Resolution Number 95-1-17-2RESOLUTION NO.
95-1-17-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING THE PEPPERTREE BEND
RECREATIONAL TRAIL ACCESS AGREEMENT WITHIN A PORTION OF
LOTS A, B AND C OF TRACT 10593 (BEAR BRAND RANCH)
WHEREAS, the City has established a recreational trail system within the City limits;
and,
WHEREAS, the subject Agreement will allow public access to an improved,
privately -owned General Plan trail; and,
WHEREAS, the Bear Brand Ranch Homeowners Association has approved the
Recreational Trail Access Agreement, attached hereto as Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1.
That the Recreational Trail Access Agreement for the Peppertree Bend Trail is hereby
approved and accepted.
SECTION 2.
That the Mayor and City Clerk are hereby authorized to execute the Agreement.
SECTION 3.
That the City Clerk is hereby directed to forward the Agreement to the Orange County
Recorder's Office for recordation.
PASSED, APPROVED, AND ADOPTED this 17th day of
January , 1995.
ATTEST:
NEW
C OLYN RASH, MAYOR
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025
026
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.
95-1-17-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 17th day of January 1995, by the
following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHIVS09, CITY CLERK
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Recreational Trail Access Agreement
Lots A, B and C, Tract 10593
Page 1
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
Documentary Transfer Tax:
No Tax Due
Recording Requested Per Government
Code Section 6301
CHERYL JOHNSON
CITY CLERK, CITY OF SAN JUAN CAPISTRANO
027
Lot A, Tract 10593
AP # 649-331-01, 649-342-01
Lot B, Tract 10593
AP # 649-351-01
Lot C, Tract 10593
AP ff 673-391-12
RECREATIONAL TRAIL ACCESS AGREEMENT
TRACT 10593, LOTS A, B AND C
This agreement is entered into this A� day of 61tt—, 1994, by and between
the City of San Juan Capistrano, hereinafter referred to as "City" and Bear Brand Ranch
' Community Association whose address is: c/o Villageway Management, Inc., Attention:
Betty Riley, P.O. Box 4708, Irvine, CA 92716, hereinafter referred to as "BBRCA".
WITNESSETH
WHEREAS, the BBRCA is the owner of a private recreational trail within Lots
A, B and C of Tract 10593 (as shown on Exhibit "A", attached herein); and
WHEREAS, the City desires to have access rights for public use of said
Recreational Trail.
NOW, THEREFORE, the City and BBRCA agree as follows:
1. The City agrees to hold BBRCA harmless from any and all claims and
liabilities which may arise out of the public use of the recreational trail
located within Lots A, B and C, except those claims and liabilities resulting
from or arising out of the negligent acts or omissions of BBRCA.
2. The City agrees to assume maintenance responsibilities for the recreational
trail area only within Lots A, B and C. Said maintenance shall be limited to
fence, sign, barricade and erosion repair and weed control. BBRCA agrees to
retain maintenance responsibilities of the landscaped areas outside the trail
area within Lots A, B and C.
3. This agreement will be binding on all heirs, assignees or successors in
' interest of Lots A, 11 and C.
1]
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Recreational Trail Access Agreement
Lots A, B and C, Tract 10593
Page 2
ATTEST:
CHERYL JOHNSON,
CITY CLERK
APPROVED AS TO FORM:
L(-- --- e-- --- -- -- --------
RICHARD K. DENHALTER
CITY ATTORNEY //rJgS ,
CITY OF SAN JUAN CAPISTRANO
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CAROLYN NAS11
MAYOR
BEAR BRAND RANCH COMMUNITY
ASSOCIATION
l�
BOYD DAVIS,
PRESIDENT BBRCA (NOTARIZED)
CAROL STEED,
SECRETARY, BBRCA (NOTARIZED)
029
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