15-1208_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Easement DeedRECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Maria Morris, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 &6103
City of San Juan Capistrano
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This Space for Recorder's Use Only
III 111 ^0 FEE
PROJECT NAME OR NUMBER:
Documentary Transfer Tax
No/lex Dl
RBCOIjiDjKlG REQUESTED PER
GOVEftW^ENT CODE, SEC. 6103
Idrt^, CityCleriC 3
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 California 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 I" (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
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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.
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Pacific Point Development Partners LLC, a Delaware limited liability company
c/o Taylor Morrison Pacific Point Holdings, LLC
100 Spectrum Center Drive, Suite 1450
Irvine, CA 92618
By: Taylor Morrison Pacific Point Holdings, LLC
Its: Managing Member
Its:
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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
County of Orange J
November 25, 2015 before me Ashley Jean Moeiter, Notary Public
(insert name and title of the officer)
Tom Balne personally appeared
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 CF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ASHLEY JEAN MOELTER
Commission #2116903
Notary public - California
Oranga County
"A»^ My Comm. Expires Jun 23.2019
1
I
(Seal)
EXHIBn"'A'»
LEGAL DESCRIPTION
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:
Conunencing at southwesterly terminus of the certain course "N 40°05T 1" E 1038.93'"
shown along the southeasterly line of said Lot I; thence along said southeasterly line North
4(f05'H" East 16.26 feet to a line that is parallel and distant northeasterly 15.00 feet from
the southwesterly line of said Lot I and the True Point of B^^lnnlng; thence along said
parallel line North 72*36'49" 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 L
Containing an area of 121 square feet, more or less.
As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
October 19,2014 W.0.3868-1 Page 1 of 1 H^kA Legal No. 8597 Prepared by: C.Tripi Checked 1^: R. Wheeler
EXHIBIT "B"
Sketch to Accompany Legal Description
M.M. 883/1-10
fM EASEMENTS FOR ROAD. PIPEUNE
AND POWERLINE PURPOSES PER O.R.
2014/476;
FOR PIPEUNES PURPOSES PER O.R.
13036/1155-1158; FOR
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
\
•••I HUNSAKER &. ASSOCIATES
UBM IRVINE, INC.
•KH PUNNING • ENQNEERINC • SURVEYING
Three Hughes . Itvne, CA 92618 • PH: (949) 581-1010 • FX- (949) 58HI759
WATER EASEMENT
CITY OF SAN JUAN CAPISTnANO, COUNTY OF ORANGE STATE OF CAUFORNIA
10/19/15 1^* I'^e^CWI ^y:' R.WHEELER SCALE: V'= 100' W.O. 3868-1
"^MAPacific Point\LD\8597 \SHT01.dwq H&A LEGAL No. 8597 SHEET 1 OF 1
EXHIBIT "B"
Sketch to Accompany Legal Description
RACT NO. 16750
LOT
vV
' -s .••
nn HUNSAKER & ASSOCIATES
UmM IRVINE, INC.
•hH PLANNING • ENGINEERING • SURVEYING
IW Hughes • Irvhe, CA 92618 > PH: (949) SBVIOIO • FX: (949) 58KI759
WATER EASEMENT
CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CAUFORNIA
""•^ 10/19/15 j 2^ 11/03/15 -^CTRIPI R.WHEELER SCALE: r= 20' W.O. 3868-1
""^1: \Pacific Point\LD\8597 \SHT02.dwq H&A LEGAL No. 8597 SHEET 2 OF 2
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CERTIFICATE OF ACCEPTANCE OF DEED
This certifies that the interest in reai property eonveyed by the deed dated November 25. 2015, from Pacific Point Development Partners LLC, a Delaware Limited Liability Company 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
6142S0.I
» <
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 Clerk, personally appeared
Keith Till, Interim City Manager, who proved to me 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 of California that the foregoing
paragraph is true and correct.
(SEAL) .
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Title or Type of Document City Manager Easement Deed - Pacific Point Development Partners LLC Tract 16750 Lot I Title
Signer is Representing
City of San Juan Capistrano