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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 28 -1- OB -IB -09 w11am From -CLERK OF BOARD +7148344438 T-972 P 06/10 F-570 �+— • . • agreement NO- 06/-I`O'J i 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. 28 -2- 08-18-09 09:11am From -CLERK OF & BOARD +7148344439 • T-972 P 07/10 F-570 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. -3- OB -18-09 09:I1am From -CLERK OFTyE • BOARD +7148344439 T-972 P 08/10 F-570 nytccmouc ou. 1 2 3 4 5 6 7 8 9 10 11 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 %%/ 24 25 26 27 28 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 -4- OB -18-00 09:11am From -CLERK OF BOARD STATE OF CALIFORNIA ss_ COUNTY OF ORANGE v v +7148344438 1 1 .)UJ* 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 ". ,,­ 01 - 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 -0- -1'.- 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.