Loading...
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 IM ■► FA Iva MEMO �s fyi t