06-0321_HUSTON TRUST, TIMOTHY P_Recreational Trail Easement Deed_.2006000183569RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675 Recorded in Official Records, orange County
Tom Daly, Clerk -Recorder
AND WHEN RECORDED, MAIL TO: IIIIIIIIIII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE
Margaret R. Monahan, City Clerk 2006000183569 02:13pm 03121106
City of San Juan Capistrano 47 7 DIo s
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
City of San Juan Capistrano
This Space for Recorder's Use Only
Title of Document:
RECREATIONAL TRAIL EASEMENT DEED
(AVENIDA EVITA-HUSTON)
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:
Affects:
Avenida Evita Trail
Legal Description: Parcel 2 of PM 79-853; PMB 143, pgs. 39, 40
Assessor's Parcel No.: 649-091-24
Mailing Address: Dr. Timothy Huston, 31722 Avenida Evita, SJC 92675
RECREATIONAL TRAIL EASEMENT
1iMat Yr�as�
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged "the
TIMOTHY P. HUSTON TRUST,,( Huston") does hereby DEDICATE 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 CapistraZis
County of
Orange, State of California, as described below and as shown on Exhibit'attached
hereto and made a part hereof ("Property"). The dedication of Easemen expressly
made subject to the following terms and conditions:
1. Concurrent with the City's acceptance of the Easement, City will commence
abandonment proceedings in regard to any other equestrian, hiking or recreational
trail easements within the Property.
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.
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5. Excepting installation of signage as noted in condition 4 above, if applic �le ity
agrees not to alter any exiting improvements owned or controlled byta4iat
are located on or near the Easement, including, but not limited to, asphalt covering
roadway on Property.
6. City agrees to indemnify property owner for liabilities directly arising out of City's
control of the easement area.
RECREATIONAL TRAIL EASEMENT DESCRIPTION
The most northerly 10 feet of Parcel 2, Parcel Map 79-853, recorded in Parcel Map Book
143, Pages 39 and 40 inclusive. Said area is also impacted by, among other easements,
a roadway easement, shown on said map as: the southerly 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 roadway of Avenida Evita within Parcel 2 of PM 79-853.
7h IS GO/1/(/A/GE,v—j VAVAI j K6� C1TY 1+4hWAD/Y1V6 Jd�t
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By: J DATE: L} J/—OL
,dus7-C—ed9FwTIMOTHY P. HU TON TRUST
(notarized signature)
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P��i5to See �t� �uc�vr�,�f --CCIW�t2��cm �,� iu,
Evita-Huston
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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: Dr. Timothy Huston Trust
across real property: Parcel 2 of PM 79-853; PMB 143, pgs 39 & 40
APN 649-091-24
Dated: April 21, 2002
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)
]ar t R. Monahan, City Clerk
of S n Juan Capistrano
23, 2006
4-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
���/; 1
County of X11 L11`ti1� J ss.
On o I da'aw , before me,
Date _
personally appeared
STACEY HAINES
0 2015M COMM. #1292623 s
Notary Public- GWomb a
ORANGE COUNTY T
My Cornrnission Exp. 2am5
q krtawrrto'P
proved to me on the basis of satisfactory
evidence
to be the person( whose name( Wart -
subscribed to th within instrument and
acknowledged to me that hg/sh fey executed
the same in his/her/their authorized
capacity(ieey, and that by hits/her/tIv6ir
signature(A) on the instrument the person(4, or
the entity upon behalf of which the person,(&)
acted, executed the instrument.
WITd an official seal.
WITNESS
Place Notary Seal Above "."'ao.' 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 Attachedocume�nti
,
Title or Type of Document: PIIC-V`IeCITl�ll'IQ
Document Date: 1 l ao[ ,�Od D Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Sign 's Name:
Individual
❑ Corporate Officer—Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
IN
01999 National Notary Aoox,.. • 93W De Soto Ave.. P.O. Box 2402 • CLTao.0h, CA 91313-2402 • w cationalnolaryoq Pmd. No. 5907 Peoolo Call Tall Free 1-800R76 8