RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Attn: Public Works Director
______________________________________________________________________________ (SPACE ABOVE THIS LINE FOR RECORDER’S USE)
This Agreement is recorded at the request and for the
benefit of the City of San Clemente and is exempt from the payment of a recording fee pursuant to Government Code
§ 27383.
THE CITY OF SAN CLEMENTE
By:_____________________________________________
Its:_____________________________________________
Dated:_________________________, 2023
GRANT OF EASEMENT FOR EMERGENCY INGRESS AND EGRESS
THIS GRANT OF EASEMENT (the “Easement”) is made by GS-SM San Clemente Owner, LLC and GC-8, LLC (“Grantors”) in favor of the CITY OF SAN CLEMENTE (“Grantee”).
R E C I T A L S
A. Grantee is a municipal corporation with general police powers to protect the public health, safety, and welfare within the geographical limits of San Clemente. Pursuant to this general police power, Grantee is authorized to accept the dedication of emergency access rights through and over private property.
B. Grantors wish to grant and convey an easement for emergency ingress and egress over those portions of their real property legally described on Exhibit “A”, attached hereto and incorporated herein by this reference, and depicted on Exhibit “B”, which is also attached hereto and incorporated herein by this reference.
C O V E N A N T:
In consideration of the foregoing Recitals, Grantors hereby covenant and convey to Grantee, including any of its officers, employees, agents and contractors, including the Orange County Fire Authority and the Orange County Sheriff’s Department, rights of ingress and egress over and across the property described in Exhibit “A” and depicted on Exhibit “B”. Grantors intend for the Easement to provide emergency vehicle access to their properties at any time in the event of any emergency.
GS-SM San Clemente Owner, a Delaware limited
liability company
By: GS-SM San Clemente, LLC, a Delaware limited
liability company, its sole manager
By: GS-San Clemente Manager, LLC, a Delaware
limited liability company, its manager
By:________________________________
Its: ________________________________
Dated: ______________________________
GC-8, LLC, a California limited liability company
By: __________________________________
Its: ___________________________________
Dated: ________________________________
ACCEPTANCE
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN CLEMENTE
)
) ss.
)
THIS IS TO CERTIFY that the interest in real property conveyed by the deed or grant dated ___________________________ from GS-SM San Clemente Owner, LLC and GC-8, LLC to the CITY OF SAN CLEMENTE, a municipal corporation, is hereby accepted and Grantee consents to recordation thereof by its duly authorized officer.
Dated:________________________
By:_______________________________________
State of California )
County of )
On , before me, , Notary Public,
(here insert name and title of the officer)
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 OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
State of California )
County of )
On , before me, , Notary Public,
(here insert name and title of the officer)
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 OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
1 EXHIBIT "A"
LEGAL DESCRIPTION
ORANGE COUNTY FIRE AUTHORITY
EMERGENCY ACCESS EASEMENT
THAT CERTAIN PARCEL OF LAND SITUATED, IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A PORTION OF PARCELS 1 AND 2 OF LOT LINE ADJUSTMENT NO. LL-17-402 RECORDED JANUARY 28, 2019 AS INSTRUMENT NO. 2019000026437 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
COMMENCING AT THE EASTERLY CORNER OF SAID PARCEL 2;
THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2 SOUTH 38°51'20" WEST 127.39 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 51°08'40" WEST 133.68 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 225.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE 91.65 FEET THROUGH A CENTRAL ANGLE OF 23°20'16" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 250.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 62°11'36" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE 29.75 FEET THROUGH A CENTRAL ANGLE OF 6°49'07" TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE 145.90 FEET THROUGH A CENTRAL ANGLE OF 33°26'11";
THENCE NORTH 68°03'42" WEST 14.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B";
THENCE CONTINUING NORTH 68°03'42" WEST 393.61 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 26.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 8.59 FEET THROUGH A CENTRAL ANGLE OF 18°55'29";
THENCE NORTH 49°05'33" WEST 69.58 FEET;
THENCE SOUTH 68°09'36" WEST 167.15 FEET;
THENCE SOUTH 21°50'24" EAST 42.41 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 75.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 63.25 FEET THROUGH A CENTRAL ANGLE OF 48°19'23" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 52.00 FEET, A RADIAL LINE OF SIAD CURVE TO SAID BEGINNING BEARS NORTH 19°05'26" EAST;
2 THENCE SOUTHEASTERLY ALONG SAID CURVE 75.23 FEET THROUGH A CENTRAL ANGLE OF 82°53'28" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 78°01'06" WEST;
THENCE SOUTHEASTERLY ALONG SAID CURVE 50.01 FEET THROUGH A CENTRAL ANGLE OF 57°18'19";
THENCE SOUTH 45°19'25" EAST 31.20 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 200.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 44.73 FEET THROUGH A CENTRAL ANGLE OF 12°48'52" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 57°29'27" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE 20.47 FEET THROUGH A CENTRAL ANGLE OF 23°27'33";
THENCE SOUTH 55°58'07" EAST 106.43 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 21.16 FEET THROUGH A CENTRAL ANGLE OF 24°14'59";
THENCE SOUTH 80°13'06" EAST 76.85 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 50.00 FEET;
THENCE EASTERLY ALONG SAID CURVE 36.43 FEET THROUGH A CENTRAL ANGLE OF 41°45'02";
THENCE NORTH 58°01'53" EAST 82.30 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 17.01 FEET;
THENCE EASTERLY ALONG SAID CURVE 26.70 FEET THROUGH A CENTRAL ANGLE OF 89°56'32";
THENCE SOUTH 31°58'07" EAST 99.00 FEET;
THENCE NORTH 58°01'53" EAST 176.13 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 17.01 FEET;
THENCE EASTERLY ALONG SAID CURVE 26.29 FEET THROUGH A CENTRAL ANGLE OF 88°33'57" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 252.93 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 56°39'06" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE 78.57 FEET THROUGH A CENTRAL ANGLE OF 17°47'55";
3 THENCE SOUTH 51°08'40" EAST 133.68 FEET TO SAID SOUTHEASTERLY LINE OF PARCEL 2; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE OF SAID PARCEL 2 NORTH 38°51'20" EAST 28.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING:
EXCEPTION 1
COMMENCING AT POINT "B";
THENCE SOUTH 21°56'18" WEST 24.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 68°03'42" WEST 87.69 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 5.00 FEET;
THENCE WESTERLY ALONG SAID CURVE 4.64 FEET THROUGH A CENTRAL ANGLE OF 53°07'48";
THENCE NORTH 68°03'42" WEST 297.62 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 57.47 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE 24.65 FEET THROUGH A CENTRAL ANGLE OF 24°34'14";
THENCE NORTH 49°10'51" WEST 43.56 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 17.00 FEET;
THENCE WESTERLY ALONG SAID CURVE 17.54 FEET THROUGH A CENTRAL ANGLE OF 59°07'18";
THENCE SOUTH 68°09'29" WEST 98.87 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 17.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE 26.92 FEET THROUGH A CENTRAL ANGLE OF 90°44'40";
THENCE SOUTH 22°35'11" EAST 0.88 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 51.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 43.01 FEET THROUGH A CENTRAL ANGLE OF 48°19'24" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 76.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 19°05'26" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE 109.95 FEET THROUGH A CENTRAL ANGLE OF 82°53'28" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 26.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 78°01'06" WEST;
4 THENCE SOUTHEASTERLY ALONG SAID CURVE 26.00 FEET THROUGH A CENTRAL ANGLE OF 57°18'19";
THENCE SOUTH 45°19'25" EAST 31.20 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 224.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 45.66 FEET THROUGH A CENTRAL ANGLE OF 11°40'49" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 56°21'24" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE 9.74 FEET THROUGH A CENTRAL ANGLE OF 22°19'30";
THENCE SOUTH 55°58'07' EAST 116.03 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 10.58 FEET THROUGH A CENTRAL ANGLE OF 24°14'59";
THENCE SOUTH 80°13'06" EAST 69.58 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET;
THENCE EASTERLY ALONG SAID CURVE 17.64 FEET THROUGH A CENTRAL ANGLE OF 40°26'04";
THENCE NORTH 58°01'29" EAST 236.09 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 17.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE 36.35 FEET THROUGH A CENTRAL ANGLE OF 122°30'35" TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE FOLLOWING:
EXCEPTION 2
COMMENCING AT POINT "A";
THENCE SOUTH 55°22'29" WEST 24.00 FEET TO THE TRUE POINT OF BEGINNING;
SAID TRUE POINT OF BEGINNING BEING A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 226.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 55°22'29" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE 72.48 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 17.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 36°59'54" EAST; THENCE WESTERLY ALONG SAID CURVE 20.46 FEET THROUGH A CENTRAL ANGLE OF 68°58'01";
5 THENCE SOUTH 58°01'53" WEST 126.38 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 17.01 FEET;
THENCE SOUTHERLY ALONG SAID CURVE 26.70 FEET THROUGH A CENTRAL ANGLE OF 89°56'32";
THENCE SOUTH 31°58'07" EAST 71.50 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 3.50 FEET;
THENCE EASTERLY ALONG SAID CURVE 5.50 FEET THROUGH A CENTRAL ANGLE OF 89°59'56";
THENCE NORTH 58°01'53" EAST 160.58 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 10.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE 16.17 FEET THROUGH A CENTRAL ANGLE OF 92°39'24" TO THE TRUE POINT OF BEGINNING.
CONTAINING: 1.240 ACRES, MORE OR LESS
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD.
PREPARED UNDER THE SUPERVISION OF:
__________________________________________
GREGORY S. BORCHARD, LS 7705
MY REGISTRATION EXPIRES: 12/31/22