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Robert MacLean - Fired Air Marshal - Property Grant Deed - 11 Knotty Oak Circle, Coto De Caza, CA - March 9, 2001 (Purchase)

Apr 07, 2018

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  • 8/6/2019 Robert MacLean - Fired Air Marshal - Property Grant Deed - 11 Knotty Oak Circle, Coto De Caza, CA - March 9, 200

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    Order No. ?.,b-'1 - II This document was electronically recorded byFIRST AMERICAN TITLEEscrOw No. 2057184KMLoan No.WHEN RECORDED MAIL TO: Recorded in Official Records,County of OrangeROBERT J. MACLEAN 1_llllllllmUlllimui'mmiri-Re26.001 Knotyy Oak CircleCoto De Caza, CA 92679

    Recording RoqutlSII byFIrstAmsrican TIlle I n s u ' I l - - ~ : ~ 1 I b 20010137681 04:18pm 03/09/0110815 G02 A04 A12 5

    T' 'tiny 1057.650.000.000.008.000.000.00 0.00DOCUMENTARY TRANSFER TAXS I,fY21.4'_ SPACE ABOVE THIS LINE FOR RECORDER'S USE

    ........ Computed on the consideration or value of property conveyed; ORThe Undersigned Grantoromputed on the consideration or value less liens or encumbrancesremaining at time ohale. Signature of Declarant or Agent determining tax-Firm Name

    The Summit at COlo de Caza - Oak ViewGRANT DEEDTO PURCHASERS(Phase 2, Lots 46 to 51 and 68 to 74 of Tract 15755)

    For valuable consideration, receipt ofwhich is hereby acknowledged, TOLL LAND XX LIMITED PARTNERSHIP, a California limitedpartnership, ("Grantor"), hereby grants to ESTATE OF MARIA l-!JIII3 HEVIA-SUAREZ , ROBERT J . MACLEAN, CONSERVLuisa ("Grantee"),

    the real property in the unincorporated Coto de Caza area of Orange County, California, described in Exhibit I attached to andincorporated in this Grant Deed.

    This grant is subject to the covenants and agreements described in attached Exhibit 1.Dated _-4o

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    GRANTEE ACCEPTANCE AND AGREEMENTGrantee, by signing below, (a) accepts and approves this Grant Deed, and (b) accepts,

    covenants, and agrees to be bound by all provisions of the Master Declaration and SummitDeclaration (defined below), including the dispute resolution procedure in Section 11.4 of theSummit Declaration, which provisions are acknowledged to be reasonable and incorporated inthis Grant Deed by this reference.

    STATE OF CALIFORNIA )7\r. ) ss.COUNTY OF Um tJ )

    ~ \ ; : r U t u r ~ .9.3 , ~ , b e f o r e m e , ~ l t t \ ~ T L I ~ t t ___________ personallyappeared f2bbe(t- J. M ~ 1 l V \ _...:======-____ --Ipers9aa:ll) kIlOWII to me (or proved to me on the basis ofsatisfactory evidence) to be the person(-st whose n a r n e ~ (is) subscribed to the withininstrument and acknowledged to me that (he) (she) ~ t h e y ) executed the same in (his) (her) (their)authorized capacity(iei), and that by (his) (her) (tBuiF} signature(.&-) on the instrument theperson(sj, or the entity upon behalf ofwhich the person(s}-acted, executed the instrument.

    WITNESS my hand and official seal.

    (SEAL)

    -2-

    - - - - - - ~said State

    I:\DOCS\WIT300\29008\OOO\DEED\367228.0 I12101100

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    EXHIBIT ATO GRANT DEED TO PURCHASERS

    (Oak View Phase 2, Lots 46 to 51 and 68 to 74 of Tract 15755)

    LEGAL DESCRIPTIONReal property located in the unincorporated Coto de Caza area of Orange County,California, described as follows:

    PARCEL NO.1Lot 68 (the "Lot") of Tract No. 15755, as shown on a Subdivision Map

    ("Map") recorded on April 6, 2000, in Book 798, Pages 27 to 37, inclusive, of MiscellaneousMaps, in the Office of the Orange County Recorder.

    EXCEPTING THEREFROM, one-half (Y2) of all rights to oil, gas, petroleum,hydrocarbon substances, and other minerals and gases below a depth of five hundred (500) feetmeasured vertically from the present surface of the Lot, without the right of surface entry andwithout the right of entry within said five hundred (500) feet, as reserved by Ernest A. Bryant, Jr.and Judith Tilt Bryant, husband and wife, in the Deed recorded September 24, 1963, in Book 6729,Page 443, in the Office ofthe Orange County Recorder, California ("Official Records").

    ALSO EXCEPTING THEREFROM IN FAVOR OF COTO DE CAZA LTD., aCalifornia limited partnership ("Coto Ltd."), its successive owners and assigns, together with theright to grant and transfer all or a portion of the same, as follows:

    A. All remaining oil, oil rights, minerals, mineral rights, natural gas, natural gasrights, and other hydrocarbons by whatsoever name known, geothermal steam, and all productsderived from any of the foregoing, that may be within or under the Lot, together with the perpetualright of drilling, mining, exploring, and operating therefor, and storing in and removing the samefrom the Lot or any other land, including the right to whipstock or directionally drill and mine fromlands other than the Lot, oil or gas wells, tunnels and shafts into, through or across the subsurface ofthe Lot, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under andbeneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepenand operate any such wells or mines, without, however, the right to drill, mine, store, explore andoperate through the surface or the upper 500 feet of the subsurface of the Lot, as reserved in thedeed recorded November 30, 1998, as Instrument No. 19980813258 of Official Records.

    B. All water, water rights or interests therein appurtenant or relating to the Lotor owned or used by Co to Ltd., in connection with or with respect to the Lot (no matter howacquired by Coto Ltd.), whether such water rights shall be riparian, overlying, appropriative, littoral,percolating, prescriptive, adjudicated, statutory or contractual, together with the right and power toexplore, drill, redrill, remove and store the same from or in the land or to divert or otherwise utilize

    A-II :\DOCS\W JT300\29008\ OOO\OEED\36 7228.01

    12/01l0D

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    such water; rights 'or interests on any other property owned or leased by Coto Ltd.; but without,however, any right to enter upon the surface of the land in the exercise of such rights, as reserved byCoto Ltd. in the Deed recorded November 30, 1998 as Instrument No. 19980813258 ofOfficialRecords.

    RESERVING THEREFROM in favor ofCo o Ltd., its successive owners andassigns, together with the right to grant and transfer all or a portion of the same, as follows: the rightto place on, under and across the Lot transmission lines and other components and facilities for acomplete community cable antenna television and communications system and thereafter to ownand convey such lines, components and facilities, and the right to enter upon the Lot to service,maintain, repair, reconstruct and replace said lines, components and facilities; provided, however,that the exercise of such rights shall not unreasonably interfere with Grantee's reasonable use,enjoyment and development of the Lot.

    ALSO RESERVING THEREFROM, for the benefit ofGrantor and others,nonexclusive easements for access, ingress, egress, encroachment, maintenance, repair, drainage,support, and for other purposes, as described in the Map, in the Master Declaration, SupplementalDeclaration and Summit Declaration defined below.PARCEL NO. 2

    Nonexclusive easements for use, access, ingress, egress, maintenance, repair,drainage, encroachment, support, and for other purposes, all as described in the Master DeclarationofCovenants, Conditions, Restrictions and Reservation ofEasements for Coto de Caza ("MasterDeclaration"), recorded on March 5, 1984, as Instrument No. 84-092424, in the SupplementalDeclaration ofCovenants, Conditions, Restrictions and Reservation of Easements for Oak View inCoto de Caza ("Supplemental Declaration") recorded on September 11, 2000, as Instrument No.20000471429, in the Declaration ofCovenants, Conditions, and Restrictions and Reservation ofEasements for The Summit ("Summit Declaration") recorded on September 20,2000, asInstrument No. 20000492456, in the Notice ofAddition ofTerritory and Supplemental Declarationof Covenants, Conditions and Restrictions for The Summit ("Summit Notice") recorded on October10,2000, as Instrument No. 20000540835, all as amended or restated and all in Official Records,and as described in the Map.SUBJECT TO:

    1. Taxes!Assessments. Nondelinquent real property taxes and all nondelinquentunpaid general and special assessments;

    2. Record/Survey Matters. Covenants, conditions, restrictions, easements,reservations, dedications, rights and rights-of-way of record, including, without limitation, theMaster Declaration, the Supplemental Declaration, the Summit Declaration, the Summit Notice andthe Map, and all other matters of record and discoverable by inspection.

    A-2J:\DOCS\WJTJOO\29008\000\DEED\361228.0J

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    STAlE OF CALIFORNIA II ) ACOUNTY OF 0 V C t ~ \ L-}}ss.}

    On 3tb ,0 \ ,before me, l R v I J i i ~ t ' : t -personally appeared Potevt J. W t l c J U , ~ -

    t4l9F96naliy k. iOWR to me(or proved to me on the basis of satisfactory evidence) to be the person)4 whose n a m e ~ subscribed to the within instrument and acknowledged to me t h a ~ executed the samei ~ 9 r / t R e i r authorized c a p a c i ~ and that b ~ i r S i g n a t u ~ on the instrument thepersorls) or the entity upon behalf of which the p e r s o ~ acted, executed the instrument.WITNESS my hand and official seal. --Si9naturel__ I 0 : : : 7 " 1 ~ - - - - : ( ' : : " " " " ~ ~ = = : S : : = = : : : : : : ~ " ' - - __

    Title of Document -------------------------------------------------Date of Document No. of Pages----------------- - - - - - - - - - - - - - - - -Other signatures not acknowledged__________________________ _3008 (1194) (GeneraFifst American Tille Insurance Compa