06-0321_ESSLINGER FAMILY LP_Recreational Easement Deed_2006000183574RECOODING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Recorded in Official Records, Orange County
Tom Daly, Clerk-RecorderIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllllllllllll
AND WHEN RECORDED, MAIL To:
NO FEE
Margaret R. Monahan, City Clerk
2006000183574 02:13pm 03121106
City of San Juan Capistrano
213 148 D1g 8
32400 Paseo Adelanto
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
,
Gov Code 27383 & 6103
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City of San Juan Capistrano
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This Space for Recorder's Use Only (W
Title of Document: t+
RECREATIONAL TRAIL EASEMENT DEED
(AVENIDA EVITA-ESSLINGER)
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
CITY CLERK'S OFFICE
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees Pursuant to
Government Code Section 6103
Documentary Transfer Tax
No Consideration: City Initiated Public Trail Easement
MARGARET R. MONAHAN, CITY CLERK
CITY OF SAN JUAN CAPISTRANO
Project: Avenida Evita Trail
Affects:
Legal Description: Parcel 2 of PM 88-419; PMB 245, pgs. 24, 25
Assessor's Parcel No.: 649-091-32
Mailing Address: Mr. Stephen Esslinger
30802 S. Coast Highway K-2
Laguna Beach, CA 92651
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RECREATIONAL TRAIL EASEMENT DEED
IN EXCHANGE FOR CONSIDERATION OF ABANDONMENT OF AN EXISTING
IRREVOCABLE OFFER FOR PUBLIC EQUESTRIAN TRAIL PURPOSES, DEDICATED
BY A PARCEL MAP RECORDED IN BOOK 106, PAGES 19-20 (OFFER "B"), AND NOW
LOCATED WITHIN PARCEL 2 OF PM 88-419, consideration of which is hereby
acknowledged, STEPHEN ESSLINGER, REPRESENTING THE ESSLINGER FAMILY LP
("Esslinger") does hereby grant to the CITY OF SAN JUAN CAPISTRANO ("City"), a
nonexclusive easement ("Easement") for recreational trail purposes in, on and over the real
property in the City of San Juan Capistr no, County of Orange, State of California, as
described below and as shown on Ext�t "A", attached hereto and made a part hereof
("Property"). The dedication of Easement is expressly made subject to the following terms
and conditions:
Concurrent with the City's acceptance of the Easement, City will forward
abandonment proceedings to the City Council in regard to an existing Irrevocable
Offer for Public Equestrian Trail Purposes located along the northwesterly property
boundary. City hereby agrees to process said abandonment concurrently or within
six months of the City Council acceptance of this easement. Failure to do so shall
render this easement null and void. However, City makes no claim that said
process will result in City Council approval of said abandonment.
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2. The scope of the Easement is limited to non -motorized recreational trail uses.
3. City cannot assign or transfer the Easement to any other party.
4. City agrees to maintain the recreational trail easement area set forth in this
easement. "Maintain" is defined to include, and be restricted solely to, trail signage
repair including posted signs and pavement markings if applicable.
Excepting installation of signage as noted in condition 4 above, if applicable, City
agrees not to alter any existing improvements owned or controlled by Esslingerthat
are located on or near the Easement, including, but not limited to, asphalt covering
roadway on Property.
City agrees to indemnify and hold harmless Esslinger and any successor's in
interest (hereinafter "successor's") from and against any and all claims, damages,
liabilities or expenses based on, or arising out of, or in any manner resulting from
the creation, installation, maintenance, repair and/or use of the Easement, or based
on the City's failure to adequately maintain or insure the Easement, or based on any
negligent act or omission of the City, its agents or employees, while exercising any
of the City's rights or fulfilling any of the City's obligations hereunder, or any other
actions or claims in connection with the City's action or failure to act to satisfy its
obligations as provided herein.
The successor's hereunder shall give the City written notice of any actions, claims,
expenses or proceedings subject to the indemnification provided for in this
Easement within ten (10) business days after the Indemnified Parties has actual
notice thereof. However, failure to give notice within such ten (10) day time period
shall not modify, alter, or cancel in any way the indemnification provision set out in
this Easement.
In any action brought to enforce any provision of this Easement, the losing party
agrees to pay the prevailing party's reasonable attorney's fees and costs.
RECREATIONAL TRAIL EASEMENT DESCRIPTION
The most southerly 10 feet of Parcel 2, Parcel Map 88-419, recorded in Parcel Map Book
245, Pages 24 and 25 inclusive. Said area is also impacted by, among other easements, a
roadway easement, shown on said map as: the northerly 15 feet of the 30 foot private
Ingress/Egress Easement recorded in Parcel Map Book 106/19-20 and more particularly
described asA Daved roadwa"f Avenida Evita within Parcel 2 of PM 88-419.
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(notarized
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ESSLINGER
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E —N11' 26' 28' E — — — — — — — 3w97
USED AS BASIS OF BEARING
C,P / RECREATIONAL TRAIL EASEMENT AREA
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EXHIBIT
"A"
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IRREVOCABE OFFER -A EQUESTRIAN M1ppWS
PER P.M. A%/M-20
N4_r."_ 0' E 252.36' M(4REC)
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T1A4t15' 00+E 137.36'
N470III' 00• E 115.00'
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USED AS BASIS OF BEARING
C,P / RECREATIONAL TRAIL EASEMENT AREA
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CITY OF SAN JUAN CAPISTRANO
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN JUAN CAPISTRANO )
This is to certify that the interest in real property conveyed by the Easement Deed for
Recreational Trail Purposes and:
granted by: Stephen Esslinger representing the Esslinger Family LP
across real property: Parcel 2 of PM 88-419; PMB 245, pgs 24 & 25
APN 649-091-32
Dated: January 14, 2003
is hereby accepted by order of the City Council on February 21, 2006, per Resolution
No. 06-02-21-02 and the grantee consents to recordation thereof by its duly authorized
officer.
(seal)
R. Monahan, City Clerk
n Juan Capistrano
23, 2006
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ALL-PURPOSE ACKNOWLEDGEMENT
State of California
SS.
County of 0291UG E
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On _/f JC, 3 before me, CJdtt-L-rA" t1t n0-CLs0,
DAI£1 t— INOIARYI
personally appeared T E pr+ e.0 S S c/ " 6 E.E
SIGNER(S)
❑ personally known tome - OR
WILLIAM N. ODELSON
Comm. 1111279067
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N NOTABYPUBLIGCALIFORNIA
Orange County
My Comm. Expires Oct. 1, 2000
5W proved to me on the basis of satisfactory
evidence to be the person whose namev
is/ax subscribed to the within instrument and
acknowledged to me that he/s`fife/they executed
the same in his/hV/th�!T authorized
capacity(, and that by his/hj�f/thy"r
signature on the instrument the person(;