04-0504_ORANGE , COUNTY OF_Easement Deed and Agreement11
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W11fINA, CA ta*3
Refuse Disposal Station 426
Prima Deshecha Landfill
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Recorded in Official Records. Orange County
Tom Daly, Clerk -Recorder
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2004000402778 1016a 05107/04
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EASEMENT DEED AND AGREEMENT
This Easement Deed and Agreement is made �/Wd -- �/ — , 2004, by and between
COUNTY OF ORANGE, a body corporate and politic, ereinafter referred to as "COUNTY," and
CITY OF SAN JUAN CAPISTRANO a California Municipal Corporation, hefeinafter referred to as
I "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.
I C.
"D
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") described and shown on Exhibit A 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.
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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.
12. 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.
13. 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. SURVEY AND LEGAL DESCRIPTION
No later than the earlier of two (2) years following the completion of initial construction herein or three
(3) years following the initial date of this Easement Deed and Agreement, CITY shall at CITY's sole
expense, have a licensed surveyor prepare a legal description accurately depicting the Easement
Area. CITY and COUNTY agree that said legal description shall be recorded and shall replace and
supersede Exhibit "A," attached hereto. Said replacement of Exhibit "A" shall not affect, alter or
change this Easement Deed and Agreement. Furthermore, this Easement Deed and Agreement
shall be deemed to be amended and shall relate back and be in place as of the initial date of this
Easement Deed and Agreement prior to said amendment of Exhibit "A."
6. 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
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1 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,
3 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,
5 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
7 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
9 for liability arising out of the concurrent active or sole negligence of COUNTY, its officers, agents,
and employees, including the cost of defense of any lawsuit arising therefrom. If COUNTY is named
11 as a co-defendant in a lawsuit, CITY shall notify COUNTY of such fact and shall represent COUNTY
in such legal action unless COUNTY undertakes to represent itself as co-defendant in such legal
13 action, in which event CITY shall pay to COUNTY its litigation costs, expenses and attorneys' fees. If
judgment is entered against COUNTY and CITY by a court of competent jurisdiction because of the
15 concurrent active negligence of COUNTY and CITY, COUNTY and CITY agree that liability will be
apportioned as determined by the court. Neither party shall request a jury apportionment. The
17 indemnities provided by CITY in favor of the COUNTY in this Easement Deed and Agreement shall
not require payment as a condition precedent.
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7. HAZARDOUS MATERIALS
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A. Definition of Hazardous Materials. For purposes of this Easement Deed and Agreement, the term
23 "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
25 entity, including, without limitation, the COUNTY acting in its governmental capacity, the State of
California or the United States government.
27
B. Use of Hazardous Materials. CITY or CITY's employees, agents, independent contractors or
29 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,
31 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
33 small quantities of Hazardous Materials that are used in the ordinary, customary and lawful cleaning
of and business operations on the Easement Area.
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C. CITY Obligations. If the presence of any Hazardous Materials on, under or about the Easement
37 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
39 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
41 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
43 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
45 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
47 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
49 CITY's Permittees, or enter into any settlement agreement, consent decree or other compromise with
any governmental or quasi govemmental entity without first obtaining the prior written consent of
51 COUNTY. All work performed or caused to be performed by CITY as provided for above shall be
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1 done in good and workmanlike manner and in compliance with plans, specifications, permits and
other requirements for such work approved by COUNTY.
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D. Indemnification for Hazardous Materials. To the fullest extent permitted by law, CITY hereby
5 agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to COUNTY)
COUNTY, its elected officials, officers, employees, agents and independent contractors and the
7 Easement Area, from and against any and all liabilities, losses, damages (including, but not limited,
damages for the loss or restriction on use of rentable or usable space or any amenity of the
9 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,
11 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
13 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,
15 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
17 detoxification of the Premises and the preparation of any closure or other required plans.
19 8. REMOVAL AND/OR ABANDONMENT OF EASEMENT (PMES3.1 )
21 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
23 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
25 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
27 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
29 encumbrance of the Easement from record title to COUNTY's real property.
31 9. GOVERNING LAW AND VENUE (S)
This Easement Deed and Agreement has been negotiated and executed in the State of California
33 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
35 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
37 Procedure Section 394.
39 10. DEFINITION OF "COUNTY"
41 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
43 body which executed this Easement Deed and Agreement or its representatives specifically
authorized to take such actions under this Easement Deed and Agreement.
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11. EXCEPTIONS AND RESERVATIONS
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COUNTY hereby reserves for itself and its successors and assigns, such surface and subsurface
49 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
51 Easement Area or otherwise interfere with the full enjoyment by CITY of the easement hereby
SJC I ... I LD&A-4(9-4-03)_doc -4-
1 11granted.
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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.
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.
12. NOTICES
All documents, correspondence, and communications concerning this Easement Deed and
Agreement shall be directed as follows:
TO:COUNTY
County of Orange
Integrated Waste Management Department
320 North Flower Street, Suite 400
Santa Ana, CA 92703
Attention: Director
11, ATTACHMENTS TO DOCUMENT
TO: CITY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Tony Foster
This document includes the following, which is attached hereto and made a part hereof:
Exhibit A (Recreational Trail Easement)
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APPROVED AS TO FORM
City Attorney CITY:
CITY OF SAN JUAN CAPISTRANO, a
ByCalifornia nicipal rp ration
e,i.�1M�
Date:
By
Title:JOL S 1'0, MAYOR
APPROVED AS TO FORM
County Counsel Date:
J ATTEST:
Date:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
4W
DARLENE J. BLOO
Clerk of the Board of Supervisors of
County, California
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
R. MONAHAN, CITY CLERK
COUNTY OF ORANGE,
a body corporate and politic
B
Y
Chairman of the Board of Supervisors
ACKNOWLEDGMENT
On4 �p 2004, before me, !� alt C- a Notary Public in and for said
County and State, personally appeared�� ,U�
personally known to me (or proved to me on toe 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 <�) mari
L
SH '11,10 EDA -0(9-4-03)
-6-
DALE C. MAAFI
Comm4Ffon 0 1421133
Nolay PLdio - COWOMIC
oarge county
My Comm. � Ju12l. 2007
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 January 20, 2004 before me, Marearet R. Monahan, City Clerk, personally appeared Joe Soto
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.
0.
R. Monahan, City Clerk
OPTIONAL
Description of Attached Document .
Easement Deed and Agreement
Title or Type of Document
City of San Juan
Capistrano Open Space
EXHIBIT_
Located approximately as shown hereon in
the City of San Juan Capistrano, State of
California, a strip of land for a recreational
trail easement, 20 feet in width over an
existing road, within the land described in
grant deeds to the County of Orange
recorded in Book 11M, Pages 145-147
and in Book 118]3, Pages 148-152 of Official
Records of Orange County, California
Prima Deshecha
Landfill
`, Recreational
Trail Easement
Alignment
Recreational Trail Easement
Parcel PM 126-35
Refuse Disposal Station #26
Prima Deshecha Landfill
VICINITY - MAP LEGEND
City Boundary
Trail 20' Width
V .i00' qY' PUallt FACanIFa NID RESDUPC6 DM.
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MEMORANDUM
TO: Meg Monahan, City Clerk
FROM: R. Anthony Foster, Engineering Assistant
June 8, 2004
SUBJECT: Easement Deed and Agreement for Recreational Trail Purposes
City of San Juan Capistrano/County of Orange (CIP #415)
Attached is a recorded copy of the subject Agreement. This Agreement was
approved by the City Council on January 20, 2004 (item D6), and by the Orange
County Board of Supervisors on May 4, 2004.
Attachment
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
nivev.sai iluancaplstrano. org
January 21, 2004
•
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
b(V- A
MEMBERS OF THE CITY COUNCIL
DIANE L. BATHGATE
JOHNS GELFF
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
On January 20, 2004 the City Council of San Juan Capistrano met regarding:
"Consideration of an Easement Deed/Agreement for the Prima Deshecha Landfill
Recreational Trail, Phase I (City of San Juan Capistrano/County of Orange) (CIP
#451)" Item No. D6
The following action was taken at the meeting: Resolution No. 04-01-20-02 adopted
approving the easement deed/agreement for the Prima Deshecha Landfill
Recreation Trail, Phase I; the Mayor authroized to execute the easement
deed/agreement; and the City Clerk directed to forward the easement
deed/agreement to the Director of Integrated Waste Management to acquire the
County Board of Supervisor's approval.
Resolution No. 04-01-20-02 is enclosed for your records and the easement
deed/agreement will be forwarded to Integrated Waste Management today.
If you have any questions regarding this action, please contact R. Anthony Foster,
Engineering Assistant at 443-6351 for more detailed information.
Thank you, J
V
Meg M a n, CMC
City erk
Cc: aid Acker, Integrated Waste Management"; Supervisor Thomas Wilson; Jan
Goss, Integrated Waste Management; Suzanne McClanahan, County of Orange;
Jack Dickman, County of Orange, Harbors, Beaches and Parks; Bruce Wegner,
City of San Clemente; William M. Huber, Engineering and Building Director; R.
Anthony Foster, Engineering Assistant
San Juan Capistrano: Preserving the Past to Enhance the Future
0
RESOLUTION 04-01-20-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE EASEMENT DEED AND
AGREEMENT WITH THE COUNTY OF ORANGE FOR PHASE I 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.
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 authorized to execute the Easement Deed and Agreement.
SECTION 3.
The City Clerk is directed to forward the Easement Deed and Agreement to the
Director of Integrated Waste Management who will forward the Agreement to the
Orange County Board of Supervisors for their approval.
PASSED, APPROVED, AND ADOPTE
ATTEST:
ET R. MONAHAN, CITY CLERK
1 01-20-2004
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PM 126-35
Refuse Disposal Station #26
Prima Deshecha Landfill
EASEMENTDEED AND AGREEMENT
This Easement Deed and Agreement is made , 2jby 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."
Im
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.
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.
IN
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") described and shown on Exhibit A 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.
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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.
12. 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.
14. 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.
15. SURVEY AND LEGAL DESCRIPTION
No later than the earlier of two (2) years following the completion of initial construction herein or three
(3) years following the initial date of this Easement Deed and Agreement, CITY shall at CITY's sole
expense, have a licensed surveyor prepare a legal description accurately depicting the Easement
Area. CITY and COUNTY agree that said legal description shall be recorded and shall replace and
supersede Exhibit "A," attached hereto. Said replacement of Exhibit "A" shall not affect, alter or
change this Easement Deed and Agreement. Furthermore, this Easement Deed and Agreement
shall be deemed to be amended and shall relate back and be in place as of the initial date of this
Easement Deed and Agreement prior to said amendment of Exhibit "A."
6. 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-Xgreement, except claims arising from -the -concurrent active or sole negligence of -COUNTY, its
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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 negligence of COUNTY, its officers, agents,
and employees, including the cost of defense of any lawsuit arising therefrom. If COUNTY is named
as a co-defendant in a lawsuit, CITY shall notify COUNTY of such fact and 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, 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 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 Easement Deed and Agreement shall
not require payment as a condition precedent.
7. HAZARDOUS MATERIALS
A. Definition of Hazardous Materials. For purposes of this Easement Deed and Agreement, the term
"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
entity, including, without limitation, the COUNTY acting in its governmental capacity, the State of
California or the United States government.
B. Use of Hazardous Materials. CITY or CITY's employees, agents, independent contractors or
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,
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
small quantities of Hazardous Materials that are used in the ordinary, customary and lawful cleaning
of and business operations on the Easement Area.
C. CITY Obligations. If the presence of any Hazardous Materials on, under or about the Easement
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
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
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
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
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
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
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
COUNTY. All work performed or caused to be performed by CITY as provided for above -shall be
SIC Trail ED&A4(9-4-03).doc
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done in good and workmanlike manner and in compliance with plans, specifications, permits and
other requirements for such work approved by COUNTY.
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)
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,
damages for the loss or restriction on use of rentable or usable space or any amenity of the
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.
8. REMOVAL AND/OR ABANDONMENT OF EASEMENT (PMES3.1 )
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.
9. GOVERNING LAW AND VENUE (S)
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.
10. 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.
11. 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 otherwiso-interferewith the full enjoyment -by Ct#of-the easementhereby
SIC Trail EMA4(94-03).doc
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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.
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.
12. NOTICES
All documents, correspondence, and communications concerning this Easement Deed and
Agreement shall be directed as follows:
TO:COUNTY
County of Orange
Integrated Waste Management Department
320 North Flower Street, Suite 400
Santa Ana, CA 92703
Attention: Director
11. ATTACHMENTS TO DOCUMENT
TO: CITY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Tony Foster
This document includes the following, which is attached hereto and made a part hereof:
Exhibit A (Recreational Trail Easement)
SJC Tnil ED&A-4(94-03).dm -5-
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APPROVED AS TO FORM
City Attorney
By -
Date: n 2C 107_
APPROVED AS TO FORM
County Counsel
Date:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
CITY:
CITY OF SAN JUAN CAPISTRANO. a
ATTEST:
R. MONAHAN, CITY CLERK
COUNTY OF ORANGE,
a body corporate and politic
DARLENE J. BLOOM By
Clerk of the Board of Supervisors of Orange
County, California
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
Chairman of the Board of Supervisors
ACKNOWLEDGMENT
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
SJC Trail EDA4(9-4-03)
0 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)
On January 20, 2004 before me, Margaret R. Monahan, City Clerk, personally appeared Joe Soto
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.
City Clerk
OPTIONAL
Description of Attached Document
Easement Deed and Agreement
Title or Type of Document
Prima Deshecha
Landfill
k
EXHIBIT A_
w
a
0
4
Located approximately as shown hereon in
,`
the City of San Juan Capistrano, State of
i
California, a strip of land for a recreational
trail easement, 20 feet in width over an
eidsting road, within the land described in
grant deeds to the County of Orange
recorded in Book 11813, Pages 145447
and in Book 11813, Pages 148-152 of Official
Records of Orange County, California
Prima Deshecha
Landfill
k
,`
City of San Juan /
Capistrano Open Space
o
Recreational Trail Easement
Parcel PM 126-35
RefusL- DisposaFStatiorr #26
Prima Deshecha Landfill
Recreational
Trail Easement
Alignment
vic>xTr3 mnr LEGEND
City Boundary
_. Trail 20'Width
o MO 600 PUBLIC FACa1 E5 AND n6g0UyRL�6y DEPT. = = = = .
0
0 1/20/2004
•
AGENDA ITEM
TO: Dave Adams, City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: Consideration of an Easement Deed/Agreement for the Prima Deshecha
Landfill Recreational Trail, Phase I
(City of San Juan Capistrano/County of Orange) (CIP #451)
RECOMMENDATION:
By motion,
Adoptthe resolution approving the Easement Deed/Agreement forthe Prima
Deshecha Landfill Recreational Trail, Phase 1.
2. Authorize the Mayor to execute the resolution and the Easement Deed/
Agreement.
3. Direct the City Clerk to forward the Easement Deed/Agreement to the
Director 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, Integrated Waste, the City of
San Clemente and Supervisor Wilson's Office 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 ultimately connect to
the Talega Trails in San Clemente and San Onofre State Beach. The Easement
Deed/Agreement (Attachment 3) being considered will provide for the connection
within an undeveloped portion of the Prima Deshecha Landfill (Landfill). Staff
recommends approval of the resolution (Attachment 4) accepting the Easement
Deed/ 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
a legal public access as trail users had 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.
E
Agenda Item
Page 2
is
January 20, 2004
In January of 2001, City staff was asked to meet with Landfill representatives,
Supervisor Wilson and staff from the City of San Clemente and County of Orange.
Due to previous construction work, the Department of Fish and Game has required
that the Landfill provide a mitigation (habitat) area near the terminus of Camino de
los Mares. The area includes an existing grove of Eucalyptus trees located
northeast of the road terminus. As part of the mitigation program, the Landfill will
also be providing trails utilizing existing dirt roads which will connect San Juan
Capistrano's South Open Space to trails to San Clemente and San Onofre Trails.
Phase I consists of establishing a trail between the City's South Open Space and
the terminus of Camino de los Mares. This route utilizes an existing dirt road, north
of the steep trail now dedicated to the City. The route does not impact the
Conservation Easement area required by Fish and Game, therefore, Phase I
improvements can commence upon approval of the subject Easement Deed/
Agreement by the County Board of Supervisors. Improvements include fencing,
minor grading and installation of motorcycle barriers and signage.
Phase II will be considered upon completion of the Conservation Easement. The
Conservation Easement area will encompass the Eucalyptus Grove and
surrounding area. As the Conservation Easement area has not been finalized, and
as the Phase II trail boarders the Easement, the trail alignment has yet to be
determined. However, the Phase II trail will link from Camino de los Mares to the
Talega Trail within San Clemente which provides a link to San Onofre State Beach.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
The subject trail, and eleven othertrail CIP's were prioritized by the Parks, Recreation and
Equestrian Commission on December 18, 2002. This trail was given the highest priority.
FINANCIAL CONSIDERATIONS:
The City is required to provide fencing for the trail, estimated at $71,000. The 2003/2004
budget for CIP #451 is $30,000, with an additional $40,000 budgeted in 2004/2005 (the
project was split due to funding issues). Through the mid -year budget process, staff will
request the survey funding ($6,000-$9,000) as well as approval to move forward the
$40,000 from 2004/2005 to complete Phase I this year for a total budget of $79,000.
NOTIFICATION:
Supervisor Thomas Wilson
Richard Acker, Senior Staff Analyst, Integrated Waste Management'
Jan Goss, Director, Integrated Waste Management
Suzanne McClanahan, County of Orange
Jeff Dickman, County of Orange, Harbors, Beaches and Parks
Bruce Wegner, Director of Beaches, Parks and Recreation, City of San Clemente
'Received agenda report
0
Agenda Item
Page 3
ALTERNATE ACTIONS:
A. By motion,
January 20, 2004
Adopt the resolution approving the Easement Deed/Agreement forthe Prima
Deshecha Landfill Recreational Trail, Phase I.
2. Authorize the Mayor to execute the resolution and the Easement Deed/
Agreement.
3. Direct the City Clerk to forward the Easement Deed/Agreement to the
Director of Integrated Waste Management who will forward the Agreement
to the Orange County Board of Supervisors for their approval.
B. Do not adopt the resolution.
C. Request additional information from staff.
RECOMMENDATION:
By motion,
Adoptthe resolution approving the Easement Deed/Agreementforthe Prima
Deshecha Landfill Recreational Trail, Phase I.
Authorize the Mayor to execute the resolution and the Easement Deed/
Agreement.
3. Direct the City Clerk to forward the Easement Deed/Agreement to the
Director of Integrated Waste Management who will forward the Agreement
to the Orange County Board of Supervisors for their approval.
Respectfully submitted: Prepared by:
alb_-^
/,r �...
William M. Huber, R. Anthony Fostdr
Director of Engineering and Building Engineering Assistant/Trail Coordinator
Attachments: 1. Location Map
2. Area Detail Map
3. Easement Deed and Agreement
4. Resolution 04-01-20-
ATTACHMENT
2
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Prima Deshecha
Landfill
tl
Phase l
Recreational
`T
City of San Juan �� rail Easement
Capistrano Open Space Alignment
♦,� f k\
To San Onofre .i
F I;
Existing Trail �`\ Phase II
City f San Cleme to
s
LEGEND
City Boundary
Trail 20' Width_
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... A.9� zoo--�
ATTACHMENT
1 PM 126-35
Refuse Disposal Station #26
3 Prima Deshecha Landfill
5
7 EASEMENT DEED AND AGREEMENT
9
This Easement Deed and Agreement is made 2003, by and between
11 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
13 "CITY."
15
R E C I T A L S
17
19 A. COUNTY currently owns and operates the Prima Deshecha Landfill ("Prima') in the City of San
Juan Capistrano.
21
B. CITY operates a non -motorized recreational trail system and desires to include use of portions
23 of certain existing trails and roads located on Prima.
25 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
27 population of Orange County.
29 D. CITY is willing to install fencing as required by COUNTY to restrict access from such trails to
other areas on Prima.
31
33 NOW, THEREFORE, COUNTY AND CITY agree as follows:
35 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
37 purposes in the County of Orange, State of California, in, on, over, and across that certain real
property (hereinafter referred to as "Easement Area") described and shown on Exhibit A attached
39 hereto and by reference made a part hereof.
41 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:
43
1. CONSTRUCTION AND MAINTENANCE
45
CITY shall have its initial construction plans approved in writing by COUNTY's Director of Integrated
47 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
49 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
51 building or other codes or other governmental requirements.
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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. SURVEY AND LEGAL DESCRIPTION
No later than the earlier of two (2) years following the completion of initial construction herein or three
(3) years following the initial date of this Easement Deed and Agreement, CITY shall at CITY's sole
expense, have a licensed surveyor prepare a legal description accurately depicting the Easement
Area. CITY and COUNTY agree that said legal description shall be recorded and shall replace and
supersede Exhibit "A," attached hereto. Said replacement of Exhibit "A" shall not affect, alter or
change this Easement Deed and Agreement. Furthermore, this Easement Deed and Agreement
shall be deemed to be amended and shall relate back and be in place as of the initial date of this
Easement Deed and Agreement prior to said amendment of Exhibit "A."
6. 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 clarms arising from the concurrent active or -sole negligence of COUNTY, its
SJC Trail ED&A-4(9-4-03).doc
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1 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,
3 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,
5 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
7 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
9 for liability arising out of the concurrent active or sole negligence of COUNTY, its officers, agents,
and employees, including the cost of defense of any lawsuit arising therefrom. If COUNTY is named
11 as a co-defendant in a lawsuit, CITY shall notify COUNTY of such fact and shall represent COUNTY
in such legal action unless COUNTY undertakes to represent itself as co-defendant in such legal
13 action, in which event CITY shall pay to COUNTY its litigation costs, expenses and attorneys' fees. If
judgment is entered against COUNTY and CITY by a court of competent jurisdiction because of the
15 concurrent active negligence of COUNTY and CITY, COUNTY and CITY agree that liability will be
apportioned as determined by the court. Neither party shall request a jury apportionment. The
17 indemnities provided by CITY in favor of the COUNTY in this Easement Deed and Agreement shall
not require payment as a condition precedent.
19
7. HAZARDOUS MATERIALS
21
A. Definition of Hazardous Materials. For purposes of this Easement Deed and Agreement, the term
23 "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
25 entity, including, without limitation, the COUNTY acting in its governmental capacity, the State of
California or the United States government.
27
B. Use of Hazardous Materials. CITY or CITY's employees, agents, independent contractors or
29 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,
31 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
33 small quantities of Hazardous Materials that are used in the ordinary, customary and lawful cleaning
of and business operations on the Easement Area.
35
C. CITY Obligations. If the presence of any Hazardous Materials on, under or about the Easement
37 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
39 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
41 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
43 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
45 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
47 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
49 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
51 COUNTY. All work performed or caused to be performed by CITY as provided for above shall be
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done in good and workmanlike manner and in compliance with plans, specifications, permits and
other requirements for such work approved by COUNTY.
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)
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,
damages for the loss or restriction on use of rentable or usable space or any amenity of the
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.
IQ
REMOVAL AND/OR ABANDONMENT OF EASEMENT (PMES3.1 )
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.
9. GOVERNING LAW AND VENUE (S)
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.
110. 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.
11. 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
SJC Trail ED&A-4(94-03).doc
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1 1 1 granted.
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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.
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.
12. NOTICES
All documents, correspondence, and communications concerning this Easement Deed and
Agreement shall be directed as follows:
TO:COUNTY
County of Orange
Integrated Waste Management Department
320 North Flower Street, Suite 400
Santa Ana, CA 92703
Attention: Director
11. ATTACHMENTS TO DOCUMENT
TO: CITY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Tony Foster
This document includes the following, which is attached hereto and made a part hereof:
Exhibit A (Recreational Trail Easement)
SJC Tail ED&A-4(9-4-03).do -$-
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APPROVED AS TO FORM
City Attorney
By
Date: D
APPROVED AS TO FORM
County Counsel
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:
Date:
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
SIC Trail EDA -4(9-4-03)
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
0
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
SJC Tmil ED&A4(9-4-03).doc
-7-
WI
O
d
City of San Juan
Capistrano Open Space
EXHIBIT A
Located approximately as shown hereon in
the City of San Juan Capistrano, State of
California, a strip of land for a recreational
trail easement, 20 feet in width over an
eTdsting road, within the land described in
grant deeds to the County of Orange
recorded in Book 11813, Pages 145-147
and in Book 11813, Pages 148-152 of Official
Records of Orange County, California
Prima Deshecha
Landfill
Recreational Trail Easement
Parcel PM 126-35
Refuse Disposal Station #26
Prima Deshecha Landfill
Recreational
Trail Easement
Alignment
vicixirz xi� LEGEND
City Boundary
° Trail 20' width
0' 300' 600' DEPT.
Ge.maOc/land 6d°mwfi.n Systuns Divisbn
o�MlMO ml
0
RESOLUTION 04-01-20-02
Pi
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE EASEMENT DEED AND
AGREEMENT WITH THE COUNTY OF ORANGE FOR PHASE I 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.
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 authorized to execute the Easement Deed and Agreement.
SECTION 3.
The City Clerk is directed to forward the Easement Deed and Agreement to the
Director of Integrated Waste Management who will forward the Agreement to the
Orange County Board of Supervisors for their approval.
PASSED, APPROVED, AND ADOPTEI
ATTEST:
R. MONAHAN, CITY CLERK
1 01-20-2004
0 0
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. 04-01-20-02 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 20th day
of January 2004, by the following vote:
AYES: COUNCIL MEMBERS: Gelff, Bathgate, Swerdlin, Hart and Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
R. MONAHAN, City Clerk
32400 PASEo ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
mviv sanjuancapistrano. org
//pp IA[IA,AIARI
I�mAn I 1961
1776
MEMBERS OF THE CITY COUNCIL
DIANE L. BATHGATE
JOHN S. GELFF
MATT HART
JOESOTO
DAVID M. SWERDLIN
INTERIM CITY MANAGER
PAMELA GIBSON
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 7:00 p.m. on January 20, 2004 in
the City Council Chamber in City Hall, to consider: "Consideration of an Easement
Deed/Agreement for the Prima Deshecha Landfill Recreational Trail, Phase I (City
of San Juan Capistrano/County of Orange) (CIP #451)" — Item No. D6
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 City Hall by 5:00 p.m. on
Monday, January 19, 2004 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a blue "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 R. Anthony Foster,
Engineering Assistant. You may contact that staff member at (949) 443-6351 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.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-agendasesanivancapistano.org.
Meg Monahan, CMC
City Clerk
cc: Richard Acker, Integrated Waste Management'; Supervisor Thomas Wilson; Jan Goss,
Integrated Waste Management; Suzanne McClanahan, County of Orange; Jack Dickman, County
of Orange, Harbors, Beaches and Parks; Bruce Wegner, City of San Clemente; William M. Huber,
Engineering and Building Director; R. Anthony Foster, Engineering Assistant
. Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future