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15-1224_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Easement Deed Ob RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Morris, City Clerk Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder 32Cit400 Paseo of San uAdelaan n otrano 11 �Illdlll lllllllll lll'llllllllllllll ull llll Illlll[l jjjfj NO FEE San Juan Capistrano, CA 92675 E R 0 0 0 e 0 a 7 a e i s . 20150006479618:10 am 12/24/15 Exempt from Recording Fees: 62 411 E01 A04 9 Gov Code 27383 & 6103 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 City of San Juan Capistrano This Space for Recorder's Use Only PROJECT NAME OR NUMBER: Qt Do mentaryTransferTax �P No x D R C D G REQUESTED PER NY G V ENT CODE, SEC. 61 3 Ma City Cler EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Pacific Point Development Partners LLC, a Delaware limited liability company ("Grantor') does hereby grant to City of San Juan Capistrano, a CalHomia municipal corporation ("GRANTEE"), a perpetual non-exclusive easement and right-of-way in, over, under, upon, along, through and across the real property, commonly known as "Tract 16750 Lot l" (Assessors Parcel Number 675-351-17), situated in the City of San Juan Capistrano, County of Orange, State of California, as described in Exhibit "A" and shown on (sketch) Exhibit 'B" attached hereto and by this reference made a part hereof(the "Easement Area"). Such easement and right-of-way shall be for the operation, replacement and relocation within the Easement Area of the City of San Juan Capistrano Utility Facilities that are above or below ground of the easterly property line. Such easement can be used for the City Utility purposes, including, without limitation, the right to 1 enter upon, pass, re-pass along said land; to lay, construct, reconstruct, remove, replace, renew, inspect, maintain, repair, improve, relocate, fill or re-grade, and otherwise use Utility facilities; to deposit tools, implements and other materials during said work, together with such connections, structures and facilities incidental thereto. Grantor also grants Grantee perpetual non-exclusive access over the real property described on Exhibit "A" and shown on Exhibit "B" to the Easement Area for the purposes of Grantee exercising its rights over the Easement Area. Grantee shall have the right to use gates in all of Grantors'fences which presently or hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface of the easement area for such purposes which do not unreasonably burden the rights herein granted over the Easement Area, and provided further that Grantor, its successors and assigns shall not, without the prior approval of the City of San Juan Capistrano: 1. Construct or place any improvement or structure within the Easement Area. 2. Place upon or remove from the Easement Area any earth or material. 3. Place any fence or blocking access to the Easement Area. 2 Pacific Point Development Partners LLC, a Delaware limited liability company c/o Taylor Morrison Pack Point Holdings, LLC 100 Spectrum Center Drive, Suite 1450 Irvine, CA 92618 By: Taylor Morrison Pacific Point Holdings, LLC Its: Managing MemberrMOO-- q By: l � OO- — Its: U\(.0 Qa�StQ—rnf� ATTEST: (Atl M N6PuMase Acknowledgement) 3 ACKNOWLEDGMENT 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 e Oran County of g On November 25, 2015 before me, Ashley Jean Moelter, Notary Public (insert name and title of the officer) personally appeared Tom Baine 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. ASHLEY JEAN WELTER WITNESS my hand and official seal. commission r 2116963 NMrtY Public-Ctlyornh Orange County A Comm.Ei Iroe Jun 23 2019 r Signature � /�- (Seal) EXNIBTT"A" LEGAL DBSCRIPTION A strip of land 10.00 wide, in the City of San Juan Capistrano,County of Orange,State of California,being a portion of Lot I of Tract No. 16750,as shown on a map filed in Book 883,Pages 1 through 10,inclusive,of Miscellaneous Maps,in the office of the County Recorder of said county,the southerly line being described as follows: Commencing at southwesterly terminus of the certain course"N 40°05'11"E 1038.93' shown along the southeasterly fine of said Lot 1;thence along said southeasterly line North 40°05'11"East 16.26 feet to a line that is parallel and distant northeasterly 15.00 feet from the southwesterly fine of said Lot I and the True Point of Beginning; thence along said parallel line North 72"3649"West 10.00 feet to the terminus of this description. The northerly line of said strip to terminate southeasterly in said southeasterly line of Lot I. Containing an area of 121 square feet,more or less. As shown on Exhbit'B"attached hereto and by this reference made a part hereof. F� j Charles R Trip! p Charles R.Tripi,L.S.No.7299 No.7299 Date: ///03�Z0/$ \P CFC October 19,2014 W.0.3868-1 Page I of 1 H&A Legal No.8597 Prepared by:C.Trlpi Checked by:R.Wheeler EXHIBIT "B" Sketch to Accompany Legal Description h.y r /•.. • (7) TRACT NO. 16750 A f 3p. LOT I SEE SHEET 2 : 1 A f� M.M. 883/1-10 �A EASEMENTS FOR ROAD, PIPELINE AND POWERLINE PURPOSES PER O.R. 2014/476; IMO T CA 1••„ FOR PIPELINES PURPOSES PER O.R. 0 13036/1155-1158; FOR .J MAINTENANCE OF EASEMENTS PURPOSES PER O.R. 9537/195; FOR INGRESS, EGRESS AND WATER SYSTEM, PUBLIC UTILITY AND SEWER PURPOSES DEDICATED ON TRACT NO 16750, M.M. 883/1-10 HUNSAKER & ASSOCIATES 1 R V I N E , I N C . WATER EASEMENT Tha Ffut1K+•kvM:e, G 9Q610•Rt"SOYtOtO•F7C b49)Ss1W99 OILY OF SAN AUIW CAPIMM06 COUNTY OF ORANGE,STATE OF CALWORMA DAM 10/19/15 1 RAX $'",�°C.TRIPI ax° R.WHEELER SCALE: 1'= 100' W.O. 3868-1 F"E`I: Pacific Point LD 8597 \SHTOl.dwg H&A LEGAL NO. 8597 JISHEET 1 OF 1 EXHIBIT B Sketch to Accompany Legal Description TRACT NO. 16750 LOT I f � CA SCM q'%A 12, SQUARE14.18, 1 • r 70.00 .j6'49-W10.00. •� t 9 W P.O.C. -� t HUNSAKER & ASSOCIATES I R V I N E , I N c . WATER EASEMENT KANNNG ■ ENGINEERING ■ SURVEYING CITY OF GAN JUAN CAP19MAN06 COUNTY OF ORANGE,STATE OF CALIFORNIA 71ree Fpghes•kvbw. G 9261!.M")601M•M pis)Seum QA7� 10/19/15 a" 11/03/15 en C.IRIPI en R.WHEELER SCALE: 1"= 20' WO 8116111 nw-l: Pacific Point LD $597 SHT02.dw HBA LEGAL NO, 8597 BHEET 2 OFE2 ] CERTIFICATE OF ACCEPTANCE OF DEED This certifies that the interest in real property conveyed by the deed dated November 25. 2015, from Pacific Point Development Partners LLC.a Delaware Limited Liability Cnnmanv to the CITY OF SAN JUAN CAPISTRANO, a governmental agency, is hereby accepted by the undersigned officer on behalf of the CITY OF SAN JUAN CAPISTRANO pursuant to authority conferred by Resolution No. 09-05-05-01 of the CITY OF SAN JUAN CAPISTRANO adopted on May 5. 2009, and the grantee consents to recordation thereof by its duly authorized officer. Dated: December 8. 2015 Keith Till, Interim 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 December 8, 2015, before me, Maria Morris, City Clcrk, personally appeared Keith Till,Interim City Manage q who proved tome on the basis of satisfactory evidence to the be 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/there signature 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 ofCalifornia that the foregoing paragraph is true and correct. (SEAL) WI E y hand and official seal. Muria n• City clerk_) OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document City Manager Basement Deed—Pacific Point Development Partners LLC Tract 16750 Lot 1 Title Signer is Representing City of San Juan Capistrano