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1994-1026_BEAR BRAND RANCH COMMUNITY ASSOC._D5_Agenda Report0 AGENDA ITEM TO: George Scarborough, City Manager 0 January 17, 1995 FROM: William M. Huber, Director of Engineering and Building SUBJECT: Approval of Resolution Accepting Peppertree Bend Recreational Trail Access Agreement, Tract 10593, Lots A, B and C (Bear Brand Ranch) RECOMMENDATION: Approve the Resolution accepting the Peppertree Bend Recreational Trail Access Agreement, authorizing the Mayor and City Clerk to execute the Agreement, and directing the City Clerk to record the Agreement. SITUATION: A. Summary and Recommendation The Bear Brand Ranch Homeowners Association has approved an Access Agreement for the Peppertree Bend Recreational Trail. This Agreement was requested by the Equestrian Commission to ensure continued public access to the trail. Staff recommends acceptance of the Agreement. B. Background Tract 10593, the Peppertree Bend section of Bear Brand Ranch, was developed while the property was within County jurisdiction. The County required the developer to install the subject trail as it is part of the County Master Plan of Riding and Hiking Trails. The trail is within Lots A, B and C of Tract 10593, open space lots owned by the Bear Brand Ranch HOA. The trail was never dedicated to the County. Upon completion of the development and the trail, Tract 10593 was incorporated into the City. A Use Agreement was then submitted to the City by the developer. However, the signatures were not notarized and the document could not be recorded. By the time this was discovered, the property had been transferred to the HOA which was reluctant to approve subsequent agreements. Staff has worked with the present HOA in creating the subject Agreement. This section of trail will ensure access to the main trail system by residents of Peppertree Bend, Paseo de la Paz, Cook Lane/Calle Roberto, Avenida Evita and Via Estelita. Easements exist that will allow the trail to be developed to the west of the city limits, within Laguna Niguel. Acceptance of this Agreement will allow for future vacation of an unimproved, parallel trail easement downhill from the subject easement. The parallel easement, once known as the Sacarama Trail, has missing links and has been encroached upon by fencing and landscaping installed by the underlying property owners. FOR CITY COUNCIL AGEN 0 AGENDA ITEM January 17, 1995 Page 2 0 COMMISSIONBOARD REVIEW AND RECOMMENDATIONS• Prior to its incorporation with the Parks and Recreation Commission, the Equestrian Commission requested Staff secure the subject Agreement. FINANCIAL CONSIDERATIONS: It is estimated yearly maintenance costs will be approximately $1,100. This cost was not anticipated in this year's Public Lands & Facilities Department Budget and will need to be included as part of the midyear budget review. PUBLIC NOTIFICATION: Bear Brand Ranch Homeowners Association. Dick Spaulding ALTERNATE ACTIONS: 1. Approve the Resolution accepting the Agreement. 2. Do not approve the Resolution. 3. Request additional information from Staff. RECOMMENDATION: Approve the Resolution accepting the Peppertree Bend Recreational Trail Access Agreement, authorizing the Mayor and City Clerk to execute the Agreement, and directing the City Clerk to record the Agreement. Respectfully submitted, dlia9M. uber, Director of Engineering and Building Attachments: Resolution Location Map Prepare by, Ao� Engineering Assistant RESOLUTION NO. 95-1-17-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE PEPPERTREE BEND RECREATIONAL TRAIL ACCESS AGREEMENT WITHIN A PORTION OF LOTS A, B AND C OF TRACT 10593 (BEAR BRAND RANCH) WHEREAS, the City has established a recreational trail system within the City limits; and, WHEREAS, the subject Agreement will allow public access to an improved, privately -owned General Plan trail; and, WHEREAS, the Bear Brand Ranch Homeowners Association has approved the Recreational Trail Access Agreement, attached hereto as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: That the Recreational Trail Access Agreement for the Peppertree Bend Trail is hereby approved and accepted. Zi*fkIIto] �`i� That the Mayor and City Clerk are hereby authorized to execute the Agreement. SECTION 3. That the City Clerk is hereby directed to forward the Agreement to the Orange County Recorder's Office for recordation. PASSED, APPROVED, AND ADOPTED this 17th day of January 11995. CXROLYN ASH, MAYOR ATTEST: i/ • __✓ALiI MOREGj! STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 95-1-17-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 17th day of January 1995, by the following vote: AYES: Council Members Jones, Hart, Campbell, Swerdlin and Mayor Nash NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHMON, CITY CLERK -2-