01-0117_MATTY, DAVID & BARBARA_Irrevocable Offer to Dedicate_20010027955i
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Engineer
City Of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
E
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
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(Space Above This Line For Recorder's Use)
IRREVOCABLE OFFER TO DEDICATE
A. David and Barbara Matty (collectively the "Offeror") are the owners of ;
property generally located at 27854 Somerset Lane, San Juan Capistrano, California,
and more particularly described as: �+
Lot 11 of Tract 11753, as recorded in the Official ;sr
Records of the County Recorder of Orange County,
California ("Offeror's Property).
[APN: 650-571-021
B. Offeror hereby IRREVOCABLY OFFERS TO DEDICATE to the City of San
Juan Capistrano ("City"), an easement from the southern boundary of the existing, "as
constructed" trail alignment to the northern boundary of Offeror's Property for trail and
equestrian purposes.
C. Offeror makes this offer in good faith and at no cost to the City for the
purpose of ensuring that the existing trail will remain in its current location and
alignment. This dedication ensures that the trail will not be relocated at potentially great
expense to the City to the area within Lot 11 previously dedicated to the City.
D. Offeror in good faith believes the value of this easement dedication is
Eighteen Thousand Dollars and no/1000 ($ 18,000.00).
E. Offeror will cooperate with the City and execute such documents as may
be necessary to substitute a revised legal description in the event a precise legal
description depicting the trail in its "as constructed" condition is prepared by the City or
at City cost. Such easement shall be measured from the southern boundary of the trail
to the northern boundary of Lot 11 of Tract 11753.
0
0
F. Offeror conditions this Irrevocable Offer to Dedicate on City's agreeing to
maintain the easement and all portions of Offeror's Property from the southern boundary
of the existing trail to the northern property line of Offeror's Property and agreeing to
hold the Offeror, and the Offeror's successors in interest, harmless, and to indemnify
them, for any claim of damage or loss of any nature which a third party may suffer as a
result of the use of the trail easement .
Dated: /��- / cJ 2000
Acknowledged and
COVENANTOR
Dated: /.�- i , 2000 By:
(Signature of ovenantor Musf be
Properly Acknowledged and N tarized)
This Irrevocable Offer to Dedicate is hereby accepted.
Dated: 27 2000
127702:DCH:10123100
CITY OF SAN JUAN CAPISTRANO,
a Municipal corporation
Title: Director of Engineering $ Building
Page 2 of 2
STATEMENT OF COVENANTS EFFECTING LAND DEVELOPMENT
(CONDITIONAL USE PERMIT NO. 98-007)
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californiy,
�!Iss.
County of e; c�'�
On �a l9 dvuU
Data
personally appeared
hefore ma. &Z�eC 1 i' /V , ISE Z/�
Place Notary Seal Above
personally known to me
7 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNE S my hand and offici se I.
ignamre of Notary P.Kc
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 ofDocument:
.:TT"4
Title or Type of
Document Date: �a'l + 5 /�V Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
`Signer's Name:
t Individual
G Corporate Officer—Title(s): _
E Partner—L7 Limited a General
LL Attorney in Fact
L7 Trustee
E Guardian or Conservator
F 11 Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
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PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On December29, 2000 , before me, Dawn M. Schanderl , Deputy
City Clerk, personally appeared ---William M. Huber--- , personally
known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
(SEAL)
WITNESS my hand and official seal.
Deputy City Clerk
Capacity Claimed by Signer
Municipal Corporate Officer
Director of Engineering & Building
Title
Signer is Representing
City of San Juan Capistrano
OPTIONAL
Description of Attached
Document
Irrevocable Offer to Dedicate
Title or Type of Document
5 pages
Number of Pages
December 29, 2000
Date of Document
David and Barbara Matty
Signer(s) Other Than Named Above