comprised of Marbella Golf and Country Club and the
adjacent residential community.
Section 1.06 - Official Records. "Official Records" shall mean
the Official Records in the office of the County Recorder of the
County.
Section 1.07 - Other Easement Area Users. "Other Easement Area
Users" shall mean and refer to any and all persons who have
access over the Easement Area other than the Easement Users,
including but not limited to, owners of property within Marbella,
members of the Marbella Golf and Country Club and respective
guests of such persons.
Section 1.08 - Rules and Regulations. "Rules and Regulations"
shall mean and refer to the rules and regulations governing the
use of the Easement Area by the Easement Users as set forth in
Section 3.03 below and by Easement Users and Other Easement Area
Users as set forth in Section 3.04 below.
ARTICLE II
OFFER TO GRANT
Section 2.01 - Offer to Grant. Subject to the terms and
conditions of this Offer to Grant, Company irrevocably offers to
grant to City for the benefit of Easement Users a non-exclusive
limited access easement for automobile access over the Easement
Area for the purpose of viewing the Horno Creek environment of
Marbella. It is the intent of this Offer to Grant to allow
residents of the City reasonable access, free of undue or
burdensome restrictions by Company, for the purpose of viewing
this valuable scenic resource of the community.
Section 2.02 - Irrevocability of Offer to Grant. This Offer to
Grant may not be revoked, modified or amended by Company without
the consent of the City. If City consents to modify or amend
this Offer to Grant, then this Offer to Grant is terminated if
the modified or amended offer to grant so provides, and such
termination shall occur upon the recordation of the modified or
amended offer to grant.
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tion 2.03 -
Offer to Grant may b
the Official Records
Irrevocable Offer to
form attached hereto
88'308036
ance of Offer to Grant. Acceptance of this
effected by the recordation by the City in
of a Certificate of Acceptance of
Grant Access Easement in substantially the
as Exhibit "A".
ARTICLE III
TERMS AND CONDITI
Section 3.01 - Maintenance and Repair. Easement Area Owner shall
keep the Easement Area in a good state of maintenance and repair.
Section 3.02 - Control of Access. Easement Area Owner shall have
the right to manage, operate, control and maintain the Easement
Area. Such right will include without limitation the right to
construct and operate a guard house, card gates or other security
systems at the entry to the Easement Area. Easement Area Owner
shall have the right to restrict or prevent access of all
Easement Users who do not comply with the Rules and Regulations.
Notwithstanding anything to the contrary contained herein,
Easement Area Owner shall have at all times the right to restrict
or limit access for reasonable periods of time to perform
maintenance on or to repair the Easement Area.
reasonable rules
Easement Area by
shall include the
les and Regulations
Area Owner shall ha
and regulations to
the Easement Users,
following:
le to Easement
ve the rignt to set
govern the access to the
which rules and regulations
(a) Easement Users may be required to show a valid California
driver's license to the gate guard proving residency in the City
in order to enter upon the Easement Area;
(b) Easement Users may be required to furnish proof of
automobile liability insurance prior to entering upon the
Easement Area;
(c) Access shall be permitted to Easement Users between the
hours of 8:00 A.M. and one-half hour before sunset, but in no
event later than 8:00 P.M.;
(d) Only automobiles shall be permitted access to the Easement
Area;
(e) Each automobile must contain at least one resident of the
City; and
(f) Easement Users shall not do or permit anything to be done
in, on or about the Easement Area which will in any way conflict
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or interfere with the quiet enjoyment of Other Easement Area
Users, or which shall in any way injure or annoy Other Easement
Area Users.
Section 3.04 - Rules and Regulations Applicable to Easement Users
and Other Easement Area Users. Neither Easement Users nor Other
Easement Area Users shall use the Easement Area nor permit
anything to be done in, on or about the Easement Area which will
in any way conflict with any law, statute, ordinance or
governmental rule or regulation or requirement of duly
constituted public authorities now in force or which may
hereafter be in force. Easement Area Owner shall have the right
pursuant to the Declaration to promulgate additional rules and
regulations to be applied to Easement Users and Other Easement
Area Users, subject to prior approval by the City.
Section 3.05 - Limited Liability. Nothing contained in this
Offer to Grant will create liability in Company or any other
Easement Area Owner for any damage or injury to or loss of any
type to persons or property of any Easement User unless caused by
the gross negligence or willful misconduct of Company or such
other Easement Area Owner, respectively.
ARTICLE IV
GENERAL PROVISIONS
Section 4.01 - Enforcement. The easement rights and the
covenants, conditions and restrictions contained in this Offer to
Grant may be enforced by any available remedy by Easement Area
Owner and by City for the benefit of Easement Users.
Section 4.02 - No Waiver. Failure to enforce any covenant,
condition, restriction or reservation contained in this Offer to
Grant in any certain instance or on any particular occasion
shall not be deemed a waiver of such right on any such future
breach of the same or any other covenant, condition, restriction
and reservation.
Section 4.03 - Cumulative Remedies. All rights and remedies
under this Offer to Grant are cumulative, and no one of them
shall be exclusive of any other, and Easement Area Owner and the
City for the benefit of Easement Users shall have the right to
pursue any one or all of such rights, options and remedies or any
other remedy or relief which may be provided by law, whether or
not stated in this Offer to Grant.
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4t8-308036
Section 4.04 - Severability. Invalidation of any portion of this
Offer to Grant by judgment or court order shall in no way affect
any other provisions which shall remain in full force and effect.
Section 4.05 - Easement in Gross. The non-exclusive limited
access easement for automobile access over the Easement Area
shall be an easement in gross which shall burden the Easement
Area.
Section 4.06 - Construction. The Article and Section headings
have been inserted for convenience only, and shall not be
considered or referred to in resolving questions of
interpretation or construction.
Section 4.07 - Singular Includes Plural. Whenever the context of
this Offer to Grant requires the same, the singular shall include
the plural and the masculine shall include the feminine and the
neuter.
Section 4.08 - Attorneys' Fees. In the event action is
instituted to enforce any of the provisions contained in this
Offer to Grant, the party prevailing in such action shall be
entitled to recover from the other party thereto reasonable
attorneys' fees and costs of such suit as determined by the court
or by arbitration as part of the judgment.
Section 4.09 - Governing Law. This Offer to Grant shall be
construed in accordance with the laws of the State of
California.
Section 4.10 - Notices. Any notice to be given to the City,
Company or other Easement Area Owner under the provisions of this
Offer to Grant shall be in writing and shall be deemed to have
been properly delivered when personally delivered or delivered to
a common carrier for personal delivery to the addressee, or
placed in the United States mail, postage prepaid or delivered to
a person giving such notice by electronic means. Any such notice
shall be directed to the address of the party to whom intended as
follows:
If to City:
If to Company:
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City of San Juan Capistrano, California
32400 Paseo Adelanto
San Juan Capistrano, California 92675
to the business office of Company, which
as of the recordation of this Offer to
Grant is:
33971 Selva Road, #130
Laguna Niguel, California 92677
88-308036
If to any other
Easement
Area Owner: to the address of its principal place of
business.
Any party may change the address to which such communications are
to be directed to it by giving a written notice to the other
parties in the manner provided for the delivery of notices in
this Section.
IN WITNESS WHEREOF, Company has executed this
instrument the day and year first herein above written.
MARBELLA DEVELOPMENT COMPANY, a
California general partnership
By: THE FAIRWAY'iE"D COMPANY, a
Delaware corp ration, Partner
By: BACCARAT ELECTRONICS, INC., a
California corporation,
Partner
By:
By:
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88-308036
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On June 27 , 1988 before me, the undersigned, a
Notary Public in and for said State, personally appeared
Jon T. Brown , personally known
to me or proved to me on the basis of satisfactory evidence to be
the person(s) who executed the within instrument as
President on behalf of THE FAIRWAY LAND COMPANY, the
corporation that executed the within instrument on behalf of
MARBELLA DEVELOPMENT COMPANY, the partnership that executed the
within instrument, and acknowledged to me that such corporation
executed the same as a partner and that such partnership
executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
N tary Public in and f / said State
v
On , 1988 before me, the undersigned, a
Notary Public in and for said State, personally appeared
, personally known
to me or proved to me on the basis of satisfactory evidence to be
the person(s) who executed the within instrument as
on behalf of BACCARAT ELECTRONICS, INC., the
corporation that executed the within instrument on behalf of
MARBELLA DEVELOPMENT COMPANY, the partnership that executed the
within instrument, and acknowledged to me that such corporation
executed the same as a partner and that such partnership
executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State
[SEAL]
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If to any other
Easement
Area Owner:
to the address of its principal place of
business.
Any party may change the address to which such communications are
to be directed to it by giving a written notice to the other
parties in the manner provided for the delivery of notices in
this Section.
IN WITNESS WHEREOF, Company has executed this
instrument the day and year first herein above written.
MARBELLA DEVELOPMENT COMPANY, a
California general partnership
By: THE FAIRWAY LAND COMPANY, a
Delaware corporation, Partner
By:
By:
By: BACCARAT ELECTRONICS, INC., a
California corporation,
Partner
By: G �-
By:
6
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STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
88-308036
On , 1988 before me, the undersigned, a
Notary Public in and for said State, personally appeared
, personally known
to me or proved to me on the basis of satisfactory evidence to be
the person(s) who executed the within instrument as
on behalf of THE FAIRWAY LAND COMPANY, the
corporation that executed the within instrument on behalf of
MARBELLA DEVELOPMENT COMPANY, the partnership that executed the
within instrument, and acknowledged to me that such corporation
executed the same as a partner and that such partnership
executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State
[SEAL]
STATE OF CALIFORNIA
) ss.
COUNTY OF '.SANTA )
CLARA 24th
On June , 1988 before me, the undersigned, a
Notary Public in and for said State, personally appeared
JOHN D. SALERA , personally known
to me or proved to me on the basis of satisfactory evidence to be
the person(s) who executed the within instrument as
Vice Presidenton behalf of BACCARAT ELECTRONICS, INC., the
corporation that executed the within instrument on behalf of
MARBELLA DEVELOPMENT COMPANY, the partnership that executed the
within instrument, and acknowledged to me that such corporation
executed the same as a partner and that such partnership
executed the same.
WITNESS my hand and official seal.
am
L SEAL. BELLAc-CaliforniaA COUNTY Nov. 13, 1990 Not Public in and for said State
Comm. Expires 11-13-90
[SEAL]
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Exhibit "A"
CERTIFICATE OF ACCEPTANCE OF
IRREVOCABLE OFFER TO GRANT ACCESS EASEMENT
This is to certify that the attached Irrevocable Offer
to Grant Access Easement is hereby accepted by the City as of the
day of , 1988.
CITY OF SAN JUAN CAPISTRANO, a
municipal corporation
By:
Anthony L. Bland, Mayor
Dated: , 1988 ATTESTED:
Mary Ann Hanover,
City Clerk
Dated: , 1988 APPROVED AS TO FORM:
By:
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John R. Shaw,
City Attorney
- 88-308036
CERTIFICATE OF ACCEPTANCE
This is to certify that the attached document is
hereby accepted for purposes of recordation only. This
acceptance is not to be construed in any way as an acceptance of
the Offer to Grant embodied in the within document.
Dated: � , 1988 By:
Joh . Shaw,
Ci Attorney
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