06-1024_ORANGE , COUNTY OF_Easement Deed and Agreement0
RECORDING REQUESTED BY:
County of Orange - IWMD
AND WHEN RECORDED MAIL TO:
County of Orange - IWMD
320 N Flower St., Suite It 400
Santa Ana, CA. 92703
Attn: Donna Garza
0
Recorded in Official Records, Orange County
Tan Daly, Clerk -Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE
20060007444010924am 11103106
115 42 E01 16
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TITLE OF DOCUMENT: EASEMENT DEED AND AGREEMENT
CONFORMED Copy
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
S�
3
5
11
13
15
17
19
21
23
25
27
29
31
33
35
37
39
41
43
45
47
49
51
0 0
PM 126-37
Refuse Disposal Station #26
Prima Deshecha Landfill
EASEMENT DEED AND AGREEMENT
This Easement Deed and Agreement is made a ��` 2 T 2006, by and between
COUNTY OF ORANGE, a body corporate and politic, hereinafter referred to as "COUNTY," and
CITY OF SAN JUAN CAPISTRANO a California Municipal Corporation, hereinafter referred to as
"CITY."
R E C I T A L S
A. COUNTY currently owns and operates the Prima Deshecha Landfill ("Prima") in the City of San
Juan Capistrano.
B. CITY operates a non -motorized recreational trail system and desires to include use of portions
of certain existing trails and roads located on Prima.
C. COUNTY is willing to grant an easement to CITY for operation of trails on Prima as compatible
with COUNTY operations at Prima, which trails shall be available for use by the general
population of Orange County.
D. CITY is willing to install fencing as required by COUNTY to restrict access from such trails to
other areas on Prima.
NOW, THEREFORE, COUNTY AND CITY agree as follows:
For a valuable consideration, receipt of which is hereby acknowledged, COUNTY does hereby grant
to CITY, its successors and assigns, a non-exclusive recreational trail easement for non -motorized
purposes in the County of Orange, State of California, in, on, over, and across that certain real
property (hereinafter referred to as "Easement Area") shown on Exhibit A and described on Exhibit B,
both attached hereto and by reference made a part hereof.
It is understood and agreed by the parties hereto and their successors and assigns, that said
easement herein granted shall be subject to the following terms and conditions:
CONSTRUCTION AND MAINTENANCE
CITY shall have its initial construction plans approved in writing by COUNTY s Director of integrated
Waste Management Department or designee or successor (hereinafter referred to as "Director") prior
to commencement of any work; and upon completion of any work, CITY shall immediately notify
Director of such completion. Director's approval of CITY's initial construction plans shall not be
deemed approval from the standpoint of structural safety, suitability for purpose or conformance with
building or other codes or other governmental requirements.
09-19-06. (SIC Tail Easement and Deed Agreemrnt Los Mares.dm -1-
1
3
5
7
9
11
13
15
17
19
21
23
25
27
29
31
33
35
37
39
41
43
45
47
49
51
CITY's initial construction shall include fencing as required by Director to restrict access from the
Easement Area to other areas of Prima.
All improvements constructed or placed in the Easement Area by CITY shall be operated and
maintained at no cost to COUNTY. .
Should it be necessary for CITY to disturb the surface of the Easement Area subsequent to the
completion of the initial installation of necessary facilities, CITY agrees to notify Director in advance
and to obtain Director's written approval of all plans for construction and/or maintenance prior to
commencement thereof. Said approval shall not be withheld capriciously or unreasonably, nor shall
said approval be necessary in any emergency situation.
2. RELOCATION
COUNTY reserves the right to relocate this easement. In the event COUNTY exercises this right,
COUNTY shall replace improvements in the Easement Area in kind and shall bear all costs of
relocating the easement and replacing the improvements. COUNTY shall first furnish CITY with a
document containing terms and conditions similar to those contained herein. COUNTY and CITY
agree that such relocation shall be made at COUNTY s expense.
3. CLOSURE OF EASEMENT AREA
COUNTY reserves the right to close access to the Easement Area for reasonable periods of time to
construct maintain and repair its landfill facilities. Any such closure shall be reviewed and approved
by CITY, whose approval shall not be unreasonably withheld. In the event of an emergency such
approval by CITY shall not be required, however, COUNTY shall notify CITY of such emergency
closure.
4. PUBLIC USE
CITY agrees to make recreational trail facilities in the Easement Area available to the general
population of Orange County at all times that such facilities are open for use under the terms of this
Easement Deed and Agreement.
5. HOLD HARMLESS (PMES5.1 N)
CITY hereby waives all claims and recourse against COUNTY, its elected officials, officers, agents,
and employees including the right of contribution for loss or damage or death of persons or property,
including COUNTY, its elected officials, officers, agents, and employees, arising from, growing out of
or in any way connected with or related to the Easement, the Easement Area or this Easement Deed
and Agreement, except claims arising from the concurrent active or sole negligence of COUNTY, its
officers, agents, and employees.
CITY hereby agrees to indemnify, hold harmless, and defend COUNTY, its elected officials, officers,
agents and employees, against any and all claims, loss, demands, damages, cost, expenses or
liability for injury oY death to any persons or property, including COUNTY, its elected officials, officers,
agents and employees, arising out of the use, operation or maintenance of the Easement Area,
described herein by CITY, its employees, independent contractors and agents, or by any invitee,
licensee, or other party expressly or impliedly permitted or invited by CITY to use the Easement Area
(collectively "CITY Permittees"), and/or CITY's or CITY Permittees' exercise of the rights under this
Easement Deed and Agreement, except for liability arising out of the concurrent active or sole
09-19-06 S1C Trail Easement and Deed Agreement Los Mams.doe -2-
0 0
1 negligence of COUNTY, its officers, agents, and employees, including the cost of defense of any
lawsuit arising therefrom.
3 If COUNTY is named as a co-defendant in a lawsuit, CITY shall notify COUNTY of such fact and
5 shall represent COUNTY in such legal action unless COUNTY undertakes to represent itself as co-
defendant in such legal action, in which event CITY shall pay to COUNTY its litigation costs,
7 expenses and attorneys' fees. If judgment is entered against COUNTY and CITY by a court of
competent jurisdiction because of the concurrent active negligence of COUNTY and CITY, COUNTY
9 and CITY agree that liability will be apportioned as determined by the court. Neither party shall
request a jury apportionment. The indemnities provided by CITY in favor of the COUNTY in this
11 Easement Deed and Agreement shall not require payment as a condition precedent.
13 6. HAZARDOUS MATERIALS
A. Definition of Hazardous Materials. For purposes of this Easement Deed and Agreement, the term
15 "Hazardous Material" or "Hazardous Materials" shall mean any hazardous or toxic substance,
material, product, byproduct, or waste which is or shall become regulated by any governmental
17 entity, including, without limitation, the COUNTY acting in its governmental capacity, the State of
California or the United States government.
19
B. Use of Hazardous Materials. CITY or CITY's employees, agents, independent contractors or
21 invitees (collectively "CITY's Permittees") shall not cause or permit any Hazardous Materials to be
brought upon, stored, kept, used, generated, released into the environment or disposed of on, under,
23 from or about the Easement Area (which for purposes of this clause shall include the subsurface soil
and ground water). Notwithstanding the foregoing, CITY may keep on or about the Easement Area
25 small quantities of Hazardous Materials that are used in the ordinary, customary and lawful cleaning
of and business operations on the Easement Area.
27
C. CITY Obligations. If the presence of any Hazardous Materials on, under or about the Easement
29 Area caused or permitted by CITY or CITY's Permittees results in (i) injury to any person, (ii) injury to
or contamination of the Easement Area (or a portion thereof), or (iii) injury to or contamination of any
31 real or personal property wherever situated, CITY, at its sole cost and expense, shall promptly take
all actions necessary or appropriate to return the Easement Area to the condition existing prior to the
33 introduction of such Hazardous Materials to the Easement Area and to remedy or repair any such
injury or contamination. Without limiting any other rights or remedies of COUNTY under this
35 Easement Deed and Agreement, CITY shall pay the cost of any cleanup or remedial work performed
on, under- or about the Easement Area as required by this Easement Deed and Agreement or by
37 applicable laws in connection with the removal, disposal, neutralization or other treatment of such
Hazardous Materials caused or permitted by CITY or CITY's Permittees. Notwithstanding the
39 foregoing, CITY shall not take any remedial action in response to the presence, discharge or release,
of any Hazardous Materials on, under or about the Easement Area caused or permitted by CITY or
41 CITY's Permittees, or enter into any settlement agreement, consent decree or other compromise with
any governmental or quasi governmental entity without first obtaining the prior written consent of
43 COUNTY. All work performed or caused to be performed by CITY as provided for above shall be
done in good and workmanlike manner and in compliance with plans, specifications, permits and
45 other requirements for such work approved by COUNTY.
47 D. Indemnification for Hazardous Materials. To the fullest extent permitted by law, CITY hereby
agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to COUNTY)
49 COUNTY, its elected officials, officers, employees, agents and independent contractors and the
Easement Area, from and against any and all liabilities, losses, damages (including, but not limited,
51 damages for the loss or restriction on use of rentable or usable space or any amenity of the
09-19-06 1 S1C Trail Easement and Deed Agreement Los MaresAm -3-
3
11
13
15
17
19
21
23
25
27
29
31
33
35
37
39
41
43
45
47
49
51
Easement Area or damages arising from any adverse impact on marketing of the Easement Area),
diminution in the value of the Easement Area, judgments, fines, demands, claims, recoveries,
deficiencies, costs and expenses (including, but not limited to, reasonable attorneys' fees,
disbursements and court costs and all other professional or consultant's expenses), whether
foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation,
storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from,
under or about the Easement Area by CITY or CITY's Permittees. The foregoing indemnity shall also
specifically include the cost of any required or necessary repair, restoration, clean-up or
detoxification of the Premises and the preparation of any closure or other required plans.
REMOVAL AND/OR ABANDONMENT OF EASEMENT
CITY agrees that in the event the purpose of this Easement is discontinued, or in the event the use of
the Easement Area ceases for a period of more than one (1) year without written notice from CITY to
COUNTY of the circumstances affecting such suspension and of CITY's intention to resume usage of
the Easement Area, CITY shall, at no cost to COUNTY, within sixty (60) days after receipt of written
notice from the Director, remove any portion of said facilities operated and/or maintained by CITY,
and restore the Easement Area to the condition that existed prior to the original grant of this
Easement to Director's satisfaction. In the event of such abandonment, CITY shall execute and
record in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the
encumbrance of the Easement from record title to COUNTY's real property.
8. GOVERNING LAW AND VENUE
This Easement Deed and Agreement has been negotiated and executed in the State of California
and shall be governed by and construed under the laws of the State of California. In the event of any
legal action to enforce or interpret this Easement Deed and Agreement, the sole and exclusive venue
shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto
agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil
Procedure Section 394.
9. DEFINITION OF "COUNTY"
The term "COUNTY" shall mean the COUNTY OF ORANGE. Actions to be taken by COUNTY
under this Easement Deed and Agreement shall be taken by the Board of Supervisors of the political
body which executed this Easement Deed and Agreement or its representatives specifically
authorized to take such actions under this Easement Deed and Agreement.
10. EXCEPTIONS AND RESERVATIONS
COUNTY hereby reserves for itself and its successors and assigns, such surface and subsurface
rights as will not interfere with or prohibit the complete use by CITY, its successors and assigns, of
the rights and easement herein granted. COUNTY will not place or permit any building on the
Easement Area or otherwise interfere with the full enjoyment by CITY of the easement hereby
granted.
This grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims
which may affect the Easement Area and the use of the word "grant" herein shall not be construed as
a covenant against the existence of any thereof.
09-19-06' S1C Trail F,asenxnt and Deed Agreement Los Mares.dm -4-
1
3
5
7
9
11
13
15
17
19
21
23
25
27
0 0
Nothing expressed or mentioned in this Easement Deed and Agreement is intended or shall be
construed to give any person, other than the parties hereto and their respective successors and
assigns, any legal or equitable right, remedy or claim under or in respect of this Easement Deed and
Agreement or any provisions hereof being intended to be and being for the sole and exclusive benefit
to the parties hereto and their successors and assigns described above, and for the benefit of no
other person.
I11. NOTICES
All documents, correspondence, and communications concerning this Easement Deed and
Agreement shall be directed as follows:
ITO:000NTY
County of Orange
Integrated Waste Management Department
320 North Flower Street, Suite 400
Santa Ana, CA 92703
Attention: Director
TO: CITY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92875
Attention: Engineering and Building
12. ATTACHMENTS TO DOCUMENT
This document includes the following, which is attached hereto and made a part hereof:
29
31
33
35
37
39
41
43
45
47
49
51
Exhibit A: Legal Description
Exhibit B: Recreational Trail Easement Location
9-19-06 SJC Trail Easement Deed and Agreement Los Mares.doc -5-
3
5
7
9
11
13
15
17
19
21
23
25
27
29
31
33
35
37
39
41
43
45
47
49
51
0
APPROVED AS TO FORM
City Attorney
By
Date: ('
APPROVED AS TO FORM
County Counsel
l
Date: 2 z I
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF TH
BOARD
DARL NE J. BLOOM
Clerk of the Board of Supervisors of Orange
County, California
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
0
CITY:
CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation
By
Title: David M. iweiZhin, Mayor
Date `llq/aor 47
ATTEST:
Monahan,
COUNTY OF ORANGE,
a body corporate and politic
By " W
Chairman of the Board of Supervisors
ACKNOWLEDGMENT
On (�*rV'1 200CL before me, 60rIA La Notary Public in and for said
County and State, personally appeared K)0VCIK person
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity, and'that by his/her/their signature(s) on the
instrument the person, or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
09-19-06
SJC Trail Eas�d Agreemrnt Lo Lm.dd-6-
1
0
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On September 19, 2006, before me, Margaret R. Monahan, City Clerk, personally appeared David
M. Swerdlin 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)
Capacity Claimed by Signers
Mayor
Title
Signers are Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
GZI
R. Monahan, City Clerk
OPTIONAL
Description of Attached Document
Easement Deed and Agreement
EXHIBIT "A"
LEGAL DESCRIPTION
1 THOSE PORTIONS OF THE LAND IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,
2 DESCRIBED AS FOLLOWS:
3
4 PARCEL 1:
5
6 A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE
7 FOLLOWING DESCRIBED CENTERLINE:
8 BEGINNING AT A 2" IRON PIPE TAGGED "RCE 14814" AT THE INTERSECTION OF THE
9 NORTHERLY END OF CAMINO DE LOS MARES AND THE NORTHERLY LINE OF TRACT NO.
10 14000 AS SHOWN ON THE MAP OF SAID TRACT FILED IN BOOK 681, PAGES 38-45 OF
11 MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
12 THENCE ALONG THE NORTHERLY LINE OF SAID TRACT SOUTH 85027'17" EAST 891.96
13 FEET (SHOWN AS SOUTH 85029'29" EAST 892.07' ON SAID MAP) TO A 2" IRON PIPE
14 TAGGED "LS 2210" AS SHOWN ON SAID MAP AT AN ANGLE POINT IN SAID NORTHERLY
15 LINE; THENCE NORTH 29030'27" WEST 37.06 FEET TO THE TRUE POINT OF BEGINNING,
16 SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE NORTH EAST HAVING A
17 RADIUS OF 46.13 FEET, A RADIAL LINE TO WHICH BEARS NORTH 21023'21" EAST;
18 THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 66012'34" A LENGTH OF
19 53.30 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF
20 193.32 FEET, A RADIAL LINE TO WHICH BEARS NORTH 87°55'50" EAST; THENCE ALONG
21 SAID CURVE THROUGH A CENTRAL ANGLE OF 18025'05" A LENGTH OF 62.14 FEET;
22 THENCE N 17057'18" EAST 96.21 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
23 SOUTH EAST HAVING A RADIUS OF 348.95 FEET; THENCE ALONG SAID CURVE THROUGH A
24 CENTRAL ANGLE OF 10028'45" A LENGTH OF 63.82 FEET; THENCE NORTH 28°26'03"
25
C:\Documents and Settings\Mark Ware\My Documents\My Dravinga\CITY OF SAN JUAN CAPISTRANO\LOS MARES TMIL\LOS NAPES TEAIL PHASE 2
EX .doc Page 1 of 5
Last printed 8/18/2006 10:30 AM
EXHIBIT "A"
LEGAL DESCRIPTION
1 EAST 6.65 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH EAST HAVING A
2 RADIUS OF 138.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
3 68043'56" A LENGTH OF 165.55 FEET; THENCE SOUTH 82050'02" EAST 92.32 FEET TO
4 THE BEGINNING OF A CURVE CONCAVE TO THE NORTH WEST HAVING A RADIUS OF 25.00
5 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 122052'56" A LENGTH
6 OF 53.62 FEET; THENCE NORTH 25042'58" WEST 33.27 FEET; THENCE NORTH 46018'56"
7 WEST 108.10 FEET; THENCE NORTH 53022'00" WEST 126.24 FEET; THENCE NORTH
8 58037124" WEST 88.50 FEET; THENCE NORTH 64028'26" WEST 78.44 FEET TO THE
9 BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 60.00 FEET;
10 THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 98009144" A LENGTH OF
11 102.80 FEET; THENCE NORTH 33041'16" EAST 53.15 FEET; THENCE NORTH 40°54'44"
12 EAST 61.92 FEET; TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A
13 RADIUS OF 135.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
14 44035147" A LENGTH OF 105.08 FEET; THENCE NORTH 03041'02" WEST 51.61 FEET;
15 THENCE NORTH 36032124" WEST 20.10 FEET; THENCE SOUTH 53027'36" WEST 77.10
16 FEET; TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF
17 150.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22018'48" A
18 LENGTH OF 58.42 FEET; THENCE S75046'24" WEST 58.05 FEET TO A POINT
19 HEREINAFTER REFERRED TO AS "POINT A".
20
21 THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO MEET AT
22 ANGLE POINTS AND TO TERMINATE AT THE EASTERLY LINE OF PARCEL 2 AS DESCIRBED
23 HEREIN.
24
25
c:\Documents and Settings\Mark ware\My Documents\My Drawings\CITY OF SAM JOAN CAPISTB O\LOS MARES TRAIL\LOS MARES TRAIL PMASE 2
EEA. doc Page 2 of 5
Last printed 8/18/2006 10:30 AN
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
0
(PARCEL 2:
EXHIBIT "A"
LEGAL DESCRIPTION
0
BEGINNING AT A POINT HEREINBEFORE REFERRED TO AS "POINT A"; THENCE SOUTH
14013136" EAST 10.00'; THENCE SOUTH 77026'15" WEST 12.18 FEET; THENCE SOUTH
68006'15" WEST 31.85 FEET; TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH
EAST HAVING A RADIUS OF 113.94 FEET, A RADIAL LINE TO WHICH BEARS NORTH
21022'45" W; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14004'42" A
LENGTH OF 28.00 FEET; THENCE SOUTH 55057'14" WEST 43.41 FEET; THENCE SOUTH
52010129" WEST 6.69 FEET; THENCE SOUTH 29046'01" WEST 28.40 FEET; THENCE
NORTH 60021'51" WEST 68.99 FEET; THENCE NORTH 54022'30" WEST 45.09 FEET;
THENCE NORTH 27036'41" WEST 21.77 FEET; THENCE NORTH 79029'45" WEST 51.13
FEET; THENCE NORTH 10030'15" EAST 10.00 FEET TO A POINT HEREINAFTER REFERRED
TO AS "POINT B"; THENCE CONTINUING NORTH 10030'15" EAST 10.00 FEET; THENCE
SOUTH 79029'45" EAST 30.60 FEET; THENCE NORTH 62023'19" EAST 17.80 FEET;
THENCE SOUTH 27036'41" EAST 50.18 FEET; THENCE SOUTH 58007'24" EAST 34.33
FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF
37.74 FEET, A RADIAL LINE TO WHICH BEARS NORTH 43038146" EAST; THENCE ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 47046'24" A LENGTH OF 31.47 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 101.28 FEET, A
RADIAL LINE TO WHICH BEARS NORTH 12026'47" WEST; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 15029'50" A LENGTH OF 27.39 FEET; THENCE NORTH
56024'39" EAST 61.94 FEET; THENCE NORTH 53035'57" EAST 4.75 FEET; THENCE j
C:\Documents and Settings\Mark Ware\My Documents\My Drawings\CITY OF SAM JUAN CAPISTMNO\LOS MARES TMIL\L05 MARES TMIL PHASE 2
EM.doc Page 3 of 5
Last printed 8/18/2006 10:30 AM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C�
EXHIBIT "A"
LEGAL DESCRIPTION
C�
(NORTH 50007'29" EAST 56.09 FEET; THENCE SOUTH 42005'23" EAST 27.79 FEET;
THENCE SOUTH 14013'36" EAST 10.00 FEET TO SAID ^POINT A".
IPARCEL 3:
A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT HEREINBEFORE REFERRED TO AS "POINT B", SAID POINT BEING
NORTH 88016'22" WEST 274.17 FEET FROM THE HEREINBEFORE DESCRIBED "POINT A";
THENCE N 79029'45" W 62.92 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
SOUTH HAVING A RADIUS OF 100.00 FEET; THENCE ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 20046'24" A LENGTH OF 36.26 FEET; THENCE S 79043'51" W 81.85
FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF
10.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60018125" A
LENGTH OF 10.53 FEET; THENCE N 39057'44" W 38.69 FEET; TO THE BEGINNING OF A
CURVE CONCAVE TO THE SOUTH WEST HAVING A RADIUS OF 75.00 FEET; THENCE ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 40016'23" A LENGTH OF 52.72 FEET;
THENCE N 80014107" W 268.60 FEET; THENCE N 75038'21" W 64.04 FEET; THENCE N
71011'47" W 37.87 FEET; THENCE N 75017'36" W 87.72 FEET; THENCE N 78020'53" W
85.70 FEET; THENCE N 74004'14" W 41.31 FEET; THENCE N 80°42'23" W 84.18 FEET,
MORE OR LESS, TO THE CENTERLINE OF THE EASEMENT DESCRIBED IN INSTRUMENT NO.
2004000402778 OF OFFICIAL RECORDS, RECORDED 05/07/2004 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
C:\Documents and Settings\Hark ware\My Documents\My orawinga\CITY OF SAN JUAN CAPISTRMO\LOS MARES TMIL\LOS MARES TMIL PHASE 2
E% .dot Page 4 of 5
Last printed 8/18/2006 10:30 AM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
0
EXHIBIT "A"
LEGAL DESCRIPTION
0
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO MEET AT
ANGLE POINTS, TO COMMENCE AT THE WESTERLY LINE OF PARCEL 2 AS DESCIRBED
HEREIN, AND TO TERMINATE AT THE EASTERLY LINE OF SAID INSTRUMENT NO.
2004000402778.
PREPARED BY:
D. MARK WARE, P.L.S. 5031
MY LICENSE EXPISES: 12/31/07
\\EXP. 12-31-07
,k NO. 5031 ,4
C:\DOnnments and Settings\Hark Ware\My Documents\My Drawings\CITY OF SAN DUAN CAPISTPANO\LOS MARES TMIL\LOS MARES TMIL PH E 2
EMAot Page 5 of 5
Last printed 8/18/2006 10:30 AM
µ . . / -
EXHIBIT "B"
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
CURVE DATA
CURVE
RADIUS
ARC LENGTH
DELTA ANGLE
C7
46.13'
53.30'
-g-692'34"
C2
193.32'
62.14'
18'25'5"
C3
348.95
63.82'
10'28'45"
C4
138.00'
165.55'
68.43 56"
CS
25.00'
53.62
-122'52'56
C6
60.00'
102.80'
-g'8 09 44"
C7
135.00'
105.08'
44!35'47"
CB
150.00'
58.42'
22' 1848
C9
113.94'
28.00'
14'04 42"
C10
37.74'
31.47
47'46 24
C11
101.28'
27.39'
15'29 50
C12
100.00'
36.26'
20 4624"
C13
10.00'
10.53'
-970-'18'25"
C14
75.00'
52.72'
40'16'23"
SEE PAGE 1 OF 2
FOR SKETCH
PREPARED BY:
Ware Enterprises, Inc.
2109 Via Gavilan
San Clemente, CA 92673
Voice 949-661-9156
Fax: 949-366-9611
A
LINE DATA
LINE
BEARING
DISTANCE
L1
N29'30'27
37.06
L2
N17'57 18 E
96.21
L3
N28'26 03 E
6.65
L4
N82'50 02
92.32
L5
N25'4258"W
33.27
5
-N-4-6'-18-'565W-----108--l-Or-
0810L7
L7
N53-22'00
126.24
U3
N58'37 24
88.50
L9
N64-28 28
78.44
L10
N33'41'16 E
53.15'
L11
N40'54'44 E
81.92'
L12
NO3'41'02
51.61
L13
N3632'24
20.10
L14
N53'27'36 E
77.10
L15
N75746'24 E
58.05
L16
I N77'26'15"E
12.18
L17
N68'06 15 E
31.85
L18
N55.57'14 E
43.41
L19
N52.10 29"E
6.69
L20
N29'46'01'E
28.40'
L21
N60'21'51 "W
68.99
L22
N54'22'30
45.09
L23
N27.36'41
21.77
04
N79 -29'45"W
51.13
L25
N 10-30'1 5"ff
20.00
L26
N79'29'45"W
30.60'
L27
N62-23'19 E
17.80'
L28
N27'36'41
50.18
L29
N58'07 24
----3-4.-3-3r-
4.33L30
C30-
N56 -24'39"E
61.94
731
N53 -35'57"E
4.75'
L32
N50'07'29"E
56.09'
L33
N42-05'2340
27.79
L34
-N-1 4-1-3�36
10.00
L35
-N-7-9'-2-9-'4-5V-----6-292-T
292L36
-U6-
N79'43'51 "E
81.85'
L37
N39'5744"W
38.69'
L38
N80' 14 07
268.60
L39
N75'38 21
64.04
540
N71'1147
37.87
L41
I N75'17'36"W
87.72
L42
N78'20'53W
R;
85.70
L43
N74'
41.31
L44
I N8942.23 -W
84.18
9()81()(-
D.
tg u6D. MARK WARE P.L.S. 5031
EXP. DATE: 12-31-07
PAGE 2 OF 2
EXP. 12-31-07
NO. 5031
C:\OaLvments and Se"$\Mark Ware\MY D=nnenrs\MY DravAngs\CITY OF SAN JUAN CAPISTRANO\LOS MARES TRAIL\LOS MARES TRAIL 2 IX B.Awg, 8/18/1006 10:34:25 AM,
\\mark\HP LaserJet 6Pa, Letts, 1:240, Ware Enterprises, Inc 9/56619156
Q
z
Z
d
O
•
W N
O J
d W
M Cr
Q\
">
CL --
0
O Z
't \
N
Z N
Q
EL o
00 g
J
U CL s
Q � N
m O N
H2O /
capXwoQ
W (n -1 f�
na
O
c
N
V
a�
I
�o
ZUZ
Q
0
u
Z N
Q
EL o
00 g
J
U CL s
Q � N
m O N
H2O /
capXwoQ
W (n -1 f�
CB
c
w
Z
I
N
ZUZ
Q
0
Lj
(I1
V> m w
O^
Q
�
W
W
•
O z
Z
K
O
�
-
N
Io
a
Qat`
(A v
0
:�
�
O'
-C4
Up
Lo
O
Z
N
Z
LL
ZFN
N
N
a
C:>
LdN
z
UN
\•,
/
(�
(A
wST
�aOD
•_
WIx
Ld
-}}
ZJ c
o•) z z
CB
Z
0
(I1
>
Io
y
Z
Cl
•
U
U
C:>
A
C? L')
C.)
?
(A
•_
WIx
Ld
-}}
0•
K
.
O
•I•
n
O
V)
O
CJ
V-1
CL
N I
CV
J
)--
N
N—
N
Ci
:Y:
•
Z I
U
01
w
O
'T
Q
N
p
Q:
N
Z Z Z F-• N
p
(L
LL Z N co
2 co
WW( O n Z
00
Q Z (L Z U
W N I' _
W y 0
wo _
--
Nui
(l N
PREPARED BY:
Ware Enterprises, Inc.
2109 Via Govilan
San Clemente, CA 92673
Voice 949-661-9156
Fax: 949-366-9611
A
I
D. MARK ARE P.L.S. 5031
EXP. DATE: 12-31-07
EXP. 12-31-07
N0. 5031
96
3�
0
0
Located approximately as shown hereon in
the City of San Tuan Capistrano, State of
California, a strip of land for a recreational
traa easement, EO feet in width over an
existing road, within the land dwarked or
grant deeds to the County of Orange
recorded in Book MM Pages 145-147
and to Book MM Pages 148-158 of Mist
Records or Orange CourrV California
Prima Deshecha
Landfill
1`
Recreational
City of San Juan �� Trail Easement
Capistrano Open Space �! Alignment
••, tea_ \�I a��>!
Recreational Trail Easement fhftXFACkM
KAM
LEGEND
My Bouadary
Parcel PM 126-35 • —
Refuse Disposal Station #26
Prima Deshecha Landfill r nor aco WT. n.n sa wwu
� —'" i f a�ci�aE Ur" ora.
(ao,6�io / <QZ6 Fjo
9/19/2006
D4
AGENDA REPORT
TO: Dave Adams, City Manager Vk
FROM: Nasser Abbaszadeh, Engineering and Building Director
SUBJECT: Consideration of an Easement Deed and Agreement for Prima Deshecha
Landfill Recreational Trail, Phase II (City of San Juan Capistrano/County
of Orange) (C1P #451) 2006-07 Council Priority #3a
RECOMMENDATION:
By motion:
1. Adopt the resolution approving the Easement Deed and Agreement for the
Prima Deshecha Landfill Recreational Trail, Phase II.
2. Authorize the Mayor to execute the resolution and the Easement Deed and
Agreement.
3. Direct the City Clerk to forward the Easement Deed and Agreement to Donna
Garza, Senior Real Property Agent of Integrated Waste Management who will
forward the Agreement to the Orange County Board of Supervisors for their
approval.
SITUATION:
A. Summary and Recommendation:
Staff has been working with the County of Orange's Integrated Waste
Management Department to create a more user-friendly trail connection between
the City's South Open Space Lands and Camino de los Mares in San Clemente
(Attachments.1 and 2). The subject trail will connect to the Talega Trails in San
Clemente and San Onofre State Beach. The Easement Deed and Agreement
(Attachment 3) being considered will provide for the connection within the Los
Mares Trail, Phase II with the Talega Trail in San Clemente. Staff recommends
approval of the resolution (Attachment 4) accepting the Easement Deed and
Agreement.
B. Background:
Several years ago, the City gained trail access from the South Open Space Lands
to Camino de los Mares in San Clemente (Attachment 2). The trail was to provide
Agenda Report •
Page 2
• September 19, 2006
a legal public access as trail users have been trespassing on private property in
order to enter the Open Space. At that time, the Landfill representatives would
only grant an easement over an existing dirt road, immediately adjacent to the
south boundary of the Landfill (which is within San Juan Capistrano) and San
Clemente. The route is extremely steep and has not been extensively used.
On January 1, 2004, Council approved the Easement Deed and Agreement for
Phase I of the Prima Deshecha Landfill Recreational Trail (Los Mares Trail).
Phase I consisted of establishing a trail between the City's South Open Space and
the terminus of Camino de los Mares. Improvements to provide this trail have
been previously completed.
Phase II will link from Camino de los Mares to the Talega Trail within San
Clemente which provides a link to San Onofre State Beach. This project will be
Council Priority #3a for 2006-07 in regards to trail linkages.
The City Department of Planning has reviewed the project and determined that the
proposed trail, Phase II, is categorically exempt as it is located within a previously
disturbed area and the proposed improvements will not affect biological resources.
COMMISSION REVIEW AND RECOMMENDATION:
The subject trail, and eleven other trail CIP's were prioritized by the Parks, Recreation
and Equestrian Commission on February 27, 2006, with the Los Mares Trail given the
highest priority.
FINANCIAL CONSIDERATIONS:
The City is required to provide fencing for the trail. The 2006/2007 budget for CIP #451
is Set at $70,000 and is expected to be sufficient for the costs of construction.
NOTIFICATION:
Donna Garza, Integrated Waste Management
Mike Giancola, Prima Deshecha Landfill Manager, Integrated Waste Management
Janice V. Goss, Director, Integrated Waste Management
Suzanne McClanahan, County of Orange
Jeff Dickman, County of Orange, Harbors, Beaches and Parks
Al King, Director of Beaches, Parks and Recreation, City of San Clemente
rot
0
Agenda Report
Paoe 3
RECOMMENDATION:
By motion:
September 19, 2006
1. Adopt the Resolution approving the Easement Deed and Agreement for the
Prima Deshecha Landfill Recreational Trail, Phase II
2. Authorize the Mayor to execute the resolution and the Easement Deed and
Agreement.
3. Direct the City Clerk to forward the Easement Deed and Agreement to
Donna Garza, Senior Real Property Agent of Integrated Waste Management
who will forward the Agreement to the Orange County Board of Supervisors
for their approval.
and Building Director
Attachments
1. Location Map
2. Area Detail
3. Resolution
4. Easement Deed and Agreement
Prepared by,
Brian Ige
Engineering Assistant
0 0
ATTACHMENT i
�� � � !
� I I � � �
0 0
RESOLUTION NO. 06 -09 -19 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE EASEMENT
DEED/AGREEMENT WITH THE COUNTYOF ORANGE FOR PHASE II OF
THE PRIMA DESHECHA LANDFILL RECREATIONAL TRAIL
WHEREAS, the County of Orange is the fee owner of Assessor's Parcels 124-140-
44, 124-081-24, 25 and 27 also known as the Prima Deshecha Landfill; and,
WHEREAS, the County of Orange has offered the City recreational trail easements
within the Prima Deshecha Landfill; and,
WHEREAS, the County has prepared an Easement Deed and Agreement for
approval by the City; and,
WHEREAS, the City has found the Easement Deed and Agreement to be in order
and acceptable for recording.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
San Juan Capistrano as follows:
SECTION 1. That the Easement Deed and Agreement is hereby approved.
SECTION 2. The Mayor is hereby authorized to execute the Easement Deed and
Agreement.
SECTION 3. The City Clerk is directed to forward the Easement Deed and
Agreement to the Donna Garza, Senior Real Estate Agent of
Integrated Waste Management who will forward the Agreement to the
Orange County Board of Supervisors for their approval.
PASSED, APPROVED, AND ADOPTED this
2006.
DAVID M. SWERDLIN, MAYOR
ATTEST:
MARGARET R. MONAHAN, CITY CLERK
day of
ATTACHMENT
11
13
15
17
19
21
23
25
27
29
31
33
35
37
39
41
43
45
47
49
51
0 0
PM 126-37
Refuse Disposal Station #26
Prima Deshecha Landfill
I�F94LVATQT B 4471 i!1QV_,[e]V:A:VTAIQkN
This Easement Deed and Agreement is made , 2006, by and between
COUNTY OF ORANGE, a body corporate and politic, hereinafter referred to as "COUNTY," and
CITY OF SAN JUAN CAPISTRANO a California Municipal Corporation, hereinafter referred to as
111010AI
113
R E C I T A L S
COUNTY currently owns and operates the Prima Deshecha Landfill ("Prima") in the City of San
Juan Capistrano.
B. CITY operates a non -motorized recreational trail system and desires to include use of portions
of certain existing trails and roads located on Prima.
I[s]
110
COUNTY is willing to grant an easement to CITY for operation of trails on Prima as compatible
with COUNTY operations at Prima, which trails shall be available for use by the general
population of Orange County.
CITY is willing to install fencing as required by COUNTY to restrict access from such trails to
other areas on Prima.
NOW, THEREFORE, COUNTY AND CITY agree as follows:
For a valuable consideration, receipt of which is hereby acknowledged, COUNTY does hereby grant
to CITY, its successors and assigns, a non-exclusive recreational trail easement for non -motorized
purposes in the County of Orange, State of California, in, on, over, and across that certain real
property (hereinafter referred to as "Easement Area") shown on Exhibit A and described on Exhibit B,
both attached hereto and by reference made a part hereof.
It is understood and agreed by the parties hereto and their successors and assigns, that said
easement herein granted shall be subject to the following terms and conditions:
CONSTRUCTION AND MAINTENANCE
CITY shall have its initial construction plans approved in writing by COUNTY's Director of Integrated
Waste Management Department or designee or successor (hereinafter referred to as "Director") prior
to commencement of any work; and upon completion of any work, CITY shall immediately notify
Director of such completion. Director's approval of CITY's initial construction plans shall not be
deemed approval from the standpoint of structural safety, suitability for purpose or conformance with
building or other codes or other governmental requirements.
09-19-06 Draft SJC Trail Fasement and Deed Agreement Los Mams.dm -1-
ATTACHMENT 4
3
5
11
13
15
17
19
21
23
25
27
29
31
33
35
37
39
41
43
45
47
49
51
0 0
CITY's initial construction shall include fencing as required by Director to restrict access from the
Easement Area to other areas of Prima.
All improvements constructed or placed in the Easement Area by CITY shall be operated and
maintained at no cost to COUNTY.
Should it be necessary for CITY to disturb the surface of the Easement Area subsequent to the
completion of the initial installation of necessary facilities, CITY agrees to notify Director in advance
and to obtain Director's written approval of all plans for construction and/or maintenance prior to
commencement thereof. Said approval shall not be withheld capriciously or unreasonably, nor shall
said approval be necessary in any emergency situation.
2. RELOCATION
COUNTY reserves the right to relocate this easement. In the event COUNTY exercises this right,
COUNTY shall replace improvements in the Easement Area in kind and shall bear all costs of
relocating the easement and replacing the improvements. COUNTY shall first furnish CITY with a
document containing terms and conditions similar to those contained herein. COUNTY and CITY
agree that such relocation shall be made at COUNTY's expense.
3. CLOSURE OF EASEMENT AREA
COUNTY reserves the right to close access to the Easement Area for reasonable periods of time to
construct maintain and repair its landfill facilities. Any such closure shall be reviewed and approved
by CITY, whose approval shall not be unreasonably withheld. In the event of an emergency such
approval by CITY shall not be required, however, COUNTY shall notify CITY of such emergency
closure.
4. PUBLIC USE
CITY agrees to make recreational trail facilities in the Easement Area available to the general
population of Orange County at all times that such facilities are open for use under the terms of this
Easement Deed and Agreement.
5. HOLD HARMLESS (PMES5.1 N)
CITY hereby waives all claims and recourse against COUNTY, its elected officials, officers, agents,
and employees including the right of contribution for loss or damage or death of persons or property,
including COUNTY, its elected officials, officers, agents, and employees, arising from, growing out of
or in any way connected with or related to the Easement, the Easement Area or this Easement Deed
and Agreement, except claims arising from the concurrent active or sole negligence of COUNTY, its
officers, agents, and employees.
CITY hereby agrees to indemnify, hold harmless, and defend COUNTY, its elected officials, officers,
agents and employees, against any and all claims, loss, demands, damages, cost, expenses or
liability for injury or death to any persons or property, including COUNTY, its elected officials, officers,
agents and employees, arising out of the use, operation or maintenance of the Easement Area,
described herein by CITY, its employees, independent contractors and agents, or by any invitee,
licensee, or other party expressly or impliedly permitted or invited by CITY to use the Easement Area
(collectively "CITY Permittees"), and/or CITY's or CITY Permittees' exercise of the rights under this
Easement Deed and Agreement, except for liability arising out of the concurrent active or sole
09-19-06 Draft SIC Trail Easement and Deed Agreement Los Mares.doc -2-
1 negligence of COUNTY, its officers, agents, and employees, including the cost of defense of any
lawsuit arising therefrom.
3 If COUNTY is named as a co-defendant in a lawsuit, CITY shall notify COUNTY of such fact and
5 shall represent COUNTY in such legal action unless COUNTY undertakes to represent itself as co-
defendant in such legal action, in which event CITY shall pay to COUNTY its litigation costs,
7 expenses and attorneys' fees. If judgment is entered against COUNTY and CITY by a court of
competent jurisdiction because of the concurrent active negligence of COUNTY and CITY, COUNTY
9 and CITY agree that liability will be apportioned as determined by the court. Neither party shall
request a jury apportionment. The indemnities provided by CITY in favor of the COUNTY in this
11 Easement Deed and Agreement shall not require payment as a condition precedent.
13 6. HAZARDOUS MATERIALS
A. Definition of Hazardous Materials. For purposes of this Easement Deed and Agreement, the term
15 "Hazardous Material" or "Hazardous Materials" shall mean any hazardous or toxic substance,
material, product, byproduct, or waste which is or shall become regulated by any governmental
17 entity, including, without limitation, the COUNTY acting in its governmental capacity, the State of
California or the United States government.
19
B. Use of Hazardous Materials. CITY or CITY's employees, agents, independent contractors or
21 invitees (collectively "CITY's Permittees") shall not cause or permit any Hazardous Materials to be
brought upon, stored, kept, used, generated, released into the environment or disposed of on, under,
23 from or about the Easement Area (which for purposes of this clause shall include the subsurface soil
and ground water). Notwithstanding the foregoing, CITY may keep on or about the Easement Area
25 small quantities of Hazardous Materials that are used in the -ordinary, customary and lawful cleaning
of and business operations on the Easement Area.
27
C. CITY Obligations. If the presence of any Hazardous Materials on, under or about the Easement
29 Area caused or permitted by CITY or CITY's Permittees results in (i) injury to any person, (ii) injury to
or contamination of the Easement Area (or a portion thereof), or (iii) injury to or contamination of any
31 real or personal property wherever situated, CITY, at its sole cost and expense, shall promptly take
all actions necessary or appropriate to return the Easement Area to the condition existing prior to the
33 introduction of such Hazardous Materials to the Easement Area and to remedy or repair any such
injury or contamination. Without limiting any other rights or remedies of COUNTY under this
35 Easement Deed and Agreement, CITY shall pay the cost of any cleanup or remedial work performed
on, under, or about the Easement Area as required by this Easement Deed and Agreement or by
37 applicable laws in connection with the removal, disposal, neutralization or other treatment of such
Hazardous Materials caused or permitted by CITY or CITY's Permittees. Notwithstanding the
39 foregoing, CITY shall not take any remedial action in response to the presence, discharge or release,
of any Hazardous Materials on, under or about the Easement Area caused or permitted by CITY or
41 CITY's Permittees, or enter into any settlement agreement, consent decree or other compromise with
any governmental or quasi governmental entity without first obtaining the prior written consent of
43 COUNTY. All work performed or caused to be performed by CITY as provided for above shall be
done in good and workmanlike manner and in compliance with plans, specifications, permits and
45 other requirements for such work approved by COUNTY.
47 D. Indemnification for Hazardous Materials. To the fullest extent permitted by law, CITY hereby
agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to COUNTY)
49 COUNTY, its elected officials, officers, employees, agents and independent contractors and the
Easement Area, from and against any and all liabilities, losses, damages (including, but not limited,
51 damages for the loss or restriction on use of rentable or usable space or any amenity of the
09-19-06 Draft SJC Trail Easement and Deed Agreement Los Mares.doc -3-
3
5
7
9
11
13
15
17
19
21
23
25
27
29
31
33
35
37
39
41
43
45
47
49
51
0
0
Easement Area or damages arising from any adverse impact on marketing of the Easement Area),
diminution in the value of the Easement Area, judgments, fines, demands, claims, recoveries,
deficiencies, costs and expenses (including, but not limited to, reasonable attorneys' fees,
disbursements and court costs and all other professional or consultant's expenses), whether
foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation,
storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from,
under or about the Easement Area by CITY or CITY's Permittees. The foregoing indemnity shall also
specifically include the cost of any required or necessary repair, restoration, clean-up or
detoxification of the Premises and the preparation of any closure or other required plans.
7. REMOVAL AND/OR ABANDONMENT OF EASEMENT
CITY agrees that in the event the purpose of this Easement is discontinued, or in the event the use of
the Easement Area ceases for a period of more than one (1) year without written notice from CITY to
COUNTY of the circumstances affecting such suspension and of CITY's intention to resume usage of
the Easement Area, CITY shall, at no cost to COUNTY, within sixty (60) days after receipt of written
notice from the Director, remove any portion of said facilities operated and/or maintained by CITY,
and restore the Easement Area to the condition that existed prior to the original grant of this
Easement to Director's satisfaction. In the event of such abandonment, CITY shall execute and
record in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the
encumbrance of the Easement from record title to COUNTY's real property.
8. GOVERNING LAW AND VENUE
This Easement Deed and Agreement has been negotiated and executed in the State of California
and shall be governed by and construed under the laws of the State of California. In the event of any
legal action to enforce or interpret this Easement Deed and Agreement, the sole and exclusive venue
shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto
agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil
Procedure Section 394.
101:1y1►1`�[�P►[iT�iZi1�I��i��
The term "COUNTY" shall mean the COUNTY OF ORANGE. Actions to be taken by COUNTY
under this Easement Deed and Agreement shall be taken by the Board of Supervisors of the political
body which executed this Easement Deed and Agreement or its representatives specifically
authorized to take such actions under this Easement Deed and Agreement.
10. EXCEPTIONS AND RESERVATIONS
COUNTY hereby reserves for itself and its successors and assigns, such surface and subsurface
rights as will not interfere with or prohibit the complete use by CITY, its successors and assigns, of
the rights and easement herein granted. COUNTY will not place or permit any building on the
Easement Area or otherwise interfere with the full enjoyment by CITY of the easement hereby
granted.
This grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims
which may affect the Easement Area and the use of the word "grant" herein shall not be construed as
a covenant against the existence of any thereof.
09-19-06 Draft S1C Trail Easement and Deed Agreernent Los Mares.doc 4-
1
3
5
7
9
11
13
15
17
19
21
23
25
27
0 0
Nothing expressed or mentioned in this Easement Deed and Agreement is intended or shall be
construed to give any person, other than the parties hereto and their respective successors and
assigns, any legal or equitable right, remedy or claim under or in respect of this Easement Deed and
Agreement or any provisions hereof being intended to be and being for the sole and exclusive benefit
to the parties hereto and their successors and assigns described above, and for the benefit of no
other person.
11. NOTICES
All documents, correspondence, and communications concerning this Easement Deed and
Agreement shall be directed as follows:
JTO:COUNTY
County of Orange
Integrated Waste Management Department
320 North Flower Street, Suite 400
Santa Ana, CA 92703
Attention: Director
TO: CITY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Engineering and Building
12. ATTACHMENTS TO DOCUMENT
This document includes the following, which is attached hereto and made a part hereof:
29
31
33 H
35
37
39
41
43
45
47
49
51
Exhibit A: Recreational Trail Easement Location
Exhibit B: Legal Description
09-19-06 Draft SJC Trail Easement and Deed Agreement Los Mares.doc -5-
1
3
5
7
9
11
13
15
17
19
21
23
25
27
29
31
33
35
37
39
41
43
45
47
49
51
El
APPROVED AS TO FORM
City Attorney
By
Date:
APPROVED AS TO FORM
County Counsel
ETA
Date:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
0
CITY:
CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation
By—
Title:
COUNTY:
COUNTY OF ORANGE,
a body corporate and politic
DARLENE J. BLOOM By
Clerk of the Board of Supervisors of Orange Chairman of the Board of Supervisors
County, California
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
On 200_, before me, a Notary Public in and for said
County and State, personally appeared personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the
instrument the person, or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
09-19-06 Draft S1C Trail Easement and Deed Agreement Los Mares.doc -6-
1
3
5
7
9
11
13
15
17
19
21
23
25
27
29
31
33
35
37
39
41
43
45
47
49
51
0
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
0
On 2006, before me, a Notary Public in and for said
County and State, personally appeared personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the
instrument the person, or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
09-19-06 Draft S1C Trail Easement and Deed Agreement Los Mares.doc -7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
'.8
i9
20
21
22
23
24
25
0
EXHIBIT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF THE LAND IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL, 1:
A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A 2" IRON PIPE TAGGED "RCE 14814" AT THE INTERSECTION OF THE
(NORTHERLY END OF CAMINO DE LOS MARES AND THE NORTHERLY LINE OF TRACT NO_
14000 AS SHOWN ON THE MAP OF SAID TRACT FILED IN BOOK 681, PAGES 38-45 OF
MISCELLANEOUS MAPS -IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG THE NORTHERLY LINE OF SAID TRACT SOUTH 85027'17" EAST 891.96
FEET (SHOWN AS SOUTH 85°29'29" EAST 892.07' ON SAID MAP) TO A 2" IRON PIPE
TAGGED "LS 2210" AS SHOWN ON SAID MAP AT AN ANGLE POINT IN SAID NORTHERLY
LINE; THENCE NORTH 29030'27" WEST 37.06 FEET TO THE TRUE POINT OF BEGINNING,
SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE NORTH EAST HAVING A
RADIUS OF 46.13 FEET, A RADIAL LINE TO WHICH BEARS NORTH 21023'21" EAST;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 66012'34" A LENGTH OF
53.30 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF
193.32 FEET, A RADIAL LINE TO WHICH BEARS NORTH 87055'50" EAST; THENCE ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 18°25'05" A LENGTH OF 62.14 FEET;
THENCE N 17057'18" EAST 96.21 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
SOUTH EAST HAVING A RADIUS OF 348.95 FEET; THENCE ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 10028'45" A LENGTH OF 63.82 FEET; THENCE NORTH 28026'03"
CAt..ent5 end SsttingsV ark Wa_s\ y Loc aantsV y Drawings\:ITY OF SAN JUAN CSISTi O\LOS WF ES TRAIL\LOS H RLS TRAIL PHASE 2
E%:.. Coc
Last prattod R/19:2006 10:30 M
EXHIBIT A
1
2
3
4
5
6
7
8
9
10
it
2
13
14
16
17
18
t9
20
21
22
23
24
25
0
EXHIBIT "A"
LEGAL, DESCRIPTION
0
EAST 6.65 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH EAST HAVING A
RADIUS OF 138.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
68043'56" P. LENGTH OF 165.55 FEET; THENCE SOUTH 82050'02" EAST 92.32 FEET TO
THE BEGINNING OF A CURVE CONCAVE TO THE NORTH WEST HAVING A RADIUS OF 25.00
FEET; THENCE ALONGSAIDCURVE THROUGH A CENTRAL ANGLE,OF 122052'56" A LENGTH
OF 53.62 FEET; THENCE NORTH 25°42'58" WEST 33.27 FEET; THENCE NORTH 46018'56"
WEST 108.10 FEET; THENCE NORTH 53022'00" WEST 126.24 FEET; THENCE NORTH
58037'24" WEST 88.50 FEET; THENCE NORTH 64°28'28" WEST 78.44 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 60.00 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 98°09'44" A LENGTH OF
102.80 FEET; THENCE NORTH 33°41'16" EAST 53.15 FEET; THENCE NORTH 40054`44"
EAST 81.92 FEET; TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A
RADIUS OF 135.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
44035'47" A LENGTH OF 105.08 FEET; THENCE NORTH 03041'02" WEST 51.61 FEET;
THENCE NORTH 36932'24" WEST 20.10 FEET; THENCE SOUTH 53°27'36" WEST 77.10
FEET; TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF
150.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22018'48" A
'LENGTH OF 58.42 FEET; THENCE S75°46'24" WEST 58.05 FEET TO A POINT
HEREINAFTER REFERRED TO AS "POINT A".
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO MEET AT
ANGLE POINTS AND TO TERMINATE AT THE EASTERLY LINE OF PARCEL 2 AS DESCIRBED
HEREIN.
C:%Oac�ants aLd Settings%Mark "are\My Onp nt3\Hy nra"lnys\CITY OF SA JLBt. CAFISF q \IAS Nd0.E5 ?I L\LOS 8 "U U ?EASE 2
6W.. doc Page S of 5
Last n in�n S/18/0006 10:30 As
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL, 2:
BEGINNING AT A POINT HEREINBEFORE REFERRED TO AS "POINT A"; THENCE SOUTH
14013'36" EAST 10.00'; THENCE SOUTH 77°26'15" WEST 12:18 FEET; THENCE SOUTH
68°06'15" WEST 31.85 FEET; TO THE .BEGINNING OF A CURVE CONCAVE TO THE SOUTH
EAST HAVING A RADIUS OF 113.94 FEET, A RADIAL LINE TO WHICH BEARS NORTH
21°22'45" W; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°04'42" A
LENGTH OF 28.00 FEET; THENCE SOUTH 55°57'14" WEST 43.41 FEET; THENCE SOUTH
52010'29" WEST 6.69 FEET; THENCE SOUTH 29046'01" WEST 28.40 FEET; THENCE
NORTH 60021'51" WEST 68.99 FEET; THENCE NORTH 54022'30" WEST 45.09 FEET;
THENCE NORTH 27036'41" WEST 21.77 FEET; THENCE NORTH 79°29'45" WEST 51.13
FEET; THENCE NORTH 10°30'15" EAST 10.00 FEET TO A POINT HEREINAFTER REFERRED
TO AS "POINT B"; THENCE CONTINUING NORTH 10°30'15" EAST 10.00 FEET; THENCE
SOUTH 79029145" EAST 30.60 FEET; THENCE NORTH 62023'19" EAST 17.80 FEET;
THENCE SOUTH 27036'41" EAST 50.18 FEET; THENCESOUTH58007'24" EAST 34.33
FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF�'I
37.74 FEET, A RADIAL LINE TO WHICH BEARS NORTH 43038'46" EAST; THENCE ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 47°46'24" A LENGTH OF 31.47 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 101.28 FEET, A
RADIAL LINE TO WHICH BEARS NORTH 12626147" WEST; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 15029'50" A LENGTH OF 27.39 FEET; THENCE NORTH
56024'39" EAST 61.94 FEET; THENCE NORTH 53035'57" EAST 4.75 FEET; THENCE
R\DacY ata and Settings\Mart MaraiMy LocnnenCWy Drawings\C:TT OF am J M GPISSI O\LOS MARES TS L\IAS MMES T.RhIL Ptl E 2
E>A.doc Page 3 0[ 5
,ast printed 0/le/2006 1000 AM
EBHIBIT "A"
LEGAL DESCRIPTION
1 NORTH 50007'29" EAST 56.09 FEET; THENCE SOUTH 42'05'23" EAST 27.79 FEET;
2 THENCE SOUTH 14°13'36" EAST 10.00 FEET TO SAID "POINT A".
3
4 PARCEL. 3:
5
6 A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE
7 FOLLOWING DESCRIBED CENTERLINE:
8 BEGINNING AT A POINT HEREINBEFORE REFERRED TO AS "POINT H", SAID POINT BEING
9 NORTH 86016'22" WEST 274.17 FEET FROM THE HEREINBEFORE DESCRIBED "POINT A";
10 THENCE N 79°29'45" W 62.92 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
11 SOUTH HAVING A RADIUS OF 100.00 FEET; THENCE ALONG SAID CURVE THROUGH A
12 CENTRAL ANGLE OF 20046'24" A LENGTH OF 36.26 FEET; THENCE S 79°43'51" W 81.85
13 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF
14 10.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60018'25" A
15 LENGTH OF 10.53 FEET; THENCE N 39°57'44" W 38.69 FEET; TO THE BEGINNING OF A
16 CURVE CONCAVE TO THE SOUTH WEST HAVING A RADIUS OF 75.00 FEET; THENCE ALONG
17 SAID CURVE THROUGH A CENTRAL ANGLE OF 40016123" A LENGTH OF 52.72 FEET;
18 THENCE N 80014'07" W 268.60 FEET; THENCE N 75038'21" W 64.04 FEET; THENCE N
19 71°11'47" W 37.87 FEET; THENCE N 75017'36" W 87.72 FEET; THENCE N 78020'53" IA
20 85.70 FEET; THENCE N 74004'14" W 41.31 FEET; THENCE N 80`42'23" W 84.18 FEET,
21 MORE OR LESS, TO THE CENTERLINE OF THE EASEMENT DESCRIBED IN INSTRUMENT NO.
22 2004000402778 OF OFFICIAL RECORDS, RECORDED 05/07/2004 IN THE OFFICE OF THE
23 COUNTY RECORDER OF SAID COUNTY.
24
25
C:\Orm*nta and SeZrings\Mank Narei%y fbcuments'S:y Oraxing5\CLP.' OF SAN JORN CAPISTft \10.5 HAPS P TL\ 05 H S TRAIL PNAS= 2
E` .d.d Page i of 5
Lair primed 8/16/2006 19:30 AM
EXHIBIT "A"
LEGAL, DESCRIPTION
1 THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO MEET AT
2 ANGLE POINTS, TO COMMENCE AT THE WESTERLY LINE OF PARCEL 2 AS DESCIRBED
3 HEREIN, AND TO TERMINATE AT THE EASTERLY LINE OF SAID INSTRUMENT NO.
4 2004000402778.
5
6 PREPARED BY:
7 MARK K
8 �� i8 �40 EXP. 12-31-07
9 D. MARK WARE, P.L.S. 5031 9 N0. 5031 2
A\
10 MY LICENSE EXPISES: 12/31/07
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
c:\Documents ad Sett!nn?\Mack Fa Cewy 0nc.0 to V1'f 0=xwingx\GIST OF Sm T` GlPI528AN0\ HARES TA L\LRS MARES TA L PY r 2
Em.do - Page 5 of 5
Last Fli.ted 3/18/2006 10:90 11
O U D
O N z
� v N Qx
W W • OO
O ¢ z
S p �0 zC14 !0 _ i` U
n r a� z
Z2 J� ^ N N O N Q: n NQ
U) v i� C9 0 N W
CL O Z Z a z~ Q W
N %w N �' X. n,Z
yL12 f7 N m�N WX
N U)
O p z UN �-� W 0T W
Z-
oo Of • FJ L iG
QD
W N u Z'J C M z
TO JW C6 O O vi
Q r
00 O z W—
U
(L
O Z
O
d- �'j 4, ra• z
s :� m -1C
<
�G o - wn i
v 3 a U:
K W
2 1J \ a a C1.1 w Jr :ri
o ci y n ^ o o
J N
K W
Q O s N n 0
0. '3 '\ m .Y_ N z O S
Y: N
U
°. v m
w o , J z
WON U
J W Z N
WWO
Z N rj Z O
Q Y
CL
m O O W O
0 Z 1 N a�i//�% s
0 0 41 F
UF=
U d S S
Q�
m O W
1- T O
MLLJ
X`1W /
WtnJ
i (L
a r
PREPARED BY:o
VAW r=
Ware Enterprises, Inc. F-
2109 Via Gavilan gg
`J
EXP. 12-31-07
San Clemente, CA 92673 D6
Voice 949-661-9156
y NO. 5031
Fax: 949-366-9611
D. MARK ARE P.L.S. 5031 r o cAL1
EXP. DATE: 12-31-07
0 0
EXHIBIT "B"
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
CURVE DATA
CURVE
RADIUS
ARC LENGTH
DELTA ANGLE
C1
46.13'
53.30'
66'12'34'
C2
193.32'
62.14'
18'25'05'
C3
348.95'
63.62'
10'28'45"
C4
138.00'
165.55'
68'43'56"
C5
25:00'
53:62'
122'52'56
C6
60.00'
102.80'
98.09'44'
C7
135.00'
105.08'
4,V35'47'
C8
150.00'
58.42'
22'18'48'
C9
113.94'
28.00'
14'0442"
C10
37.74'
31.47
-,i77-4V24-
746'24'C11
C11
101.28'
27.39'
15'29'50'
C12
100.00'
36.26' -
20'46'24'
C13
10.00'
10.53'
60'18'25'
C14
75,00'
52.72'
40'16'23'
SEE PAGE 1 OF 2
-FOR SKETCH
PREPARED BY:
Ware Enterprises, Inc.
2109 Via Gavilan
San Clemente, CA 92673
Voice 949-661-9156
Fax: 949-366-9611
fl
LINE DATA
LINE
BEARING
DISTANCE
L1
N29'30'27"W
37.06
L2
N1757'18"E
96.21'
L3
N28'26 03 E
6.65'
L4
N82'50'02"W
92.32
L5
N25'42'58 -W
33.27'
L6
N46'18'56'W
108.10'
77
N53'22'00'W
126.24'
L8
N58'37'24"W
88.50'
L9
N64'28'28"W
78.44'
-1l -0.
N33'41'16E
53.15'
L11
N40'54'44'E
81.92'
L12
NO3'41'02"W
51.61'
L13
N36'32 24"W
20.10
L14
N53'27'36"E
77.10'
L15
N7546'24"E
58.05'
L16
N77'26'1 5"E
12.18'
L17 -
N68'06'15"E
31.85'
-`171 8
iZ5'57'14"E
- 43.41'
L19
N5210'29'E
6.69'
00
N29'46'01'E
28.40'
L21
N60'21'51 -W
68.99'
7:0---k5
4'22'30"W
45.09
L23
-?42-7-36'41"W
21.77'
L24
N79'29'45W
51.13'
L25
N10'30'15'E
-'45-W
20.00'
L26
-09-29
30.60'
L27
--N-62-23'l 9"E
17.80'
L28
N2736'41'W
50.18'
1.29
N58'07'24"W
34.33'
90
N5624'39"E
61,94'
131
N53'35'57"E
4.75'
L32
N5(r07'29"E
56.09'
L33
N42'05'23"W
27.79'
L34
N14'13'36"W
10.00'
L35
N79'29'45
62.92'
L36
-W7-9-43'51 *E
81.85'
L37
N39'57'44'W
38.69'
L38
N80' 14b7"W
268.60
L39
-W7-5'38'21 -W
64.04'
L40
N71'1 1'47W
37.87'
L41
05'17'36"W
87.72'
L42
N78'20'53W
85.70'
L43
N74'04'14'W
41.31'
144
-N-8-0'-42-'23"W
84.18'
D. MARK WARE P.L.S. 5031
EXP. DATE: 12-31-07
PAGE 2 OF 2
EXP. 12-31-07
NO. 5031
C:NOa nts and Sstpn9s\Mmk Ware1My O neer s\Hy Or Mw SNCRY OF SAN ri CAPISiMNOWOS MARE nMLXL MRRFS TMIL 2 &dv , 811812 10:31:25 AM,
\\ma*\HP Lasala 6Pa, Lelia,1:240, Ware En6salse.S. Inc 999661-9156
11
NOTICE OF EXEMPTION
r.y® ee city of san juan capistrano, california
1.
2.
3.
4.
5.
6.
7.
APPLICANT: City of San Juan Capistrano
ADDRESS: 32400 Paseo Adelanto, San Juan Capistrano, CA, 92675
PHONE NUMBER: (949) 443-6350
LEAD AGENCY: City of San Juan Capistrano
PROJECT MGR.: Brian Ige, Engineering Technician
PROJECT TITLE: Los Mares Trail, Phase 2
DESCRIPTION: The project consists of creating a new, public, multi -use trail
connection within the Prima Deshecha Landfill property boundary using an
existing, unimproved, dirt road.(former ranch access road). The proposed trail is
located entirely on County of Orange, Integrated Waste Management
Department (IWMD)-owned property, within the City of San Juan Capistrano. The
proposed trail will provide an approximately 3,000 foot long connector with
existing public, multi -use trails located in both the City of San Juan Capistrano
and the City of San Clemente. IWMD will grant the City a public trail easement
for the proposed multi -use trail so that it can become part of the City's trail
system.
The City will install and maintain perimeter fencing along the entire length and on
both sides of the proposed trail to ensure site security for users and the landfill
operation. Also, the City will be responsible forthe long-term maintenance of the
proposed trail to ensure that it meets the City's trail standards for public use. The
proposed trail will be available to the public for non -motorized uses including
hiking, jogging, bicycling and horseback riding. Motorized vehicle use will be
generally prohibited with the exception of authorized City maintenance or
emergency vehicles.
Proposed trail improvements include the installation of perimeter fencing, minor
grading of the dirt road to create a useable surface, and the installation of
motorized vehicle barriers and signage. Because the proposed trail is located
within a previously disturbed area, and proposed improvements are minor in
nature, the project will not affect biological resources. Further, the project will not
adversely affect the Prima Deshecha Biological Conservation Area.
ADMINISTRATIVE DETERMINATION: Planning Department staff completed a
preliminary review of this project in accordance with the City of San Juan Capistrano's
Environmental Review Guidelines and the California Environmental Quality Act (CEQA),
1970. Based on that review, the Environmental Administrator finds that the proposed
project constitutes "operation, repair, and maintenance of a proposed public, multi -use
trail". Therefore, the Environmental Administrator has determined that further environ-
mental evaluation is not required because:
Notice of Exemption
Los Mares Trail Phase 2 2 July 31 2006
[ ] "The activity is covered by the general rule that CEQA applies only to
projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA" (Section 15061(b)(3)); or,
[ ] The project is statutorily exempt, Section , <name> ( Sections
15260-15277); or,
[x] The project is categorically exempt, Class 1(c), Existing Facilities (Section
15301) which includes "Existing highways and streets, sidewalks, gutters,
bicycle and pedestrian trails, and similar facilities (this includes road grading for
the purpose of public safety)'; or,
[ ] The project does not constitute a "project" as defined by CEQA (Section
15378).
�" Date: July 31, 2006
WiNim A. Ramsey, IC
Environmental Administrator 0
15062(c)(2) When a local agency files this notice, the notice of exemption shall be filed with the county
clerk of each county in which the project will be located. Copies of all such notices shall be available for
public inspection and such notices shall be posted within 24 hours of receipt in the office of the county
clerk. Each notice shall remain posted for a period of 30 days. Thereafter, the clerk shall return the notice
to the local agency with a notation of the period it was posted. The local agency shall retain the notice for
not less than 12 months.
15062(d) The filing of a Notice of Exemption and the posting on the list of notices start a 35 day statute of
limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a
Notice of Exemption is not filed, a 180 day statute of limitations will apply.
cc: [ ] project file
[ ] CEQA file
[ ] Posting (City Hall)
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493.1053 FAX
www.sanjuancapistrano.org
0
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETI-1qG76F POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council of San Juan Capistrano will meet at 7:00 p.m. on September 19, 2006
in the City Council Chamber in City Hall, toconsider: "Consideration of an Easement
Deed and Agreement for Prima Deshecha Landfill Recreational Trail, Phase II
(City of San Juan Capistrano/County of Orange)(CIP #451) 2006-07 Council
Priority #3a" — Item No. D4.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, September 18, 2006 to allow time for the Council to consider its
content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Brian Ige,
Engineering Assistant. You may contact that staff member at (949) 949-443-6350 with
any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanwuancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council -agendas &sanivancapistrano.org.
Meg Monahan, CMC
City Clerk
cc: Donna Garza, Integrated Waste Management*; Mike Giancola, Prima Deshecha
Landfill Manage, Interagted Waste Management*; Janice V. Goss, Director,
Integrated Waste Management*; Suzanne McClanahan, County of Orange*; Jeff
Dickman, County of Orange, Harbors, Beaches and Parks*; Al King, Director of
Beaches, Parks and Recreation, City of San Clemente*; Nasser Abbaszadeh,
Engineering and Building Director; Brian Ige, Engineering Assistant
* Received ganfffu�n Capistrano: Preserving the Past to Enhance the Future
e f Prinatl on 1W% Ro.yd d Paper
0
® ®, NOTICE OF EXEMPTION
city of san juan capistrano, california
1. APPLICANT: City of San Juan Capistrano
2. ADDRESS: 32400 Paseo Adelanto, San Juan Capistrano, CA, 92675
3. PHONE NUMBER: (949) 443-6350
4. LEAD AGENCY: City of San Juan Capistrano
5. PROJECT MGR.: Brian Ige, Engineering Technician
6. PROJECT TITLE: Los Mares Trail, Phase 2
7. DESCRIPTION: The project consists of creating a new, public, multi -use trail
connection within the Prima Deshecha Landfill property boundary using an
existing, unimproved, dirt road (former ranch access road). The proposed trail is
located entirely on County of Orange, Integrated Waste Management
Department (IWMD)-owned property, within the City of San Juan Capistrano. The
proposed trail will provide an approximately 3,000 foot long connector with
existing public, multi -use trails located in both the City of San Juan Capistrano
and the City of San Clemente. IWMD will grant the City a public trail easement
for the proposed multi -use trail so that it can become part of the City's trail
system.
The City will install and maintain perimeter fencing along the entire length and on
both sides of the proposed trail to ensure site security for users and the landfill
operation. Also, the City will be responsible for the long-term maintenance of the
proposed trail to ensure that it meets the City's trail standards for public use. The
proposed trail will be available to the public for non -motorized uses including
hiking, jogging, bicycling and horseback riding. Motorized vehicle use will be
generally prohibited with the exception of authorized City maintenance or
emergency vehicles.
Proposed trail improvements include the installation of perimeter fencing, minor
grading of the dirt road to create a useable surface, and the installation of
motorized vehicle barriers and signage. Because the proposed trail is located
within a previously disturbed area, and proposed improvements are minor in
nature, the project will not affect biological resources. Further, the project will not
adversely affect the Prima Deshecha Biological Conservation Area.
ADMINISTRATIVE DETERMINATION: Planning Department staff completed a
preliminary review of this project in accordance with the City of San Juan Capistrano's
Environmental Review Guidelines and the California Environmental Quality Act (CEQA),
1970. Based on that review, the Environmental Administrator finds that the proposed
project constitutes "operation, repair, and maintenance of a proposed public, multi -use
trail". Therefore, the Environmental Administrator has determined that further environ-
mental evaluation is not required because:
0
32400 PASEO ADEI ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 4931053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
TO:
Donna Garza, Senior Real Property Agent
Integrated Waste Management
County of Orange
320 N. Flower Street, Ste 400
Santa Ana, CA 92703
FROM: Meg Monahan, MMC — City Clerk (949) 443-6308
0
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
RE: Easement Deed and Agreement — Prima Deshecha Landfill Recreational Trail — Phase I I
Enclosed please find:
Resolution No. 06-09-19-02 — Certified Copy -- adopted by the City Council on September
19, 2006, approving the easement deed/agreement with the County of Orange for Phase I
of the Prima Deschecha Landfill Recreation Trail.
Original, Executed Easement Deed and Agreement as referenced in the resolution.
Notice of Exemption for the project
Upon approval by the Board of Supervisors, please forward
agreement to my attention:
Meg Monahan, MMC, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
a certified copy of the executed
If you have questions concerning the project, please contact Brian Ige, Engineering Technician
(949) 443-6350. 1 can assist you with City Council actions or related documents.
CC: Brian Ige, Engineering Technician
Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
September 20, 2006
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
DIANE BATHGATE
MATT HART
JOE SOTO
DAVID M. SWERDLIN
On September 19, 2006 the City Council of San Juan Capistrano met regarding:
"Consideration of an Easement Deed and Agreement for Prima Deshecha Landfill
Recreational Trail, Phase II (City of San Juan Capistrano/County of Orange)(CIP
#451) 2006.07 Council Priority#3a" Item No. D4.
The following action was taken at the meeting: Resolution No. 06-09-19-02 adopted
approving the easement deed and agreement for the Prima Deschecha Landfill
Recreational Trail, Phase II; the Mayor authorized to execute the easement deed
and agreement; and the City Clerk directed to forward the easement deed and
agreement to Donna Garza, Senior Real Property Agent of Integrated Waste
Management, for approval by the Orange County Board of Supervisors:
Bathgate/Soto, 3-0
The following documents are in the process of being executed: n/a
If you have any questions regarding this action, please contact Brian Ige, Engineering
Assistant at 949-443-6350 for more detailed information.
Thank you,
Meg Monahan, CMC
City Clerk
Cc: Donna Garza, Integrated Waste Management*; Mike Giancola, Prima Deshecha
Landfill Manage, Interagted Waste Management*; Janice V. Goss, Director,
Integrated Waste Management*; Suzanne McClanahan, County of Orange*; Jeff
Dickman, County of Orange, Harbors, Beaches and Parks*; Al King, Director of
Beaches, Parks and Recreation, City of San Clemente*; Nasser Abbaszadeh,
Engineering and Building Director; Brian Ige, Engineering Assistant
San Juan Capistrano: Preserving the Past to Enhance the Future
� Printed on 100 % Recycled Paper
0 10
RESOLUTION NO. 06-09-19- 02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE EASEMENT
DEED/AGREEMENT WITH THE COUNTY OF ORANGE FOR PHASE II OF
THE PRIMA DESHECHA LANDFILL RECREATIONAL TRAIL
WHEREAS, the County of Orange is the fee owner of Assessor's Parcels 124-140-
44, 124-081-24, 25 and 27 also known as the Prima Deshecha Landfill; and,
WHEREAS, the County of Orange has offered the City recreational trail easements
Within the Prima Deshecha Landfill; and,
WHEREAS, the County has prepared an Easement Deed and Agreement for
approval by the City; and,
WHEREAS, the City has found the Easement Deed and Agreement to be in order
and acceptable for recording.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
San Juan Capistrano as follows:
SECTION 1. That the Easement Deed and Agreement is hereby approved.
SECTION 2. The Mayor is hereby authorized to execute the Easement Deed and
Agreement.
SECTION 3. The City Clerk is directed to forward the Easement Deed and
Agreement to the Donna Garza, Senior Real Estate Agent of
Integrated Waste Management who will forward the Agreement to the
Orange County Board of Supervisors for their approval.
PASSED, APPROVED, AND ADOPTED this 19"' day of September 2006.
DAVID M. S R LIN, MAYOR
ATTEST:
R. MONAHAN, CITY CLERK
Page 1 of 1 09/19/2006
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 06-09-19-02 was dulyadopted bythe City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 19th day of September 2006, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER.:
R. MONAHAN, City Clerk
Bathgate, Soto, Mayor Swerdlin
None
Hart, Alievato
CERTIFIED COPY
RESOLUTION NO. 06-09-19- 02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE EASEMENT
DEED/AGREEMENT WITH THE COUNTY OF ORANGE FOR PHASE 11 OF
THE PRIMA DESHECHA LANDFILL RECREATIONAL TRAIL
WHEREAS, the County of Orange is the fee owner of Assessor's Parcels 124-140-
44, 124-081-24, 25 and 27 also known as the Prirpa Deshecha Landfill; and,
WHEREAS, the County of Orange has offered the City recreational trail easements
within the Prima Deshecha Landfill; and,
WHEREAS, the County has prepared an Easement Deed and Agreement for
approval by the City; and,
WHEREAS, the,City has found the Easement Deed and Agreement to be in order
and acceptable for. recording.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
San Juan Capistrano as follows:
SECTION 1. That the Easement Deed and Agreement is hereby approved.
SECTION 2. The Mayor is hereby authorized to execute the Easement Deed and
Agreement.
SECTION 3. The City Clerk is directed to forward the Easement Deed and
Agreement to the Donna Garza, Senior Real Estate Agent of
Integrated Waste Management who will forward the Agreement to the
Orange County Board of Supervisors for their approval.
PASSED, APPROVED, AND ADOPTED this 19th day of September 2006.
DAVID M. S R LIN, MAYOR
ATTEST:
244l11�4
R. MONAHAN, CITY CLERK
Page 1 of 1 09/19/2006
L,
TRANSMITTAL
TO:
Donna Garza, Senior Real Property Agent
Integrated Waste Management
County of Orange
320 N. Flower Street, Ste 400
Santa Ana, CA 92703
0
FROM: Meg Monahan, MMC — City Clerk (949) 443-6308
RE: Easement Deed and Agreement — Prima Deshecha Landfill Recreational Trail — Phase 11
Enclosed please find:
Resolution No. 06-09-19-02 — Certified Copy -- adopted by the City Council on September
19, 2006, approving the easement deed/agreement with the County of Orange for Phase II
of the Prima Deschecha Landfill Recreation Trail,
• Original, Executed Easement Deed and Agreement as referenced in the resolution.
• Notice of Exemption for the project
Upon approval by the Board of Supervisors, please forward a certified copy of the executed
agreement to my attention:
Meg Monahan, MMC, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
If you have questions concerning the project, please contact Brian Ige, Engineering Technician
(949) 443-6350. 1 can assist you with City Council actions or related documents.
CC: Brian Ige, Engineering Technician
Nasser Abbaszadeh, Engineering & Building Director
�i
i��
0 0
COUNTY OF ORANGE
O 41
U ^
tit INTEGRATED WASTE MANAGEMENT DEPARTMENT
9�JFOA�
February 8, 2006
Brian Ige
Engineering Assistant
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Trail Easements at Prima Deshecha Landfill
Janice V. Goss, Director
320 N. Flower Street, Suite 400
Santa Ana, CA 92703
www.oclandfills.coin
Telephone: (714) 834-0000
Fax: (714) 8344183
Dear Brian:
As you know, the County Board of Supervisors approved the Las Mares trail easement last
week. Enclosed is a conformed copy of the recorded document.
I also re-recorded the previous easement to include the legal description provided by the City.
A conformed copy of that document is also enclosed.
Thank you for your help in finalizing this conveyance. If any questions arise please call me at
(714)834-3713.
Sincerely,
�
Donna Garza
Sr. Real Property Agent
Mike Giancola
Suzanne McClanahan