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1997-1216_JANNARD / PICKETT_Maintenance Agreement0 0 Recorded at the Request of and Return to: CITY CLERK'S OFFICE Recorded in the County of orange, California City of San Juan Capistrano IGary NNlllllllllGranville, 1111111Clerk/Recorder 32400 Paseo Adelanto San Juan Capistrano, CA 92675 19970656175 11; 26aro 12/22/97 005 25006862 26 59 Al2 11 6.00 30.00 0.00 0.00 0.00 0.00 CHERYL JOW4SOIN, CITY CLERK CITY OF SAN JUAN CAPISTRANO Mailing address/legal description of benefiting property owners: Mr. Martin Pickett, 30115 Hillside Terrace, SJC, CA 92675 AP #650-251-01, Lot 27, Tract 6381 Ms. Pamela Jannard, 30111 Hillside Terrace, SJC, CA 92675 `1 AP #650-282-04, Lot 28, Tract 6381 Mailing address/legal description of underlying property owners: Mr. & Mrs. William Arsenault, 27301 Viewpoint Circle., SIC, CA 92675 AP #650-282-05, Lot 26, Tract 6381 Mr. David Larsen, 30105 Hillside Terrace, SIC, CA 92675 AP #650-282-03, Lot 29, Tract 6381 Mr. Howard Cunningham, 30101 Hillside Terrace, SJC, CA 92675 AP #650-282-02, Lot 30, Tract 6381 RECREATIONAL TRAIL MAINTENANCE AGREEMENT TRACT 6381, LOTS 26, 27, 28, 29 AND 30 This Agreement is entered into this 16th day of December, 1997, by and between the CITY OF SAN JUAN CAPISTRANO, herein referred to as "City", and Mr. Martin Pickett and Ms. Pamela Jannard, herein referred to as "Benefiting Property Owners". WITNESSETH: WHEREAS, the City is the holder of a certain equestrian/hiking easement for feeder trail purposes within Lots 26, 29 and 30 of Tract 6381 recorded with the Orange County Recorder in Book 433, pages 6 through 15, said easement being revised and recorded with the Orange County Recorder as Document No. 85-278191, attached herein as Exhibit 1; and, WHEREAS, it is presently City policy that feeder trails be maintained by the underlying Homeowners' Association or private property owners benefiting from said feeder trail, and; 0 0 Recreational Trail Maintenance Agreement Page 2 WHEREAS, the City has agreed to replace trail fencing, repair existing erosion damage and improve said trail to a usable condition with the understanding that the present and future Benefiting Property Owners of Lots 27 and 28 will maintain said feeder trail in perpetuity. NOW, THEREFORE, City and Benefiting Property Owners mutually agree as follows: SECTION 1. City Obligations. City agrees to perform the following maintenance and repair functions with respect to the trail easement area identified on Exhibit 1 within sixty (60) days from the effective date of*this Agreement in transitioning future repair and maintenance functions, as set forth herein to Benefiting Property Owners: City shall: (a) Repair all fencing in such a manner that the subject equestrian trail shall be fully fenced with a two -rail lodgepole system on both sides of the trail except at access points, as requested by the underlying property owners. (b) Repair any erosion damage within the trail area. (c) Maintain/repair erosion damage for a period of one year commencing from the date noted in the first paragraph of this Agreement. (d) Remove any existing vegetation in the trail area. In addition, the City shall conduct an inspection of the trail area with Benefiting Property Owners when the repkir activity is completed for the purpose of having Benefiting Property Owners acknowledge that the trail, with improvements, is in good working order. SECTION 2. Benefiting Proper y Owners' Obligations. Benefiting Property Owners shall: (a) Perform maintenance and repair activities on the subject equestrian trail upon their acknowledgment that the trail is in a good state of repair which said acknowledgment shall occur within the sixty (60) day period set forth above. Maintenance and repair activities shall consist of maintaining the two - rail lodgepole fence system in good working order, removal of vegetation from the trail area at least three (3) times per year, and repairing any erosion activity or damage to the trail from trail usage. 0 0 Recreational Trail Maintenance Agreement Page 3 (b) Mutually share a fifty-fifty (50-50) financial obligation in performing the maintenance and repair obligations set forth in subpart (a) above. (c) Individually maintain homeowner's insurance, or other appropriate insurance in an amount of, not less than, Three Hundred Thousand Dollars ($300,000) per occurrence with respect to potential personal injury or property damage liability events that might occur in the course of maintenance and usage of this trail area. Each Benefiting Property Owner shall present an insurance certificate to the City verifying that such insurance is in place within ten (10) days from date of approval of this Agreement. SECTION 3. Hold Harmless. City shall indemnify, save, and defend Benefiting Property Owners harmless from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, for damages to property or injuries to or death of any persons arising out of City's performance of its obligations under this Agreement. Benefiting Property Owners shall indemnify, save, and defend City, its elected and appointed officials and employees harmless from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, for damages to property or injuries to or death of any persons arising out of Benefiting Property Owners' performance of their obligations under this Agreement. SECTION 4. Covenant Running With the Land. Benefiting Property Owners agree that this Agreement shall run with the land and bind all of Benefiting Property Owners' successors, assigns and heirs. SECTION 5. Entire Agreement. This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. SECTION 6. Remedies. (a) Disputes. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS.). 0 9 Recreational Trail Maintenance Agreement Page 4 (b) Attorneys' Fees. If any action 4 law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. IN WITNESS WHEREOF, the parties have executed this Agreement as to the date first written above. CITY OF SAN JUAN CA TRANO: G -L es MAYOR AT CHERYL J014NSOW, CITY CLERK AS XO FORM: SHAW, CITY ATTORNEY BENEFITING PROPERTY OWNERS: MARTIN PICKETT, OWNER LOT 27 PAMELA JANN��RD, WNER LOT 28 Kccorrjol at the request ort. ,:nd return to: (W CITY CLERK'S OFFICE City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano. California 92675 Docume,*=— EXEMPT An EXHIBIT 1 to C 7 Govert...—.- ..103 Mary Anno er, Ci y Clerk / San Juan apistrano, California C95--:'78191 LOFRANGE IAL RECORDS CALIFORNIAUL 2 9.85Project No,Project:� ou n 1� AECOFptN Parcel No. Tract 6381 Lots 26, 29;' 30 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JUDITH A. AND LAURENCE D. KNUTSON, CHARLES A. AND MARY A. ROBERTS, ANTHONY M. AND KATHLEEN M. GARCIA, C. DEAN STEWART AND RONALD W. CASE do hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, _ a perpetual easement and right of way for Equestrian/Hiking Trail purposes in, on and over the real property in the City of San Juan Capistrano, County of Orange, State of California, described as: i shown in Exhibit A (attached) BYL�✓! G c� Lot 30, Tract 6381 RONALD W. CASE ft r 85--278191 EXHIBIT "A" LEGAL DESCRIPTION OF EQUESTRIAN EASEMENT Those portions of Lots 26, 29 and 30 of Tract No. 6381 in the City of San Juan Capistrano, County of Orange, State of California, as shown on a map filed in Book 443, Pages 5 through 15, inclusive, of Miscellaneous Maps in the office of the County Recorder of said County described as follows: Parcel 1 A strip of land 10.00 feet wide, the southerly and westerly lines described as follows: Beginning at the Southwest corner of said lot 30; thence Easterly along the Southerly line of said lot 30 North 89036'00" East, 292.31 feet; thence leaving said Southerly line South 0°36'00" West, 126.94 feet; to the beginning of Course "A"; thence along Course A South 43°46'00" East 36.22 feet; thence North 80000'00" East 159.25 feet; thence South 89°30'00" East 52.90 feet; thence North 88°24'00" East 110.80 feet to a point in the Easterly line of said lot 26 that bears South 24°34'00" East 10.05 feet from the Northerly terminus of that certain course in said Easterly line shown as "N24°34'00"W 137.03"'. The sidelines of said strip are to be prolonged or shortened so as to begin in the Westerly line of said lot 30 and to terminate in the Northerly and Easterly lines of said lot 26. 85--w'�8191 Parcel 2 That portion of said lot 26 lying Southwesterly of a line that is parallel with and distant Northeasterly 18.50 feet from the hereinabove Course "A" described in Parcel 1; bounded on the Northwest by the Easterly line of hereinabove described Parcel 1 and bounded on the Southeast by the Northerly line of hereinabove described Parcel 1. All as more particularly shown on a map "Exhibit B"; attached hereto and by reference made a part hereof. Leonard C. Stiles L.S. 5023 W-109 FOL-100-08 March 28, 1985 Revised April 3, 1985 ■ � �-2'8191 EZ 27 ZB 72d' / £BRACE OETAfL A^ i�O.s st.�a' u 1 0 N / s�N•�i'i o rg Z •� Ns�' � 5iE dao "ice � N i �� •v 0 o as T: -7A :-7 $ N a n 10, let z Ai /249¢ i I/, al , o � � --------- - 1 / iLa g00' ------- 0' Z SCALE �i0' -.�;- P.O.B. �r�'sr?rc ExN�air "a„ SKETCH TO ACCOMPANY C _FGA[. ,OESC,P/PT/O V OF EQUEST,?/AN EASEMENT OYER GOTS 26, 29 C'.30 Prepared by TRACT 638/ C/TY OF SAN JUAN CAP/STRANO DAV IDA O,PAN6F COUNTY, CA /- /FO,PN/A p �6 . _ E:VniNH RING �%4'PC'�'y zB, /9g$ rw R ,df AP4, .. - .. . •• - Fq/- /q0-lJR W - //J 9 • State of CALIFORNIA County of ORANGE C] On jg AloV 1 44 7before me, PH1UP J. HUGHES, NOTARY 01.lBU6 (DATE) (NAMEITITLE OF OFFICER.i.e.-JANE DOE, NOTARY PUBLICI personally appeared ❑ personally known to me -OR--rT-- (SEAL) NAIk ulit" N MFranEle , bit t2W ATTENTION NOTARY proved to me on the basis of satisfactory evidence to be the person(s) whose name(gl Is/aFe subscribed to the within instrument and acknowledged to me that he/sbekhey executed the same in his/heNAI+eiF authorized capacity(iee), and that by his/ho4*hok signature(s4 on the instrument the personal, or the entity upon behalf of which the persona) acted, executed the instrument. my hand and official seal. The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signerlsl Other Than Named Abow WOLCOTTS FORM 63240 Rev. 3.94 IPrice clew S -2A) 01994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOVILEOGMENT WITH SIGNER CAPACITYMEPRESENTATIONRWO FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIONERIS) INDIVIDUAL ❑CORPORA OFFICERISI mnFel ❑PARTNER(S) OLIMITED OGENERAL ❑ATTORNEY IN FACT OTRUSTEE(S) O G UARD IAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entitv(iesl RIGHT THUMBPRINT IOptionai) CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUALISI OCORPORATE OFFICER(S) MTUESI OPARTNERIS) ❑LIMITED OGENERAL ❑ATTORNEY IN FACT OTRUSTEEIS) O G U ARD IAN/CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Pereon(s) or Entity0es) IIIIIIIIIIII411611240III 8 State of CALIFORNIAII N RIGHT THUMBPRWT(Optionaq County of NGE On efore me, MOLLY MCKEE, NOTARY PUBLIC (DATE) ,�,,., " 1NAMErrITLE OF OFFICER.i.e.-JANE DOE. NOTARY PUBLIC-) personally appeared ,-�1 / (X. ciL.- L��- (NAME(SI OF SIGNER(SI) ❑ personally known to me -OR- MOLLY M. E COMM. # 1146923 D Notary Public California y < ♦ ORANGE COUNTY My Comlnipfon Exp.7/17/01 (SEAL) proved to me on the basis of satisfactory evidence to be the personps► whose names} istwe subscribed to the within instrument and acknowledged to me that Jhe/she/trey executed the same In *is/her/their authorized capacityGes), and that by #is/heritheir sIgnatureis) on the instrument the personF*), or the entity upon behalf of which the person:4 acted, executed the instrument. Witness my hand and official seal. CAPACITY CLAIMED BY SIONERIS) OINDIVIDUALIS) OCORPORATE OFFICERIS) mttEm OPARTNER(SI OUMITED ❑GENERAL ❑ATTORNEY IN FACT OTRUSTEEIS) OGUARDIAN/CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of PenoMs) or Entitylies) RIGHT THUMBPRINT (Optional) 7 ��67Iilfll8 11 CAPACITY CLAIMED BY SIGNEMS) OINDIVIDUALIS) ❑CORPORATE ATTENTION NOTARY OFFICERIS) The information requested below and in the column to the right is OPTIONAL. 0"I Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S) ❑LIMITED unauthorized document. OGENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document OTRUSTEE(S) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Signer(s) Other Than Named Above SIGNER IS REPRESENTING: (Name of Personle) or Entitylies) WOLCOTTS FORM 63240 Rev. 3.94 (price clap 8-2A) 1994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOY EDGMENT WITH SIGNER CAPACITY/REPRESENTATION/ O FINGERPRINTS 7 ��67Iilfll8 0 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) 0 On December 16. 1997 before me, Cheryl Johnson City Clerk, personally appeared - - - Gil Jones - - 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. Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano OPTIONAL Description of Attached Document Recreational Trail Maintenance Agreement. Tract 6381, Lots 26. 27. 28.29 and 30 Title or Type of Document Eight Number of Pages December 16, 1997 Date of Document Signer(s) Other Than Named Above E December 18, 1997 O I�� 1961 mlo�r61 uuno 1776 Ms. Pamela Jannard 30111 Hillside Terrace San Juan Capistrano, California 92675 Re: Recreational Trail Maintenance Agreement Dear Ms. Jannard: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH At their meeting of December 16, 1997, the City Council of the City of San Juan Capistrano adopted Resolution No. 97-12-16-2, which approved a Recreational Trail Maintenance Agreement between the City and you and Mr. Pickett, as the benefitting property owners. A copy of Resolution No. 97-12-16-2 is enclosed for your information. Also enclosed is a signed copy of the Recreational Trail Maintenance Agreement. The original Acreement has been forwarded to the Orange County Recorder's Office. Please feel free to contact Tony Foster at 443-6351 if you have any questions. Very truly yours, Cheryl Johnson, CMC City Clerk Enclosure cc: Engineering and Building Director Tony Foster 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 aluo uae IS snae mem 1961 1776 MEMORANDUM TO: Interested Property Owners FROM: Cheryl Johnson, City Clerk DATE: December 18, 1997 SUBJECT: Recreational Trail Maintenance Agreement MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GILJONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH At their meeting of December 16, 1997, the City Council of the City of San Juan Capistrano adopted Resolution No. 97-12-16-2, which approved a Recreational Trail Maintenance Agreement between the City and Mr. Martin Pickett and Ms. Pamela Jannard, the owners of Lots 27 and 28 of Tract 6381. A copy of Resolution No. 97-12-16-2 is enclosed for your information. Please feel free to contact Tony Foster at 443-6351 if you have any questions. cc: William Arsenault David Larsen Howard Cunningham Seabreeze Management Robyn Robinson 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 0 Upon motion of-Cotme ember Campbell, seconded by Council Member Hart, and unanimously carried, the $40,000 bu ndment to the 1997-98 Capital Improvement Program was approved. Staff was directed to close ail if recent erosion had made it unsafe. 2. CONSIDERATION OF A RESOLUTION APPROVING A RECREATIONAL T .A_IIlMAINTENANCE AGREEMENT - LOTS 26-30 TRACT 6381 (STONERIDGE ESTATES) (600,30) Written Communication: q\ Report dated December 16, 1997 from the Director of Engineering and Building, recommending adoption of a Resolution approving a Recreational Trail Maintenance Agreement, Lots 26-30, Tract 6381 (Stoneridge Estates). The Report indicated that the owners of Lot 26, Tract 6381, had requested abandonment of the feeder trail which bisects their property. The property owners of Lots 27 and 28, who both benefit from the trail, requested that the easement remain and had executed an agreement to assume filture maintenance of the trail. Mr. Huber, Director of Engineering and Building, made an oral presentation noting that the City would agree to maintain the trail for one year and perform repairs before the property owners' acceptance of the easement. He further noted that the owner of Lot 26 had agreed to the assumption of maintenance by the owners of Lots 27 and 28. Adoption of Resolution: It was moved by Council Member Greiner, seconded by Council Member Swerdlin, that the following Resolution be adopted: (PICKF_TT/JANNAM) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPRC VING A RECREATIONAL TRAIL MAINTENANCE AGREEMENT FOR A RECREATIONAL FEEDER TRAIL SERVING LOTS 27 AND 28 OF TRACT 6381, STONERIDGE ESTATES, SAID TRAIL BEING LOCATED WITHIN LOTS 26,29 AND 30 OF TRACT 6381 (PICKETT/JANNARD) The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None City Council Minutes -10- 12/16/97 0 0 AGENDA ITEM December 16, 1997 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering and Building SUBJECT: Consideration of a Resolution Approving a Recreational Trail Maintenance Agreement, Lots 26-30, Tract 6381 (Stoneridge Estates) RECOMMENDATION: By Motion: Approve the Resolution. 2. Authorize the Mayor and City Clerk to execute the Resolution and Agreement. Direct the City Clerk to forward the Agreement to the Orange County Recorder's Office. SITUATION: A. Summary and Recommendation: Mr. and Mrs. William Arsenault, owners of Lot 26, Tract 6381, requested abandonment of the subject feeder trail (Attachment 1, Location Map) which bisects their property. The trail benefits (serves) two properties, Lot 27 (Pickett) and Lot 28 (Jannard). Both benefiting property owners requested that the easement remain and have executed the subject Agreement thereby assuming future maintenance of the trail. The Parks, Recreation and Equestrian Commission and Staff recommend adoption of the subject Resolution approving the Recreational Trail Maintenance Agreement. B. Background: This Agenda Item deals with the issue of maintenance responsibility for a feeder trail in the Stoneridge Estates development. The feeder trail is presently a public easement dedicated to the City. Staff has determined that the City is responsible for long-term maintenance of this feeder trail. However, since it only serves a small number of private property owners, the Cty Staff and the Parks, Recreation and Equestrian Commission have attempted in this Item to reduce the City trail maintenance obligation through a Cooperation Agreement as outlined below, with the directly affected private lot owners. 0 9 AGENDA ITEM -2- December 16,1997 The subject trail traverses Lots 26 (Arsenault), 29 (Larsen) and 30 (Cunningham). All three of those properties have immediate access to the General Plan trail and do not benefit from the subject feeder trail. The Parks, Recreation and Equestrian Commission reviewed the abandonment request at their September 1996 and April and May 1997 meetings. The Commission and Staff reviewed the site to determine the feasibility of re-routing the trail. It was determined that, due to topography, the existing route is the most feasible. The Commission also requested Staff research maintenance responsibility and repair costs. Because feeder trails usually access a small number of parcels, the Municipal Code was amended in 1984 to require homeowners Associations to maintain feeder trails (Section 9- 4.106 (5) (a) (b) (c)). However, the maintenance responsibility policy was not in effect when the Covenants, Coditions & Restrictions for Stoneridge Estates were created. Unaware of this, in 1993, Staff field reviewed the trail system within Stoneridge Estates with the property management company. At that time it was agreed the Stoneridge Estates Homeowners Association (SEHOA) would maintain the subject feeder trail. Since that trail review, the City has been under the assumption that the feeder trail was being maintained by the SEHOA. However, after the September 1996 Parks, Recreation and Equestrian meeting Staff received notice from the SEHOA legal counsel that they are not responsible for, and will not accept maintenance of, the trail because no legal obligation was ever imposed on the SEHOA to maintain the trail. Staff has since reviewed the CC & R's and concluded it cannot disagree with this position. It does not appear that the feeder trails in Stoneridge have been maintained since the 1993 field review. In addition, the City Attorney has reviewed this Association's CC & R's and also concluded that when the SEHOA was formed feeder trail maintenance obligations were not imposed on the Association. Since two property owners desired that the trail remain, three scenarios were explored: The City would clear the trail but leave it unimproved. However, this would leave the underlying property owners in limbo regarding what improvements could be installed within the unused easement area of their property and eliminate a defined trail connection for the benefiting property owners, Pickett and Jannard. 2. The City would improve and maintain the trail. The Commission felt this was an unfair burden on the City as the trail only serves two properties. 3. The City would improve the trail with an agreement whereby the benefiting property owners would assume all future maintenance. AGENDA ITEM -3- December 16,1997 After considered study and discussion by Staff and Commission, it was concluded that an equitable approach to the question of future maintenance of this feeder trail involve limited, up front, improvement of the deteriorated condition to the present trail by City with future maintenance undertaken by the two immediately benefiting private property owners, namely Jannard and Pickett. Therefore, Staff has negotiated an agreement with those owners which provide in concept as follows: a. City shall repair the existing feeder trail deficiencies (i.e., fencing, overgrown vegetation, etc.) and maintain the trail for a period of one year; b. Estimated cost of this obligation is approximately $6,400; C. Property Owners shall mutually share in the financial obligation to maintain the feeder trail thereafter in perpetuity. This obligation will run with the title to their land. The owners are further required to maintain appropriate liability insurance. Staff believes that this is an equitable solution to balancing the cost of feeder trail maintenance against the benefits of continuing a viable equestrian trail system in this area. This item was reviewed at the Parks, Recreation and Equestrian Commission meetings of September 1996 and April and May of 1997 meetings. The Commission recommended improvement of the trail subject to recordation of a Maintenance Agreement by the benefiting property owners. )FINANCIAL CONSIDERATIONS: Cost to clear trail (completed): $ 600 Cost to refence trail: $6,400 One year of maintenance: $ 150 The above funds are available from Account No. 12-65300-7704-459, Trail Improvement Fund. 0 0 AGENDA ITEM -4- December 16,1997 PUBLIC NOTIFICATION: Stoneridge Estates Homeowners Association - (c/o Sea Breeze Management Co., Attention: Susan Ertelt) William Arsenault, owner of Lot 26 Martin Pickett, owner of Lot 27 Pamela Jannard, owner of Lot 28 David Larsen, owner of Lot 29 Howard Cunningham, owner of Lot 30 Robyn Robinson, Agent for Pamela Jannard ALTERNATE ACTIONS: 1. Approve the Resolution regarding trail maintenance. 2. Do not approve the Resolution. 3. Request additional information from Staff. RECOMMENDATION: By Motion: Approve the Resolution. 2. Authorize the Mayor and City Clerk to execute the Resolution and Agreement. Direct the City Clerk to record the Agreement with the Orange County Recorder's Office. Respectfully submitted, &,,g"�/( William M. Huber Director of Engineering and Building Attachment: 1. City Vicinity Map 2. Project Location Map 3. Resolution 97-12-16- Prepared by, ithony Fosfe Engineering Assistant A TT A t%URAC\IT i , ATTACHMENT 2 / LOCATION MAP ' Z a�. wr \1�TRAIL ,�MO•lLOO a M � 8ir1 g -1 t 100, r� GENERAL PLAN TRAIL• RESOLUTION NO. 97-12-16-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A RECREATIONAL TRAIL MAINTENANCE AGREEMENT FOR A RECREATIONAL FEEDER TRAIL SERVING LOTS 27 AND 28 OF TRACT 6381, STONERIDGE ESTATES, SAID TRAIL BEING LOCATED WITHIN LOTS 26, 29 AND 30 OF TRACT 6381 (PICKETT/JANNARD) WHEREAS, the City of San Jean Capistrano is the holder of an easement for hiking and equestrian purposes within Lots 26, 29 and 30 of Tract 6381; and, WHEREAS, due to the limited use by the public of said feeder trail, the City desires to transfer maintenance to the properties benefitting from said feeder trail; and, WHEREAS, the benefitting property owners of Lots 27, Martin Pickett, and 28, Pamela Jannard, of Tract 6381 have executed the subject Recreational Train Maintenance Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: 1. The City Council hereby approves the Recreational Trail Maintenance Agreement, attached as Exhibit "A" and made a part hereof. 2. The City Council hereby authorizes the Mayor and City Clerk to ex -cut- this Resolution and the Recreational • rail Maintenance Agreement. 3. The City Council hereby directs the City Clerk to forward the Recreational Trail Maintenance Agreement to the Orange County Recorder's Office. PASSED, APPROVED, AND ADOPTED this 16th day of December 11997. GIL JOI�S, YOR ATTEST: CITY CLERXJ 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. 97-12-16-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 16th day of December 1997, by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) yr— CHMYL JOH99ONXITY CLERK -2-