1988-0223_ORANGE, COUNTY OF_Agreement00-18-08 08:10am From-CLERK OF T BOARD +7148344438 T-872 P D5/10 F-570
Clark pf /he Board rrn uuv i wur W.Agreement NO. 06/-1"
O(iA:CE COUNTY
1 AGREEMENT BETWEEN COUNTY OF ORANGE, ORANGE COUNTY HARBORS, BEACHES
AND PARKS DISTRICT AND CITY OF SAN JUAN CAPISTRaNO FOR TRANSFER OF OPEN
2` SPACE DEDICATIONS AND MAINTENANCE OF EQUESTRIAN 'GRAILS IN THE COLINAS DE
CAPISTRANO-LAGUNA HEIGHTS A.2FA
3
4 This Agreement made and entered into this _Azdj day of
5 1987, is
6 BY AND BETWEEN
7 CITY OF SAN JUAN CAPISTRANO, a municipal
corporation, her<.inafter referred to as "CITY,"
8
AND
9
COUNTY OF ORANGE, a political subdivision
10 of the State of California, hereinafter
designated as "COUNTY" and
11 THE ORANGE C:OUNTa'. 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
141 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 County General Plan; and
17 WHEREAS, the Master Plan of Riding and Hikin!i Trails identifies an
18 equestrian and hiking trail in the vicinity of the Colinas de Capistrano bluffs and
19 the Laguna Heights area; and
E0 WHEREAS, the approval of various tract maps within said area were subject
21 to, among other things, conditions which required the offer in fee 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 equestrian trails in conformance
24 with the COUNTY'S Recreation 'Element; and
25 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 Iaquestrian trails therein; and
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�+— • . • agreement NO- 06/-I`O'J
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1 WHEREAS, the CITY has offered to provide res{tonsible local stewardship of
2 this open space and requested the COUNTY and DISTRICT transfer their interests in
31 these lands to the CITY; and
4 WHEREAS, the COUNTY and DISTRICT are willing to convey their interests in
5 these certain open space lands and open space and trail.. easements and certain offers
6 of dedication thereof to the CITY in consideration of t:he CITY's preserving such
7: open space in perpetuity and accepting the maintenance of such trail easements.
8 NOW, THEREFORE, in consideration of the prom.i.ses herein contained, said
9 parties agree as follows:
10 1. COUNTY agrees to quitclaim and transfer that certain open space and
11 trail easements, offers of open space easement dedication, 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.
151 2_ CITY agrees to manage those open space lends identified in Exhibit A
16 and agrees to preserve in perpetuity such open space e,sements and irrevocable
171 offers for open space, recreation, trail, scenic preservation and/or resource
18 preservation, passive recreation and related 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. Such maintenance shall include,
21 but not be limited to, the following:
22 A. Signs: Maintain any existing signs, including replacement as
23 needed,
24 S. Litter: Patrol for litter pickup within the trail right-of-way on
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.
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Agreement No. D87-199
D. Trees and shrubs: Routinely trim an(: prune trees and shrubs
adjoining the riding trails so as to maintain safe trail use_
E. Grading: Annually grade trail and fill holes and ruts so as to
maintain safe trail use.
9. CITY agrees to accept, subject to the cOrfirmation of accuracy, the
aforementioned Quitclaim Deed, and record same within 60 days of receipt from
COUNTY.
S. Indemnification. CITY agrees to indemnify, defend and hold COUNTY and
DISTRICT, their officers and employees free and harmless from any and all liability
expense, including defense costs and legal fees, and claims for damages of any
nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, or property damage arising from or connected with CITY's operations, or its
actions hereunder, including any workers' compensation suits, liability, or expense,
arising from or connected with services performed by any person on behalf of CITY
pursuant to this agreement.
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nytccmouc ou.
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IN WITNESS WHEREOF, the patties hereto have?xecuted this Agreement on the
day and year dated below.
Date= July 21, 1987
Approved as to form:
C, LAa6r_ -
Joba R. Shaw, City Attorney
:�ORPORATEACKNOWLEDGMENT
nzo
State of California
- SS.
County of Orange
88-1158915
E= OFFICIAL SEAL
CHERYL A JOHNSON
NOTARY PUBLIC - CALIFORNIA
GP;, G- CO3MTV
N/ comm 'C'qucs NGV Il, 1989
CITY -
City of San Juan Capistrano, a municipal
corporation
By. ;'4z4oell
Anthony L. i 91and, Mayor
Attest:
Mary Ann Ha er, Cit Cl rk
NO 202
On this the 21 sr day of _,. J111 Y _ 1g$Z_, before me,
Cheryl A. Johnson
the undersigned Notary Public, p drsonally appeared
Anthony L. Bland and Mary Ann Hanover
® personally known to me
C proved to me on the basis of! ati9factory evidence
to be the person(s) who executed the within instrument as.
Mayor and City Clerk - munlcinT341
oronbehalf.of.the�nth
erein
munlci a
named, and acknowledged to m!: that thdcorpora on executed it.
WITNESS my hand and official Baal.
NATIONAL NOTARY ASSOCIATION a 23012 vnniWn BICC • PO BOX4626 • Woodland NdIA CA 913854625
23 Clerk of tki-: Boacd of Supervisors
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KS:awPRO11-20 -4-
7191
OB -IB -08 08:11 am From -CLERK OF j BOARD
+7148344438T-872 P OB/10 F-570
.
Agreement No.
IN WITNESS WHEREOF, the parties hereto have executed 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. anc, Mayor
Approved as to form: Attest:
R. Shaw, City Attorney Mary Ann HanMer, Cil- Clerk
Date: a-;3- (g
Approved as to form:
Adrian Kuyper, County Counsel
f / �puGY
KS:awPRO11-20
7191
COUNTY -
County of Orange, a political subdivision of
the State of Califorria, and Orange County
Harbors, Beaches and Parks District, a body
politic
Chairman of the Board
of Supervisors
Signed and certified that a copy of this
document has been delivered to the Chairman of
the Board:
By: t
Linda D. Roberts, .2-y 3_9F
Clerk of the Bo,,rd of Supervisors
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STATE OF CALIFORNIA
ss_
COUNTY OF ORANGE
v v
+7148344438
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T-872 P 10/10 F-570
AECOROED IN OFFICIAL RECORDS
OF ORANGE COUNTY CAtJFORNIN
-1115 AM MAR 15'88
.lfCiFOEt
on this 23rd day of February in the year 1988, before me,
Sandra L. Case personally appeared Linda D. Roberts,
personaly known to me (or proved to me on the basis of
satisfactory evidence) to be Clerk of the Baird of Supervisors of
the county of Orange, said Board acting as the governing Board of
the Orange County Harbors, Beaches, and Parka District, and known
to me (or proved to me on the basis of satis,Eactory evidence) to
be the person who executed the within instruinent on behalf of the
orange County Harbors, Beaches, and Parks District pursuant to
Government Code Section 25103, and acknowledr{ed to me that such
political subdivision executed the same by u%;e of an authorized
facsimile signature.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my seal of the day and year in this certificate first above
written.
�
/ r
Notary Publio"in
and for said
County and State
,w.s•o».o+.s...o
OUVAL SFAL
SANDRA L. C.NSE
!'•7 :�J::, Ndlary %bl:c - CaMorria
ORANGE C%JiMr
sY.• My G. W"wn F*gra Kwr 16, 1991
OosaroMM»yow
08-18-09 09:1Oam From -CLERK OF W
OARD +7148344438 • T-972 P 01/10 F-870
Facsimile Cover Sheet
CLERK OF THE BOARD OF S17PERVISORS
COUNTY OF ORANGE
10 CIVIC CENTER PLAZA, ROOM 465
SANTA ANA, CALIFORNIA 92701
(714) 834-'3q G a.
Facsimile Number: (714) 834-4439
To:
Facsimile Number:
Message.-
Total
essage:
Total Number of Pages (Including This Page)_
08 -IB -09 09:10am From -CLERK OF T}JE BOARD
+7148344438 • T-972 P 02/10 F-570
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNI/k
FEBRUARY 23, 1988
AGREEMENT NO. D87-199 WITH THE CITY OF SAN JUAN CAPISTIANO TO TRANSFER OPEN
SPACE DEDICATIONS AND MAINTENANCE OF EQUESTRIAN TRAILS IN THE COLINAS DE
CAPISTR N� LAGUNA HEIGHTS AREA: Environmental ManiLgement Agency, on behalf
of the Cityaf San Juan Capistrano, requests the conveyance of all real
property interests held by the County in certain open space lands, open space
and trail easements and offers of dedication thereof tl the City in
consideration of the City's preserving such open space in perpetuity and
accepting the maintenance of such trail easements.
MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Roth, the
Board moved to: 1. Authorize execution of Agreement No. D87-199 with the
City of San Juan Capistrano. 2. Direct the Clerk of the Board to record
Agreement No. 087-199 with the County Recorder. 3. Authorize execution of
revised Quitclaim Deed, dated November 24, 1987. MOTION UNANIMOUSLY CARRIED.
rR F3013 2 3 112/761
OB -18-08 08:10am From -CLERK OFT BOARD
AULINUA I I LIVI I AINJIVII I IAL
CONSENT ® VES
❑`4B1? 3123PitT
C! FII o,:?D
TO BOARD OF SUPERVISORS COUNTY OF ORAl
BOAR,:
FROMEMA
+7148344438
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CAD REVIE'IV
Concur
Do Not Ccncur
® Exempt
T-872 P 03/10 F-570
PROCESSED BY:
W. ScatT.ergood
February 23, 1988 Transfer of open space dedications and maintenance of
Equestrian Traits in the Colinas de Capistrano - Laguna
2173
MARY OF REQUEST (Description for agenda)
The City of San Juan Capistrano requests the conveyance of all real property
interests held by the County in certain open apace lands, open space and trail
easements and offers of dedication thereof to the City in consideration of
the City's preserving such open space in perpetuity and acc:epting the maintenance
of such trail easements.
ADDITIONAL DATA:
The subject agreement was previously considered by your Board at the meeting of August
18, 1987. At that time, your Board directed EMA to determine whether the City of
San Juan Capistrano's pending "Westside Annexation" affected the boundaries of the
Open space dedications, which constituted the subject agreement, and further directed
that said agreement not be returned to the Board until the annexation became final.
The certificate of completion on the Westside Annexation 6,as recorded on November 3,
1987. The zecordation of the certificate finalized the annexation.
(Continued on Rever,:e)
ACUS RELEVANT BOARD ACTIONS ON THIS SPE
Minute Order dated August 18, 1987
FUNDING SOURCES)
CURRENT YEAR COST
ANNUAL COST
BUDGETED? L YES NO
HBPD
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01LL PFiOPOSAL REQUIRE ADDITIONAL PERSONNEL?
CONSISTENT WITH BOARD POLICY?
E NO IF YES STATE NUMBER _ PERMANENT _
LIMITED TERM
I.J YES IN NEW ITEM OR EXCEPTION
RECOMMENDED ACT ION
1. Authorise Chairman to execute Agreement
No. D87-199 with the City of San Juan
Capistrano.
2. Direct the Clerk of the Board to record
Agreement No. 1)87-199 with the County
Recorder.
3. Authorize Chairman to execute revised Quitclaim Deed, ,.fated November 24, 1987.
CONCURRENCES (It applicable)
ATTACHMENTS
City of San Juan Capistrano
Agreement No D87-199''
Revised Quit+:laim Deed -
DATE AGENCY OR
DEPARTMENT AUTHORIZEDEPR^R ESENTATiVE
KS:an(04/31)8033 Ernie Schne-der, Director, EMA
00-18-08 08:10am From -CLERK OF BOARD +7148344438 T-872 P 04/10 F-570
AGENDA ITEM TRANSMITTAL
Page 2
ADDITIONAL DATA:
(Continued)
EMA determined that two minor parcels within the original quitclaim deed prepared
to convey the open space dedications to the City were outside the boundaries of the
Westside Annexation. Understanding that it was the Board's clear intent to convey
only those parcels that were within the annexation boundaries, the quitclaim deed
was revised to conform to the City's boundaries. As an att...ichment to the subject
agreement for purposes of describing the affected property, the original quitclaim
deed was accepted by the City Council upon its execution of said agreement. By letter
dated November 30, 1987, EMA transmitted the revised quiccla'im deed to the city for
its review and concurrence. By letter dated January 25, 19(18, the city concurred
with the revised quitclaim deed.
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CtQA):
The recommended action is not a project as defined by CEQA.