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1994-0526_SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR_Settlemetn Agr & Release SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE (the "Agreement") is entered into as of this 26th day of May, 1994 , by and between the City of San Juan Capistrano, a California municipal corporation ("City") and the San Joaquin Hills Transportation Corridor Agency, a California joint powers agency ("Agency") . RECITALS A. Agency was created to cause the construction of an extension to the Corona del Mar Freeway ("Route 7311) in Orange County, California, commonly referred to as the San Joaquin Hills Transportation Corridor (the "Corridor") . B. Planned improvements at the south terminus of the Corridor require the acquisition of certain Corridor right-of-way within existing Rancho Viejo Road and relocation of Rancho Viejo Road within the City. The Corridor right-of-way within existing Rancho Viejo Road necessary for Corridor Construction, and the property owned by City that is necessary to relocate existing Rancho Viejo Road, is hereinafter the "Rancho Viejo Road Right- of-Way. " The Rancho Viejo Road Right-of-way is more particularly described substantially as set forth in Exhibit "A" hereto and incorporated herein. C. Agency adopted Mitigation Measure 15-26 in its TCA EIR No. 1 approved on March 14, 1991 providing for the development of a concept plan for the relocation of Rancho Viejo Road. COPY D. Agency and City wish to enter into this Agreement to completely resolve, settle and release each other regarding all disputes between Agency and City with regard to: (i) the extent of the City' s regulatory authority over the Agency and the Corridor; (ii) the value of the exchange of the Rancho Viejo Road Right-of-Way; and (iii) the Agency's authority to take the Rancho Viejo Road Right-of-Way by exercise of its power of eminent domain and to resolve all obligations between them except as set forth below. NOW THEREFORE, in consideration of the above and the covenants set forth below, it is agreed as follows: 1. Implementation of Concept Plan. Agency and City agree to perform each of their respective obligations set forth in the draft Rancho Viejo Road Concept Plan approved by the City by its adoption of Resolution No. 94-3-15-1, a copy of which is attached hereto as Exhibit "B, " as more particularly described in that certain document entitled "Realignment of Rancho Viejo Road Improvement Requirements, " a copy of which is attached hereto as Exhibit "C" and incorporated herein (the "Improvement Requirements") , and to work cooperatively with one another and with Caltrans in promptly completing review of required submittals and working to achieve necessary approvals for the improvements identified in the Improvement Requirements. 2 . Additional Obligations. In addition to performance of their obligations described in the Improvement Requirements, Agency and City agree as follows: -2- 9414600G.001 a. Upon filing of a notice of completion of the Corridor improvements and relocation of Rancho Viejo Road, Agency shall convey to City, and City shall accept, title to the right- of-way of relocated Rancho Viejo Road, and shall assume full responsibility for maintenance and operation of Rancho Viejo Road as a local arterial highway. City shall review and approve of documents necessary to effectuate this conveyance, including but not limited to a legal description of the property to be transferred from Agency to City, promptly upon availability of the same. Agency shall transfer the right-of-way of relocated Rancho Viejo Road to City free and clear of any and all encumbrances, except as approved by the City. b. City shall promptly review all plans for the Improvement Requirements improvements, and construction thereof, in accordance with the procedures described in the Design/Build Manual for the Corridor. C. Item 6 of the Improvement Requirements requires Agency to obtain an easement for an equestrian trail linking the Village San Juan Area with the Spotted Bull Area. Agency shall deliver to City notice with regard to the date upon which Agency needs to acquire such easement in order to construct the trail and meet Agency' s construction schedule. City shall acquire all appropriate environmental clearances for the equestrian trail in sufficient time so as to enable the Agency to meet its construction schedule. Agency shall provide reasonably necessary assistance to City in obtaining such environmental clearance, and City shall provide such assistance to Agency as is -3- 9a16600c.OL1 reasonably required in order to enable Agency to acquire title to the equestrian trail easement, construct the equestrian trail and transfer title thereof to City. d. The Obligations identified in the Improvement Requirements, and the further obligations described in this paragraph 2 , are hereinafter referred to as the "Improvement Requirements. " 3 . Acauisition of Rancho Viejo Road Right-of-Way by Agency. The following shall be conditions precedent to the Agency' s performance of its Improvement Requirements. a. Agency shall schedule a hearing on a Resolution of Necessity with regard to the acquisition of the Rancho Viejo Road Right-of-Way on June 9, 1994 . b. Upon adoption of such resolution, Agency shall file a condemnation action with respect to the Rancho Viejo Road Right-of-Way, naming City as a defendant therein, within two weeks after adoption of the Resolution of Necessity. C. City agrees that Agency' s service of the summons, complaint, pleadings, orders and other documents in the condemnation action on the City shall be deemed complete upon Agency's delivery of such documents to the City Attorney's office at any time during regular business hours. So long as such delivery occurs, the City shall waive any objection based on improper service. -4- 9414600G.001 d. City agrees to file a disclaimer of any interest in the Rancho Viejo Right-of-Way, pursuant to Code of Civil Procedure Section 1250. 325, substantially in the form attached hereto as Exhibit "D, " within five days of Agency' s service of the summons and complaint in the condemnation action. City agrees not to oppose or interfere in any way with the Agency's application to the court for an order of immediate possession of the Rancho Viejo Road Right-of-Way, and to cooperate in transfer of possession pursuant to such order. e. The parties agree to cooperate as necessary: (i) in promptly executing a proper stipulation for judgment in the condemnation action for transfer of the City' s interest in the Rancho Viejo Road Right-of-Way to Agency; ( ii) in assisting one another in achieving prompt entry of such a binding, final judgment; and (iii) in refraining from any challenge to such judgment on appeal or otherwise. f. Each of the parties shall take any other actions as are necessary to enable Agency to obtain a judgment by the court transferring title to the Rancho Viejo Road Right-of- Way to Agency. 4. Release. City hereby releases and forever discharges Agency and each of its officers, directors, employees, agents, representatives, contractors and all persons acting by, through, under or in concert with them, or with any of them, of, from and against any and all further claims, demands, causes of action, obligations, agreements, costs, expenses (including but not limited to attorneys ' fees) and damages, of whatever kind or -5- 9414600G.001 nature, with regard to the Scope of the Agency' s Improvement Requirements, and no further obligations shall be imposed by City with regard to the transaction contemplated hereby. 5. Integration. This Agreement contains the entire agreement and understanding of the parties concerning the Improvement Requirementsto be performed by Agency as a condition to acquisition of the Rancho Viejo Road Right-of-Way by Agency, and the transfer of title to the Rancho Viejo Road Right-of-Way to Agency, and supersedes and replaces all prior negotiations, proposed agreements, and agreements, whether written or oral, express of implied, of any type whatsoever. City acknowledges that neither Agency nor any agent nor attorney of Agency has made any promise, representation, or warranty whatsoever, express or implied, not set forth in this Agreement, to induce City to execute this Agreement, and City acknowledges and warrants that this Agreement is not being executed by City in reliance on any promise, representation, or warranty not contained herein. 6. No Admission. This Agreement is not deemed to be and shall not be construed as an admission, expression, or acknowledgment by any of the parties of the validity of any fact, legal principle claim, allegation or liability with regard to any person or entity. In particular, this Agreement shall not be deemed to be an admission, expression or acknowledgment by Agency of any authority of City to prevent Agency's acquisition of the Rancho Viejo Road Right-of-Way or the City's regulatory authority to require Agency to perform the Improvement Requirements, other than is provided for by this Agreement. -6- 9414600G.001 7 . Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon each party hereto, including each party's respective agents, representatives, successors and assigns. 8 . Counterparts. This Agreement may be executed in one or more counterparts, each of which, when taken together, shall constitute a completely executed original . 9 . Amendment. This Agreement shall not be amended, supplemented, or abrogated, other than by a written instrument signed by the parties hereto. 10. Representation by Counsel . Each party hereto acknowledges and warrants that such party has been represented by counsel of that party' s own choice throughout all negotiations that preceded the execution of this Agreement. Each party hereto has cooperated in the drafting and the preparation of this Agreement. In any construction to be made of this Agreement, the same shall not be construed against any party hereto. 11. Attorneys ' and Other Fees. Should any party to this Agreement institute any action or proceeding against the other to enforce or interpret this Agreement or any provision hereof, for damages by reason of an alleged breach of this Agreement, or any provision hereto, or for declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all reasonable costs and expenses, including attorneys' and other fees, incurred by the prevailing party in connection with such action or -7- 9414600G.OL1 proceeding. The term "attorneys ' and other fees" shall mean and include attorneys ' fees, accountants ' fees and any similar fees incurred in connection with the action or proceeding in preparations therefor. The term "action or proceeding" shall mean and include actions, proceedings, suits, arbitrations, and other similar proceedings. 12 . Notices. Any notice, demand, request, covenant, approval or other communications to be given by one party to the other shall be in writing and given by personal service, telegram, or express mail, Federal Express, DHL or any other similar form of airborne/overnight delivery services or mailing in the United States mail, postage pre-paid, certified and return receipt requested, addressed to the parties at their respective addresses as follows: If to Agency: San Joaquin Hills Transportation Corridor Agency 201 East Sandpointe, Suite 200 Santa Ana, California 92707 Attn: Chief Engineer If to City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attn: City Manager -8- 9414600G.001 IN WITNESS WHEREOF, Agency and City have caused this Agreement to be executed as of this 26th day of May, 1994 . CITY CITY 0 ! JUAN P STRAND By: eo ca o ug City Manag r Appro d as t form By: i and Denhal er, City Attorney i Attest: By: Attest* By: Jo iso , City Clerk AGENCY SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY By: � '9 � C eit William Woollett, Jr. , Chief Executive Officer AppNsumik as to f m By: Agency Counsel -9- 9414600G.001 EXHIBIT "A" LEGAL DESCRIPTION SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR PARCEL 300117-1 AN EASEMENT FOR SLOPE AND, DRAINAGE PURPOSES OVER, UNDER, AND ACROSS THAT PORTION OF SECTION 25, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN PARCEL 8 AS DELINEATED AND SHADED ON A MAP FILED IN BOOK 7, PAGES 14 THROUGH 29, INCLUSIVE,OF HIGHWAY MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF LOT*B* OF TRACT NO 7671, AS SHOWN BY MAP RECORDED IN BOOK 299, PAGES 47 THROUGH 49, INCLUSIVE, OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID CORNER BEING ON THE EASTERLY LINE OF RANCHO VIEJO ROAD (FORMERLY MARGUERITE PARKWAY AND VARIABLE IN WIDTH) AS DESCRIBED BY DEED RECORDED APRIL 19, 1966 IN BOOK 7905, PAGE 105 THROUGH 107, INCLUSIVE, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH O60 48' 4W WEST A DISTANCE OF 121.75 FEET ALONG SAID EASTERLY LINE OF RANCHO VIEJO ROAD TO A POINT IN A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 2458.00 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID EASTERLY LINE OF RANCHO VIEJO ROAD, NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 790 11' 06' WEST, THROUGH A CENTRAL ANdLE OF 100 09' 14', A DISTANCE OF 435.60 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6658.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 890 20' 20" WEST, THROUGH A CENTRAL ANGLE OF 01 ° 11' 31', A DISTANCE OF 138.51 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6655.25 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING NORTH 880 11. 16" WEST, THROUGH A CENTRAL ANGLE OF 00033' 19% A DISTANCE OF 64.50 FEETTO A POINT OF INTERSECTION WITH THE EASTERLY UNE OF RANCHO VIEJO ROAD, SAID POINT ALSO BEING THE WESTERLY TERMINATION OF THE SOUTHERLY LINE OF PARCEL 3 AS SHOWN BY MAP RECORDED IN BOOK 14, PAGE 48 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM (NAD 831, ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.99995427. DAT I 22ND DAY OF FEBRUARY, 1994. / a Pio. 4200 n JOHN STRAWBRIDGE, P.L.S. 00 'REGISTRATION EXPIRES 6/30/96 E;o. 5/30/96 2s '9T P F ALS EXHIBIT "A" LEGAL DESCRIPTION SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR PARCEL 300117.2 AN EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES OVER, UNDER, AND ACROSS THAT PORTION OF SECTION 25, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO,.000NTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN PARCEL 8 AS DELINEATED AND SHADED ON A MAP FILED IN BOOK 7, PAGES 14 THROUGH 29, INCLUSIVE, OF HIGHWAY MAPS,AND LYING WITHIN TRACT NO. 7671, AS SHOWN ON A MAP RECORDED IN BOOK 299, PAGES 47 THROUGH 49, INCLUSIVE, OF MISCELLANEOUS MAPS, ALL ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF RANCHO VIEJO ROAD (FORMERLY MARGUERITE PARKWAY) (VARIABLE IN WIDTH) AND VILLAGE ROAD (VARIABLE IN WIDTH), SAID POINT OF INTERSECTION BEING ON A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 2000.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 500 21' 360 WEST (SAID RADIAL LINE IS SHOWN ON A MAP OF SAID TRACT NO. 7671 AS HAVING A BEARING OF SOUTH 500 21' 18" WEST); THENCE NORTHERLY ALONG SAID CURVE AND CENTERLINE OF RANCHO VIEJO ROAD THROUGH A CENTRAL ANGLE OF 050 14' 55" AN ARC DISTANCE OF 183.21 FEET; THENCE, SOUTH 560 13' 26" WEST, 21.00 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 2d09.00 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 560 13'27"WEST,THROUGH A CENTRAL ANGLE OF 080 34' 340, A DISTANCE OF 300.71; THENCE NORTH 200 17'46" WEST, 102.51 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1529.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 680 32' 46" WEST, THROUGH A CENTRAL ANGLE OF 040 47' 350, A DISTANCE OF 127.91 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 2529.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 730 20' 20" WEST, THROUGH A CENTRAL ANGLE OF 060 48' 26", A DISTANCE OF 300.47 FEET; THENCE, ON A LINE RADIAL TO LAST SAID CURVE, NORTH 800 08' 46" EAST A DISTANCE OF 2.33 FEET TO A POINT IN A NON- TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 2526.67 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 800 08' 46" WEST, THROUGH A CENTRAL ANGLE OF 090 11' 34", A DISTANCE OF 405.39 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6726.67 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 890 20' 20" WEST, THROUGH A CENTRAL ANGLE OF 010 11' 31", A DISTANCE OF 139.94 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6729.42 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 890 15' 48" WEST, THROUGH A CENTRAL ANGLE OF 020 07' 01 A DISTANCE OF 248.64 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6732.17 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING NORTH 870 21. 09" WEST, THROUGH A CENTRAL ANGLE OF 010 32' 21", A DISTANCE OF 180.85 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6729.42 FEET: THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING NORTH 840 32' 46" WEST, THROUGH A CENTRAL ANGLE OF 010 24' 26", A DISTANCE OF 165.28 FEET TO THE EASTERLY LINE OF THE HEREINABOVE MENTIONED PARCEL 8. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE NORTHWEST CORNER OF LOT'B' OF TRACT NO 7671, AS SHOWN BY MAP RECORDED IN BOOK 299, PAGES 47 THROUGH 49, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID CORNER BEING ON THE EASTERLY LINE OF RANCHO VIEJO ROAD (FORMERLY MARGUERITE PARKWAY AND VARIABLE IN WIDTH) AS DESCRIBED BY DEED RECORDED APRIL 19, 1966 IN BOOK 7905, PAGE 105 THROUGH 107, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 060 48' 48*WEST A DISTANCE OF 121.75 FEET ALONG SAID EASTERLY LINE OF RANCHO VIEJO ROAD TO A POINT IN A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 2458.00 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID EASTERLY LINE OF RANCHO VIEJO ROAD, NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 790 11' 06' WEST, THROUGH A CENTRAL ANGLE OF 100 09' 140, A DISTANCE OF 435.60 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6658.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 890 20' 20' WEST, THROUGH A CENTRAL ANGLE OF 010 11' 31 A DISTANCE OF 138.51 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6655.25 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING NORTH 880 11' 16' WEST, THROUGH A CENTRAL ANGLE OF 00033' 190, A DISTANCE OF 64.50 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF RANCHO VIEJO ROAD,SAID POINT ALSO BEING THE WESTERLY TERMINATION OF THE SOUTHERLY UNE OF PARCEL 3 ,4S SHOWN BY MAP RECORDED IN BOOK 14, PAGE 48 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM (NAD 83), ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.99995427. DATED T 2ND Y OF FEBRUARY, 1994. \ L ANO STRA 0. No. 4200 D JO STRAWBRIDGE, P.L.S. 200 R GISTRATION EXPIRES 6/30196 d3w2o 2s 9T P P A`\ 2 EXHIBIT "A" LEGAL DESCRIPTION SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR PARCEL 300117-3 AN EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES OVER, UNDER, AND ACROSS THAT PORTION OF SECTION 25, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN PARCEL 1 AS DELINEATED AND SHADED ON A MAP FILED IN BOOK 7, PAGES 1 AND 2, OF HIGHWAY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED BY DEED RECORDED FEBRUARY 1, 1983, AS INSTRUMENT NO, 83-50140, OF OFFICIAL RECORDS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE, ALONG THE MOST NORTHERLY NORTHWEST LINE OF SAID DEED, SOUTH 300 27' 13" EAST, A DISTANCE OF 5.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 000 42' 21" WEST, A DISTANCE OF 199.98 FEET TO THE BEGINNING OF A TANGENT CURVE,CONCAVE WESTERLY AND HAVING A RADIUS OF 2613.50 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 010 23' 220, A DISTANCE OF 63.38 FEET TO THE WESTERLY LINE OF SAID DEED, SAID LINE BEARS SOUTH 29° 03' 59" WEST, A DISTANCE OF 235.63 FEET, AS SHOWN BY SAID HIGHWAY MAP. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM (NAD 83), ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.99995427. DATED THIS 2NO DA OF FEBRUARY, 1994. \ � �� cp• 5 STEW si a No. 4200 D HN STRAWBRIDGE, P.L.S. 4260 REGISTRATION EXPIRES 6130196 �� Exp. 6/3W96 23 9T Q F ALS EXHIBIT "A' LEGAL DESCRIPTION SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR PARCEL 3001174 AN EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES OVER, UNDER, AND ACROSS THAT PORTION OF SECTION 25, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN PARCEL 1 AS DELINEATED AND SHADED ON A MAP FILED IN BOOK 7, PAGES 1 AND 2, OF HIGHWAY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED BY DEED RECORDED FEBRUARY 1, 1983, AS'INSTRUMENT NO. 83-50140 OF OFFICIAL RECORDS, SAID CORNER ALSO BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN THE EASTERLY LINE OF SAID PARCEL 1 HAVING A BEARING AND LENGTH OF SOUTH 110 47' 00" WEST, 625.00 FEET, ALL IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE, ALONG THE EASTERLY LINE OF SAID PARCEL 1, NORTH 110 47' 00' EAST, 13.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 000 42' 21' EAST, 203.76 FEET; THENCE SOUTH 89°17'39' EAST, 1.00 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 1535.50 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE FROM AN INITIAL RADIAL LINE BEARING NORTH 89017'39' WEST, THROUGH4A CENTRAL ANGLE OF-070 59' 10%AN ARC DISTANCE OF 214.02 FEET TO A POINT OF TERMINUS IN THE WESTERLY LINE OF SAID PARCEL 1. EXCEPTING THEREFROM THE FOLLOWING: THAT PORTION LYING WITHIN THE CITY LIMITS OF MISSION VIEJO, SAID CITY LIMIT BEING THE NORTHWESTERLY PROLONGATION OF THE CENTERLINE OF VIA ESCOLAR. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM (NAD 83), ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT.TO OBTAIN GROUND DISTANCES;DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.99995427. DATED-QS 22N AY OF FEBRUARY, 1994. ` L.cl STRAW L°NO r" OL No. 4200 a ]BAN STRA IDLE, P.L.S. 49DO * *. EGISTRATION EXPIRES 6/30/96 5,0. ei�a9e g '9j. P2 EXHIBIT "A" LEGAL DESCRIPTION SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR PARCEL 300117-5 A TEMPORARY CONSTRUCTION EASEMENT OVER THAT PORTION OF SECTION 25, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN THAT PORTION OF PARCEL 8 AS DELINEATED AND SHADED ON A' MAP IN BOOK 7, PAGES 14'THROUGH 29, INCLUSIVE, OF HIGHWAY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN RANCHO VIEJO ROAD(FORMERLY MARGUERITE PARKWAY,AND VARIABLE IN WIDTH),AND LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT TFJE CENTERLINE INTERSECTION OF SAID RANCHO VIEJO ROAD AND VILLAGE ROAD, SAID POINT OF INTERSECTION BEING ON A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 2000.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 500 21' 36" WEST, THENCE NORTHERLY ALONG SAID CURVE AND CENTERLINE OF RANCHO VIEJO ROAD THROUGH A CENTRAL ANGLE OF 050 14' 55"AN ARC DISTANCE OF 163.21 FEET; THENCE SOUTH 560 13' 26" WEST A DISTANCE OF 17.34 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2005.25 FEET, SAID BEGINNING OF CURVE ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 560 07' 160 WEST,THROUGH A CENTRAL ANGLE OF 120 53' 270,A DATANCE OF 451.16 FEET TO A POINT OF TERMINATION IN THE WESTERLY LINE OF SAID RANCHO VIEJO ROAD. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM (NAD 83), ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.99995427. DATED THI DAY FEBRUARY, 1994. \ L LAS 5 sra+w c No. 4200 n JO,HKSTRAWBATOGE. P.L.S. 42M7t GISTRATION EXPIRES 6/30/98 D� ro. vaase 3 1 EXHIBIT "A" LEGAL DESCRIPTION SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR PARCEL 300117.6 A TEMPORARY CONSTRUCTION EASEMENT OVER THAT PORTION OF SECTION 25, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN THOSE PORTIONS OF PARCELS 7 AND 8 AS DELINEATED AND SHADED ON A MAP IN BOOK 7, PAGES 14 THROUGH 29, INCLUSIVE, OF HIGHWAY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN RANCHO VIEJO ROAD(FORMERLY MARGUERITE PARKWAY,AND VARIABLE IN WIDTH), AND LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF SAID RANCHO VIEJO ROAD AND VILLAGE ROAD, SAID POINT OF INTERSECTION BEING ON A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 2000.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 500 21' 36' WEST; THENCE NORTHERLY ALONG SAID CURVE AND CENTERLINE OF RANCHO VIEJO ROAD THROUGH A CENTRAL ANGLE OF 050 14' 55*AN ARC DISTANCE OF 183.21 FEET; THENCE SOUTH 560 13' 26' WEST A DISTANCE OF 17.34 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2005.25 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 560 07' IS' WEST, THROUGH A CENTRAL ANGLE OF 120 53' 27', A DISTANCE OF 451.16 FEET TO A POINT IN-THE WESTERLY LINE OF SAID RANCHO VIEJO�OAD, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2021.00 FEET:THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY LINE OF RANCHO VIEJO ROAD FROM AN INITIAL RADIAL LINE BEARING SOUTH 42048'46' WEST THROUGH A CENTRAL ANGLE OF 01036'46' AN ARC DISTANCE OF 56.89 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, SOUTH 480 48' 00* EAST, 469.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE,LEAVING SAID WESTERLY LINE,SOUTH 490 47'53'EAST,222.76 FEET; THENCE SOUTH 490 31'.27' EAST, 56.93 FEET: THENCE SOUTH 500 12' 41' EAST, 37,68 FEET; THENCE SOUTH 500 27'51' EAST, 50.00 FEET; THENCE SOUTH 500 27' 34" EAST 13.51 FEET; THENCE SOUTH 390 32' 26" WEST, 4.23 FEET TO A POINT OF TERMINATION IN SAID WESTERLY LINE. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID, BASED ON THE CALIFORNIA COORDINATE-SYSTEM (NAD 831, ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT. TO OBTAIN GROUND.DISTANCES, DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.99995427. ' DATED T 2ND D OF FEBRUARY, 1994. ` L lam TPAW G No 4200 y JO STRAWS IDLE, P.L.S. 9200 RE ISTRATION EXPIRES 6/30196 s� 6=0. 6/30/96 S y� Q? R qL\ EXHIBIT "A" LEGAL DESCRIPTION SAN JOAQUIN'HILLS TRANSPORTATION CORRIDOR PARCEL 300117-7 A TEMPORARY CONSTRUCTION EASEMENT OVER THAT PORTION OF FRACTIONAL SECTION 24, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN RANCHO VIEJO ROAD (FORMERLY MARGUERITE PARKWAY,AND VARIABLE IN WIDTH),AND LYING WITHIN VIA ESCOLAR (HAVING A SOUTHWESTERLY HALF-WIDTH OF 37.00 FEET), MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE SOUTHWESTERLY CORNER OFTHAT CERTAIN PARCEL OF LAND AS DESCRIBED BY DEED RECORDED,IANUARY 2, 1985,AS INSTRUMENT NO. 85-000341 OF OFFICIAL RECORDS, SAID CORNER ALSO BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN THE EASTERLY LINE OF PARCEL 1 AS DELINEATED AND SHADED ON A MAP FILED IN BOOK 7, PAGES 1 AND 2 OF STATE HIGHWAY MAPS, ALL IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE, ALONG THE EASTERLY LINE OF SAID PARCEL 1, SAID EASTERLY LINE ALSO BEING THE WESTERLY LINE OF SAID INSTRUMENT NO. 85-000341, NORTH 110 47' 00- EAST, 274.70 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF SAID VIA ESCOLAR: THENCE, ALONG SAID CENTERLINE SOUTH 520 57' 06' EAST; 115.66 FEET; THENCE SOUTH 37" 02' 54' WEST, 37.00 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID VIA ESCOLAR; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, NORTH 520 57' 06% W$T, 40.45 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 31.00 FEET; THENCE NORTHWESTERLY, WESTERLY, AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 1060 33' 31 0, AN ARC DISTANCE OF 57.65 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID INSTRUMENT NO. 85-000341; THENCE SOUTH 120 03' 01- WEST, 184.37 FEET ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE OF SAID INSTRUMENT NO.95-000341; THENCE NORTH 890 04' 20*WEST, 7.62 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM (NAD 83),. ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT. TO OBTAIN GROUND DISTANCES;DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.99995427. DATED T 2 DAY EBRUARY, 1994. L LAN, rw. a2oa n TOWN STRAWWA6GE, P.L.S. 42 REGISTRATION EXPIRES 6130196 s,o. W 3019 2�c �r OF q���P RESOLUTTON NO. 94-3-15-1 ACC VFTALVCZ OF DRAFT R♦NCHO VTF XO RA M CONC PTP •N A RESOLUTION OF THE C17Y COUNCIL OF THE CITY OF SAN JUAY CAPISTRANO. CALIFORNIA. ACCEPTING THE DRAFT RANCHO VIEJO ROAD CONCEPT PLAN(AUGUST. 1993)PREPARED PURSUANT TO VISUAL RESOURCES MITIGATION MEASURE I5-26 OF THE FrNAL ENVIRONMENTAL IMPACT REPORT FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR WHIREA&the Trampotntion Comdor Agency CAgemy)is it joint?ower agency Weaned to design end construct several regional highway corridors including the San Joaquin Hills Transporration Corridor,and. WHEREAS,an Match id, 1991.the Agency eartifted the Final Enviromnental Impact Report for the San Joaquin Hills Transportation Corridor including a Mitigation Monitoring Program which included visual Resources Mitigation Mestere 13.26,Rmcbo Viejo Road-,and, WRXRLA& Visual Resources Mitiguioa Magnet 13-26, Rancho Visjoload. requires that ate Agency prepare a Concept Fin for Rancho Viejo Road In a cooperative eIIbre with the City to addrass tate various eavitoneaeaal eQecte and design isnese related to this project and that the Coseeps Plan be subject to City and Agency etccpance;and, s WIFIZA AA the Agency hes reviewed On Project Pursuant so Section 13133 of rbe Cilifumia Environmental Quality Act(CEQA)and determined that potentially agodkiatt eavirom gal impew of the Concept Pian have bem adiTanty disclosed ad mitigated as part of the Proal Pav9rousmmor Imp=Repon for the Sea IoWm Hills Tnmporradon CocTldor gad bee otherwise oumpliW wilt ag applicable provisions of the Callfbrata Eavtronmental Quality Act;gad W MRswa, the EaviroRnseOW Review Dcetd ceosidwW rhe stabjeet project a atdr August 24, 1993.meeting end,aft etmauive ptsblree eommaar,approved a motion recommending aeeaptmce of the Concept'Plan subject to revisions outlined In W111 in HubWs July 29, 1993,bear to Gene Pam. Based upon the restrictions of Public Anotacas Coda Setting 2116TJ,tell Rnvltasmoml Regew eeaa=11CIE ad with the Agaent)rS eavitoamemal detenrimatim and forwarded dw project to tee Padre and Ra ctettion Comnemioa Egaerarisa Commiuior4 Taffle end Truuportanioa Commiuic a,Plaaaieg Commission mad City Council;roti, WHEWL48, Ow Traff3e and TnRepRsntiod Cammbtioa eomideeed the subject project at their September S. 1993,meeting and,aft public cog eeza,app oved a motiea satoom lending acceptance of be Concept Plan subject to cenaln nvWoRs;and, WJHSltliA4 of Pais and Rdavat" CRmmasioe-eomidesed tee sul"a F0jea at their Septamber,l3, 1993,anrirmg an,,sftfrpnblk comment approved a porins eecommetrdingof the Concept Plan subject b tee Agency pansiag the Aheraadve A allgtlment for the Spooed Hull equestrian feeder trail and that the Agency acQuin stamens deep and construct that fade nail;gad. tee ftea g Commission coodt wel s dory-noticed pubUs meeting on September 2>L E 993. pw umt In City Cotard purity,ao tdmlda:ptlerlo aaimaey oar tee proposed peejess sad approved a motion recommending mcepnmp of tea Drag Rancho Vigo Road Concept Men(AugVK 1993)subject te conditions and forwarded its reeemmead>sia to Cay CoNrA.and a se 11019 at CRY Cou ose Conducted a duty-notlad pablk meeting c s October 19, 1993. to consider tessimotty as the proposed Oral!Rancho Viejo Rood Concept Plan(Aogust, 1993)and def vd any Nrtha adios Vaal she feaibility of proposed Alternative Alignmea 3 veal surd*ager g� T 11HY co �4 14.DO P.2 -REALIGNMENT OF RANCHO VIEJO ROAD -IMPROVEMENT REQUIREMENTS 1. Landscaping The Landscape Plans (Concept), dated April 18, 1994, submitted to the City and prepared by Nuvis Landscape Architecture shall be revised to comply with the City's Street Tree Master Plan specification for California Sycamores,indicating planting at a twenty-five-foot(25')on center planting schedule. "they shall be revised to provide spacing of the coyote brush and Hall's honeysuckle groundcover at 10 to 12 inches on center. The landscape plans shall include an evergreen ivy along the west side of the soundwall above Rancho Viejo Road with plantings at 3 to 5 feet on center. The plan shall include plantings on the west side of Rancho Viejo Road, from Trabuco Creek to the northerly terminus of the soundwall adjacent to Interstate 5. Said plantings shall include street trees (California Sycamore), groundcover of coyote brush and Hall's honeysuckle and an evergreen climbing ivy for the retaining/soundwall, with spacing requirements as noted above, consistent with the visual exhibits prepared and submitted by the Agency as part of their Rancho Viejo Road Concept Plan. Prior to the completion of the final landscape pians, the Agency shall retain a professional arborist to evaluate the 113 existing trees designated for removal and provide recommendations on their potential for relocation to an alternate site within the realigned Rancho Viejo Road segment. A copy of the report shall be submitted to the City. Upon review of the report recommendations the Agency and City staff are to determine what trees should be relocated. The Agency agrees to install the landscape plantings on the east side of realigned Rancho Viejo Road within three(3)months of the completion of grading. The Agency agrees to install the landscape plantings adjacent to the retaining/soundwall on the west side of Rancho Viejo Road immediately upon completion of its construction. Landscaping should be included in the downslope area adjacent to the proposed equestrian trail leading into the Spotted Bull neighborhood. The California live oak trees proposed in the upper slope area should be clustered and thinned out at the edges to transition with the trees on the adjacent properties_ MHT ct 74 14::)y a,3 REALIGNMENT OF RANCHO VIEJO ROAD-IMPROVEMENT REQUIREMENTS Page 2 The Rosebud trees should be deleted and substituted with Toyox shrubs. The shrubs should be planted in a random pattern in the upper slope area. The Interstate-5 (Caltrans) slope, on the west side of Rancho Viejo Road, should include plantings to blend the proposed landscape material with the plant palette for the east side of Rancho Viejo Road. Permanent irrigation shall be installed for the area within the right-of-way and the transitional planting zone along the lower thirty feet(39)of the graded slopes. Said irrigation system shall be designed consistent with the City's adopted Design Standards. The final irrigation plans shall be reviewed by the Director of Public Lands and Facilities for a determination of compliance with said standards. Temporary irrigation shall be installed for the upper slope planting areas for a minimum period of two (2) years' duration. The Agency or its contractor shall maintain all landscaping referenced above during the period of construction of the Corridor confluence and Rancho Viejo Rokad for a period estimated at 1 1/2 to 2 years. Said landscaping within Rancho Viejo Road rights-of-way shall be turned over to the City for maintenance. However,prior to this occurrence,the Agency/contractor shall field review the landscaping and irrigation and provide any replacement or repairs necessary in conformity to the final approved construction documents. 2. Grading The grading plans submitted to the City, dated April 18, 1994, prepared for the California Corridor Constructors by Parson de Leuw, Inc., shall be revised to incorporate the following changes: The maximum width of all beaches required for manufactured slopes greater than thirty-feet(30') in height are not to exceed ten-feet(IV)in width. Sheet X-6 drainage details shall be revised to be consistent with City Design Standards(Sub- section 9-4.112(b)(1) of the Municipal Code. The surface drainage channels shall be used to convey water off the slopes. Said channels shall be constructed with an earthtone-colored concrete which approximates the color of proposed landscape plantings. The plans are to be revised to provide contour grading and slope rounding adjoining the drainage channels at the outer edges of manufactured slopes. P11y7 Gb '74 14 77 P.4 REALIGNMENT OF RANCHO VIEJO ROAD-IMPROVEMENT REQUIREMENTS Page 3 The plans are to be revised to indicate that proposed drainage facilities will not convey water from a tributary area greater than 13,500 square feet. The plans shall be revised to incorporate a minimum twenty-five-foot(25')radius slope rounding to blend manufactured slopes with existing contours. The plans shall be revised to incorporate horizontal curves with a maximum 300-foot radius for all slopes having more than a 100-foot horizontal length. All geotechnical reports prepared during construction shall be submitted to the City for information. Between October 15 and April 15 of each year, suitable erosion control shall be placed and maintained for all barren or newly-planted slopes within the project limits. Said plans shall be submitted to the City and reviewed for conformance with the above conditions by the Director of Engineering and Building Services and the Director of Planning prior to the initiation of any construction activity related to the realignment of Rancho Viejo Road. 3. Roadway Desian The design for the roadway shall include the realignment of Rancho Viejo Road from Village Road on the south to Via Escolar on the north. The existing pavement shall be widened from two lanes to four lanes throughout the entire length. The roadway width can vary between 72 and 83 feet by deleting the 11-foot painted median along streets not requiring a left-tum pocket. Based on the roadway's category and proposed design,a 1:45 taper is satisfactory. Intersection locations are Spotted Bull Lane, Highland Way and access to TPM 89-435 (RESCO). The west parkway(with 2 percent crossfall ) shall be no less than three (3) feet wide from curb face, the east parkway shall be no less than sixteen(16) feet wide(10-foot,two-way bike trail, four feet from curb face and two feet from right-of-way line). Lane widths shall be twelve (12) feet for number one lane and fourteen (14) feet for number two lane. At the intersections, curb return radii shall be no less than twenty-five(25) feet for Spotted Bull Lane and thirty-five(35) feet for all others. Curb-to-curb width for Spotted Bull Lane shall be thirty-six (36) feet; for Highland Way forty-six (46) feet; for TPM 89-435 (Resco) at station 38+40,thirty-six(36)feet and at station 43+40,forty-six(46)feet.The roadway will be designed for a 50-mph speed. The plans shall conform to the preliminary plans submitted to the City for review dated October 11, 1993. MNY Gb '74 15.00 REALIGNMENT OF RANCHO VIEJO ROAD- IMPROVEMENT REQUIREMENTS Page 4 4. Ville Road Signal The existing wood pole, span wire signal at Village Road and Rancho Viejo Road will be upgraded to include replacement of the wood poles with metal poles and removal and replacement of the span wire signal heads with new heads mounted on the signal poles. All work appurtenant and necessary to the installation will be accomplished by the TCA. Work will also include all necessary intersection restriping to accommodate the signal work. 5. Bicycle Lane Facilities A Class I bicycle facility will be constructed along the eastern edge of Rancho Viejo Road between Village Road and Via Escolar. The bicycle lane shall consist of a four-foot buffer between the curb and bicycle trail, a ten-foot asphalt paved trail and two-foot separation to the right-of-way. The trail shall include striping and signage in conformity to the standards of the City of San Juan Capistrano. The design shall be consistent with the preliminary design plans submitted to the City on October 11, 1993. 6. F4uestrian Trail Facilities The City General Plan calls for an equestrian trail that links the Village San Juan area with the Spotted Bull area. A 10-foot trail is to be constructed along the easterly side of Rancho Viejo Road east of the Bicycle Trail. The trail will roughly parallel Rancho Viejo Road to about station 13+45,where it will tum northeasterly through the parcel owned by Schindler(AP#650- 02-22) and connect to Spotted Bull Way. A portion of the trail between stations 10+00 and 13+45 shall be joint use with the bicycle trail on Rancho Viejo Road. The trail will be constructed of a suitable riding surface, fenced on both sides,have appropriate signage and shall be designed in conformance to the City's adopted equestrian trail design standards. The alignment and design shall be consistent with the preliminary design plans submitted to the City on October 11, 1993. An easement for alignment "A" shall be acquired and created to the benefit of the City of San Juan Capistrano,with the legal instrument establishing the easement showing the City as sole beneficiary. Said easement will be transferred in a form acceptable to the City and recorded prior to the Agency's notice of completion on the project. The City will acquire the appropriate environmental clearance for the Master Plan Equestrian Trail acquisition described in the Concept Plan prior to the right-of-way acquisition by TCA for the trail. MAY 26 '94 15:06 p,5 REALIGNMENT OF RANCHO VIEJO ROAD- IMPROVEMENT REQUIREMENTS Page S 7. Soundwalls Two soundwalls are proposed as part of the realignment of Rancho Viejo Road. The first is a 14-foot-high wall in front of the Village San Juan residential community from stations 618+60 to 639+10. Landscaping along this wall on both the Rancho Viejo Road and Freeway side shall be in conformance to Item I of these conditions. The second is a nine-foot wall located at the top of slope of the Spotted Bull residential area between stations 642+50 to 648+00. In addition, the wall will be extended south and eastward to provide added sound mitigation. This extension shall be in conformance to the design submitted to the City on the preliminary plans dated October 11, 1993. The wall material and texture shall be consistent with the recommendations of the City's Soundwall Ad-Hoc Committee, whose guidelines are currently being developed. 8. Construction Impacts Construction shall be accomplished in such a manner as to cause the least disruption as possible to residents,motorists and pedestrian traffic on Rancho Viejo Road. To facilitate construction, the project shall be constructed in two phases. Phase I will consist of the construction of the realigned portion of the roadway east of the existing roadway. During this phase the existing roadway will be used for traffic and shall consist of two traveled lanes, one in each direction. Phase 2 will move the traffic onto the realigned portion of roadway and permit removal of the existing alignment and completion of the full-width pavement. During Phase 2, a minimum of two lanes of traffic, one lane in each direction, shall be maintained at all times. Certain construction operations may warrant the temporary reduction of travelled lanes to one lane. Under such restrictions, flagmen shall be provided to adequately move traffic. The contractor shall adhere to the City's code requirements for times and days of construction. During construction all utility services to the community shall be maintained. The contractor shall submit, to the City staff for review, a Traffic Management Plan(TMP) that adequately describes the handling of pedestrians, especially school children, at both private and public schools. 9. Light and Clare All lighting on Rancho Viejo Road shall be as shown on the preliminary plans submitted to the City on October 11, 1993. Appropriate glare shields will be installed with the lightning on Rancho Viejo Road and the Corridor to minimize its intrusion in the surrounding residential areas. hi ab"J4 lZ:,:bl p.7 REALIGNMENT OF RANCHO VIEJO ROAD-IMPROVEMENT REQUIREMENTS Page 6 10. 1-5 Freeway Improvements The Agency will support the City and work cooperatively with Caltrans to implement landscaping along the retaining walls on I-5. The retaining walls should incorporate variety with respect to design, texture and color. The Agency will support the City and work cooperatively with Caltrans to implement installation of landscaping in the confluence median. The Agency will support the City and work cooperatively with Caltrans to implement an agreement transferring the landscape maintenance authority for portions of the confluence to the City. The Agency or Caltrans would be responsible for funding the maintenance, the g sp S City would establish the maintenance standards and contract for the maintenance of such areas. 11. Ri t-of-Way The City will accept the right-of-way outside the corridor from TCA when the improvements are completed for City maintenance and operation of this local arterial highway. 12. City Review The City will review the plans and construction in accordance with the procedures described in the Design/Build Manual. 13. Disclaimer The City will file a"disclaimer" and not contest the right-of-way condemnation. 1 RICHARD K. DENHALTER (BAR NO. 68824) CITY ATTORNEY 2 CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto 3 San Juan Capistrano,-Califomia 92675 Telephone: (714) 443-6312 4 Facsimile: (714) 493-1053 5 Attorney for City of San Juan Capistrano 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF ORANGE 10 11 SAN JOAQUIN HILLS ) CASE NO. 12 TRANSPORTATION CORRIDOR ) 13 AGENCY, a California joint powers agency, ) Assigned to: Hon. 14 Plaintiff, ) Dept: 15 V ) ) 16 CITY OF SAN JUAN CAPISTRANO ) 17 ) Defendant. ) 18 ) 19 ) 20 ) 21 22 23 24 Pursuant to Section 1250.325 of the Code of Civil Procedure, the City of San Juar 25 Capistrano, a municipal corporation, defendant in the above-entitled proceeding, hereby 26 disclaims any interest in the property described in plaintiffs complaint. Defendant further 27 disclaims any interest in the compensation that may be awarded in the above-entitled proceeding 28 1 Defendant understands that it has no right to participate in further proceedings or 2 to share in the compensation awarded after filing this disclaimer. 3 DATED: CITY OF SAN JUAN CAPISTRANO, 4 a municipal corporation 5 By: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 904600E.00 - 2 "-� CLOSED SESSION Council recessed to a Closed Session at 8:55 p.m. for: L Conference with Real Property Negotiator per Government Code Section 54956.8 for prop", located at Jumpero Serra Road at Camino Capistrano. with negotiating party Pearl Williams Estate.to consider price and terms of payment. The City Attorney advised there was no action to report. '_. Conference with Legal Counsel.Existing Litigation.per Government Code Section 54956.9 for the case known as Save Our San Juan v. Citv of San Juan Capistrano. The Citv Attornev read the following announcement: "In reviewing two separate legal activities in Closed Session.the Citv Council has taken the tollowing actions with regard to anticipated litigation pursuant to Government Code Section 54956.9(c) BACKGROUND The Transportation Corridor Agencv has notified the City of its intention to file a proceeding in eminent domain to acquire portions of Rancho Viejo Road and related properties. Steps have been taken by TCA to appraise such property and a notice of appraisal has been received by the City. The Citv is informed and believes that such action anticipated the filing and service of the case known as Save Our San Jur v. City of San Juan a>,+ trano ettAL which has now occurred. Over the past months the City and its representatives to the TCA have negotiated with great effort to persuade the TCA to make many improvements and mitigations on that portion of the proposed San Joaquin Toll Road Project that intersects the City. Identified in this process have been major concessions to the City with regard to landscaping,irrigation.grading,drainage,erosion control.roadway design,intersection signals, bicvcle lanes, equestrian trails,soundwalls,light and glare shielding,freeway improvements and construction scheduling to avoid local disruption. It is estimated that the value to the City of these concessions by TCA is approximately two and one-half million dollars. Earlier communications from TCA indicated that if eminent domain became necessarv. all funding earmarked toward these improvements would be redirected to pay for the legal costs and would otherwise be lost to the City. After the filing of the SOS lawsuit, the City again approached TCA in an effort to salvage these hard-won concessions. TCA has recently agreed in good faith to negotiate settlement of the eminent domain process in a manner that will preserve the improvements and mitigations requested by the City. and has offered such an agreement to the City. Tonight in closed session, the Council authorized the City Manager to execute the final form of the pre- condemnation settlement agreement. The vote was: AYES: Jones NOES: Vasquez. ABSENT: ABSTAINING: Himsdorfer Campbell Nash" 3. Conference with Legal Counsel. Anticipated Litigation. per Government Code Section 54956.9(c), for the initiation of litigation in two cases. The action taken in Closed Session on the first case was the same as in Item 2 above. No action was taken on the second case. Ciry Council Minutes -13- 5717194 4 , • r SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE (the "Agreement") is entered into as of this 26th day of May, 1994 , by and between the City of San Juan Capistrano, a California municipal corporation ("City♦') and the San Joaquin Hills Transportation Corridor Agency, a California joint powers agency ("Agency") . RECITALS A. Agency was created to cause the construction of an extension to the Corona del Mar Freeway ("Route 7311) in Orange County, California, commonly referred to as the San Joaquin Hills Transportation Corridor (the "Corridor") . B. Planned improvements at the south terminus of the Corridor require the acquisition of certain Corridor right-of-way within existing Rancho Viejo Road and relocation of Rancho Viejo Road within the City. The Corridor right-of-way within existing Rancho Viejo Road necessary for Corridor Construction, and the property owned by City that is necessary to relocate existing Rancho Viejo Road, is hereinafter the "Rancho Viejo Road Right- of-Way. " The Rancho Viejo Road Right-of-Way is more particularly described substantially as set forth in Exhibit "A" hereto and incorporated herein. C. Agency adopted Mitigation Measure 15-26 in its TCA EIR No. 1 approved on March 14, 1991 providing for the development of a concept plan for the relocation of Rancho Viejo Road. D. Agency and City wish to enter into this Agreement to completely resolve, settle and release each other regarding all disputes between Agency and City with regard to: (i) the extent of the City's regulatory authority over the Agency and the Corridor; (ii) the value of the exchange of the Rancho Viejo Road Right-of-Way; and (iii) the Agency' s authority to take the Rancho Viejo Road Right-of-Way by exercise of its power of eminent domain and to resolve all obligations between them except as set forth below. NOW THEREFORE, in consideration of the above and the covenants set forth below, it is agreed as follows: 1. Implementation of Concept Plan. Agency and City agree to perform each of their respective obligations set forth in the draft Rancho Viejo Road Concept Plan approved by the City by its adoption of Resolution No. 94-3-15-1, a copy of which is attached hereto as Exhibit "B, " as more particularly described in that certain document entitled "Realignment of Rancho Viejo Road Improvement Requirements, " a copy of which is attached hereto as Exhibit "C" and incorporated herein (the "Improvement Requirements") , and to work cooperatively with one another and with Caltrans in promptly completing review of required submittals and working to achieve necessary approvals for the improvements identified in the Improvement Requirements. 2 . Additional Obligations. In addition to performance of their obligations described in the Improvement Requirements, Agency and City agree as follows: -2- 9414600G.001 a. Upon filing of a notice of completion of the Corridor improvements and relocation of Rancho Viejo Road, Agency shall convey to City, and City shall accept, title to the right- of-way of relocated Rancho Viejo Road, and shall assume full responsibility for maintenance and operation of Rancho Viejo Road as a local arterial highway. City shall review and approve of documents necessary to effectuate this conveyance, including but not limited to a legal description of the property to be transferred from Agency to City, promptly upon availability of the same. Agency shall transfer the right-of-way of relocated Rancho Viejo Road to City free and clear of any and all encumbrances, except as approved by the City. b. City shall promptly review all plans for the Improvement Requirements improvements, and construction thereof, in accordance with the procedures described in the Design/Build Manual for the Corridor. C. Item 6 of the Improvement Requirements requires Agency to obtain an easement for an equestrian trail linking the Village San Juan Area with the Spotted Bull Area. Agency shall deliver to City notice with regard to the date upon which Agency needs to acquire such easement in order to construct the trail and meet Agency' s construction schedule. City shall acquire all appropriate environmental clearances for the equestrian trail in sufficient time so as to enable the Agency to meet its construction schedule. Agency shall provide reasonably necessary assistance to City in obtaining such environmental clearance, and City shall provide such assistance to Agency as is -3- 9414600G.001 reasonably required in order to enable Agency to acquire title to the equestrian trail easement, construct the equestrian trail and transfer title thereof to City. d. The Obligations identified in the Improvement Requirements, and the further obligations described in this paragraph 2 , are hereinafter referred to as the "Improvement Requirements. " 3 . Acquisition of Rancho Vieio Road Right-of-Way by Agency. The following shall be conditions precedent to the Agency 's performance of its Improvement Requirements. a. Agency shall schedule a hearing on a Resolution of Necessity with regard to the acquisition of the Rancho Viejo Road Right-of-Way on June 9, 1994 . b. Upon adoption of such resolution, Agency shall file a condemnation action with respect to the Rancho Viejo Road Right-of-Way, naming City as a defendant therein, within two weeks after adoption of the Resolution of Necessity. C. City agrees that Agency's service of the summons, complaint, pleadings, orders and other documents in the condemnation action on the City shall be deemed complete upon Agency' s delivery of such documents to the City Attorney's office at any time during regular business hours. So long as such delivery occurs, the City shall waive any objection based on improper service. -4- 9414600G.0C1 d. City agrees to file a disclaimer of any interest in the Rancho Viejo Right-of-Way, pursuant to Code of Civil Procedure Section 1250. 325, substantially in the form attached hereto as Exhibit "D, " within five days of Agency' s service of the summons and complaint in the condemnation action. City agrees not to oppose or interfere in any way with the Agency' s application to the court for an order of immediate possession of the Rancho Viejo Road Right-of-Way, and to cooperate in transfer of possession pursuant to such order. e. The parties agree to cooperate as necessary: (i) in promptly executing a proper stipulation for judgment in the condemnation action for transfer of the City's interest in the Rancho Viejo Road Right-of-Way to Agency; (ii) in assisting one another in achieving prompt entry of such a binding, final judgment; and (iii) in refraining from any challenge to such judgment on appeal or otherwise. f. Each of the parties shall take any other actions as are necessary to enable Agency to obtain a judgment by the court transferring title to the Rancho Viejo Road Right-of- Way to Agency. 4 . Release. City hereby releases and forever discharges Agency and each of its officers, directors, employees, agents, representatives, contractors and all persons acting by, through, under or in concert with them, or with any of them, of, from and against any and all further claims, demands, causes of action, obligations, agreements, costs, expenses (including but not limited to attorneys ' fees) and damages, of whatever kind or -5- 9046000.00 nature, with regard to the Scope of the Agency' s Improvement Requirements, and no further obligations shall be imposed by City with regard to the transaction contemplated hereby. 5 . Integration. This Agreement contains the entire agreement and understanding of the parties concerning the Improvement Requirementsto be performed by Agency as a condition to acquisition of the Rancho Viejo Road Right-of-Way by Agency, and the transfer of title to the Rancho Viejo Road Right-of-Way to Agency, and supersedes and replaces all prior negotiations, proposed agreements, and agreements, whether written or oral, express of implied, of any type whatsoever. City acknowledges that neither Agency nor any agent nor attorney of Agency has made any promise, representation, or warranty whatsoever, express or implied, not set forth in this Agreement, to induce City to execute this Agreement, and City acknowledges and warrants that this Agreement is not being executed by City in reliance on any promise, representation, or warranty not contained herein. 6 . No Admission. This Agreement is not deemed to be and shall not be construed as an admission, expression, or acknowledgment by any of the parties of the validity of any fact, legal principle claim, allegation or liability with regard to any person or entity. In particular, this Agreement shall not be deemed to be an admission, expression or acknowledgment by Agency of any authority of City to prevent Agency's acquisition of the Rancho Viejo Road Right-of-Way or the City's regulatory authority to require Agency to perform the Improvement Requirements, other than is provided for by this Agreement. -6- 9414600G.007 7 . Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon each party hereto, including each party' s respective agents, representatives, successors and assigns. S . Counterparts. This Agreement may be executed in one or more counterparts, each of which, when taken together, shall constitute a completely executed original. 9 . Amendment. This Agreement shall not be amended, supplemented, or abrogated, other than by a written instrument signed by the parties hereto. 10. Representation by Counsel. Each party hereto acknowledges and warrants that such party has been represented by counsel of that party 's own choice throughout all negotiations that preceded the execution of this Agreement. Each party hereto has cooperated in the drafting and the preparation of this Agreement. In any construction to be made of this Agreement, the same shall not be construed against any party hereto. 11. Attorneys' and Other Fees. Should any party to this Agreement institute any action or proceeding against the other to enforce or interpret this Agreement or any provision hereof, for damages by reason of an alleged breach of this Agreement, or any provision hereto, or for declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all reasonable costs and expenses, including attorneys' and other fees, incurred by the prevailing party in connection with such action or -7- 9414600G.001 proceeding. The term "attorneys ' and other fees" shall mean and include attorneys' fees, accountants' fees and any similar fees incurred in connection with the action or proceeding in preparations therefor. The term "action or proceeding" shall mean and include actions, proceedings, suits, arbitrations, and other similar proceedings. 12 . Notices. Any notice, demand, request, covenant, approval or other communications to be given by one party to the other shall be in writing and given by personal service, telegram, or express mail, Federal Express, DHL or any other similar form of airborne/overnight delivery services or mailing in the United States mail, postage pre-paid, certified and return receipt requested, addressed to the parties at their respective addresses as follows: If to Agency: San Joaquin Hills Transportation Corridor Agency 201 East Sandpointe, Suite 200 Santa Ana, California 92707 Attn: Chief Engineer If to City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attn: City Manager 9414600G.001 IN WITNESS WHEREOF, Agency and City have caused this Agreement to be executed as of this 26th day of May, 1994 . CITY CITY 0 JUAN P STRANO By: eo ca o ug City Manag r ApproyEkd as tq orm• By: cJ 71 and Denhal er, Shahy Cit Attorney Attest- By: ttest:BY: _ Cheryl Jo I��JCB so , City Clerk AGENCY SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY By: Lr �•� bio William WoollettWoollett, Jr. , Chief Executive Officer Approm4a as to f m By: _ Agency Counsel -9- 9414600G.001 EXHIBIT "A" LEGAL DESCRIPTION SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR PARCEL 300117-1 AN EASEMENT FOR SLOPE AND. DRAINAGE PURPOSES OVER, UNDER, AND ACROSS THAT PORTION OF SECTION 25,TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN PARCEL 8 AS DELINEATED AND SHADED ON A MAP FILED IN BOOK 7, PAGES 14 THROUGH 29, INCLUSIVE, OF HIGHWAY MAPS,IN THE OFFICE OFTHE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF LOT"B" OF TRACT NO 7671, AS SHOWN BY MAP RECORDED IN BOOK 299, PAGES 47 THROUGH 49, INCLUSIVE, OF MISCELLANEOUS MAPS,IN THE OFFICE OF'THE RECORDER OF SAID COUNTY, SAID CORNER BEING ON THE EASTERLY LINE OF RANCHO VIEJO ROAD (FORMERLY MARGUERITE PARKWAY AND VARIABLE IN WIDTH) AS DESCRIBED BY DEED RECORDED APRIL 19, 1966 IN BOOK 7905, PAGE 105 THROUGH 107, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 060 48'48* WEST A DISTANCE OF 121.75 FEET ALONG SAID EASTERLY LINE OF RANCHO VIEJO ROAD TO A POINT IN A NON-TANGENT CURVE,CONCAVE EASTERLY AND HAVING A RADIUS OF 2458.00 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID EASTERLY LINE OF RANCHO VIEJO ROAD, NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 790 11' 06" WEST, THROUGH A CENTRAL ANdLE OF 100 09' 14", A DISTANCE OF 435.60 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6658.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 890 20' 20" WEST, THROUGH A CENTRAL ANGLE OF 010 11' 31", A DISTANCE OF 138.51 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6655.25 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING NORTH 880 11' 16" WEST, THROUGH A CENTRAL ANGLE OF 00033' 19", A DISTANCE OF 64.50 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY UNE OF RANCHO VIEJO ROAD, SAID POINT ALSO BEING THE WESTERLY TERMINATION OF THE SOUTHERLY LINE OF PARCEL 3 AS SHOWN BY MAP RECORDED IN BOOK 14, PAGE 48 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM (NAD 83). ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.99995427. DAT Hl 22ND DAY OF FEBRUARY, 1994. �L uN STRAW O � cm / 0. No, 4200 D JOHN STRAWBRIDGE, P.L.S. 00 'tIEGISTRATION EXPIRES 6/30196 s� Exp. 6/30/95 2 9T �P Op pL� EXHIBIT "A" LEGAL DESCRIPTION SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR PARCEL 300117-2 AN EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES OVER, UNDER, AND ACROSS THAT PORTION OF SECTION 25, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO,.000NTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN PARCEL B AS DELINEATED AND SHADED ON A MAP FILED IN BOOK 7, PAGES 14 THROUGH 29, INCLUSIVE, OF HIGHWAY MAPS, AND LYING WITHIN TRACT NO. 7671, AS SHOWN ON A MAP RECORDED IN BOOK 299, PAGES 47 THROUGH 49, INCLUSIVE, OF MISCELLANEOUS MAPS, ALL ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF RANCHO VIEJO ROAD (FORMERLY MARGUERITE PARKWAY) (VARIABLE IN WIDTH) AND VILLAGE ROAD (VARIABLE IN WIDTH), SAID POINT OF INTERSECTION BEING ON A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 2000.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 500 21' 36" WEST (SAID RADIAL LINE IS SHOWN ON A MAP OF SAID TRACT NO. 7671 AS HAVING A BEARING OF SOUTH 500 21' 18" WEST); THENCE NORTHERLY ALONG SAID CURVE AND CENTERLINE OF RANCHO VIEJO ROAD THROUGH A CENTRAL ANGLE OF 050 14' 55" AN ARC DISTANCE OF 183.21 FEET; THENCE, SOUTH 560 13' 26" WEST, 21.00 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 2(109.00 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 560 13' 27-WEST,THROUGH A CENTRAL ANGLE OF 080 34' 34% A DISTANCE OF 300.71; THENCE NORTH 200 17' 46"WEST, 102.51 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1529.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE-BEARING SOUTH 680 32' 46" WEST, THROUGH A CENTRAL ANGLE OF 040 47' 35", A DISTANCE OF 127.91 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 2529.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 730 20' 20" WEST, THROUGH A CENTRAL ANGLE OF 060 48' 26", A DISTANCE OF 300.47 FEET; THENCE, ON A LINE RADIAL TO LAST SAID CURVE, NORTH 800 08' 46" EAST A DISTANCE OF 2.33 FEET TO A POINT IN A NON- TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 2526.67 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 800 08' 46* WEST, THROUGH A CENTRAL ANGLE OF 090 11' 34% A DISTANCE OF 405.39 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6726.67 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 890 20' 20" WEST, THROUGH A CENTRAL ANGLE OF 010 11' 31", A DISTANCE OF 139.94 FEET TO"THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6729.42 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 890 15' 48" WEST, THROUGH A CENTRAL ANGLE OF 020 07' 01", A DISTANCE OF 248.64 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6732.17 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING NORTH 870 21' 09" WEST, THROUGH A CENTRAL ANGLE OF 010 32' 21", A DISTANCE OF 180.85 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6729.42 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING NORTH 840 32' 46" WEST, THROUGH A CENTRAL ANGLE OF 010 24' 26", A 1 DISTANCE OF 165.28 FEAO THE EASTERLY LINE OF THE HEREINABOVE MENTIONED PARCEL 8. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE NORTHWEST CORNER OF LOT'B' OFTRACT NO 7671, AS SHOWN BY MAP RECORDED IN BOOK 299, PAGES 47 THROUGH 49, INCLUSIVE,OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID CORNER BEING ON THE EASTERLY LINE OF RANCHO VIEJO ROAD (FORMERLY MARGUERITE PARKWAY AND VARIABLE IN WIDTH) AS DESCRIBED BY DEED RECORDED APRIL 19, 1966 IN BOOK 7905, PAGE 105 THROUGH 107, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 060 48' 48* WEST A DISTANCE OF 121.75 FEET ALONG SAID EASTERLY LINE OF RANCHO VIEJO ROAD TO A POINT IN A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 2458.00 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID EASTERLY LINE OF RANCHO VIEJO ROAD, NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 790 11' 06" WEST, THROUGH A CENTRAL ANGLE OF 100 09' 14', A DISTANCE OF 435.60 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6658.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 890 20' 20" WEST, THROUGH A CENTRAL ANGLE OF 01° 11' 31', A DISTANCE OF 138.51 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6655.25 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING NORTH 88° 11' 16'WEST, THROUGH A CENTRAL ANGLE OF 00033' 19%, A DISTANCE OF 64.50 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF RANCHO VIEJO ROAD,SAID POINT ALSO BEING THE WESTERLY TERMINATION OF THE SOUTHERLY LINE OF PARCEL 3 AS SHOWN BY MAP RECORDED IN BOOK 14, PAGE 48 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM (NAD 83), ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT.TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.99995427. DATED T 2ND Y OF FEBRUARY, 1994. \�p L LA h 5rPA X a No. 4200 P JO STRAWBRIDGE, P.L.S.14200 REGISTRATION EXPIRES 6!30!96 s� Fxo. 5i30/9e �P yT Q2 OF A\ 2 EXHIBIT "A" • LEGAL DESCRIPTION SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR PARCEL 300117-3 AN EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES OVER, UNDER, AND ACROSS THAT PORTION OF SECTION 25, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN PARCEL 1 AS DELINEATED AND SHADED ON A MAP FILED IN BOOK 7, PAGES'1 AND 2, OF HIGHWAY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED BY DEED RECORDED FEBRUARY 1, 1983, AS INSTRUMENT NO. 83-50140, OF OFFICIAL RECORDS, IN THE OFFICE OF TAE RECORDER OF SAID COUNTY; THENCE, ALONG THE MOST NORTHERLY NORTHWEST LINE OF SAID DEED, SOUTH 300 27' 13" EAST, A DISTANCE OF 5.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 000 42' 21' WEST, A DISTANCE OF 199.98 FEET TO THE BEGINNING OFA TANGENT CURVE,CONCAVE WESTERLY AND HAVING A RADIUS OF 2613.50 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 010 23' 22", A DISTANCE OF 63.38 FEET TO THE WESTERLY LINE OF SAID DEED, SAID LINE BEARS SOUTH 290 03' 59" WEST, A DISTANCE OF 235.63 FEET, AS SHOWN BY SAID HIGHWAY MAP. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM (NAD 83), ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT.TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.99995427. DATED THIS 2ND DA OF FEBRUARY, 1994. �wL LAk0 Q No. 4200 I7 HN STRAWBRIDGE, P.L.S. 4260 REGISTRATION EXPIRES 6130/96 s� Ex0• 6/30/96 \e yT Q2 OF CA`` • EXHIBIT "A" • LEGAL DESCRIPTION SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR PARCEL 300117.4 AN EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES OVER, UNDER, AND ACROSS THAT PORTION OF SECTION 25, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN PARCEL 1 AS DELINEATED AND SHADED ON A MAP FILED IN BOOK 7, PAGES 1 AND 2, OF HIGHWAY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THS NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED BY DEED RECORDED FEBRUARY 1, 1983. AS'INSTRUMENT NO. 83-50140 OF OFFICIAL RECORDS, SAID CORNER ALSO BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN THE EASTERLY LINE OF SAID PARCEL 1 HAVING A BEARING AND LENGTH OF SOUTH 110 47' 00" WEST, 625.00 FEET, ALL IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE, ALONG THE EASTERLY LINE OF SAID PARCEL 1, NORTH 110 47' 00" EAST, 13.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00° 42' 21" EAST, 203.76 FEET; THENCE SOUTH 89017'39' EAST, 1.00 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 1535.50 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE FROM AN INITIAL RADIAL UNE BEARING NORTH 89017'39" WEST, THROUGHM CENTRAL ANGLE OF 07° 59' 10",AN ARC DISTANCE OF 214.02 FEET TO A POINT OF TERMINUS IN THE WESTERLY LINE OF SAID PARCEL 1. EXCEPTING THEREFROM THE FOLLOWING: THAT PORTION LYING WITHIN THE CITY LIMITS OF MISSION VIEJO, SAID CITY LIMIT BEING THE NORTHWESTERLY PROLONGATION OF THE CENTERLINE OF VIA ESCOLAR. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM (NAD 83), ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT, TO OBTAIN GROUND DISTANCES,-DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.99995427. DATE S 22N AY OF FEBRUARY, 1994. �L LA y\O 4anw O CL No. 4200 p HN STRAL BRIDGE, P.L.S. * . EGISTRATION EXPIRES MOM NT Exp. 8/30/90 �s pp AV\ • EXHIBIT "A" • LEGAL DESCRIPTION SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR PARCEL 300117-5 A TEMPORARY CONSTRUCTION EASEMENT OVER THAT PORTION OF SECTION 25, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN THAT PORTION OF PARCEL 8 AS DELINEATED AND SHADED ON AMAP IN BOOK 7, PAGES 14'THROUGH 29, INCLUSIVE, OF HIGHWAY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN RANCHO VIEJO ROAD(FORMERLY MARGUERITE PARKWAY,AND VARIABLE IN WIDTH),AND LYING WESTERLY OF THE FOLLOWING DESCRIBED UNE: COMMENCING AT TIJE CENTERLINE INTERSECTION OF SAID RANCHO VIEJO ROAD AND VILLAGE ROAD, SAID POINT OF INTERSECTION BEING ON A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 2000.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 500 21' 36" WEST; THENCE NORTHERLY ALONG SAID CURVE AND CENTERLINE OF RANCHO VIEJO ROAD THROUGH A CENTRAL ANGLE OF 050 14'55*AN ARC DISTANCE OF 183.21 FEET; THENCE SOUTH 560 13' 26" WEST A DISTANCE OF 17.34 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2005.25 FEET, SAID BEGINNING OF CURVE ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 560 07' 16' WEST,THROUGH A CENTRAL ANGLE OF 120 53127%A DATANCE OF 451.16 FEET TO A POINT OF TERMINATION IN THE WESTERLY LINE OF SAID RANCHO VIEJO ROAD. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM (NAD 83), ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT. TO OBTAIN GROUND DISTANCES, DIVIDETHE GRID DISTANCE SHOWN HEREIN BY 0.99995427. DATED THI D DAY FEBRUARY, 1994. &%L LAN STPAW G No. 4200 p JOHK STRAWS DGE, GISTRATION EXPIRES 6/30/96 r� Exp. 6/30/96 3 2 1 EXHIBIT "A" LEGAL DESCRIPTION SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR PARCEL 300117-6 A TEMPORARY CONSTRUCTION EASEMENT OVER THAT PORTION OF SECTION 25, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN THOSE PORTIONS OF PARCELS 7 AND 8 AS DELINEATED AND SHADED ON A MAP IN BOOK 7, PAGES 14 THROUGH 29, INCLUSIVE, OF HIGHWAY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN RANCHO VIEJO ROAD(FORMERLY MARGUERITE PARKWAY,AND VARIABLE IN WIDTH), AND LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF SAID RANCHO VIEJO ROAD AND VILLAGE ROAD, SAID POINT OF INTERSECTION BEING ON A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 2000.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 500 21' 36" WEST; THENCE NORTHERLY ALONG SAID CURVE AND CENTERLINE OF RANCHO VIEJO ROAD THROUGH A CENTRAL ANGLE OF 050 14' 550 AN ARC DISTANCE OF 183.21 FEET; THENCE SOUTH 560 13' 26" WEST A DISTANCE OF 17.34 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2005.25 FEET: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, FROM AN INITIAL RADIAL LINE BEARING SOUTH 560 07' 160 WEST, THROUGH A CENTRAL ANGLE OF 120 5N 27", A DISTANCE OF 451.16 FEET TO A POINT IN-THE WESTERLY LINE OF SAID RANCHO VIEJOOAD, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2021.00 FEET;THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY LINE OF RANCHO VIEJO ROAD FROM AN INITIAL RADIAL LINE BEARING SOUTH 42048'46" WEST THROUGH A CENTRAL ANGLE OF 01036'46' AN ARC DISTANCE OF 56.89 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, SOUTH 480 48' 00' EAST, 469.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID WESTERLY LINE,SOUTH 490 47' 53" EAST, 222.76 FEET; THENCE SOUTH 490 31'.27" EAST, 56.93 FEET, THENCE SOUTH 500 12' 41" EAST, 37.68 FEET; THENCE SOUTH 500 27'51" EAST, 50.00 FEET; THENCE SOUTH 500 27' 34' EAST 13.51 FEET; THENCE SOUTH 390 32' 26" WEST, 4.23 FEET TO A POINT OF TERMINATION IN SAID WESTERLY LINE. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID, BASED ON THE CALIFORNIA COORDINATE-SYSTEM (NAD 83), ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT. TO OBTAIN GROUND.DISTANCES, DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.99995427. ' DATED T 2ND D OF FEBRUARY,'1944. Np 5 5TFL4we �. 0. No. 4200 n JO STRAWB IDGE, P.L.S. 9200 REGISTRATION EXPIRES 6/30/96 ST Fxv. 6/30/96 2$ 9r �P OF A� EXHIBIT "A" LEGAL DESCRIPTION SAN JOAQUIN'HILLS TRANSPORTATION CORRIDOR PARCEL 300117-7 A TEMPORARY CONSTRUCTION EASEMENT OVER THAT PORTION OF FRACTIONAL SECTION 24, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN RANCHO VIEJO ROAD (FORMERLY MARGUERITE PARKWAY,AND VARIABLE IN WIDTH),AND LYING WITHIN VIA ESCOLAR (HAVING A SOUTHWESTERLY HALF-WIDTH OF 37.00 FEET), MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED BY DEED RECORDED JANUARY 2, 1985,AS INSTRUMENT NO. 85-000341 OF OFFICIAL RECORDS, SAID CORNER ALSO BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN THE EASTERLY LINE OF PARCEL 1 AS DELINEATED AND SHADED ON A MAP FILED IN BOOK 7, PAGES 1 AND 2 OF STATE HIGHWAY MAPS, ALL IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE, ALONG THE EASTERLY LINE OF SAID PARCEL 1, SAID EASTERLY LINE ALSO BEING THE WESTERLY LINE OF SAID INSTRUMENT NO. 85-000341, NORTH 110 47' 00" EAST, 274.70 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF SAID VIA ESCOLAR; THENCE, ALONG SAID CENTERLINE SOUTH 520 57' 06" EAST, 115.66 FEET; THENCE SOUTH 370 02' 54" WEST, 37.00 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID VIA ESCOLAR; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, NORTH 520 57' 06" W$T, 40.45 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 31.00 ' FEET; THENCE NORTHWESTERLY, WESTERLY, AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 1060 33' 31", AN ARC DISTANCE OF 57.65 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY UNE OF SAID INSTRUMENT NO. 85-000341; THENCE SOUTH 120 03' 01" WEST, 184.37 FEET ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE OF SAID INSTRUMENT NO. 116-000341; THENCE NORTH 890 04' 20"WEST, 7.62 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM (NAD 83),. ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT. TO OBTAIN GROUND DISTANCES; DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.99995427. DATED T 2 DAY WEBRUARY, 1994:_ . \�Np.L LA,yO h Srn4w C. No. 4200 D JOWN STRAWWAOGE, P.L.S. 42 REGISTRATION EXPIRES 6/30/96 s� Exp. 6/30/96 Q 9T Q2 OF p,�� -- RE5OLUTTON NO. 96-3-15-1 ACCVP TAPtctr.OF DRAFT RANCHO Vis r0 ROAD CONSrpT PLAN A RJ850LUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA. ACCEPTING THE DRAFT RANCHO VIEJO ROAD CONCEPT PLAN(AUGUST.1993)PREPARED PURSUANT TO VISUAL RESOURCES MITIGATION MEASURE 15-26 Of THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR WHFREA&The Transportation CveridorAhency(Agency)is a joint powers agency veered to design pad construct sevetal regional higbway corridors including the San Joaquin Hills Transportation Corridor,and. WHEREAS,on March 14, 1991,the Agency eertifad the final Envirmuaental Impact Report for the San Joaquin Hills Transportation Corridor including a Mitigation Monitoring Program which included Visual Resources Mitigation Measure 13-26,Rancho Viejo Road;and, WHEREAS, Visual Resources Mitigation %is=its 15-26, Rancho Vicialaed. requires that the Agency prepare a Concept PIM for Rancho Viejo Road is a cooperative afore witch the City to address the various snvimisroestal 4tfeets and dsciips i~related m this Sevum orad that the Concept Plan be subject to City and Aleary acceptance:and. WHSRSA$ We Agency has reviewed die project pursuatrt to Section 151S3 of the Caliturnia Environmental Quality Aa(CEQA)and determmod that potentially sign&=eaviroataenal impacts of the Concept Plan have been adequately disclosed ad mitigated as part of the Final Environmental Impact Report for die Sat Joaquin Hills Trwaportatlon Corridor and bas otharwiw wmpiad whb alt apptluaisk provisions of the Calltorata Eavttnnmental Quality Act;and, WHERZ^3, the Eavirmuearal Review Dowd coosWered the subject projurt at their August 24, 1993.mating and.aft cartsive pabiic co unseat,approved a meson recommending acceptance of the Concept Plan subject to revisions Outlined is William Hubar's July 29, 1993,Watt to Gene Foster. Saud upon the remicdons of Public Resources Cods Secdon 211673,the Envtrammtai Revkw Ihautl GWAT ed with the A940ey4 envimornenttt determimadoa and forwarded the project to the Padre and Raetesdon Commisaioa,Equestrian Commimier4 Tragic and Transportation Commission, br"i"e Commission pad City CotmeiL'and, WHERRAS, the TAft and Treaspartatiad Commission cona(daed the subject projecr at their September S, 1993,meeting and,aft public comms approved a motion recommending acceptance of the Concept Plan subject to certain revWona;" WSZftLA3, ttM Psrss and Retaesaiop Commiuionconsidered the subject project at their Sepaitnbe l3, 1993.ineadeg pad,arta public commmtr approved a motion eaeaeatae idttg acceplance of the Concept Plan subject to the Agency pursuing dw Alternative A allpassm for the Sponed Suit equestrian fader acid and that the Agency acquire 4$Mlena,&Sign and construct that feeder trail;and, WMRXAf,the Phtzining m Commtssm tamed a duly-noticeced public meetlng on September 2g, 1993, pursuant to City Council policy,to consider public raatimogY oo rhe proposed project and approved a motion recommending acceptance of the Drat{Rancho Viejo Road Concept Plea(Augtsy 1993)subject to conditions and forwadad its recommendation to City Couneii;ad, WHZRF.AS,tae City COMM eoa6ueoed a dally-aoaced public westing on October 19, 1993,to consider irstimony on the proposed Diet Rancho Viejo Road Cooeept Plan(August, 1"3)and defbued any huiher action until to feasibility,of proposed Alternative Alignment 3 was studied;and, tJi illB, i IXUWAI. MI Cloy NMI 181MUS 3 de{y-Amiltd }UNA Will tit IIA6ji, 12. {9Q4. tc considerthe feasibility of the proposed Altemative Alignment 3. They concluded thus feassbie aitemative does not exist and directed staff to return the Draft Rancho Viejo Road Concept Plan to Council for consideration. NOW,THEREFORE BE rr RESOLVED.that the City Council of the City of San lues CIDLW G does hereby make the following radings: 1. The Draft Raaeho Viejo Road Concept Plan will be cnnstsrent with the policies and objectives of the San Juan Capistrano General Pian;and. 2. The Draft Rancho Viejo Roed Concept Plan will comply with all appiicabie provisions of the Land Use Code subject to mitigation measurer and conditions cited by this resolution. BE IT ICU-RTKZR RESOLVED, dust ole Chy Council of the City of San Juan Capistrano doec hereby recommend acceptance of the Deaf Rancho Viejo lt=d Concept Plat subject to the following conditions 1. TUTU*111 sPselffcauy bidtcate that%be Spotted Salt Lane hilbide will kw graded to s mattimutn of 1:t slope and stabilized with'geogrld',a dance plastic wbsurace grid 2. The Trumporatiot COnidal Agency will commit to Providing moist asenuatium in she form of additional sound walls consistent wiib Planning Commission Condition No.3(asachcM regarding wall extensions. 3. The Concept Plan will be revised to include reference to Me Alternative B conceptual attgtalau fw Qu Spotted SYU Late equatrim 1110601 trail,orad Qu Tanspottstiort Corridor Agency should commit to consaucting that trait. a. Ther COW"t Plan will be revised to Incorporate a conceptual landscape plan depicting the general UMIG4 density and types of laedscaping. EutmRmOta, tree Loncept !'fan plant palette sb=M include more extensive use of large,broad-leafed trees, evergreen tees le sufficiently toyer the endre slope m the City s speci6eatioos. The Transportation Corridor Agency staff will support Clot request to to Board for funding fbr else addftiocw latdscapatg. 5. The TrINUIPO 11011 CoeridOr Agency wilt support the City in worlang wait Caltrans to =Pltmmt 11todusPIng No"the"Was waft TDs reashung walls along Interstates ahouid f9edq=W variety v tti respect to design,attune and toter subject to acceptance by Me City. TDs City does not accept IDoeolthic,smooth surface poured concrete retaining wails. 6. TDs TrMNPorlmon Cos9dor Agency will support the City and work Cooperatively with erre City In 9mpkmentiag Cattans funding and installation of landscaping In tie conflucnee mediae 7. TDs Transportation Cortidor Agency wilt support rhe City to implement entering into In WoMMIDuansftlandscape mahmeamcs enmority for portions of the confluence to the City. The Tfampotatiot Catfdot Agency mdror Caltrans would be respoaaible for Nnding malammee,and as city world ptapttst makinvance standards end direuly contra for maintenaom of such sro= g. Tits COW@Pt Ptae wilt be revised m motuas a refaatee In Section 9-2.311 (Public h%Ptovemeat pints end outside agency dsvelopaaeag.9-2307 Mvsdhtg pian review)Ind 9.2-306(00999 feview for Ron redden W pfojaeo). The quotation m the Concept Plan whm Merl to a to-day WWWW process is iaooasiwat with the Citys time lines for the Protases eszabla9cd by the preceding Code sectlons. AccorQ9tgly, the quou should be -2- _ l/ 7 24 - 9 -3. TNU 20 ♦ P . © 1 i delered. Chapter 12 must indicate that. in to event provisions of the Concept Plan and Land Use Code would conflict. the Land Use Code shall prevail. 9. Inecrporated herein by reference all conditions as tial recommended ny:he City's Traffic and TrSuperusion Commission. Equestrian and Recreational Trails Corimssion. Parks and Recreation Concussion and Planning Commission, as a result of ceir considerations relative to has Draft Rancho Visjo Road Concept Platt(August 1993). are to be addressed as pars of The final Concept Plan revisioee. Should conflicts exist bsween the Council Resolution and any commission actions.the Council ResofuUon shall aka precedence. 10. FINDING: The City Council also finds that the Concept Plan for the Rancho Viejo Road Realignment is designed and planed to a scale necessary to accommodate regional and We regioea!masportation ast@ds and Mat.in die event such regions! and interregional uses become tmriece Bary,physfally,unFwUcai or fiscally or legally prohibitive. the scats and and for the current Concept Plan would and should be greatly diminWed or eliminated. Cptr[rtTTON: This approval it theretbm subject to are cmattion that should We Corridor Project,or subsointia l portions thersoC be permanently enjoined or nullified by litigation or duougfr fyture to complete or finance the full approved length of the roadway construction pmj=or altered or atIIcided in such a way as to elimirau snbstUtlal selments of the lull approved lengths of the peopooed roadwsy eonstruetiom the Cin hereby vacates aid taWtds its approval of the Concept Plan. 11. The City will withhold usuanee of any eonsauetion permit for rhe realignment of Rancho Viejo NOW tmtl the iti tl1=04 on the Lqu a Graenbeh Federal lewsuh las been resolved PASSED,APPROVED,AND ADOMD this 15th day of Narch 1994. ss✓ �COLLEWCAMPBELL.MAYOR ATTEST. crrY c mx MRY 26 '94 14:58 P.2 REALIGNMENT OF RANCHO VIEJO ROAD IMPROVEMENT REQUIREMENTS 1. Landscaping The Landscape Plans (Concept), dated April 18, 1994, submitted to the City and prepared by Nuvis Landscape Architecture shall be revised to comply with the City's Street Tree Master Plan specification for California Sycamores, indicating planting at a twenty-five-foot(25') on center planting schedule. 'They shall be revised to provide spacing of the coyote brush and Hall's honeysuckle groundcover at 10 to 12 inches on center. The landscape plans shall include an evergreen ivy along the west side of the soundwall above Rancho Viejo Road with plantings at 3 to 5 feet on center. The plan shall include plantings on the west side of Rancho Viejo Road, from Trabuco Creek to the northerly terminus of the soundwall adjacent to Interstate 5. Said plantings shall include street trees(California Sycamore), groundcover of coyote brush and Hall's honeysuckle and an evergreen climbing ivy for the retaining/soundwall, with spacing requirements as noted above, consistent with the visual exhibits prepared and submitted by the Agency as part of their Rancho Viejo Road Concept Plan. Prior to the completion of the final landscape pians, the Agency shall retain a professional arborist to evaluate the 113 existing trees designated for removal and provide recommendations on their potential for relocation to an alternate site within the realigned Rancho Viejo Road segment. A copy of the report shall be submitted to the City. Upon review of the report recommendations the Agency and City staff are to determine what trees should be relocated. The Agency agrees to install the landscape plantings on the east side of realigned Rancho Viejo Road within three(3)months of the completion of grading. The Agency agrees to install the landscape plantings adjacent to the retaining/soundwall on the west side of Rancho Viejo Road immediately upon completion of its construction. Landscaping should be included in the downslope area adjacent to the proposed equestrian trail leading into the Spotted Bull neighborhood. The California live oak trees proposed in the upper slope area should be clustered and thinned out at the edges to transition with the trees on the adjacent properties. MRY 26 '94 14:59 P'3 REALIGNMENT OF RANCHO VIEJO ROAD-IMPROVEMENT REQUIREMENTS Page 2 The Rosebud trees should be deleted and substituted with Toyon shrubs. The shrubs should be planted in a random pattern in the upper slope area. The Interstate-5 (Caltrans) slope, on the west side of Rancho Viejo Road, should include plantings to blend the proposed landscape material with the plant palette for the east side of Rancho Viejo Road. Permanent irrigation shall be installed for the area within the right-of-way and the transitional planting zone along the lower thirty feet(30')of the graded slopes. Said irrigation system shall be designed consistent with the City's adopted Design Standards. The final irrigation plans shall be reviewed by the Director of Public Lands and Facilities for a determination of compliance with said standards. Temporary irrigation shall be installed for the upper slope planting areas for a minimum period of two (2) years' duration. The Agency or its contractor shall maintain all landscaping referenced above during the period of construction of the Corridor confluence and Rancho Viejo Rokad for a period estimated at 1 1/2 to 2 years. Said landscaping within Rancho Viejo Road rights-of-way shall be turned over to the City for maintenance. However,prior to this occurrence,the Agency/contractor shall field review the landscaping and irrigation and provide any replacement or repairs necessary in conformity to the final approved construction documents. 2. Gri1ding The grading plans submitted to the City, dated April 18, 1994, prepared for the California Corridor Constructors by Parson de Leuw, Inc., shall be revised to incorporate the following changes: The maximum width of all benches required for manufactured slopes greater than thirty-feet(30') in height are not to exceed ten-feet(10')in width. Sheet X-6 drainage details shall be revised to be consistent with City Design Standards(Sub- section 9-4.112(b)(1)of the Municipal Code. The surface drainage channels shall be used to convey water off the slopes. Said channels shall be constructed with an earthtone-colored concrete which approximates the color of proposed landscape plantings. The plans are to be revised to provide contour grading and slope rounding adjoining the drainage channels at the outer edges of manufactured slopes. MAY 26 '94 14:59 P.4 REALIGNMENT OF RANCHO VIEJO ROAD-IMPROVEMENT REQUIREMENTS Page 3 The plans are to be revised to indicate that proposed drainage facilities will not convey water from a tributary area greater than 13,500 square feet. The plans shall be revised to incorporate a minimum twenty-five-foot(25')radius slope rounding to blend manufactured slopes with existing contours. The plans shall be revised to incorporate horizontal curves with a maximum 300-foot radius for all slopes having more than a 100-foot horizontal length. All geotechnical reports prepared during construction shall be submitted to the City for information. Between October 15 and April 15 of each year, suitable erosion control shall be placed and maintained for all barren or newly-planted slopes within the project limits. Said plans shall be submitted to the City and reviewed for conformance with the above conditions by the Director of Engineering and Building Services and the Director of Planning prior to the initiation of any construction activity related to the realignment of Rancho Viejo Road. 3. Roadway Desi an The design for the roadway shall include the realignment of Rancho Viejo Road from Village Road on the south to Via Escolar on the north. The existing pavement shall be widened from two lanes to four lanes throughout the entire length. The roadway width can vary between 72 and 83 feet by deleting the 11-foot painted median along streets not requiring a left-tum pocket. Based on the roadway's category and proposed design,a 1:45 taper is satisfactory. Intersection locations are Spotted Bull Lane, Highland Way and access to TPM 89435 (RESCO). The west parkway(with 2 percent crossfall ) shall be no less than three (3) feet wide from curb face, the east parkway shall be no less than sixteen(16) feet wide(10-foot,two-way bike trail, four feet from curb face and two feet from right-of-way line). Lane widths shall be twelve (12) feet for number one lane and fourteen (14) feet for number two lane. At the intersections,curb return radii shall be no less than twenty-five(25) feet for Spotted Bull Lane and thirty-five(35) feet for all others. Curb-to-curb width for Spotted Bull Lane shall be thirty-six (36) feet; for Highland Way forty-six (46) feet; for TPM 89435 (Resco) at station 38+40,thirty-six(36)feet and at station 43+40,forty-six(46)feet.The roadway will be designed for a 50-mph speed. The plans shall conform to the preliminary plans submitted to the City for review dated October 11, 1993. MAY 26 '94 15:00 P.5 REALIGNMENT OF RANCHO VIEJO ROAD-IMPROVEMENT REQUIREMENTS Page 4 4. Village Road Signal The existing wood pole, span wire signal at Village Road and Rancho Viejo Road will be upgraded to include replacement of the wood poles with metal poles and removal and replacement of the span wire signal heads with new heads mounted on the signal poles. All work appurtenant and necessary to the installation will he accomplished by the TCA. Work will also include all necessary intersection restriping to accommodate the signal work. 5. Bicycle Lane Facilities A Class 1 bicycle facility will be constructed along the eastern edge of Rancho Viejo Road between Village Road and Via Escolar. The bicycle lane shall consist of a four-foot buffer between the curb and bicycle trail, a ten-foot asphalt paved trail and two-foot separation to the right-of-way. The trail shall include striping and signage in conformity to the standards of the City of San Juan Capistrano. The design shall be consistent with the preliminary design plans submitted to the City on October 11, 1993. 6. Equestrian Trail Facilities The City General Plan calls for an equestrian trail that links the Village San Juan area with the Spotted Bull area. A 10-foot trail is to be constructed along the easterly side of Rancho Viejo Road east of the Bicycle Trail. The trail will roughly parallel Rancho Viejo Road to about station 13+45,where it will tum northeasterly through the parcel owned by Schindler(AP#650- 02-22) and connect to Spotted Bull Way. A portion of the trail between stations 10+00 and 13+45 shall be joint use with the bicycle trail on Rancho Viejo Road. The trail will be constructed of a suitable riding surface, fenced on both sides,have appropriate signage and shall be designed in conformance to the City's adopted equestrian trail design standards. The alignment and design shall be consistent with the preliminary design plans submitted to the City on October 11, 1993. An easement for alignment "A" shall be acquired and created to the benefit of the City of San Juan Capistrano, with the legal instrument establishing the easement showing the City as sole beneficiary. Said easement will be transferred in a form acceptable to the City and recorded prior to the Agency's notice of completion on the project. The City will acquire the appropriate environmental clearance for the Master Plan Equestrian Trail acquisition described in the Concept Plan prior to the right-of-way acquisition by TCA for the trail. MAY 26 '94 15:00 P.6 REALIGNMENT OF RANCHO VIEJO ROAD-IMPROVEMENT REQUIREMENTS Page 5 7. Soundwalls Two soundwalls are proposed as part of the realignment of Rancho Viejo Road. The first is a 14-foot-high wall in front of the Village San Juan residential community from stations 618+60 to 639+10. Landscaping along this wall on both the Rancho Viejo Road and Freeway side shall be in conformance to Item 1 of these conditions. The second is a nine-foot wall located at the top of slope of the Sported Bull residential area between stations 642+50 to 648+00. In addition, the wall will be extended south and eastward to provide added sound mitigation. This extension shall be in conformance to the design submitted to the City on the preliminary plans dated October 11, 1993. The wall material and texture shall be consistent with the recommendations of the City's Soundwall Ad-Hoc Committee, whose guidelines are currently being developed. 8. Construction Impacts Construction shall be accomplished in such a manner as to cause the least disruption as possible to residents,motorists and pedestrian traffic on Rancho Viejo Road. To facilitate construction, the project shall be constructed in two phases. Phase I will consist of the construction of the realigned portion of the roadway east of the existing roadway. During this phase the existing roadway will be used for traffic and shall consist of two traveled lanes, one in each direction. Phase 2 will move the traffic onto the realigned portion of roadway and permit removal of the existing alignment and completion of the full-width pavement. During Phase 2, a minimum of two lanes of traffic, one lane in each direction, shall be maintained at all times. Certain construction operations may warrant the temporary reduction of travelled lanes to one lane. Under such restrictions, flagmen shall be provided to adequately move traffic. The contractor shall adhere to the City's code requirements for times and days of construction. During construction all utility services to the community shall be maintained. The contractor shall submit, to the City staff for review, a Traffic Management Plan (TMP) that adequately describes the handling of pedestrians, especially school children, at both private and public schools. 9. Light and Glare All lighting on Rancho Viejo Road shall be as shown on the preliminary plans submitted to the City on October 11, 1993. Appropriate glare shields will be installed with the lightning on Rancho Viejo Road and the Corridor to minimize its intrusion in the surrounding residential areas. MHY G6 '94 15:E1 P.7 REALIGNMENT OF RANCHO VIEJO ROAD-IMPROVEMENT REQUIREMENTS p2ge 6 10. 1-5 Freeway Improvements The Agency will support the City and work cooperatively with Caltrans to implement landscaping along the retaining walls on I-5. The retaining walls should incorporate variety with respect to design, texture and color. The Agency will support the City and work cooperatively with Caltrans to implement installation of landscaping in the confluence mediart. The Agency will support the City and work cooperatively with Caltrans to implement an agreement transferring the landscape maintenance authority for portions of the confluence to the City. The Agency or Caltrans would be responsible for funding the maintenance,the City would establish the maintenance standards and contract for the maintenance of such areas. 11. Ri t-of-Wav The City will accept the right-of-way outside the corridor from TCA when the improvements are completed for City maintenance and operation of this local arterial highway. 12. City Review The City will review the plans and construction in accordance with the procedures described in the Design/Build Manual. 13. Disclaimer The City will file a "disclaimer" and not contest the right-of-way condemnation. 1 RICHARD K. DENHALTER (BAR NO. 68824) CITY ATTORNEY 2 CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto 3 San Juan Capistrano, California 92675 Telephone: (714) 443-6312 4 Facsimile: (714) 493-1053 5 Attorney for City of San Juan Capistrano 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF ORANGE 10 11 SAN JOAQUIN HILLS ) CASE NO. 12 TRANSPORTATION CORRIDOR ) 13 AGENCY, a California joint powers agency, ) Assigned to: Hon. 14 Plaintiff, Dept: 15 V. ) 16 CITY OF SAN JUAN CAPISTRANO 17 Defendant. ) 18 19 ) 20 ) 21 22 23 24 Pursuant to Section 1250.325 of the Code of Civil Procedure, the City of San Juan 25 Capistrano, a municipal corporation, defendant in the above-entitled proceeding, hereby 26 disclaims any interest in the property described in plaintiffs complaint. Defendant further 27 disclaims any interest in the compensation that may be awarded in the above-entitled proceeding 28 1 Defendant understands that it has no right to participate in further proceedings or 2 to share in the compensation awarded after filing this disclaimer. 3 DATED: CITY OF SAN JUAN CAPISTRANO, 4 a municipal corporation 5 By: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9414600E.001 - 2