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1988-0223_ORANGE, COUNTY OF_Agreement (2)08-18-09 09:10am From-CLERK OF THE BOARD +7148344439 T-972 P 05/10 F-570 Clerk of the Board rrn uuv i wuc p Agreemen t NO. Db/-19'_4 I ri'1 !'.A OF ;Tt;= C1jJ~(�D �^ 01Lk?:C_E GLIUNTY 1 AGREEMENT BETWEEN COUNTY OF ORANGE, ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT AND CITY OF SAN JUAN CAPISTR.11NO FOR TRANSFER OF OPEN 21 SPACE DEDICATIONS AND MAINTENANCE OF EQUESTRIAN 'GRAILS IN THE COLINAS DE 3 CAPISTRANO-LAGUNA HEIGHTS A.,M. 4 This Agreement rr made and entered into this �,day of 5 %6yccQr , 19817, is 6 BY AND BETWEEN 7 CITY OF SAN JUAN CAPISTRANO, a municipal corporation, her.ttinafter referred tows "CITY," 8 AND 9 COUNTY OF ORANGE,, a political subdivision 10 of the State of ('alifornia, hereinafter designated as "CC)UNTY" and 11 THE ORANGE COUNTS: HARBORS, BEACHES AND PARKS DISTRICT, a body politic, hereinafter referred 12 to as "DISTRICT" 13 W I T N E S S E T H 14 WHEREAS, the COUNTY has established a system of regional hiking and 15 equestrian trails, as identified on the Master Plan of Riding and Hiking Trails, a 16 component of the Recreation Element of the Orange Counl::y General Plan; and 17 WHEREAS, the Master Plan of Riding and Hikin.ry Trails identifies an 18 equestrian and hiking trail in the vicinity of the Col:f.nas de Capistrano bluffs and 19 the Laguna Heights area; and 20 THERE-AS, the approval of.various tract maps within said area were subject 21 to, among other things, conditions which required the c_iffer in tee or in dedication of 22 certain lands and easements to the DISTRICT, for the purpose of providing regional 23 open space and.additions to the regional hiking and eqi.:iestrian trails in conformance 24 with the COUNTY'S Recreation Element; and 25I WHEREAS, the CITY is located immediately easterly of the Colinas bluffs - 26 Laguna Heights area, and is vitally interested in the viewshed afforded by the 27 aforementioned open space and the continuation of the equestrian trails therein; and 28 ^1_ 08-18-09 09:11am From -CLERK OF THE BOARD +7148344439 T-972 P 06/10 F-570 agreement No. 061-1y1) WHEREAS, the CITY has offered to provide responsible 1 P ►, nsible local stewardship of 2 this open space and requested the COUNTY and DISTRICT transfer their interests in 3 these lands to the CITY; and WHEREAS, the COUNTY and DISTRICT are willing to convey their interests in 5 these certain open space lands and open space and trai'!. easements and certain offers 6 of dedication thereof to the CITY in consideration of a:he CITY's preserving such 7 open space in perpetuity and accepting .the maintenance of such trail easements. i 8 NOW, THEREFORE, in consideration of the prom..i.ses herein contained, said 9 parties agree as follows: i 10 1. COUNTY agrees to quitclaim and transfer that certain open space and i 1T trail easements, offers of open space easement dedicat1on, and offers of fee simple 12 open space land dedication to CITY, which are more particularly described in the 13 attached Quitclaim Deed, and incorporated by reference,, as Exhibit A, herein and 14 subject to the conditions set forth hereinafter. 15 2- CITY agrees to manage those open space l:;nds identified in Exhibit ,A i i 16 and agrees to preserve in perpetuity such open space e,:isements and irrevocable 17 offers for open space, recreation, trail, scenic prese,r.vation and/or resource preservation, passive recreation and related ted purposes. 19 3. CITY agrees to maintain the trails identified in Exhibit A in a safe 20 and usable condition for public use in perpetuity_ Sua::h maintenance shall include, 21 but not be limited to, the following: 22 A. Signs: Maintain any existing signs, including replacement as i j 23 needed. i 24 3. Litter= patrol for litter pickup within the trail right-of-way on f i 25 a monthly basis, 26 C. Weed; Spray an emergent on trail to sterilize soil and prevent 27 the growth and spread of weeds as needed. i 28 --2- 08-18-09 09:11am I I From -CLERK OF THE BOARD +7148344439 T-972 P 07/10 F-570 Agreement No. D87-199 1'( D. Trees and shrubs: Routinely trim anr' prune trees and shrubs 2 adjoining the riding trails so as to maintain safe traJil use. 3 E. Grading; Annually grade trail and fill holes and ruts so as to 4 maintain safe trail use. 5 4. CITY agrees to accept, subject to the confirmation of accuracy, the i 6f aforementioned Quitclaim Deed, and record same within 60 days of receipt from 7 COUNTY. $' S. Indemnification. CITY agrees to indemni:('y, defend and hold COUNTY and 9 DISTRICT, their officers and employees free and harmle:ts from any and all liability 10 expense, including defense costs and legal fees, and c.'(aims for damages of any 11 nature whatsoever, including, but not limited to, bodia.y injury, death, personal 12 injury, or property damage arising from or connected with CITY's operations, or its 13 actions hereunder, including any workers, compensation suits, liability, or expense, 14 arising from or connected with services performed by array person on behalf of CITY 15 pursuant to this agreement. 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- OB -IB -09 09:11am From -CLERK OF THE BOARD 1 2 3 4 5 6 7 8 9 10 11 +7148344439 T-972 P 08/10 F-570 e%Y&VIC111allu 1VU. IN WITNESS WHEREOF, the parties hereto have •?xecuted this Agreement on the day and year dated below. Date: July 21„ 1987 Approved as to form: C (Lta6r-1 Jo 11 n R. Shaw, City Attorney Z.ORPORATE ACKNOWLEDGMENT State of Cal i 1'ornia SS. County of Orange 88-115895 OFFICIAL SEAL CHERYL A JOHNSON m NOTARZ' PUBLIC - CALIFORNIA My ccmnl. exri;0S NU 11, 1989 CITY: City of San Juan Capistrano, a municipal corporation By: Anthony L. ,1 and, Mayor Attest: Mary Ann Ha ez!, Cit§ Cl rk NO 202 On this the 21st day of 7tily _ 19$7_, before me, Cheryl A. John,:,on the undersigned Notary Public, 1. arsonally appeared Anthony L. Bland ansa Mary Ann Hanover ® personally known tome p proved tome on the basis of !-,atisfactory evidence to be the person(s) who executed the within instrument as . Mayor and City Clerk -or on behalf.of.the4orporation therein municiDa named, and acknowledged to rn-�: that thicorporation executed it. WITNESS my hand and official soar. Notary's Signat 1120 t22 NATIONAL NOTARY A590CIAYION • 23012 vm1,t„ry Bled • P O Box 4625 • Woodland Hillq CA 01365.4625 Clerk of this Board of Supervisors 23 24 25 26 27 28 KS:awPRO11-20 -4- 7191 i■ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 08-18-09 09:11am From -CLERK OF THE BOARD +7148344439 T-972 P 09/10 F-570 Agreement No. IN WITNESS WHEREOF, the parties hereto have exectited this Agreement on the day and year dated below. CITY: Date. July 21, 1987 City of San Juan Capistrano, a municipal corporation By: Anthony L. ani':, Mayor Approved as to form: Attest: C Jo I n R. Shaw, City Attorney Mary Ann Ha er, Ci'i Clerk COONTY: County of Orange, a ,political subdivision of the State of California, and Orange County Harbors, Beaches and Parks District, a body politic Date; =� 3 g Chairman of the Board . of Supervisors Approved as to form: Signed and certified that a copy of this Adrian Kuyper, County Counsel document has been delivered to the Chairman of the Board: /ApPut*Y Linaa D. Robert!:., 2_.13 -it /1/ ! Clerk of the Bowxd of Supervisors KS : awP 8011- 20 -4- 7191 08-18-09 09:11 am From -CLERK OF THE BOARD +7148344439 T-972 P 10/10 F-570 RECORDED IN OFPICiAL RECOCiUS OF ORANGE COUNTY CALIFORNIA STATE OF CALIFORNIA ) "MI5 AM MAR 15'88 COUNTY OF ORANGE ) ss- On s_ On this -Drd day of _ Feb Sandra L. Case ruary in the year 1988 , before me, personalnown to me or personally appez;,red Linda D. Roberts, on the satisfactory evidence)( beoved Clerk ofethe BoardaOfsSufery the county of Orange, said Board acting as tae governing 1 Board of ofg the orange County Harbors, Beaches, and Park;;, District,andknown to me (or proved to me on the basis of satis; be the person who execfactory evidence) to uted the within instrwitient on behalf of the Orange County Harbors, Beaches, and Parks District pursuant to Government Code Section 25103, and acknowledued to me that such Political subdivision executed the same by u!' of an authorized facsimile signature. IN WITNESS WHEREOF, I have hereunto set my hand MY seal of the day and year in this certific,lte firstaabovend f1xEd written. Notary Pull, icy in and for said County anc( State SANVIRA L. CASE faolary NbIT - Ca►Aornia �s ORANCE C(U,,q'r f My C' nmisaion Expires Marro 16, IOCi