1996-0325_SAN JUAN PARTNERS_Grant of Easement_19960143922RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Agency Secretary
9563666 -- f,3
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
IIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIillllllll111111111111111111 No Fee
19960143922 04; 30PM 03/25/96
005 10005675 10 24
E01 11 7.00 30.00 0.00 0.00 0.00 0.00
[Space above for Recorder.]
This Agreement is recorded at the request and for the
benefit of the San Juan Capistrano Community
Redevelopment Agency and is exempt from the
payment of a recording fee pursuant to Government
Code § 6103.
SAN JUAN CAPISTRANO COMMUNITY
RE�ITAI��
A. San Juan Partners, a California general partnership, the grantor herein ('Grantor"),
is the fee owner of certain real property located in the City of San Juan Capistrano, California, legally
described in Exhibit No. 1 attached hereto and incorporated herein by this reference (the 'Property").
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REDEVELOPMENT AGENCY
By: // 61 -la 149A
61 V
Its:
THIS INSTRUMENT FILED FOR RECORD BV
Dated:
FIRST AMERICAN TITLE INSURANCE COMPANY AS AN
AC IT HAS tCT BEEN EXAWNIED AS
6ONLY
xEG7T10N ON OR AS TO ITS EFFECT UPTHE TRIES
RE�ITAI��
A. San Juan Partners, a California general partnership, the grantor herein ('Grantor"),
is the fee owner of certain real property located in the City of San Juan Capistrano, California, legally
described in Exhibit No. 1 attached hereto and incorporated herein by this reference (the 'Property").
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0 0
B. The City of San Juan Capistrano ("City"), a grantee herein, is a municipal corporation.
The Property is located within the City's Historic Town Center ("HTC") Area, and is subject to the
City's HTC Master Plan.
C. The San Juan Capistrano Community Redevelopment Agency ("Agency"), a grantee
herein, is a public body, corporate and politic, organized and existing under the California Community
Redevelopment Law (Health & Safety Code §33000 gt =.). The Property is also located within the
Agency's San Juan Capistrano Community Redevelopment Project Area ("Project Area"), and is
subject to the Redevelopment Plan for the Project Area.
D. By Grant Deed, recorded concurrently herewith, in the Office of the Orange County
Clerk -Recorder, Agency conveyed the Property to Grantor.
E. Grantee City and Grantee Agency (hereinafter "Grantees") desire to obtain a perpetual
easement for public parking purposes upon the Property.
F. Grantor desires to grant such easement subject to the terms and conditions herein.
ASi&EEMENI
NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and
promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, Grantor and Grantees agree as follows:
1. Grantor hereby grants to Grantees a perpetual easement in, on, over, under, through,
and about the entirety of the Property for ingress and egress of pedestrian and vehicular traffic and
for vehicular parking.
2. The Grant of Easement set forth in Paragraph 1 herein shall be subject to the following
conditions:
(a) Grantees' use of the Property for vehicular parking purposes shall be for the
benefit of the general public. Vehicular parking shall be in undesignated spaces seven days a week
during the hours of 6:00 a.m. to 6:00 p.m., subject to time regulations as Grantees may prescribe.
Grantor shall be permitted to use not more than one-half ('/2) of the public parking spaces on the
Property as designated parking spaces for patrons of such businesses as Grantor may designate.
Grantor's designation shall not affect the ability of Grantees to regulate the hours of use. Grantor
shall be permitted to exclude vehicular public parking from the Property and use the Property for
special events (e.g., Swallows Day, Rancheros Day, Fourth of July, etc.) upon not less than fourteen
(14) working days and subject to any applicable laws, ordinances, and regulations.
(b) Grantor and Grantee shall each have the affirmative obligation at all times to
bear fifty percent (501/6) 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.
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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.
(c) Except as provided in subparagraph (b) of this Paragraph 2 with respect to
maintenance, 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 Property without the prior written consent of Grantees or Grantees' successors
and assigns.
(d) The easement acquired herein by Grantees is 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 Grantees.
3. Grantor shall indemnify, defend, and hold Grantees, and their officers, officials,
members, employees, and agents, harmless from all claims or suits for any damages to property or
injuries to persons, including accidental death, which may be caused by Grantees' use of the Property
for the permitted purposes set forth herein and which is the result of any error or omission by Grantor
or any of its partners, principals, employees, agents, contractors, or subcontractors.
4. The covenants of Grantor contained herein, without regard to technical classification
or designation, shall be burdens upon and run with the Property for the benefit of Grantees and
Grantees' successors and assigns and shall be binding upon the Grantor and upon Grantor's
successors, assigns, lessees, licensees, and tenants.
[end - signature pages follow]
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IN WITNESS WHEREOF, Grantor and Grantees have executed this Grant of Easement this
154h day of Fe -b raa Y u 19Y.4,
"GRANTOR"
SAN JUAN PARTNERS, a California general
partnership
By:
tephen A. Nordeck
General Partner
APPROVED AS TO FORM:
CORBETT & STEELMAN
Ken E. Steelman
David F. Brown
Lo
"GRANTOR"
SAN JUAN PARTNERS, a California general
partnership
13�-
By: l
Gilbert G. Aquirre
General Partner
"GRANTOR"
SAN JUAN PARTNERS, a California general
partnership
LE
R. Moiso
Partner
"GRANTOR"
SAN JUAN PARTNERS, a California general
partnership
By: 4q,c V %lQ C
Richard J. O'N
General Partn
Ken E. Steelman
Attorneys for San Juan Partners
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"GRANTEE CITY"
CITY OF SAN JUA
L-2
ATTEST:
APPROVED AS TO FORM:
By k�l,. - /� 11f, L � k
'chard K. Denhalter a !x 76
City Attorney
SAN JUAN CAPISTiRANO COMMUNITY
ATTEST:
E.
APPROVED AS TO FORM
By
Richard K. Denhalter 411 96
Agency General Counsel
[end of signatures]
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STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On before me, the undersigned, a Notary Public, in and
for said State and Coun , , ersonally appeared STEPHEN A. NORDF. K, personally known to me
(or 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.
WITNESS my hand and official seal.
(SEAL) EMMY LOU JOLLY-VANN
�= COMM. # 10318%
Notary Public — California
ORANGE COUNTY
My Comm. Expires JUL 7, 1998
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
Not Vlblic
Ono r„ to , /% 9' & before me, the undersigned, a Notary Public, in and
for said State and CounAfl appeared GILBERT G. AOO1jIIRRF personally known to me
(or proved to me on thirbasis 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.
WITNESS my hand and official seal.
Notary Pylbjic (/
(SEAL) EMMV LOU JOLLY -VENN v
COMM. 0 1031895 z
Notary Public — California s
ORANGE COUNTY
My Comm. Exphes JUL 7. 1998
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r
•
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
•
G P/96, before me, the undersigned, a Notary Public, in and
for said State and Cot �i personally appeared ANTHONY R. MOISO, personally known to me (or
proved to me on the ba ' 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.
WITNESS my hand and official seal.
EMMY LOU JOLLY•VANN
(SEAL) COMM. # 1031895
Notay Public — COBtomia 3
ORANGE COUNTY
MY Comm. Expires JUL 7, 1998
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
G'�
Notary7Ac rj j
On before me, the undersigned, a Notary Public, in and
for said State and County, a on y appeared RICHARD J. O' , personally known to me (or
proved to me on the basis 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.
WITNESS my hand and official seal.
t
Notary P c
(SEAL)EMMY LOU JOLLY•VANN
coMM. i 1o31e9s
Notary PubBc — CoNTorMo i
ORANGE COUNTY
QPAY Comm. Expires JUL 7, 1998
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0 0
Lot 25 or Tract 103, in the City of San Juan Capistrano, as shown on a map recorded in Book 11,
Page 29 to 33 inclusive, Miscellaneous Maps, Orange County.
Assessor Parcel No.: 124-160-22
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9
.I allyn► :►e •ulull►I I WAU 9 RJWTJW91'051 ► ►
The undersigned, being the duly appointed agent of SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"),
12z/9
pursuant to its Resolution No. 15 -/0 -f9 -J , does hereby accept on behalf of the Agency, the grant
of all interests in real property for public purposes as described in the attached GRANT OF
/o
EASEMENT, dated the /5' day of /�hrijarj 1991, by San Juan Partners, a California
general partnership, and does hereby certify that the Agency consents to the recordation of the
attached Grant of Easement.
DATED: Gebrxag /S 199,9
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY
By:
Its:
[SEAL]
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The undersigned, being the duly appointed agent of CITY OF SAN JUAN CAPISTRANO,
a municipal corporation ("City"), pursuant to its Resolution No.95 /D-/� 3 does hereby accept on
behalf of the City, the grant of all interests in real property for public purposes as described in the
attached GRANT OF EASEMENT, dated the //61�' day ofFele, 194 by San Juan
Partners, a California general partnership, and does hereby certify that the City consents to the
recordation of the attached Grant of Easement.
DATED: / Ok rt Q I /s 1995
CITY OF SAN JUAN CAPISTRANO
By: (/&ez� �" —
Its: C:/Ye�
[SEAL]
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PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On February 15. 1996 before me, Cheryl Johnson ,
City Clerk, personally appeared --- George Scarborough ---
personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacities, and that
by his signature on the instrument the persons, or the entities
upon behalf of which the person acted, executed the
instrument.
(SEAL)
WITNESS my hand and official seal.
OPTIONAL
Capacity Claimed by Signer
Municipal Corporate Officer
City Manager/Agency Executive Director
Title
Signer is Representing
City of San Juan Capistrano and
Community Redevelopment Agency
Description of Attached Document
Grant of Easement
Title or Type of Document
Ten
Number of Pages
February 15, 1996
Date of Document
Stephen Nordeck. Gilbert Aquirre_ Anthony
Moiso. Richard ONeill
Signer(s) Other Than Named Above