Resolution Number 93-7-6-173
RESOLUTION NO. 93-7-6-1
' ACCEPTANCE OF HIKING/EQUESTRIAN TRAIL EASEMENTS AND
APPROVAL OF LAND USE RESTRICTION. ARCHITECTURAL CONTROL 88-5
(CREEKSIDE EQUESTRIAN CENTER/GATEM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING A HIKING/EQUESTRIAN TRAIL
EASEMENT DEED AND APPROVING A LAND USE RESTRICTION FOR
ARCHITECTURAL CONTROL 88-5 (CREEKSIDE EQUESTRIAN/GATES)
WIIEREAS, Condition No. 10 of Planning Commission Resolution No. PC 91-1-22-2 requires
the referenced project to dedicate and install certain trail improvements; and,
WHEREAS, the property owner is further conditioned to enter into a Land Use Restriction
for the future improvement of a trail adjacent to Avenida Siega.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan
Capistrano as follows:
SECTION 1. That the trail easements described and shown on Exhibits "A" and "B" of the
Hiking and Equestrian Trail Easement Deed, attached herein for reference, are hereby accepted.
SECTION 2 That the Land Use Restriction, requiring future installation by the owner of
the trail section adjacent to, and as a result of improvement of, Avenida Siega, is hereby approved.
SECTION 3. That the City Manager is hereby authorized to execute the Land Use
Restriction.
SECTION 4. That the City Clerk is directed to forward the Easement Deed and Land Use
Restriction to the County Recorder of the County of Orange for Recording.
PASSED, APPROVED, AND ADOPTED this 6th day of July
1993.
ATTEST:
-1-
MAYOR
3741-
STATE
'74"
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. 93-7-6-1
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held
on the 6th day of July , 1993, by the following vote:
AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and
Mayor Jones
NOES:
None
ABSTAIN:
None
ABSENT:
None
CHERYL JOHN90N,!T
-2-
' Recorded at the Request ofand 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 6103
CHERYLJOHNSON
CITY CLERK Project:
Creekside Equestrian/Hiking Trail
CITY OF SAN JUAN CAPISTRANO Parcel No.:
664-111-04, 664-111-06
Lot:
2, 3
Tract:
13101
Address:
28801 San Juan Creek Road
San Juan Capistrano, CA 92675
HIKING AND EQUESTRIAN TRAIL EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
EQUESTRIAN LIMITED
does hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, a perpetual easement and
right-of-way for hiking and equestrian trail purposes in, on and over the real property in the City of
San Juan Capistrano, County of Orange, State of California, described in Exhibit A and shown on
Exhibit B, both attached hereto and made a part hereof.
BY:
CREEKSIDE EQUESTRIAN CENTER, INC.,
GENERAL PARTNER
DATE: �n�943
3"76:4
EXHIBIT "A"
BEING TWO (2) EASEMENTS FOR HIEING AND EQUESTRIAN PURPOSES, OVER,
UNDER, ALONG, ACROSS AND THROUGH PORTIONS OF LOTS 2 AND 3 OF
TRACT NO. 13101, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOR
588, PAGES 27 THROUGH 30, INCLUSIVE., OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; SAID EASEMENTS
MORE PARTICULARLY DESCRIBED AS FOLIAWS:
EASEMENT 1
BEING A TWENTY (20.00) FOOT WIDE EASEMENT, THE CENTERLINE OF
WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY CORNER OF SAID LOT 2 AND ALSO BEING THE
SOUTHERLY CORNER OF SAID IAT 3; THENCE, ALONG THE SOUTHEASTERLY
LINE OF SAID IAT 2, SOUTH 55.19100" WEST, 9.50 FEET TO THE POINT
O! BEGINNING;
THENCE, TRAVERSING THE INTERIOR OF SAID LATS 2 AND 3, THE
FOLLOWING TWO (2) COURSES:
1) NORTH 64'17'20" WEST, 67.04 FEET;
AND 2) NORTH 31'34151" WEST, 289.25 FEET TO THE NORTHWESTERLY _
LINE OF INSTRUMENT NO. 87-664846 AND ALSO BEING THE
SOUTHEASTERLY LINE OF INSTRUMENT NO. 88-445030, BOTH '
OFFICIAL RECORDS OF SAID COUNTY.
BEING THE SOUTHEASTERLY TEN (10.00) FEET OF SAID LOT 2.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "8" ATTACHED HERSTO AND
HEREBY MADE A PART HEREOF.
MA192LYN BROOKS, L.S. 5831
DECEMBER 9, 1992
10549.00 (298)
377
' EXHIBIT "B"
BEING A PORTION OF LOTS 2 AND 3. TR. NO. 13101. M.M. 58B / 27-30.
IN THE CITY OF SAN JUAN CAPISTRANO. COUNTY OF ORANGE.
STATE OF CALIFORNIA
HIKING AND EQUESTRIAN EASEMENT
LOT f 3 1
SE'LY LINE [MST
NO. 56-445030
LOT ; 2
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9
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67 7.0 M
N 64. �T '
N9'LY LINE INST
NO. 67-664646
10
11`x-4 SIEGA
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sweat
ilAKLYTA BROOKS. L.S. 5631
SEE DETAIL 'A'
SCALE: 1' • 150'
DETAIL 'A'
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LOT 3
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LOT 2 8
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S'LY COR.
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LOT 3
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OT 2 /
SCALE, 1 30'
THE
KEITH
CO
COMPANIES
2596 RED HILL AVE. C091A MESA. CA. 92995
1710 540-090D
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 fees exempt due to
Government Code Sec. 6103
Cheryl Johnson, City Clerk
City of San Juan Capistrano
LAND USE RESTRICTION
Orange County Assessor's Parcel No. 664-111-04
Lot 2, Tract 13101
28801 San Juan Creek Road, San Juan Capistrano
This land use restriction is entered into by and between the City of San Juan
Capistrano, hereinafter referred to as "City", and Creekside Equestrian Limited,
hereinafter referred to as "Property Owner".
Whereas, City issued an Architectural Approval (AC 88-5) for an equestrian
center known as Creekside Equestrian Center, Inc., 28801 San Juan Creek Road, San Juan
Capistrano, CA 92675; and
Whereas, Condition 10 of Planning Commission Resolution 91-1-22-2 requires
Property Owner to record a deed restriction relating to a future 10 -foot wide equestrian
trail to be Iocated on the easterly side of Avenida Siega.
NOW, THEREFORE, City and Property Owner mutually agree as follows:
Section 1.
That upon commencement of construction for the Avenida Siega bridge
crossing, San Juan Creek, the Property Owner shall dedicate and improve a I0 -foot -wide
hiking/equestrian trail located within Lot 2 of Tract 13101, parallel with and
immediately east of the most westerly boundary of Lot 2 of Tract 13101
Section 7 -
The above stated land use restriction shall constitute a restriction against use
of Assessor's Parcel No. 666-111-04 and shall be binding upon all successors in interest,
heirs and assigns of Property Owner. '
Section 3.
City reserves the right to enforce the use restrictions provided herein.
Dated: ,kia.,Lj 5 , 1993.
STATE OF CALIFORNIA)
\\ ) ss.
COUNTY OF OR GE )
On this dayN
Public, appeared George
executed the within instrt
entity therein named, and
of the City.
WITNESS my hand and official seal.
STATE OF
ss.
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
/5� Gj SCa-r�D�dVG/il
George Scarborough, City MAifager
1993, before me the undersigned Notary
personally known to me to be the person who
Manager of the City of San Juan Capistrano, the
to me that he executed the instrument on behalf
Notary's Signature
CREEKSIDE EQUESTRIAN LIMITED
lana L. Gates, rest ent
Creekside Equestrian Center, Inc.
General Partner
On this day of 1993, before me the undersigned Notary Public
appeared Diana L. Gates, person nown to me (or proved to me on the basis of
satisfactory evidence) to be the person se name is subscribed to this instrument and
acknowledged that she executed it.
Notary's Signature