06-0321_AMAN, STEVEN M. AND REBECCA E._RECREATIONAL TRAIL EASEMENT DEED_20060001835720
REbORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
Title of Document:
E
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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2006000183572 02:13pm 03121/06
213 148 D10 6
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I This Space for Recorder's Use Only
RECREATIONAL TRAIL EASEMENT DEED
(AVENIDA EVITA-AMAN)
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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
41
Project: Avenida Evita Trail
Affects:
Legal Description: Parcel 1 of PM 88-419; PMB 245, pgs. 24, 25
Assessor's Parcel No.: 649-091-33
Mailing Address: Steven and Rebecca Aman, 31671 Avenida Evita, SJC 92675
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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
ON A PARCEL MAP RECORDED IN BOOK 106, PAGES 19-20 (OFFER"B") AND NOW
WITHIN PARCEL 1 OF PM 88-419, consideration of which is hereby acknowledged,
STEVEN M. AND REBECCA E. AMAN ("Aman") do 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 Capistrano, County of
Orange, State of California, as described below and as shown on Exhibit "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.
5. Excepting installation of signage as noted in condition 4 above, if applicable, City
agrees not to alter any existing improvements owned or controlled by Aman that are
located on or near the Easement, including, but not limited to, asphalt covering
roadway on Property.
6. City agrees to indemnify and hold harmless Aman 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 1, 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 as the paved roadwa of Avenida Evita within Parcel 2 of PM 88-419.
By:QWDATE: / E
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STEVEN M. XMAN (Notarized signature)
By: DATE: Z-7-05
REBECCA E. AMAN (Notarized signature)
Evitaaman
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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: Steven & Rebecca Aman
across real property: Parcel 1 of PM 88-419; PMB 245, pgs 24 & 25 — APN 649-
091-33
dated: January 7, 2006
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)
d2,
jaret . Monahan, City Clerk
of Sal Juan Capistrano
23, 2006
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
kOS �tifC�>s�ES ss.
On v,W. ! 4Zoe3 , before me,
Date
personally appeared
BONNIEJ.BOWMAN
Commission i 134851 B
Notary Public - California
Los Angeles County
rtiycanm. E�yires Mer ZS, 20115
Place Notary Seal Above
Name(s) of Slgnegs)
C�personally known to me
C-Kproved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) .eiare
subscribed to the within instrument and
acknowledged to me thatAefahe/they executed
the same in k1Fe lftheir authorized
capacity(ies), and that by A4sMsr/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WI NESS my hand and o 'cial seal.
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Sign r of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document ? 'T
Title or Type of Document: j�Gt-�1r A -no ldiii— &41L 64se t "r 1DF_&D
Document Date: TN�Y `% d003 Number of Pages: 3
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Si
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❑ Corporate Officer—Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
C Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, OA 91313-2402 Prod. No. 5907 Reorder: Cell Toll -Free 1-800-876-6827