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Resolution Number 96-5-21-2081 RESOLUTION NO. 96-5-21-2 ACCEPTANCE OF RECREATION1 ► r MAINTENANCE_ 111 L1iI_ HOME ESTATES/HUNT CLUB COMMUNITY ASSOCIATION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A RECREATIONAL TRAIL "EASEMENT AND MAINTENANCE AGREEMENT" FOR A TRAIL LOCATED WITHIN EL NIDO MOBILE HOME ESTATES (ASSESSOR PARCEL NO. 650- 621-01) GRANTED FROM THE HUNT CLUB COMMUNITY ASSOCIATION (TRACT 6305) WHEREAS, upon approval of Tract 6305, Hunt Club Estates, recreational trail easements were dedicated to the City; and, WHEREAS, during grading of Tract 6305, the trail easement within Lots 116, 117, and 120 through 125 of Tract 6305 were shifted westerly onto the El Nido Mobile Home Estates property; and, WHEREAS, El Nido granted to the Hunt Club Community Association an "Easement and Maintenance Agreement" for said modified trail; and, ' WHEREAS, it is a City policy that all trails be dedicated to the City; and, WHEREAS, said "Easement and Maintenance Agreement" provides for transfer from the Hunt Club Community Association to the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: The "Easement and Maintenance Agreement" attached hereto as Exhibit 1 and made a part hereof, is hereby accepted from the Hunt Club Community Association. SECTION 2. The Mayor and City Clerk are hereby authorized to execute this Resolution SECTION 3. The City Clerk is hereby directed to forward this Resolution to the Orange County ' Recorder for recordation. -1- SECTION 4. The subject trail will be subject to the conditions stated in the "Agreement Relating to the Maintenance of Equestrian/Hiking Trail in Tract 6305", recorded as Document No. 84-117589 with the Orange County Recorder. PASSED, APPROVED, AND ADOPTED this May , 1996. fuer] X WYATT T, MAYOR ATTEST: CITY CLE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 21st day of 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. 96-5-21-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day of May 1996, by the following vote: AYES: Council Members Jones, Nash, Swerdlin, Campbell and Mayor Hart NOES: None ABSTAIN: None ABSENT: None (SEAL) (,:Z CHERYL JOHN OJ , CITY CLERK -2- EXHIBIT 1U�' aK 14231P6 704 31136 RECORDED AT THE REQUEST OF, $12.00 AND RETURN TO: Allen, Matkins, Leck, Gamble & Mallory 4590 MacArthur Blvd., Suite 500 Newport Beach, California 92660 " Attention: Saul B. Pinto, Esq. RECORDED AT REQUEST OE TITLE INS. & TRUST CO. IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA s ixm.SEP 24 1981 LEE A. BRANCH, County Recorder EASEMENT AND MAINTENANCE AGREEMENT This Easement and Maintenance Agreement ("Agreement") is made and entered into this 11th day of August, 1981, by and between THE HUNT CLUB COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation ("Hunt Club") and JOHN E. PALUMBO and ESTHER A. PALUMBO, and LOUIS ::AARTIN SYLVESTER and GRACE M. SYLVESTER (hereinafter collectively "Owners"). R E C'I T A L S A. Hunt Club is charged with the management of that certain real property located in the City of San Juan Capistrano, County of Orange, State of California, more particularly described in Exhibit A attached hereto and incorporated herein by this reference, commonly known as The Hunt Club ("Hunt Club Parcel"); B. Owners are the owners of certain real property r6 '3 in the City of San Juan Capistrano, County of Orange, State of California, adjacent to the Hunt Club Parcel ("Owners' Parcel"). Located on the Owners' Parcel are two certain strips of land referred to collectively as the Equestrian Trail ("Equestrian Trail"), which Equestrian Trail is more part_cularly described in Exhibit B attached hereto and incorporated herein by this reference; C. Owners desire to grant to Hunt Club, its successors or assigns, an easement on, over and across tnat portion of the Owners' Parcel on which the Equestrian Trail lies for the free use 084 BK 1423 1 PB 705 and enjoyment thereof, as more particularly described in Paragraph 3 below. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties herein contained, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of Easement. For the exclusive purposes as set forth in Paragraph 3 below, Owners hereby grant to Hunt Club, its heirs, successors and assigns, an easement on, over and across the Equestrian Trial. 2. Indemnification. Hunt Club for itself and its heirs, successors and assigns, agrees to indemnify and hold Owners' free and harmless from and against any and all causes, claims, demands, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) incurred by reason of any injury to the person or property or both of Owners' as the result of or in connection with the use and enjoyment of the Equestrian Trail. 3. Purpose of Easement. The Equestrian Trail shall be solely and exclusively for hiking, equestrian and related recre- ational uses; provided, however, in no event shall the Equestrian Trail be used for the operation of motor vehicles. 4. Maintenance of Easement. The Equestrian Trail shall be maintained at the sole cost and expense of Hunt Club, its heirs, successors and assigns. In no event shall Owners' be -2- BK 1 4 2 3 1 PG oss 706 required to I incur any expense in the maintenance, repair and/or replacement of any portion of the Equestrian Trail. 5. Dedication to the City of San Juan Capistrano. Hunt Club, in its sole discretion, shall be entitled to offer the Equestrian Trail for dedication to the City of San Juan Capistrano, County of Orange, State of California. Owners agree to cooperate with Hunt Club in accomplishing such dedication. 6. Legal Fees. In the event any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, conditions, agree- ments or provisions arising out of this Agreement, the party in whose favor final judgment shall be entered shall be ' entitled to have and recover of and from the other party all costs and expenses of suit, including reasonable attorneys' fees. 7. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be sent by registered or certified mail, return receipt requested and shall be deemed received forty-eight (48) hours after deposit in the mail, postage prepaid, addressed to the party to receive such notice at the following address: If to Hunt Club: Hunt Club Community Association C/O Capistrano Partners 3212 Nebraska Avenue Mezz Level Santa Monica, California 90404 I If to Owners: 086 BK 14231PG 707 Notice of change of address shall be given by written notice in the same manner detailed in this Paragraph 8. S. Binding Effect. This Agreement and all provisions hereof shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, successors and assigns. 9. Miscellaneous. This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof, and there are no further or other representations, statements, warranties, agreements or understandings, written or oral, in effect between the parties hereto relating to the subject matter hereof, unless expressly set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. "HUNT CLUB" THE HUNT CLUB COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation �� s By Zed ✓ h�� I t sC/ Gr/tn�ia sy -4- vb BK 14231P6 711 EXHIBIT A LEGAL DESCRIPTION OF THE HUNT CLUB: Tract 6305 in the City of San Juan Capistrano, County of Orange, State of California Containing 134 numbered lots and lots "A" & "B" 264.037 Acres Accepted and Filed August 9,1979 at request of Title Insurance & Trust Company Orange County Records Lee A. Branch, County Recorder BASIS of BEARINGS: the centerline of Ortega Highway (Hot Springs Road) Bearing N -57'38'00•-E as shown on map of Tract No. 5592 (M.M 303/14-19, Records of Orange County, California) Eugene H. Ayer, Registered Civil Engineer No. 10035 oss' BK 1 4 2 3 1 B� 7 12 EXHIBIT "B" Easements for equestrian purposes over portions of the Southeast quarter of Section 31, Township 7 South, Range 7 hest, San Cerrardino !:eridian described as follows: Easement No. 1 A strip ot land, 20.00 feet wide, lying 10.00 feet, measured at right angles, on -each side of the following described centerline: Beginning at a point on the Westerly boundary of Lot 113 of Tract No. 6305, as shown on a map thereof recorded in Cool: 457, pages 1 to 15, inclusive, of t:iscellaneous :laps, records of Orange County, Cali- fornia, which said point of beginning bears South 00 06' 37" East, 45.00 feet from the most Northwesterly corner of said Lot 113; thence from said point of beginning !forth 300 06' 37" test, 20.0•0, feet; thence ::orth C0 06' 37" ;gest, 102.00 feet; .thence North 170 05' 37" West, 34. 0 feet; thence North 00 06' 37" West, 85.60 feet; thence North 300 06' 37" !Gest, 56.00' feet; thence.North 100 53' 23" Fast, 90.00 feet; thence '.orth 4^0 53' 23" East, 40.25 feet to a point on the Westerly boundary of Lot "A" of said Tract No. 6305, which bears North 00 OG' 37"- 1'est, 144.74 feet from the most Southwesterly corner of said Lot "A". Easement No. 2 Beginning at the most Southwesterly corner of Lot 126 of Trac; No. 6305, as shown on a map thereof recorded in Book 457, pages 1 to 15, inclusive, of Miscellaneous Glans, records of Orange County, California; thence from said point of beginning South 890 53' 23" Nest, 5.00 feet; thence North 00 OG' 37" ',:est, 503.70=feet; thence North 130 CT' 37" West, 43.54 feet; thence North 00 nG' 37" t?est, 120.00 feet; thence Porth 210 53' 23" ".ast, 53.39 feet to a point on the Westerly boundary of Lot 119 of said Tract No. G305; thence South 00 OG' 37" East, 719.37 feet to the point of beginning.