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1994-1026_BEAR BRAND RANCH COMMUNITY ASSOC._Access AgreementRecreational Trail Access Agreement Lots A, B and C, Tract 10593 Page 1 Recorded at the Request of and Return to: CITY CLERK'S OFFICE City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Recording Requested Per Government Code Section 6103 - Governmental Benefit ��4����� CHERYL30HNSON CITY CLERK, CITY OF SAN JUAN CAPISTRANO DOC S#_95-4025131995 5 PM Recorded in Official Records of Oranse County, California Pa Gary L. Granville, Clerk. -Recorder ge 1 of 10 fees: f Iam f 0.60 O,OO Lot A, Tract 10593 AP # 649-331-01, 649-342-01 Lot B, Tract 10593 AP # 649-351-01 Lot C, Tract 10593 AP # 673-391-12 RECREATIONAL TRAIL ACCESS AGREEMENT TRACT 10593, LOTS A, B AND C Ij R This agreement is entered into this asp day of 6t, 1994, by and between the City of San Juan Capistrano, hereinafter referred to as "City" and Bear Brand Ranch Community Association whose address is: c/o Villageway Management, Inc., Attention: Betty Riley, P.O. Box 4708, Irvine, CA 92716, hereinafter referred to as "BBRCA". WITNESSETH WHEREAS, the BBRCA is the owner of a private recreational trail within Lots A, B and C of Tract 10593 (as shown on Exhibit "A", attached herein); and WHEREAS, the City desires to have access rights for public use of said Recreational Trail. NOW, THEREFORE, the City and BBRCA agree as follows: 1. The City agrees to hold BBRCA harmless from any and all claims and liabilities which may arise out of the public use of the recreational trail located within Lots A, B and C, except those claims and liabilities resulting from or arising out of the negligent acts or omissions of BBRCA. 2. The City agrees to assume maintenance responsibilities for the recreational trail area only within Lots A, B and C. Said maintenance shall be limited to fence, sign, barricade and erosion repair and weed control. BBRCA agrees to retain maintenance responsibilities of the landscaped areas outside the trail area within Lots A, B and C. 3. This agreement will be binding on all heirs, assignees or successors in interest of Lots A, B and C. sod a Recreational Trail Access Agreement Lots A, B and C, Tract 10593 Page 2 ATTEST: CHERYL JO S , CITY CLERK APPROVED AS TO FORM: RICHARD K. DENHALTI t CITY ATTORNEY 1/r Ll CITY OF SAN JUAN CAPISTRANO -- — -- -------- CAROLYN NAS11 MAYOR BEAR BRAND RANCH COMMUNITY ASSOCIATION I BOYD DAVIS, PRESIDENT BBRCA (NOTARIZED) CAROL STEED, SECRETARY, BBRCA (NOTARIZED) EXHIBIT "A" PAGE 1 of 3 LOT A ►+ ROXIMATE TRAIL ALIGNMENT I_Ua a APPROXIMATE TRAIL ALIGNMENT t• 54, EX IT fi v "A" PAGE 2 of 3 LOT B w � • N CA<<F d w _ n L r N EXHIBIT "A" P LOT x N E3of3 APPROXIMATE TRAIL ALIGNMENT — co h } h V J 9 C4" RICA r-,RDo *i (s 1: 1` co h } h V J 9 C4" RICA r-,RDo ALL-PURPOSE ACKNOWLEDGMENT State Of� I L� � fTG Y1 k /I - Countyof-nY . t On before me, DAT E, TIT personally appeared E l —� NAME(S) OF ; SIGNERS) personally known to me - OR - ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their oFFlcuiNOTARY ac L GEORGIA S. BRADOUNNE signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ►b CMMErpNe Auua.tMs WITNESS my hand and official seal. No. 51i OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) E] PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) G ARDIAN/{CONSERVATOR p n OTHER: Y �r k6 BBkO—,A SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7164 `OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7164 California All-Purpos0knowledgment ' State of California County of D?FlN4!PE On �O Z6 g¢ before me, 176481,6 DATE NAME OF NOTARY PU C personally appeared, Ci92O L S TEE.D — �.-,{ NAME(SIOFS ER(S) personally known to me- or- XI proved to me on the basis of satisfactory evidence to be the person 1W whose name py is / ow subscribed to the within instrument and acknowl- edged to me that PWI she / tMW executed the same in i*/ her/ timirauthorized capacity (00, and that JERALD GUBER M by lam/ her/ tW*signature (2# on the instrument the COMM. #1005M m eon oY wa�a m* wa � person (sj, or the entity upon behalf of which the wown Expressev xtoor person (j# acted, executed the instrument. Witness my hand and offiSill seal. 51ONA7URE OF NOTARY PUDGC Though the information below is not required bylaw, it may prove valuable to persons relying on the document and prevents fraudulent reattachment of this form. Type or Title of Document A04* W7la,v,0t- T 44?1, AcUFsc A6tEP�lME'�/T; 7r2Ae 7- /e7 S"9 3 TITLE OR TYPE OF DOCUMENT Number of pages: 2 Date of Document: /406-0 9 Signer(s) Other Than Named Above: Capacity Claimed By Signer Individuals) Corporate 5',r-eaeF rAQj' ❑ Partner(s)....... ..................... ❑General ..................................... ❑ Limited ❑ Attorney -in -Fact ❑ Guardian/ Conservator ❑ Trustee(s) Other: /3 t3 2 e Signer is Representing: It Name ofPereoefel wEntity(iesl I'I l Form 901.299 AIM Mail Centers 0 (Independently (hared h Operated -his i 1-800-91? -6M 0 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) On January 17, 1995 before me, Cheryl Johnson City Clerk, personally appeared Carolyn Nash (SEAL) personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer Recreational Trail Access Agreement Ma�znr Title or Type of Document Title 5 Signer is Representing Number of Pages City of San Juan Capistrano nr,tnher ?F 1994 r Date of Document Rnvd Tlavis and Carni Rtapd (RRRCA) Signer(s) Other Than Named Above CITY OF SAN JUAN CAPISTRANO Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, California 92675 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) This is to certify that terms of the agreement entitled Recreational Trail Access Agreement, Tract 10593, Lots A, B and C, dated October 26, 1994, conveying to the City of San Juan Capistrano, a political corporation and/or governmental agency, access rights to the private recreational trail owned by the Bear Brand Ranch Community Association, is hereby accepted by order of the City Council on January 17, 1995, and the grantee consents to recordation thereof by its duly authorized officer. (SEAL) Cheryl Johnson, Pity k San Juan Capistrano, California DATED: This 18th day of January, 1995