15-0218_ACCRETIVE SAN JUAN PARTNERS, LLC_Grant of Temporary Emergency Access_2015000101338 �o
RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto Recorded in Official Records, Orange County
San Juan Capistrano, CA 92675 Hugh Nguyen, Clerk-Recorder
AND WHEN RECORDED, MAIL TO: I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE
* $ R 0 0 0 7 3
Maria Morris, City Clerk 201500010133810:16 am 02126115
City of San Juan Capistrano 105 409 E01 9
32400 Paseo Adelanto 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00
San Juan Capistrano, CA 92675
Exempt from Recording Fees.
Gov Code 27383 & 6103
City of San Juan Capistrano
This Space for Recorder's Use Only
PROJECT NAME OR NUMBER:
Documentary Transfer Tax
No Tax Due
RECORDING REQUESTED PER a'
GOVERNMENT CODE, SEC. 6103
Maria Morris, City Clerk
Grant of Temporary Emergency Access
RECITALS
A. ACCRETIVE SAN JUAN PARTNERS, LLC, a California limited liability company
("Owner") is the owner of real property located in San Juan Capistrano, California more
particularly described on Exhibit "A" attached hereto and commonly referred to as "Site 217"
("Site 217"). Owner previously granted the City certain access rights for City vehicles over
portions of Site 217 pursuant to the Grant of Access executed by Owner and City and recorded
as Instrument No. 2014000275030 on July 10, 2014 in the Official Records of Orange County,
California dated as of May 5, 2014 (the "Grant of Access").
B. Owner is developing Site 217 with a commercial project. Due to the construction
activities on Site 217, and in recognition that Site 217 is an active construction site, Owner has
exercised its rights under the Grant of Access to temporarily restrict City's access over portions
of Site 217 under the Grant of Access.
C. To facilitate and comply with Condition of Approval City Resolution Number 13-09-24-02,
Item 3.8 for the use of an emergency access road for City's police, fire and other emergency
responders in a safe manner during the period that access under the Grant of Access is
restricted due to construction on Site 217, Owner and the City have agreed on the terms of a
temporary emergency access right, all as set forth herein.
4902951.2
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ACCRETIVE SAN JUAN PARTNERS, LLC, a California limited liability company, ('GRANTOR")
does hereby grant to City of San Juan Capistrano, a California municipal corporation
("GRANTEE"), a temporary non-exclusive right of access in, on and over the portion of Site 217
generally depicted on the sketch attached as Exhibit"B" (the "Emergency Access Road")for the
limited purposes of ingress, egress and access by police, paramedic, fire and other emergency
vehicles (collectively, "Emergency Purposes") pursuant to the Condition of Approval City
Resolution 13-09-24-02, Item 3.8 "Emergency Access Road." Grantor will more particularly
identify the Emergency Access Road by signage or other reasonable means on Site 217. From
time to time during the term of the temporary access, Grantor shall have the right to adjust the
physical location of the Emergency Access Road as necessary or appropriate to accommodate
construction activities on Site 217, provided that (a) Grantor designates the adjusted location
(by signage or other means) on Site 217 and (b)there is no lapse in time between when access
begins over the relocated Emergency Access Road and ends over the prior Emergency Access
Road.
The Grant of Temporary Emergency Access, and the right of police, paramedic, fire and
other emergency vehicles ("Permitted Users") to use the Emergency Access Road for
Emergency Purposes under the Grant of Temporary Emergency Access , shall commence upon
the date of this Grant of Temporary Emergency Access and shall terminate automatically and
be of no further force or effect upon the Grantor's completion of its development of the
commercial project on Site 217; provided that the Grant of Temporary Emergency Access shall
not terminate unless Grantor has removed the construction fencing or other such barriers by
which access has been restricted over Site 217 under the Grant of Access during Owner's
construction of the commercial project.
City, its successors and assigns, shall save, indemnify, defend and hold harmless
Owner/GRANTOR, its contractors performing work on Site 217, and their respective successors
and assigns against any liability, loss, cost, damage, and expense caused by-or arising from-
acts of negligence or omissions of City or its successors and/or assigns, including, but not
limited to, any liability, loss, cost, damage and expense arising from damage to or destruction of
real and personal property or injury to or death of any person. City's obligations under this
paragraph shall survive the termination or expiration of this Grant of Temporary Emergency
Access.
All exhibits attached hereto are incorporated as if set forth in full herein. The rights
granted herein are subject to the right of Owner/GRANTOR, its successors, and assigns, to use
the Emergency Access Road for purposes that do not unreasonably interfere with and do not
block the access rights herein granted over the then Emergency Access Road. Each person
executing this document represents that such person is authorized to execute this document on
behalf of the party on behalf of whom the person is executing this document and that such party
has duly authorized the execution of this document. This instrument shall not be construed
against Owner/GRANTOR or City as the "drafting party" and shall have a neutral construction.
4902951.2 2
The terms, covenants and conditions of this document shall be binding upon and inure to the
benefit of the successors and permitted assigns of Owner/GRANTOR and City.
GRANTOR
Name ACCRETIVE SAN JUAN PARTNERS, LLC, a California limited liability company
Address c/o Accretive Realty Advisors, Inc., 19752 MacArthur Blvd., Suite 240, Irvine, CA 92612
ACCRETIVE SAN JUAN PARTNERS, LLC,
a California limited liability company
BY: Accretive Realty Investments, LLC, a
California limited liability company, its
managing member
By: Accretive Realty Advisors, Inc.,
a California forporat' n,
its sole m er
By:_
Name: I h6mas LeBeau
Title: President
I/ 1
Date Signe
ATTEST:
(Attach All-Purpose Acknowledgement)
4902951,2 3
STATE OF CALIFORNIA )
) SS.
COUNTY OF r )
On �O�leCA'C t- �l 2014 before me, A i y1p Notary
Public, personally appearedr who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
9
Signa (seal)
JEANINE MILLER
COMMISSION M 20160113 C
Notary Pubk•Caftmia
ORANGE COUNTY
My Comm EMpm Apr,6 20176
4902951 2 4
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by that certain Grant of Temporary
Emergency Access attached hereto from Accretive San Juan Partners, LLC, A California
Limited Liability Company to the City of San Juan Capistrano is hereby accepted by the
undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its
duly authorized officer.
Dated: Z 1 ?� S
GRANTEE
City of San Ju Capistrano
en P. Brunt
City Manager
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On February 18, 2015, before me, Maria Morris, City Clerk, personally appeared
Karen P. Brust, City Manager, who proved to me on the basis of satisfactory evidence to the be
person whose name is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity,and that by his/her/there signature
on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
Wl -, my hand and official seal.
Maria M rt's, City C rk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
City Manager Grant of Temporary Emergency Access
(temporary accrss)
Title Project Name: Medial Office Building
Project Parcel Nos: 650-592-01 and 02
Signer is Representing
City of San Juan Capistrano
EXHIBIT "A"
LEGAL DESCRIPTION OF SITE 217
That certain real property located in the City of San Juan Capistrano, County of Orange, State of
California, more particularly described as:
ALL OF LOT 217 OF TRACT MAP 12954, AS PER MAP FILED IN BOOK 597, PAGES 1
THROUGH 34, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY CLERK-
RECORDER OF SAID COUNTY.
4902951.2 FJ
EXHIBIT "B"
DEPICTION OF TEMPORARY EMERGENCY ACCESS ROAD
4902951. 26
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