Loading...
1988-0223_ORANGE , COUNTY OF_Agreement00-18-09 09:10am From -CLERK OF CARD +7148344438 T-972 P 05/10 F-570 rrn uuv wuc wm Agreement NO. Ott /-199 rJerk of rhe Board 6 4L t, �a-I i 558r95(�- �� . 1 cLFr..; uF = rrAra r' 01 4; CE CL'UYN 11 AGREEMENT BETWEEN COUNTY OF ORANGE, ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT AND CITY OF SAN JUAN CAPISTRFNO FOR TRANSFER OF OPEN 2 SPACE DEDICATIONS AND MAINTENANCE OF EQUESTRIAN 'TRAILS IN THE COLINAS DE CAPISTRANO-LAGUNA HEIGHTS IC.TA 3 4 This Agreement made and entered into this day of 5 rt6tu , 196.7, is 6 BY AND BETWEEN 7 CIT`[ OF SAN JUAN CAPISTRANO, a municipal corporation, her(-inafter referred to as "CITY," 8 AND 9 COUNTY OF ORANGE, a political subdivision 101 of the State of +alifornia, hereinafter designated as "CCUNTY" and 111 THE ORANGE COUNT:i HARBORS, BEACHES AND PARKS DISTRICT, a body politic, hereinafter referred 121 to as "OISTRICP" 13I W I T H E S S E T H 14 WHEREAS, the COUNTY has established a system of regional hiking and 15 equestrian trails, as identified on the Master Plan of Riding and Hiking Trails, a 16 component of the Recreation Element of the Orange Country General Plan; and 17 WHEREAS, the Master Plan of Riding and Hiking Trails identifies an 18 equestrian and hiking trail in the vicinity of the Col.1nas de Capistrano bluffs and 19 the Laguna Heights area; and 20 WHEREAS, the approval of various tract maps within said area were subject 21 to, among other things, conditions which required the offer in fee or in dedication of 22 certain lands and easements to the DISTRICT, for the purpose of providing regional 23 open space and additions to the regional hiking and equestrian trails in conformance 24 with the COUNTY's Recreation Element; and 25 WHEREAS, the CITY is located immediately easterly of the Colinas bluffs - 26 Laguna Heights area, and is vitally interested in the viewshed afforded by the 27 aforementioned open space and the continuation of the equestrian trails therein; and 28 -1- 00-18-09 09:11am From -CLERK OFTfj€ BOARD +7148344439 T-972 P 06/10 F-570 - ..-- v • agreement NO. UC/-I`PJ 1! WHEREAS, the CITY has offered to provide resL)Onsible local stewardship of 2 this open space and requested the COUNTY and DISTRICT transfer their interests in 3, these lands to the CITY; and 4 WHEREAS, the COUNTY and DISTRICT are willing to convey their interests in 5 these certain open space lands and open space and trail. easements and certain offers 6 of dedication thereof to the CITY in consideration of the CITY's preserving such 7 open space in perpetuity and accepting the maintenance of such trail easements. 8 NOW, THEREFORE, in consideration of the prom.i.ses herein contained, said 9 parties agree as follows: 10 1. COUNTY agrees to quitclaim and transfer that certain open space and 11 trail easements, offers of open space easement dedication, and offers of fee simple 12 open space land dedication to CITY, which are more particularly described in the 13 attached Quitclaim Deed, and incorporated by reference„ as Exhibit A, herein and 14 subject to the conditions set forth hereinafter. 151 2. CITY agrees to manage those open space lends identified in Exhibit A 16 and agrees to preserve in perpetuity such open space easements and irrevocable 17� offers for open space, recreation, trail, scenic preservation and/or resource 18 preservation, passive recreation and related purposes. 19 3. CITY agrees to maintain the trails identified in Exhibit A in a safe 20 and usable condition for public use in perpetuity_ Such maintenance shall include, 21 but not be limited to, the following: 22 A. Signs: Maintain any existing signs, including replacement as 23 needed_ 24 B. Litter: Patrol for litter pickup within the trail right-of-way on 25 a monthly basis. 28 C. Weed: Spray an emergent on trail to sterilize soil and prevent 27 the growth and spread of weeds as needed. 28 -2- O8 -1B-08 08:11am From -CLERK OF T1 BOARD +7148344430 • T-872 P 07/10 F-570 Agreement No. D87-199 D. Trees and shrubs: Routinely trim anc: prune trees and shrubs adjoining the riding trails so as to maintain safe trail use. E. Grading: Annually grade trail and fill holes and ruts so as to maintain safe trail use. 4. CITY agrees to accept, subject to the confirmation of accuracy, the aforementioned Quitclaim Deed, and record same within 60 days of receipt from COUNTY. 5. Indemnification. CITY agrees to indemnify, defend and hold COUNTY and DISTRICT, their officers and employees free and harmlexis from any and all liability expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected With CITY's operations, or its actions hereunder, including any workers' compensation suits, liability, or expense, arising from or connected with services performed by any person on behalf of CITY pursuant to this agreement. -3- OB -18-09 09:11am From -CLERK OFT}j�BCARD +7149344439 • T-972 P 09/10 F-570 nyecenleuc 'Yu - 1 2 3 4 5 6 7 8 9 10 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. Date. July 21, 1987 Approved as to form. L/� - Jo R. Shaw, City Attorney CORPORATE ACKNOWLEDGMENT 1129 1214 State of Cal 3furnia 1 SS. County of Orange ) 88-115895 OFFICIAL SEAL CHERYL A JOHNSON m NOTAFry PUBLIC - CALIFOANIA CRNiC: CC:�++1' Ky rmm. exr.ir9s NC11 11, 1989 CITY: City of San Juan Capistrano, a municipal corporation By: Anthony L.GI and, Mayor Attest: Mary Ann Ha er, Cit C1 rk No xoz On this the 21st day of _,,._7111 v _ 1 B$7_, before me, Cheryl A. John;on the undersigned Notary Public, p srsonally appeared Anthony L. Bland and Mary Ann Hanover ® personally known to me ❑ proved to me on the basis of ratisfactory evidence to be the persons) who executed the within Instrument as. Mayor and City Clerk municipDal or on behalf, therein municlpa named, and acknowledged to m :: that th¢Corporatlon executed it. WITNESS my hand and official seal. NE �` /_u[, LiL/i✓r Notary's Signat - NATIONAL NOTARY ASSOCIATION" 230129-1,1,1„11 BIW "e0 a9A 41629• W9o9Ian9 r9IIA CA 91J9SAE29 Clerk of_tha Board of Supervisors -4- 23 24 25 26 27 28 KS:awPRO11-20 7191 CITY: City of San Juan Capistrano, a municipal corporation By: Anthony L.GI and, Mayor Attest: Mary Ann Ha er, Cit C1 rk No xoz On this the 21st day of _,,._7111 v _ 1 B$7_, before me, Cheryl A. John;on the undersigned Notary Public, p srsonally appeared Anthony L. Bland and Mary Ann Hanover ® personally known to me ❑ proved to me on the basis of ratisfactory evidence to be the persons) who executed the within Instrument as. Mayor and City Clerk municipDal or on behalf, therein municlpa named, and acknowledged to m :: that th¢Corporatlon executed it. WITNESS my hand and official seal. NE �` /_u[, LiL/i✓r Notary's Signat - NATIONAL NOTARY ASSOCIATION" 230129-1,1,1„11 BIW "e0 a9A 41629• W9o9Ian9 r9IIA CA 91J9SAE29 Clerk of_tha Board of Supervisors -4- 08-I9-09 09:11am From -CLERK OF wOARD +7149344439T-972 P 09/10 F-570 • Agreement No. IN WITNESS WHEREOF, the parties hereto have exec!ated this Agreement on the day and year dated below_ CITY: Date. July 21, 1987 City of San Juan Capistrano, a municipal corporation By: Anthony L. anr, Mayor Approved as to form: Attest: R. Shaw, City Attorney Mary -Ann Ha if, Cil Clerk Date. _ i3 BK Approved as to form: Adrian Kuyper, County Counsel By:. //IDppLlty KS:awPRO11-20 7191 COUNTY: County of Orange, a political subdivision of the State of Califorria, and Orange County Harbors, Beaches and Parks District, a body politic a By " ....... a��.. iiA?%�^•TT.t�. �;r�__��:.. Chairman of the Hoard of Supervisors Signed and certified that a copy of this document has been delivered to the Chairman of the Board: By: Lin a D. Robertc, -y1-if Clerk of the Board of Supervisors -4- 08-18-08 00:Ilam From -CLERK OF 6BOARD STATE OF CALIFORNIA Ss. COUNTY OF ORANGE +7148344438 T-072 P 10/10 F-570 vv I I.JUJ* RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -114/5 AM MM 15'88 accdenrc On this 23rd day of February in the year 1988 , before me, Sandra L. Case personally appeared Linda D. Roberts, personaly known to me (or proved to me on th=_ basis of satisfactory evidence) to be Clerk of the Board of Supervisors of the county of Orange, said Board acting as the governing Board of the Orange County Harbors, Beaches, and Parlu3 District, and known to me (or proved to me on the basis of satis,Eactory evidence) to be the person who executed the within instrwIment on behalf of the orange County Harbors, Beaches, and Parks Di:strict pursuant to Government Code Section 25103, and acknowledr{ed to me that such political subdivision executed the same by u -.;e of an authorized facsimile signature. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal of the day and year in this certificate first above written. � r 7 Notary PubTJ in and for said County and State w�soo�o+�sako FQMV O(� XIAL iFALSANDRA L. C.\SENulary PU54 - Comomm ni awn b C Mwa 1n mnition E.Net N>rrA 16, �Y91 POsarO�iNH 08-10-08 08:10am From -CLERK OF W OARD +7148344438 9 T-872 P 01/10 F-570 Facsimile Cover Sheet CLERK OF THE BOARD OF St IPER VISORS COUNTY OF ORANGE 10 CIVIC CENTER PLAZA,1COOM 46S SANTA ANA, CALIFORNIA 92701 (714) 834:'3q&.1 Facsimile Number: (714) 8.14-4439 To: tl? �ri rt fi i Facsimile Number: '9q 9- _/0 S3. From: 23e—v Message: Total Number of Pages (Including This Page)_/� 08 -IB -09 09:10am From -CLERK OF W OARD +7140344439 • T-972 P 02/10 F-570 -7 i MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNhik FEBRUARY 23, 1988 AGREEMENT NO. D87-199 WITH THE CITY OF SAN JUAN CAPISTIANO TO TRANSFER OPEN SPACE DEDICATIONS AND MAINTENANCE F EQUESTRIAN TRAIL`.: IN THE C LIN OE CAPISTR NO -- LAGUNA HEIGHTS R Environmental Management Agency, on behalf of the City of San Juan Capistrano, requests the conveyance of all real property interests held by the County in certain open space lands, open space and trail easements and offers of dedication thereof t:) the City in consideration of the City's preserving such open space in perpetuity and accepting the maintenance of such trail easements. MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Roth, the Board moved to: 1. Authorize execution of Agreement No. D87-199 with the City of San Juan Capistrano. 2. Direct the Clerk of the Board to record Agreement No. D87-199 with the County Recorder. 3. Authorize execution of revised Quitclaim Deed, dated November 24, 1987. MOTION UNANIMOUSLY CARRIED. CPtF1013 2 3 (12/76) OB -I8-09 09:10am From -CLERK OF Tj BOARD +7149344439 A111111 T-972 P 03/10 F-570 /AULI IUH I I LIV1 I 1TIVJ►V11 I JAL "" PHOCESSED dY: DATE CAO REVIE'N CONSENT ® VES t Concur / ❑ l U J 23 Ni T ❑ Do Not Ccncur 9 CLF k r•.:7 D ® Exempt TO BOARD OF SUPERVISORS COUNTY Of ORANGE ,if)KE CONTACT FOR INFORMATION FROMEMA K. W. Scatr.ergood 2173 MEETING DATE SUBJECT Y SUPV, DI T February 23, 1988 Transfer of open space dedications and malncenance of Equestrian Trails in the Colinas de Capistrano - Laguna 5� Heights Area — SUMMARY OF REOUE:ST (Description for agenda) The City of San Juan Capistrano requests the conveyance of all real property interests held by the County in certain open apace lands, ripen space and trail easements and offers of dedication thereof to the City in ronaideracion of the City's preserving such open space in perpetuity and acr:epting the maintenance of such trail easements. ADDITIONAL DATA The subject agreement was previously considered by your BoIrd at the meeting of August 18, 1987. At that time, your Board directed EMA to determine whether the City of San Juan Capistrano's pending "Westside Annexation" affected the boundaries of the open space dedications, which constituted the subject agrea•.ment, and further directed that said agreement not be returned to the Board until the annexation became final. The certificate of completion on the Westside Annexation aas recorded on November 3, 1987. The recordation of the certificate finalized the annexation. (Continued on Reverse) PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPECIFIC ITEM. Minute Order dated August 18, 1987 FUNDING SOURCE(S) _ CURRENT YEAR COST ANNUAI. COST BUDGETED? L YES NO HBPD -0- -1'- WILL PROPOSAL REOUIRE ADDITIONAL PERSONNELSCt'.:NSISTENT WITH BOARD POLICY? ` ~Y El NO IF YES STATE NUMBER _ PERMANENT _LIMITED TERM I :l YES 0 NEW ITEM OR EXCEPTION RECOMMENDED ACT ION 1. Authorize Chairman to execute Agreement No. D87-199 with the City of San Juan Capistrano- 2- Direct the Clerk of Che Board Co record Agreement No. 1187-199 with the County Recorder. 3- Authorize Chairman to execute revised Quitclaim Deed, ,laced November 24, 1987_ CONCURRENCES ((1 applicable) ATTACHMENTS Agreement No D87-199" City of San Juan Capistrano Revised Quitclaim Deed - I DATE AGENCY OP DEPARTMENT AUTHORIZED EPRDNTATiVE KS:an(04/31)8033 Ernie Schne-der, Director, EISA 08-18-09 09:10am From -CLERK OF CARD +7148344439 4 T-872 P 04/10 F-570 AGENDA ITEM I'FANSM1TTAL Page 2 ADDITIONAL DATA: (Continued) EMA determined that two minor parcels within the original quitclaim deed prepared to convey the open space dedications to the City were oursie the boundaries of the Westside Annexation. Understanding that is was the Hoard's clear intent to convey only those parcels that were within the annexation boundaries, the quitclaim deed was revised to conform to the City's boundaries. As an att..;ichment to the subject agreement for purposes of describing the affected property, the original quitclaim deed was accepted by the City Council upon its execution of said agreement. By letter dated November 30, 1987, EMA transmitted the revised quitcLjim deed to the city for its review and concurrence, By letter dated January 25, IW18, the city concurred with the revised quitclaim deed. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CIQA): The recommended action is not a project as defined by CEQA.