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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"). FS2\119\016448-0001\2147759.4 a01/24/96 [ATT. NO. 2 TO EXH. A - PAGE 1 OF 101 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"). FS2\119\016448-0001\2147759.4 a01/24/96 [ATT. NO. 2 TO EXH. A - PAGE 1 OF 101 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. FS2\119\016448-0001\2147758.4 a01/24/96 [ATT. NO. 2 TO EXH. A - PAGE 2 OF 101 0 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] FS2\119\016448-0001\2147758.4 a01/24/96 [ATT. NO. 2 TO EXH. A — PAGE 3 OF 101 0 0 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 Fs2\119\016448-0001\214�758.4 a01/24/96 [ATT. NO. 2 TO EXH. A — PAGE 4 OF 101 "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] FS2\119\016448-0001\2147758.4 a01/24/96 [ATT. NO. 2 TO EXH. A — PAGE 5 OF 101 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 Fs2\11e\016448-0001\2147758.4 .01/24/96 [ATT. NO. 2 TO EXH. A - PAGE 6 OF 101 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 FS2\119\016448-0001\2147758.4 .01/24/96 [ATT. NO. 2 TO EXH. A - PAGE 7 OF 101 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 FS2\119\016448-0001\2147758.4 .01/24/96 [ATT. NO. 2 TO EXH. A - PAGE 8 OF 101 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] F52\119\016448-0001\2147758.4 x01/24/96 [ATT. NO. 2 TO EXH. A - PAGE 9 OF 101 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] FS2\119\016448-0001\2147758.4 a01/24/96 [ATT. NO. 2 TO EXH. A — PAGE 10 OF 101 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