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1993-0401_NORDECK, STEPHEN_Grant of Easement for Public Parking_93-0214246MWRDING REQUESTED ffy rMA ERICAN 11TLE N95WM OOiPOff UCC # 93-0214246 01—APR-1993 08:00 AM C�) Recorded in Official Records WHEN RECORDED MAIL TO: ) of Orange County, California Lee A. Branch, County Recorder \ San Juan Capistrano Community ) Pax 1 of 6 Fees: i 0.00 Redevelopment Agency j Tax: f 0.00 32400 Paseo Adelanto ) 1 .. San Juan Capistrano, CA 92675 ) Attention: Agency Secretary ) [Space Above For Recorder's Use] This document is recorded for the benefit of the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY. The recording fee is exempt under Section 6103 of the Government Code. NO CONSIDERATION. tL�....' IF W? d GRANT OF EASEMENT FOR PUBLIC PARKING R E C I T A L S Grantor is the fee owner of certain real property located in the City of San Juan Capistrano, California, legally described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"). Grantee desires to obtain an easement for public parking upon the Property. Grantor desires to grant such easement to Grantee in exchange for Grantee agreeing to share on a pro rata basis the maintenance and any improvement cost of the parking lot upon the Property during the term of such easement. On January 19 , 1993, Grantor and Grantee entered into a certain Disposition and Development Agreement ("Agreement") whereby Grantee conveyed title to the Property to Grantor. Pursuant to the terms of the Agreement, Grantor shall grant to Grantee a perpetual easement for public parking permitting unrestricted public parking upon the Property during the hours set forth herein. 4672Q/2299/00 Page 1 of 6 or NOW THEREFORE, FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, STEPHEN A. NORDECK, an individual ("Grantor"), hereby irrevocably grants and conveys to the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic ("Grantee"), a perpetual non-exclusive easement for ingress and egress of pedestrian and vehicular traffic in, over and across, the vehicular parking upon the Property subject to the terms more particularly set forth below. Terms 1. The right to use the easement granted by Grantor shall be for the benefit of the general public for public parking in undesignated spaces seven days a week during the hours of six a.m. to six p.m, and as permitted by Grantee and/or the City of San Juan Capistrano (the "City"). 2. The easement acquired herein is acquired subject to the right of Grantor, its successors and assigns, to use the Property to the extent that such use is compatible with the full and free exercise of the easement by Grantee. 3. Except as provided in Paragraph 4 below, no fence or other barrier which would unreasonably prevent or obstruct the passage of pedestrian or vehicular travel for the purposes of ingress and egress shall be erected or permitted within or across the easement without the prior written consent of the Grantee or Grantee's successors and assigns. 4. Subject to Paragraph 6 below, Grantor reserves the right, with respect to the Property to temporarily close off a portion of the access in order to repair, replace, change or maintain any portion of the easement. 5. Grantee agrees, at its sole cost and as consideration for this grant of easement by Grantor, to patch and repair those unpaved portions of the easement area from which bungalows were previously removed. 6. Grantor and Grantee shall each have the affirmative obligation at all times to bear fifty percent (50%) of all costs incurred in repairing and maintaining the easement in a fully serviceable, level and safe condition consistent with community standards for public parking areas. Grantor agrees at its sole cost to provide for the routine cleaning and sweeping of the easement and adjacent land areas and to keep such areas free and clear of all debris and rubbish. 7. Grantee shall defend, assume all responsibility for, and hold the Grantor, its employees and agents, harmless from all claims or suits for any damages to property or injuries to 4672Q/2299/00 Page 2 of 6 0 0 persons, including accidental death which may be caused by Grantee's use of the easement area for public parking; provided, however, that Grantee shall not be liable for such property damage or bodily injury occasioned by the sole negligence of Grantor, Grantor's patrons, or its employees or agents. 8. This Grant of Easement shall become effective upon its recordation with the Recorder of the County of Orange and shall not be terminated except upon the written consent of Grantee or Grantee's successors and assigns. 9. The covenants of Grantor contained herein shall be burdens upon and run with the Property for the benefit of the Grantee and Grantee's successors and assigns and shall be binding upon the Grantor and upon the Grantor's successors and assigns and tenants. IN WITNESS WHEREOF, this instrument has been executed this 19th day of January 1993. A. NORDECK, an individual n . A 4672Q/2299/00 Page 3 of 6 • 0 EXHIBIT A LEGAL DESCRIPTION Lot 26 of Tract 103, in the City of San Juan Capistrano, as shown on a map recorded in Book 11, Pages 29 to 33 inclusive, in the office of the Orange County Recorder. The property is further identified as Assessor Parcel 124-160-121. 4672Q/2299/00 Page 4 of 6 9 0 STATE OF CALIFORNIA ss. COUNTY OF ORANGE on T-ftAm4eY Q� 013 , before me, /{'Fb tg /J7. e1-6VKE 4okv� A10TI7-9'-4 PULL L '(namb, title, e.g., "Jane Doe, Notary Public"), personally appeared STEPHEN A. NORDECK (name0q of signer(§,), _ �esser+all�e�re--fie rr�^ - ^n --- 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. w, .��. ;�� // �i III 1�%�� �__ �►_ CAPACITY CLAIMED BY SIGNER: individual Corporate Officer(s): Title(s) Partner(s): Limited General Attorney -in -Fact Trustee(s) _ Guardian/Conservator Other: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) H7/h8a-I- ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE Title or Type of Document &R/�/✓> OF MUST BE ATTACHED �}SEmt ,V7 FOR Poet j2_ PARRV&- TO THE DOCUMENT Number of Pages 'S DESCRIBED Date of Document / / �9 3 AT RIGHT: Signer(s) Other Than Named Above: GRROLxf / AOftW 4672Q/2299/00 Page 5 of 6 CERTIFICATE OF ACCEPTANCE The undersigned, being the duly appointed agent of SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), Orange County, California, pursuant to its Resolution No. 93-1-91-1 , does hereby accept on behalf of the Agency, the grant of all interests in real estate for public purposes as described in the attached Grant of Easement dated the 19th day of January , 1993, by STEPHEN A. NORDECK, an individual, and does hereby certify that the Agency consents to the recordation of the attached Grant of Easement. DATED: January 19 , 1993 SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY /,� )7�� Its: Cha rman (SEAL) 4672Q/2299/00 Page 6 of 6