1996-0802_SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR_Decl. of Covenants, Conditions and Restrictions CAPISTRANO UNIFIED SCHOOL DISTRICT
San Juan Capistrano, California
June 24, 1996
TO: Dr. James A. Fleming, Superintendent
FROM: Terri E. Lunine, Deputy Superintendent
Administration
Daniel J. Crawford, Assistant Superintendent
Operational Services
SUBJECT: SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR SOUNDWALL
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BACKGROUND INFORMATION
The southbound portion of the San Joaquin Hills Transportation Corridor
is expected to be completed in Summer 1996. As a condition of construc-
tion, the Transportation Corridor Agency (TCA) is required to provide
noise mitigation by constructing a soundwall . To minimize the height of
the wall necessary to meet noise standards, the City of San Juan
Capistrano has asked the District to approve a revised mitigation plan.
CURRENT CONSIDERATIONS
District and City of San Juan Capistrano staffs have been developing a
Declaration of Covenants, Conditions and Restrictions (CC&Rs) required by
the State of California. The CC&Rs spell out City of San Juan Capistrano
and District responsibilities. The District's responsibility is limited
to removal of graffiti on the District side of the soundwall .
Exhibit A is the proposed Declaration of Covenants, Conditions and Re-
strictions required by the State of California.
FINANCIAL IMPLICATIONS
There would be no financial impact from approving the Declaration.
STAFF RECOMMENDATION
It is respectfully recommended that the Board of Trustees approve the
Declaration of Covenants, Conditions, and Restrictions.
FAULTER/SOUNDWAL
DECLARATION OF COVENANTS_ CONDITIONS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
("Declaration") is made this 24th day of June, 1996, by Capistrano Unified
School District ("District") for the benefit of San Joaquin Hills
Transportation Corridor Agency, a California joint powers agency
("Agency") .
A. Agency holds record title to certain land located in the County
of Orange, State of California, depicted in Attachment 1 attached hereto
and incorporated herein by this reference, and any improvements located
thereon (collectively, "Corridor Property") . Agency's contractor,
California Corridor Constructors ("CCC") , is currently constructing the
San Joaquin Hills Transportation Corridor ("Corridor") on Corridor
Property. Upon completion of construction, Agency shall transfer record
title to Corridor Property to the State of California, Department of
Transportation ("Caltrans") , and Caltrans shall operate Corridor, a toll
limited access highway, thereon. Agency shall continue to operate the
toll facilities located on Corridor.
B. District is the fee owner of certain land located in the City of
San Juan Capistrano ("City") , County of Orange, State of California, more
particularly described in Attachment 2 attached hereto and incorporated
herein by this reference (collectively "District's Property") . District's
Property is immediately adjacent to Corridor Property.
C. Mitigation Measure 5.1 of Final Environmental Impact Report/TCA
EIR 1 Volume 1-Final EIR dated March, 1991 suggests that noise barriers be
installed to attenuate sound impacts from Corridor Property on District's
Property. These attenuation are voluntary.
D. City has entered into an AGREEMENT ESCROW AND CONSTRUCTION OF
SOUNDWALL ON PUBLIC PROPERTY, dated April 2, 1996 ("Agreement") , wherein,
for mutual good and valuable consideration, City has elected to assume
responsibility for construction and maintenance of the Soundwall (as
described in the Agreement) necessary to mitigate Corridor traffic noise
and prevent unauthorized access to Corridor. District has also agreed to
release Agency, CCC and Caltrans from any future responsibility with
regard to mitigation of the sound impact on District's Property from
operations of Corridor on Corridor Property.
NOW, THEREFORE, in mutual consideration of the foregoing, District
hereby declares that District's Property, and every portion of it, shall
be subject to the following declarations, limitations, covenants,
conditions and restrictions, all of which are imposed as equitable
servitude and run with the land:
1. Assumption of Responsibility and Release of Claim and Future
Claims. City hereby forever assumes responsibility for the Soundwall
including but not limited to cosmetic appearance, structural integrity,
Exhibit A
Page 1 of 3
Declaration, page 2
maintenance, and graffiti removal (District will assume on District side
of wall - reference "D" above) . City and District further forever release
CCC, Agency, Caltrans, and any assigns, successors, officers, directors,
agents, representatives, employees, insurers, and partners of any of them,
including without limitation any successor-in-interest to Corridor
Property or any part of it (collectively, "Released Parties") , from any
and all rights, interests, claims, demands, causes of action,
indebtedness, liabilities and obligations of every kind and nature, known
and unknown, which District may own or hold against Released Parties,
arising prior to and after the date hereof and/or in any way related to
any event surrounding of concerning the design and construction of the
Soundwall , or noise generated by the operation of Corridor at a level not
greater than that set forth in the EIR.
2. Rights of Caltrans. Owner's Agent (City) pursuant to the
Agreement in Recital "D, " shall obtain a permit from Caltrans prior to any
entry onto Corridor Property. Should Owner's Agent fail to comply with
the terms of Declaration, Caltrans may, five (5) days after providing
written notice of the default to Owner's Agent, perform Owner's Agent's
obligations at Owner's Agent's cost to be reimbursed to Caltrans by
Owner's Agent. However, no notice shall be required for matters relating
to or impacting safety and/or access control . Additionally, Caltrans
shall have the right to control access to Corridor at all times through
fencing or any other appropriate means.
3. General Release. In connection with City and District
agreements and the releases contained in paragraph 1 of Declaration, City
and District hereby waive and relinquish all rights and benefits which
they may have under Section 1542 of the California Civil Code, which
provides as follows:
"A general release does not extend to claims which the creditor does
not know or suspect to exist in its favor at the time of executing
the release, which if known by him must have materially affected his
settlement with the debtor. "
4. Indemnification. City and District understand and agree to
indemnify and hold harmless Released Parties from all liability in
connection with the Soundwall and Agreement Escrow and Construction of
Soundwall on Public Property.
5. Enforcement. The covenants, conditions and restrictions
contained in and/or provided by Declaration may be enforced by any and all
available remedies by Agency or by Caltrans or by their successors and/or
assigns. Failure to enforce any provisions of Declaration shall in no
event be deemed to constitute a waiver of the right at any time thereafter
to enforce such provisions or any other provision contained in
Declaration.
Exhibit A
Page 2 of 3
0
Declaration, Page 3
6. Successors and Assigns. The terms and conditions of Declaration
shall bind the successors and assigns of Agency and District, shall inure
to the benefit of the successors and assigns of Agency (including without
limitation Caltrans) , shall burden the successors and assigns of District,
shall attach to and run with Corridor Property and District's Property,
shall be appurtenant to Corridor Property, and shall be covenants running
with the land.
7. Compliance with California Law. The obligations and benefits
contained herein are covenants that run with the land and shall bind the
successors, heirs, and assigns in interest of the parties hereto as to
their respective parcels. Without limiting the generality of the
foregoing, City and District intend Declaration to comply with all
relevant provisions of California law regarding covenants that run with
the land including without limitation California Civil Code Section 1468.
8. Severability. Each term and provision of Declaration" is
intended to be severable and shall continue in full force and effect
although other provisions herein may be determined invalid or void for any
reason.
IN WITNESS WHEREOF, City and District have executed Declaration as
of the date first above written.
CAPISTRANO UNIFIED SCHOOL DISTRICT CITY OF SAN JUAN CAPISTRANO
Signature gna re
Assistant Su erintendent, Operational Wyatt dart, Mayor
It e Services It e
June 24, 1996 August 2, 1996
ateat—�
Sr5cty.NP.0:dK0vM.da 6-12-96
Exhibit A
Page 3 of 3
CALIFORNIA ALL-PURPO& ACKNOWLEDGMENT •
State of
County of I � fn�
On alltiL .�GR� before me,
I— Da / Name and itle of Offic r(e.g.,'Jane Doe, olery Public")
personally appeared 10/Af]I � 11 A."IJ -11
Names)of Signer(s)
❑personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s)on the instrument the person(s),
PAUTAJ.BOIZ or the entity upon behalf of which the person(s) acted,
COMM.i 1027921 33
Notary Pubic–Caiiforria g executed the instrument.
ORANGE COUNN
comm. 1'MAY p'1098 WITNESS my hand and official seal.
- VSignature of No ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: beo I n(2{'f rm d Coueno nk O t)n6b hrms a Reside f,avis
Document Date: 0IUAQ �y i Ig4(o Number of Pages: J3
Signer(s) Other Than Named Above: 1004-ft oV SI Qk M h,1
Capacity(ies) Claimed by Signer(s)
Signer's Name: 111 pi MILLF y-3 Signer's Name:
❑ Individual ❑ Individual
QXorporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limit de General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Tap of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
C 1994 National Notary Association•8238 Hammet Ave.,P.O.Box 7184"Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-8110-87&8827
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On August 2. 1996 , before me, Cheryl Johnson
City Clerk, personally appeared Wyatt Hart
personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the
instrument.
(SEAL)
WITNESS my hand and official seal.
City Clerk
OPTIONAL
Capacity Claimed by Signer Description of Attached Document
Municipal Corporate Officer
CC&R's - San Joaquin Hills Transportation
Mayor Corridor Soundwall
Title Title or Type of Document
Signer is Representing Three
Number of Pages
City of San Juan Capistrano
June 24, 1996
Date of Document
Daniel Crawford. CUSD
Signer(s)Other Than Named Above
CapAtrano UnifieAchool District
Excellence in Education
Y 32972 Calle Perfecto, San Juan Capistrano, California 92675 Telephone(714) 489-7000/FAX 240-6241
5 7
CAPISTRANO%
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July 31, 1996
BOARD OF
TRUSTEES
SHEILA J.BENECKE
President William M. Huber
MARLENE M.DRAPER Director of Engineering & Building
Vice President City of San Juan Capistrano
PETER J. 32400 Paseo Adelanto
ESPINOSA,Ed.D. San Juan Capistrano, CA 92675
Clerk
DORSEY BRAUSE,Ph.D. Subject: Declaration of Covenants, Conditions and
Member Restrictions for San Joaquin Hills Transportation
PAUL B.HASEMAN Corridor Soundwal 1
Member
CRYSTAL Dear Mr. Huber:
KOCHENDORFER
Member At their meeting of June 24, 1996, the Board of Trustees
MILDRED DALEY approved the Declaration of Covenants, Conditions and
PAGELOW, Ph.D. Restrictions (CC&Rs) between the District and the City relating
Member to the San Joaquin Hills Transportation Corridor Soundwall .
SUPERINTENDENT
JAMES A.FLEMING,D.P.A. I have enclosed two signed agreements. Upon obtaining the
required signature from your City official , please forward a
DIVISION OF signed original to my office.
ADMINISTRATION
TERRI E.LUNINE,J.D. Thank you for your assistance to this matter. If you have any
Deputy Superintendent questions, please feel free to contact me at 489-7293.
CARLEEN WING CHANDLER
Associate Superintendent,
Business/Fiscal Services
DANIEL J.CRAWFORI)
Assistant Superintendent, a Dixon, Director
Operational Services Maintenance and Operations
DAVID A.DOOMEY
Assistant Superintendent, JD:yc
Facilities Planning
WILMA J.HARVEY Enclosures
Executive Director,
Personnel Services
Stscty:wp.c:CC&RSanJ.Itr
Serving the Southern California communities of
Aliso Viejo•Coto de Caza•Dana Point•Laguna Niguel•Mission Viejo•Rancho Santa Margarita•San Clemente•San Juan Capistrano
/ MEMBERS 0THE CRU
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1776 DAVID SWEROUN
• • CITY MANAGER
GEORGE SCARBOROUGH
August 5, 1996
Mr. Joe Dixon, Director
Maintenance and Operations
Capistrano Unified School District
32972 Calle Perfecto
San Juan Capistrano, California 92675
Re: Declaration of Covenants. Conditions and Restrictions for San
Joaquin Hills Hills Transportation Corridor SoundwallCorridor Soundwall
Dear Mr. Dixon:
The Declaration of Covenants, Conditions and Restrictions between the District and
the City relating to the San Joaquin Hills Transportation Corridor Soundwall has
been signed by Mayor Hart and, as requested, a copy is enclosed for your files.
Please feel free to contact William Huber, Engineering and Building Director, at
443-6336 is you need any additional information.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosure
cc: Engineering and Building Director
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171