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.