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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 �I City of San Juan Capistrano ^^'' This Space for Recorder's Use Only (W Title of Document: t+ RECREATIONAL TRAIL EASEMENT DEED (AVENIDA EVITA-ESSLINGER) �, 0 • 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 ------------------------------------------------------------------- ------------------------------------------------------------------- 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. S® 0 0 -2- 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. 0 (notarized Evitaess ESSLINGER _R FAMILY LP signature) DATE: L� d3 R. 3 O 891 AC.— (PRiv'ATE) . uiN / N 2d. 20' 145. 00' in in E —N11' 26' 28' E — — — — — — — 3w97 USED AS BASIS OF BEARING C,P / RECREATIONAL TRAIL EASEMENT AREA ti WE (RAD) )s' M(EREC) • EXHIBIT "A" - IRREVOCABE OFFER -A EQUESTRIAN M1ppWS PER P.M. A%/M-20 N4_r."_ 0' E 252.36' M(4REC) �' 3►, T1A4t15' 00+E 137.36' N470III' 00• E 115.00' -- '---- — ------ iT00,_ W PAR. 1 1. 150 AC ' PAR. 2 l 1. 164 AC a, W bM -F / c . t � N � m / r y v N R. 3 O 891 AC.— (PRiv'ATE) . uiN / N 2d. 20' 145. 00' in in E —N11' 26' 28' E — — — — — — — 3w97 USED AS BASIS OF BEARING C,P / RECREATIONAL TRAIL EASEMENT AREA ti WE (RAD) )s' M(EREC) . 1. 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 0 ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of 0291UG E 10 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 N 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(;