1993-0401_NORDECK, STEPHEN_Grant of Easement for Public Parking_93-0214246MWRDING REQUESTED ffy
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UCC # 93-0214246
01—APR-1993 08:00 AM
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Recorded in Official Records
WHEN RECORDED MAIL TO:
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of Orange County, California
Lee A. Branch, County Recorder
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San Juan Capistrano Community
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Pax 1 of 6 Fees: i 0.00
Redevelopment Agency
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Tax: f 0.00
32400 Paseo Adelanto
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1 ..
San Juan Capistrano, CA 92675
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Attention: Agency Secretary
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[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.
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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
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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
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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.
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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)
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