Loading...
Resolution Number 92-4-7-4137 RESOLUTION NO. 92-4-7-4 F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A USE AGREEMENT FOR RECREATIONAL TRAIL PURPOSES WHEREAS, the City desires to connect its open space lands along the northwest ridgeline with the recreational area along Trabuco Creek; and, WHEREAS J. F. Shea Company, Incorporated, has granted a Use Agreement across their property for recreational trail use. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby accept said Agreement as described and shown on Exhibit 1, attached hereto for reference. BE IT FURTHER RESOLVED, that the City Clerk is directed to forward said Agreement to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 7th day of ADril , 1992. ATTEST: /� 4 A V �. -- .PLL--JOKES—,MAYOR -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, 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. 92-4-7-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of April , 1992, by the following vote: AYES: Councilmen Friess. Harris, Vasquez and Mayor Jones NOES: None ABSTAIN: Councilman Hausdorfer ABSENT: None (SEAL) 0 CHERYL JOUNSOPI, CITY CLER -2- coo EXHIBIT 1 RECORDED REQUESTED BY 139 AND WHEN RECORDED RETURN TO: Steven C. Nock, Esquire SHEPPARD, MULLIN, RICHTER & HAMPTON 4695 MacArthur Court, 7th Floor Newport Beach, California 92660 SPACE ABOVE FOR RECORDER'S USE ONLY Documentary Transfer Tax: Not Applicable. CONSENT TO USE LAND UNDER CIVIL CODE 6 813 NOTICE: THE RIGHT OF THE PUBLIC OR ANY PERSON TO MAKE ANY USE WHATSOEVER OF THE PROPERTY (AS DEFINED HEREINBELOW) OR ANY PORTION THEREOF (OTHER THAN ANY USE EXPRESSLY ALLOWED BY A WRITTEN OR RECORDED MAP, AGREEMENT, DEED OR DEDICATION) IS BY PERMISSION, AND SUBJECT TO CONTROL, OF THE OWNER, PURSUANT TO § 813 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA. J.F. SHEA CO., INC., a Nevada corporation ("Shea") and the City of San Juan Capistrano, a municipal corporation ("City"), hereby make the following agreements and declarations: 1. Shea hereby declares that (i) it is the holder of record title to the real property described on Exhibit A attached hereto (the "Property"), and (ii) pursuant to California Civil Code § 813, Shea hereby consents to the public use of a recreational trail over that portion of the Property described on Exhibit B and shown on Exhibit C attached hereto (the "Recreational Trail"). Further, Shea gives the City permission to install improvements within the Recreational Trail in accordance with the improvements specifications attached as Exhibit D hereto. 2. All costs of installing and maintaining the Recreational Trail improvements shall be borne by the City. The City shall have responsibility for the maintenance and policing of the Recreational Trail, and shall indemnify, defend, protect and hold harmless Shea, and Shea's partners, shareholders, officers, employees and affiliated persons or entities from and against any and all claims, suits, judgments, liabilities or losses of any nature (including without limitation, reasonable attorneys fees of counsel approved by Shea and costs of suit) arising from or related to the installation, maintenance and policing of the Recreational Trail or the use of the Recreational Trail by the general public. N\Z024644E.NAG 111391 1 3. This consent may be revoked by the unilateral recordation of a notice of revocation by Shea (or by any successor owner of the Property), without the necessity of the signature or consent of the City, in the official records of the Orange County Recorder's Office, and upon the recordation of such a notice of revocation this consent shall conclusively be deemed revoked and of no further force or effect. City shall remove all improvements to the Recreational Trail within 30 days after Shea delivers a copy of the notice of revocation to the City at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675, Attn: City Manager. Title to any improvements remaining after such 30 day period shall be deemed automatically transferred to Shea, and City hereby releases Shea of and from any claims relating to such improvements or the disposal thereof. Shea covenants to the City not to record a revocation of this consent (i) unless the City fails to install the Recreational Trail improvements by June 1 , 1902, or (ii) if the City timely installs the improvements, until the earlier to occur of (x) January 1 , 1995, or (y) Shea proposes to any governmental authority having jurisdiction over the development of the Property a plan of development for all or any portion of the Property (which is currently undeveloped). if the City contests Shea's right to revoke this consent, the City's sole and exclusive remedy shall be an action for monetary damages for breach of covenant, and the City hereby waives any right to bring any action alleging any right, title or interest in the Property pursuant to this consent, and agrees to indemnify Shea or any successor owner of the Property, for any damages, liabilities or losses arising from such an action. 4. Neither this consent, any covenants or agreements contained herein or any public or private use of the Property pursuant hereto, shall create expressly, by implication or prescription, or in any other manner, any right, title or interest of the public or any public or private entity or person in or to the Property. The rights and obligations arising under this document shall inure to the benefit of and be binding on the successors and assigns of Shea and the City. N\Z02464AE.NAG _ 111391 �2 IN WITNESS WHEREOF, the parties have executed this document as of the dates stated in the respective notaries below: "SHEA": J.F. SHEA CO., NC., a Nevada corporat}on By epi (Print Name and Title] "CITY": City of San Juan Capistrano, a municipal corporation By /s/ Gil Jones Mayor (Print Name and Title] N\Z024644E.NAr 111391 -3- ACKNOWLEDGEMENT STATE OF CALIFORNIA ss. COUNTY OF LoS On t — `j — , 1991, before me, a Notary Public of the State of California, personally appeared w " f , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by-is/her signature on the instrument such person, or the entities upon behalf of which such person acted, executed the instrument. WITNESS my hand and official seal. Signature �s�L r.\ �'-�-- _ (Seal) SHEDCM W#= Notoy NWo•Cditmla ACKNOWLEDGEMENTI a June 22. {994 LOS ANGELES COUNIV My ComMulon ftku STATE OF CALIFORNIA ) ss. COUNTY OF ) On , 1991, before me, , a Notary Public of the State of California, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument such person, or the entities upon behalf of which such person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) N\Z024644E.NAG 111391 -4- EXHIBIT A DESCRIPTION OF PROPERTY 1 143 Assessors Parcel # 121-070-30, as shown on a Record of Survey recorded in Book 53, Page 18 of Miscellaneous Maps, with the Orange County Recorders Office. SBEA RECRZATIOIML TRAIL CITY OF SAH JUM CAPISTRANO, CALIPORNIA A strip of land, 30.00 feet in width, 15.00 feet each side of the following described centerline; Beginning at the Northwest corner of section 1, Township 8 South, Range 8 West, San Bernardino Base and Meridian, thence North 0.07134" West along the Westerly line of Section 36, Township 7 South, Range 8 West 5.73 feet to the True Point of Beginning; Thence departing said Westerly line South 46.28103" East 114.29 feet; thence South 53.26115" East 92.16 feet; thence South 47'58'22" East 69.24 feet; thence South 58'03131" East 104.12 feet; thence South 51011132" East 144.41 feet; thence South 48'25157" East 125.96 feet to the beginning of a tangent curve concave to the Northwest having a radius of 37.50 feet; thence Southeasterly, and Northwesterly 107.25 feet along said curve through a central angle of 163'52106"; thence North 32'18103" West 94.21 feet; thence North 7.47'02" West 325.30 feet to the beginning of a tangent curve concave to the East having a radius of 130.00 feet; thence Northerly 62.33 feet along said curve through a central angle of 27.28113" to the beginning of a compound curve concave to the South having a radius of 20.00 feet; thence Northerly, and Southerly 51.97 feet along said curve through a central angle of 148'53115"; thence South 11'25126" East 39.88 feet to the beginning of a tangent curve concave to the Northeast having a radius of 345.00 feet; thence Southerly and Southeasterly along said curve 322.46 feet through a central angle of 53.33109"; thence South 64058135" East 251.90 feet; thence South 89038146" East 47.38 feet; thence South 65046123" East 215.35 feet to the beginning of a tangent curve concave to the Southwest having a radius of 45.00 feet; thence Southeasterly along said curve 35.41 feet through a central angle of 45'05119"; thence South 21600134" East 53.65 feet to the beginning of a tangent curve concave to the West having a radius of 45.00 feet; thence Southerly along said curve 27.18 feet through a central angle of 34'36044"; thence South 13'36110" West 12.92 feet to the beginning of a tangent curve concave to the Northeast having a radius of 20.00 feet; thence Southerly and Easterly along said curve 36.18 feet through a central angle of 103038144"; thence North 89.57026" East 36.71 feet to the beginning of a tangent curve concave to the West having a radius of 15.00 feet; thence Easterly, Southerly, and Southwesterly along said curve 34.30 feet through a central angle of 131001140"; thence South 40.59106" West 77.06 feet to the beginning of a tangent curve concave to the East having a radius of 30.00 feet; thence Southwesterly and Southeasterly along said curve 47.39 feet through a central angle of 90030148"; thence South 49631142" East 19.16 feet to the Southeasterly property line which bears North 64015140" East 212.55 feet as shown on Record of Survey No. 79-1118, recorded EXHIBIT "B" PAGE 1 OF 2 DESCRIPTION OF RECREATIONAL TRAIL SBEA RECRZATIOIML TRAIL CITY OF SAH JUM CAPISTRANO, CALIPORNIA A strip of land, 30.00 feet in width, 15.00 feet each side of the following described centerline; Beginning at the Northwest corner of section 1, Township 8 South, Range 8 West, San Bernardino Base and Meridian, thence North 0.07134" West along the Westerly line of Section 36, Township 7 South, Range 8 West 5.73 feet to the True Point of Beginning; Thence departing said Westerly line South 46.28103" East 114.29 feet; thence South 53.26115" East 92.16 feet; thence South 47'58'22" East 69.24 feet; thence South 58'03131" East 104.12 feet; thence South 51011132" East 144.41 feet; thence South 48'25157" East 125.96 feet to the beginning of a tangent curve concave to the Northwest having a radius of 37.50 feet; thence Southeasterly, and Northwesterly 107.25 feet along said curve through a central angle of 163'52106"; thence North 32'18103" West 94.21 feet; thence North 7.47'02" West 325.30 feet to the beginning of a tangent curve concave to the East having a radius of 130.00 feet; thence Northerly 62.33 feet along said curve through a central angle of 27.28113" to the beginning of a compound curve concave to the South having a radius of 20.00 feet; thence Northerly, and Southerly 51.97 feet along said curve through a central angle of 148'53115"; thence South 11'25126" East 39.88 feet to the beginning of a tangent curve concave to the Northeast having a radius of 345.00 feet; thence Southerly and Southeasterly along said curve 322.46 feet through a central angle of 53.33109"; thence South 64058135" East 251.90 feet; thence South 89038146" East 47.38 feet; thence South 65046123" East 215.35 feet to the beginning of a tangent curve concave to the Southwest having a radius of 45.00 feet; thence Southeasterly along said curve 35.41 feet through a central angle of 45'05119"; thence South 21600134" East 53.65 feet to the beginning of a tangent curve concave to the West having a radius of 45.00 feet; thence Southerly along said curve 27.18 feet through a central angle of 34'36044"; thence South 13'36110" West 12.92 feet to the beginning of a tangent curve concave to the Northeast having a radius of 20.00 feet; thence Southerly and Easterly along said curve 36.18 feet through a central angle of 103038144"; thence North 89.57026" East 36.71 feet to the beginning of a tangent curve concave to the West having a radius of 15.00 feet; thence Easterly, Southerly, and Southwesterly along said curve 34.30 feet through a central angle of 131001140"; thence South 40.59106" West 77.06 feet to the beginning of a tangent curve concave to the East having a radius of 30.00 feet; thence Southwesterly and Southeasterly along said curve 47.39 feet through a central angle of 90030148"; thence South 49631142" East 19.16 feet to the Southeasterly property line which bears North 64015140" East 212.55 feet as shown on Record of Survey No. 79-1118, recorded EXHIBIT 'B' PAGE 2 OF 2 DESCRIPTION OF RECREATIONAL TRAIL in Book 101, Page 8, Records of Survey, Orange County California. Said sidelines being lengthened or shortened to meet the Westerly boundarys of said Sections 1 and 36 and said Southeasterly property line. A strip of land 30' in width lying entirely Northwesterly and Northerly of the following described line; Beginning at the most Southeasterly corner, noted as "Z-8", of the property shown on sheet S. Record of Survey 79-1118 recorded in Book, 101 Page 8 Records of Survey of Orange County California, being a point on the non -tangent curve concave to the Southeast having a radius of 80.00 feet; thence Northeasterly along said curve and Southeasterly property line 33.88 feet through a central angle of 24.16105"; thence along said property line North 38.18140" East 813.43 feet; thence North 64015140" East 212.55 feet; thence South 80.35103" East 101.51 feet to an angle point in said property line. Said sideline being lengthened or shortened to meet the Southerly and Easterly property lines. shea.lgl SHEA TRAIL RECREATION TRAIL EASEMENT SAN JUAN CAPISTRANO, CALIFORNIA TPOB 1 1 1 \ 1 / POB ♦\�, 1 `\ ` / N ` ` / SCALE 1' 150' Q ` 1 I `♦ 1 LINE DATA CURVE DATA O REARING DISTANCE OA N00'07.34 -V 5.73' OB S53'26'13'E 92.16' © S47'58'22'E 69.24' 0 NOT USED 53.33'09' EO SII'25'26'E 39.88' QF S09.38'46'E 47.38' © S21'00'34'E 53.65' OH S13'36'10'V 12.92' O N89'57'26'E 36.71' KO S40'59'06'V 77.06' © S49'31'42'E 19.16' ON S80'35'0: PARCEL 2 PARCEL PARCEL 2 POB 4' »•n•m 45 m m m m D Z a r —1 m D r P�/ CURVE DATA O DELTA RADIUS LENGTH IQ 163'52'06' 37.5D' 107.25' 20 148'53'15' 20.00' 51.97' Q3 53.33'09' 345.00' 322.46' Q 45'D5'19' 45.00' 35.41' Q 34'36'44' 45.00' 27.10' © 103'30'44' 20 W 36.16' Q 131'01'40' 15.00' 34.30' Q 90'30'48' 30.00' 47.39' 24'16'05' 80.00' 33.88' PARCEL 2 POB 4' »•n•m 45 m m m m D Z a r —1 m D r P�/ � 1z± 7 EXHIBIT D RECREATIONAL TRAIL IMPROVEMENTS SPECIFICATIONS Trail shall be installed per the City "Hiking and Equestrian Trail Design Manual" with the exception of the fencing standard. Fencing shall consist of four strand smooth or barbed wire supported by pena-treated wood posts Trail shall be fenced at a minimum of 20' in width and a maximum of 30'. Access gates shall be installed at locations approved by the property lessee. All rutting caused by erosion shall be filled, creating a smooth trail surface. Switchbacks shall be constructed at no more then 10% grade unless otherwise reviewed and approved by the Recreational Trails Commission and the property owner. Motorcycle barriers, maintenance vehicle access gates and "No motorized Vehicles" signs shall be installed at both access points to the trail.