Resolution Number 97-12-16-2RESOLUTION NO. 97-12-16-2
APPROVING RECREATIONAL TRAIL MAINTENANCE AGREEMENT -
TRACT 6381, LOTS 26 - 30 (PICKETT/JANNARDI
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A RECREATIONAL TRAIL
MAINTENANCE AGREEMENT FOR A RECREATIONAL FEEDER TRAIL
SERVING LOTS 27 AND 28 OF TRACT 6381, STONERIDGE ESTATES, SAID
TRAIL BEING LOCATED WITHIN LOTS 26, 29 AND 30 OF TRACT 6381
(PICKETT/JANNARD)
WHEREAS, the City of San Juan Capistrano is the holder of an easement for hiking
and equestrian purposes within Lots 26, 29 and 30 of Tract 6381; and,
WHEREAS, due to the limited use by the public of said feeder trail, the City desires
to transfer maintenance to the properties benefitting from said feeder trail; and,
WHEREAS, the benefitting property owners of Lots 27, Martin Pickett, and 28,
Pamela Jannard, of Tract 6381 have executed the subject Recreational Train Maintenance Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
1. The City Council hereby approves the Recreational Trail Maintenance
Agreement, attached as Exhibit "A" and made a part hereof.
2. The City Council hereby authorizes the Mayor and City Clerk to ex -cut- this
Resolution and the Recreational Trail Maintenance Agreement.
3. The City Council hereby directs the City Clerk to forward the Recreational
Trail Maintenance Agreement to the Orange County Recorder's Office.
PASSED, APPROVED, AND ADOPTED this
December 11997.
ATTEST:
CITY CLE
16th
day of
GIL JONES, MAYOR
259
260
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
97-12-16-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 16th day of December 1997, by the
following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHMA JO ON ITY CLERK
-z-
261
Recorded at the Request of and Return to:
CITY CLERK'S OFFICE
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
.P1T1-�-u.�ll►�
/s/ Ch er,N / C&�
CHERYL JO SON, CITY CL RK
CITY OF SAN JUAN CAPISTRANO
Mailing address/legal description of benefiting property owners:
Mr. Martin Pickett, 30115 Hillside Terrace, SJC, CA 92675
AP #650-251-01, Lot 27, Tract 6381
Ms. Pamela Jannard, 30111 Hillside Terrace, SJC, CA 92675
AP #650-282-04, Lot 28, Tract 6381
Mailing address/legal description of underlying property owners:
Mr. & Mrs. William Arsenault, 27301 Viewpoint Circle., SJC, CA 92675
AP #650-282-05, Lot 26, Tract 6381
Mr. David Larsen, 30105 Hillside Terrace, SIC, CA 92675
AP #650-282-03, Lot 29, Tract 6381
Mr. Howard Cunningham, 30101 Hillside Terrace, SJC, CA 92675
AP #650-282-02, Lot 30, Tract 6381
RECREATIONAL TRAIL MAINTENANCE AGREEMENT
TRACT 6381, LOTS 26, 27, 28, 29 AND 30
This Agreement is entered into this 16th day of December, 1997, by and between the CITY OF SAN
JUAN CAPISTRANO, herein referred to as "City", and Mr. Martin Pickett and Ms. Pamela Jannard,
herein referred to as "Benefiting Property Owners".
WITNESSETH:
WHEREAS, the City is the holder of a certain equestrian/hiking easement for feeder trail
purposes within Lots 26, 29 and 30 of Tract 6381 recorded with the Orange County Recorder in
Book 433, pages 6 through 15, said easement being revised and recorded with the Orange County
Recorder as Document No. 85-278191, attached herein as Exhibit 1; and,
WHEREAS, it is presently City policy that feeder trails be maintained by the underlying
Homeowners' Association or private property owners benefiting from said feeder trail, and;
262
Recreational Trail Maintenance Agreement
Page 2
WHEREAS, the City has agreed to replace trail fencing, repair existing erosion damage and
improve said trail to a usable condition with the understanding that the present and future Benefiting
Property Owners of Lots 27 and 28 will maintain said feeder trail in perpetuity.
NOW, THEREFORE, City and Benefiting Property Owners mutually agree as follows:
SECTION 1. City Obligations. City agrees to perform the following maintenance and repair
functions with respect to the trail easement area identified on Exhibit 1 within
sixty (60) days from the effective date ofthis Agreement in transitioning
future repair and maintenance functions, as set forth herein to Benefiting
Property Owners:
City shall:
(a) Repair all fencing in such a manner that the subject equestrian trail
shall be fully fenced with a two -rail lodgepole system on both sides of
the trail except at access points, as requested by the underlying
property owners.
(b) Repair any erosion damage within the trail area.
(c) Maintain/repair erosion damage for a period of one year commencing
from the date noted in the first paragraph of this Agreement.
(d) Remove any existing vegetation in the trail area.
In addition, the City shall conduct an inspection of the -sail area with
Benefiting Property Owners when the repair activity is completed for the
purpose of having Benefiting Property Owners acknowledge that the trail,
with improvements, is in good working order.
SECTION 2. Benefiting Prop= Owners' Obligations. Benefiting Property Owners shall:
(a) Perform maintenance and repair activities on the subject equestrian
trail upon their acknowledgment that the trail is in a good state of
repair which said acknowledgment shall occur within the sixty (60)
day period set forth above.
Maintenance and repair activities shall consist of maintaining the two -
rail lodgepole fence system in good working order, removal of
vegetation from the trail area at least three (3) times per year, and
repairing any erosion activity or damage to the trail from trail usage.
263
Recreational Trail Maintenance Agreement
Page 3
(b) Mutually share a fifty-fifty (50-50) financial obligation in performing
the maintenance and repair obligations set forth in subpart (a) above.
(c) Individually maintain homeowner's insurance, or other appropriate
insurance in an amount of, not less than, Three Hundred Thousand
Dollars ($300,000) per occurrence with respect to potential personal
injury or property damage liability events that might occur in the
course of maintenance and usage of this trail area.
Each Benefiting Property Owner shall present an insurance certificate
to the City verifying that such insurance is in place within ten (10)
days from date of approval of this Agreement.
SECTION 3. Hold Harmless. City shall indemnify, save, and defend Benefiting Property
Owners harmless from and against any and all claims, demands, suits, actions
or proceedings of any kind or nature, for damages to property or injuries to
or death of any persons arising out of City's performance of its obligations
under this Agreement.
Benefiting Property Owners shall indemnify, save, and defend City, its elected
and appointed officials and employees harmless from and against any and all
claims, demands, suits, actions or proceedings of any kind or nature, for
damages to property or injuries to or death of any persons arising out of
Benefiting Property Owners' performance of their obligations under this
Agreement.
SECTION 4. Covenant Running With the Land. Benefiting Property Owners agree that this
Agreement shall run with the land and bind all of Benefiting Property Owners'
successors, assigns and heirs.
SECTION 5. Entire Agreement. This Agreement contains the entire agreement of the
parties hereto with respect to the matters covered hereby, and no other
previous agreement, statement or promise made by any party hereto which is
not contained herein shall be binding or valid.
SECTION 6. Remedies.
(a) Disputes. In the event of a dispute arising between the parties
regarding performance or interpretation of this Agreement, the dispute
shall be resolved by binding arbitration under the auspices of the
Judicial Arbitration and Mediation Service ("JAMS").
264
Recreational Trail Maintenance Agreement
Page 4
(b) Attomgys' Fees. If any action ail law or in equity is necessary to
enforce or interpret the terms of this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees, costs and necessary
disbursements in addition to any other relief to which he may be
entitled.
IN WITNESS WHEREOF, the parties have executed this Agreement as to the date first written
above.
CITY OF SAN JUAN CAPISTRANO:
Gil Jones
Gil Jones MAYOR
ATTEST:
/c/ ('h Prvi .Tnh"nn
CHER JYL OHN OS N, CITY CLERK
APPROVED AS TO FORM:
/s/ John Shaw
JOHN SHAW, CITY ATTORNEY
BENEFITING PROPERTY OWNERS:
MARTIN PICKETT, OWNER LOT 27
RECUR; c•.1 d: Uie reque,�: ut. Docume^�-
Ind rer,yrn to -
'Ind �6$
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+ �Urt to
CITY CLERK'S OFFICE eEXEMPT i
City of San Juan Capistrano C7 Govert_—.. ,, „103
32400 Paseo Adelanto
San Juan Capistrano. California 92675 Mary Ann HAo er, Ci y Clerk '
85-278191
CC San Juan apistrano, California
LO�FORANGE
UED IN OFFICIAL RECORDS
COUNTY CALIFORNIAg PM JUL 29'85PPrroject No.PLOject:O COUNTY W�u� FEI.�MDEN
Parcel No. Tract 6381 Lots 26, 29;' 30
EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JUDITH A. AND LAURENCE D. KNUTSON, CHARLES A. AND MARY A. ROBERTS,
ANTHONY M. AND KATHLEEN M. GARCIA, C. DEAN STEWART AND RONALD W. CASE
do hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, _ a perpetual easement and right of way for
Equestrian/Hiking Trail purposes in, on and over the real property in the City
San Juan Capistrano, County of Orange'State of California, described as:
shown in Exhibit A (attached)
By
Lot 30, Tract 6381 RONALD W. CASE
266 i
EXHIBIT "A"
LEGAL DESCRIPTION OF
EQUESTRIAN EASEMENT
Those portions of Lots 26, 29 and 30 of Tract No. 6381 in the City of San
Juan Capistrano, County of Orange, State of California, as shown on a
map filed in Book 443, Pages 5 through 15, inclusive, of Miscellaneous
Maps in the office of the County Recorder of said County described as
follows:
Parcel 1
A strip of land 10.00 feet wide, the southerly and westerly lines described
as follows:
Beginning at the Southwest corner of said lot 30; thence Easterly along the
Southerly line of said lot 30 North 89036'00" East, 292.31 feet; thence
leaving said Southerly line South 0036'00" West, 126.94 feet; to the beginning
of Course "A"; thence along Course A South 43°46'00" East 36.22 feet; thence
North 80°00'00" East 159.25 feet; thence South 89°30'00" East 52.90 feet;
thence North 88°24'00" East 110.80 feet to a point in the Easterly line of
said lot 26 that bears South 24°34'00" East 10.05 feet from the Northerly
terminus of that certain course in said Easterly line shown as "N24°34'00"W
137.03"'.
The sidelines of said strip are to be prolonged or shortened so as to begin
in the Westerly line of said lot 30 and to terminate in the Northerly and
Easterly lines of said lot 26.
Fel
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8��-2'78191,
Parcel 2
That portion of said lot 26 lying Southwesterly of a line that is parallel
with and distant Northeasterly 18.50 feet from the hereinabove Course
"A" described in Parcel 1; bounded on the Northwest by the Easterly line
of hereinabove described Parcel 1 and bounded on the Southeast by the
Northerly line of hereinabove described Parcel 1.
All as more particularly shown on a map "Exhibit B"; attached hereto and
by reference made a part hereof.
�n 1,dz"
Leonard C. Stiles
L.S. 5023
W-109
F01-100-08
March 28, 1985
Revised April 3, 1985
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