Resolution Number 89-1-3-4 393
RESOLUTION NO. 89-1-3-4
ACCEPTING EASEMENT DEED - ROBERT WARREN FITZPATRICK
AND MERNA C. FITZPATRICK LOT 10, TRACT 788
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT
DEED FOR PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR
EQUESTRIAN AND HIKING PURPOSES ONLY, LOT 10, TRACT
6788 (ROBERT WARREN FITZPATRICK AND MERNA C.
FITZPATRICK)
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, hereby accepts the Easement Deed from Robert Warren Fitzpatrick
and Merna C. Fitzpatrick providing for a perpetual easement, as conditioned, for
equestrian and hiking purposes only, in, on and over a strip of land five feet (51) in width
along the southwesterly boundary of, and within, Lot 10, Tract 6788, San Juan
Capistrano, more particularly described in Exhibit "A,"attached hereto and incorporated
herein by reference.
PASSED, APPROVED, AND ADOPTED this 3rd day
Of January ' 1989.
42 A
GAR L. HAUSDORFER, YOR
ATTEST:
Ili
CITY CLE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 89-1-3-4 adopted by the City Council of the City of San Juan
Capistrano, Cali ornia, at a regular meeting thereof held on the" 3rd day
of January , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Bland and
Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
(SEAL)
MARY ANN VER, CITY CLERK
I
_1_
395
Recorded at the Request of Documentary Transfer Tax
and Return to: No Tax Due
Recording Requested Per Government
Code Section 6103
CITY CLERK'S OFFICE
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
MARY ANN VE , CITY CLERK
CITY OF 4SAN JUAN CAPISTRANO
Project No.
Project: Dedication of Equestrian
Easement - Fitzpatrick
Parcel No. 1: AP 673-061-19
I
EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, Grantor,
Robert Warren Fitzpatrick& Merna C. Fitzpatrick
does hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, GRANTEE, a
perpetual easement and right-of-way for equestrian and hiking
purposes only, in, on and over the real property in the City of
San Juan Capistrano, County of Orange, State of California, and
described as:
DESCRIPTION OF EASEMENT:
A strip of land 5' in width along the southwesterly
boundary of, and within, Lot 10, Tract 6788. Said tract
is recorded in Book 269 pages 49 and 50 of the Orange
County Recorder's Office. Said strip of land is shown
on the attached map (Exhibit A) and more particularly
described as: Beginning at the most northerly corner of
Tract 6788, also being the most northerly corner of Lot
10, thence south 170 27107" west 387. 50' to the most
westerly corner of Lot 10 and true point of beginning.
Thence south 58a 26143" east, 78.73 feet along the
southwesterly boundary of Lot 10, also being the center
line of a 10' equestrian easement. Sideline of the
easement shall be lengthened or shortened as necessary
to terminate at the western tract boundary and at the
Paseo de la Paz right-of-way.
This conveyance of an easement is expressly conditioned on and is
subject to the conditions described herein below. As a material
portion of the consideration for this conveyance of easement and
without which Grantor would not have made the conveyance to
Grantee, it is expressly understood that breach of any of the
following conditions, according the terms contained hereinbelow,
EXHIBIT "A"
396
will be deemed to constitute a material breach of the
consideration for this easement and the easement shall forthwith
and automatically terminate and Grantor, or Grantor's successor's
in interest, may permanently, and without further notification or
liability, enclose the easement area and prevent any equestrian
or hiking use, or any other use, of the easement. The conditions
on the conveyance of the easement are as follows:
1. Upon acceptance of the easement, the City of San Juan
Capistrano shall install and maintain in place a motorcycle
barrier and gate mechanism, which improvements shall be in
accordance with the City of San Juan Capistrano Equestrian Hiking
f and Trail Manual, as it 'presently exists, and which gate shall be
similar to the gate presently in existence at the entry of the
horse trail at the Hunt Club in the City of San Juan Capistrano;
and,
2 . The City of San Juan Capistrano shall at all times maintain
the property subject to the easement in a good proper, clean,
neat and safe condition and in proper repair; and,
3 . The City of San Juan Capistrano shall maintain any and all
fences and walls adjacent to the property subject to the
easement; and,
4 . The City of San Juan Capistrano shall indemnify and hold
Grantor, his successors in interest and assigns, free and
harmless from any claims of any kind, including but not limited
to any claimed bodily injury or death of any person or animal or
any liability of any kind and including all costs of defense,
including the cost of attorneys retained by Grantor in regard to
any such asserted claim or lawsuit, which attorney shall be in
addition to any attorney retained by the City of San Juan
Capistrano for such claim or lawsuit that may arise out of any
use of the property subject to the easement; and
4 . The City of San Juan Capistrano shall actively prohibit the
use of the easement area, or any portion thereof, by a motor
'vehicle, motorcycle, all-terrain vehicle, motorized bicycle,
moped or off-highway motorcycle. Any continued use of the
easement, or any part of it by any of the aforesaid vehicles
after the City of San Juan Capistrano has received notice of a
violation from Grantor, or Grantor's successors or assigns, shall
constitute cause for immediate termination and revocation of the
easement and provide Grantor, or Grantor's successors and
assigns, the right to immediately and permanently close up the
easement area and prevent any further ingress and egress for any
purpose, including equestrian or hiking purposes. Grantor, or
Grantor's successors or assigns, may record, without further
k
397
notice or acquiescence by the City of San Juan Capistrano a
notice of termination of the easement in any such event.
Dated: December 20, 1988 By:
P,OBERT WARREN FI I
INERNA C . FI l . A TRICK
State of California )
County of Orange )
On this 20th day of December 19 88 , before me,
Cheryl A. .Tohnson , the undersigned Notary
Public, personally appeared Robert Warren Fitzpatrick and Merna C. Fitzpatrick
personally known to me
X proved to me on the basis of satisfactory evidence
to be the personswhose name; are
subscribed to the within instrument, and acknowledged that
they executed it.
WITNESS my hand and official seal OFFICtALSEAL
CHERYL A JOHN-QON
NOTARY PUBLIC- CALIFORNIA
MAW CO,4CY
Notarylff Signa re My C-MM' nz;irca NCY 11, 1969
ACCEPTANCE OF CONVEYANCE SUBJECT TO CONDITIONS
This is to certify that the interest in real property
conveyed by the Easement Deed dated December 20, 1988 from Robert
Warren Fitzpatrick to the City of San Juan Capistrano, a
municipal corporation, is hereby accepted by order of the City
Council of the City of San Juan Capistrano on behalf of the City
of San Juan Capistrano pursuant to authority conferred by a
resolution of the City Council of the City of San Juan Capistrano
adopted on January 3, 1989 , and the City of San Juan
Capistrano accepts the easement subject to the conditions
contained therein and the City of San Juan Capistrano consents to
recordation thereof by its duly authorized officer. j
Dated: Januaxy 4, 1989 By: /s/ Mary Ann Hanover
1
OL
iiw _
h
AYIK D7dItMAY to
LOT 10
. E�UISTRIAN EASEMENT
MITC E � �`, J ' �- 5EACH SIDE OF PROPERTY LINE
i
(ico)
49) MID c/f E AfH4lC --� v -�`.` -_ __ FITZPATRICK
WN � 7` � . � �-- �� AAR£ Tb✓0/N 6X/1T. A.C. S_ h
LA§TER
i 1 _
PA DE L4 PAZri
\
(PRIVATE
1_ _