CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
(98)
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
Erich List, Senior Planner
DATE: May 7, 2024
SUBJECT: Acceptance of a Quitclaim Deed from the County of Orange for an Access Easement for Long View Park Maintenance Purposes Over a Portion of Old Ranch Road
RECOMMENDATION
Staff recommends that the City Council approve Resolution 2024-1473, as follows:
1) Accept the Quitclaim Deed from the County of Orange for the Access Easement for Long View Park Maintenance Purposes over a portion of Old Ranch Road; 2) Approve the recordation of the Quitclaim Deed;
3) Direct the City Clerk to cause a certified copy of the Resolution and Quitclaim Deed to be recorded in the Official Records of the Orange County Clerk-Recorder; and 4) Authorize the City Manager to execute any other documents necessary for the acceptance of the Quitclaim Deed and the recordation of the Resolution.
BACKGROUND
Long View Park ("Park") is owned and maintained by the City of Laguna Niguel. The Park is surrounded by a private residential community known as Bear Brand Ranch. Prior to the City's incorporation in 1989, the Park and surrounding area were located within unincorporated Orange County. Specifically, in 1981 the County was offered "Lot A" within Tract 9880 "for park purposes." Although the County did not accept the statutory offer dedication when Tract 9880 was approved, it was later accepted by the Laguna Niguel Community Services District, as the successor to the County interests, in 1989 Parcel Map 9880 also included the irrevocable offer of dedication of a number of public streets in the development, including Old Ranch Road (formerly Morning Dove); and those offers of dedication were accepted by the County. In 1984, the Orange County Board of Supervisors vacated several of those public streets, including Morning Dove, in
conjunction with the creation of the Bear Brand Ranch gated community. As part of the vacation action, the County reserved an access easement over Old Ranch Road/Morning Dove for park maintenance purposes specifically so the County and successor entities, such as the City, would be able to utilize Old Ranch Road to access the Park.
Although the offer of dedication for Lot A was transferred to the City in 1989, the access easement was not included. The access easement passes over private property owned by the Bear Branch Community Association and in order to ensure unobstructed maintenance of the Park by the City and to provide documented access rights to the Park, City staff requested a transfer of the access easement from the County to the City.
The County Board of Supervisors approved the quitclaim deed at its meeting of March 12, 2024. The Board determined that the easement is no longer necessary for County purposes and will help the City maintain the Park.
ANALYSIS
Since Bear Brand Ranch is a gated community, City maintenance staff must access Old Ranch Road and Long View Park via the community gate off of Camino Del Avion. Staff believes that accepting the access easement from the County will help protect maintenance access to the Park by the City and document City access rights to the Park.
ALTERNATIVES CONSIDERED
The City Council may decide not to accept the quitclaim deed and access easement.
Alternatively, the City Council may choose to continue the matter in the event the City Council has any questions.
FISCAL REVIEW
Acceptance of the quitclaim deed and access easement has no additional fiscal impact to the City.
LEGAL REVIEW
The City's special counsel at Richards, Watson & Gershon assisted in preparation of this report, and recommends that the City Council consider and approve the adoption of Resolution 2024-1473 (Attachment A).
CONCLUSION
Staff recommends that the City Council approve Resolution 2024-1473, as follows:
1) Accept the Quitclaim Deed from the County of Orange for the Access Easement for Long View Park Maintenance Purposes over a portion of Old Ranch Road; 2) Approve the recordation of the Quitclaim Deed;
3) Direct the City Clerk to cause a certified copy of the Resolution and Quitclaim Deed to be recorded in the Official Records of the Orange County Clerk-Recorder; and 4) Authorize the City Manager to execute any other documents necessary for the acceptance of the Quitclaim Deed and the recordation of the Resolution.
Jamas Detowneam Queto Martia
Tamara S. Letourneau
City Manager Assistant City Manager
Slate
Nicholas R. Ghirelli Jonathan Orduna
Special Counsel Community Development Director
Erich los
Erich List
Senior Planner
Attachment:
A. Resolution 2024-1473 Accepting A Quitclaim Deed from the County of Orange for an Access Easement for Park Maintenance Purposes and Authorizing Recordation
ATTACHMENT A
Resolution Accepting the Quitclaim Deed for the Access
Easement
RESOLUTION NO. 2024-1473
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA NIGUEL, CALIFORNIA, ACCEPTING A
QUITCLAIM DEED FROM THE COUNTY OF ORANGE FOR
AN ACCESS EASEMENT FOR PARK MAINTENANCE
PURPOSES AND AUTHORIZING RECORDATION
WHEREAS, on March 12, 2024, the Orange County Board of Supervisors approved and authorized the execution of a quitclaim deed to convey the County's interest in "that certain access easement for park maintenance purposes ... 'over Morning Dove' (now Old Ranch Road)" ("Quitclaim Deed"); and WHEREAS, a copy of the Quitclaim Deed is attached to this Resolution as Exhibit "A"; and
WHEREAS, Long View Park is owned and maintained by the City; and WHEREAS, the access easement conveyed by the Quitclaim Deed will confirm access to the City for maintenance of Long View Park; and WHEREAS, the opportunity exists for the City of Laguna Niguel to accept the Quitclaim Deed;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Laguna Niguel:
Section 1. The City Council hereby accepts the above-referenced Quitclaim Deed.
Section 2 The City Council hereby approves of the recordation of the Quitclaim Deed in the Official Records of the Orange County Clerk-Recorder.
Section 3. The City Clerk is directed to cause a certified copy of this Resolution to be recorded in the Official Records of the Orange County Clerk-Recorder.
Section 4. The City Manager is authorized to execute and record any other documents necessary for the acceptance of the Quitclaim Deed and the recordation of this Resolution.
PASSED, APPROVED AND ADOPTED this t day of _, 2024.
Kelly Jennings, Mayor
ATTEST:
Marissa J. Asistin, City Clerk
Resolution No. 2024-1473 Page 2
EXHIBIT A
Quitclaim Deed
WHEN RECORDED, MAIL TO:
City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, California 92677
WITH CONFORMED COPY TO:
County of Orange
County Administration Nortl
100 Civic Center Drive, 5th Floor
Santa Ana, California 92701
Attention: CEO Real Estate
SPACE ABOVE THIS LINE FOR
RECORDER'S USE
This is to certify that this document is exempt
From recording fees per Govl. Code Scc. 27383
and is exempt from Document Transfer Tax per Unincorporated Area Rev. & Taxation Code Section 11922. X Incorporated, City of Laguna Nigucl
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, the COUNTY OF ORANGE, a political subdivision of the state of California Attachinent 1 (i.e., County of Orange Resolution 84-627 dated May 2, 1984, duly recorded in the County of Orange as Instrument No. 84-200015 on May 14, 1984, including its Exhibits A and Except to the extent caused by the willful misconduct or active or gross negligence of any County Indemnified Party, the City shall at all times relieve, defend, indemnify, protect, and save harmless the County, the Board, and their respective, officers, elected and appointed officials, representatives, counsel, employees, successors and assigns (collectively, "County Indemnified Parties" and each individually, "County Indemnified Party"), from any and all claims, costs, losses, demands, damages, expenses (including, without limitation, expenses and reasonable attorneys' fees incurred in defending against the same by an attorney selected by the City and reasonably satisfactory to County) or liability whatsoever (collectively, "Claims"), to the extent arising from or caused by the ownership, location, maintenance, use, or occupation of the
Easement or any improvements erected or placed thereon by the City or its agents, officers, employees, licensees, contractors, or permittees.
The City represents and warrants to the County that the City has made its own independent inspection of the Easement and hereby accepts the interest conveyed herein in its "as-is" condition.
IN WITNESS WHEREOF, this instrument has been executed on March 13, ,2024.
GRANTOR
COUNTY OF ORANGE
By:
Chairman offhe Board of Supervisors
County of Orange, California
Approved as to Form
Office of the County Counsel ACSIMILE SIGNATURE AUTHORIZE ER G.C. SEC. 25103, RESO 79-153
County of Orange, California SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIR OF THE BOARD
By: Michael A. Haubert
ATTEST:
Deputy
Date: February 7, 2024 CALIFORALE Rolm Atrila
ROBIN STELER
CLERK OF THE BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
Signed and certified that a copy of this agreement
has been delivered to the Chair of the Board per
G.C. Sec. 25103, Reso 79-1535
Robin Stieler
Clerk of the Board of Supervisors
County of Orange, California
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual ho signed the document to which this certificate is attached, and not the truthfulness, accuracy, c alidity of that documen
State of California
County of Orange
on March 13 _ 2024 before me, stephanie Amelia Preciuco, Notary Rutik personally (insert name/title of officer)
Robin Stieler
who proved to me on the basis of satisfactory evidenceto be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official scal.
(Seal)
STEPHANIE AMELIA PRECIADO
Notary Pubiic - Cailfornia
Orange County
Commission 42407773
My Comm. Expires Jun 11, 2026|
CERTIFICATE OF ACCEPTANCE
This is to certify that the easement interest in real property conveyed by the within quitclaim 2024, and the
City of Laguna Niguel, a municipal corporation
By:
Title:
Approved as to Form:
City Attorney for the City of Laguna Niguel, California City Attorney
ACKNOWLEDGMENT
Who siped the doumen to withs eithere is ted and nigerialies, cursedat validity of that document.
State of California
County of Orange
On ,20 before me, _ , personally
(insert name/title of officer)
appeared
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
ATTACHMENT 1
RESOLUTION 84-627
Koend and Return to EXSMPT RECOSOPID REONESTED 84-200015 Clerk al tho Board PER GOT COOl SET
EXEMPT 220 PH MA 14*84
Clerk C5
el the Board of Supervisors
Deputy
By 3.
3 HECORDING " RESOLUTION OF THE BOARD OF SUPERVISORS OF
REQUESTED BY
ORANGE COUNTY, CALIFORIIA
May 2, 1984
On the motfon of Supervisor Riley, duly seconded and carried, the following 7 Resolution was adopted:
MHEREAS, on the sap of trees nom as Morning over Line Dread, any B accepted dedication of public streets known as:
Stick, Jumping Gate, Tarmigan, Tattersel), Riverstone, Burning Tree, and Camino Del 9 Avion; and
10 11
12 MHEREAS, by Resolution No. 83-1251, dated August 17, 1983, the street names ware changed as follous:
13 FROM
14 Horning Dove Old Ranch Rosd
15 Lime Orchard Morning Dove
Malking Stick Lime Orchard
OFFICE OF RANGE COUNT 16 Riverstone
Jumping Gate Walking Stick
Riverstone
17 Tarmigan Wildflorer;
18 and
19 NHEREAS, Lot A of the tract was frrevocably offered to the County on the tract map for park purposes, but was not accapted; and
20 22
24 Hirsch Fant, Be droppers adelain he pari re on the most cerea reets at such ete ps a deat aper one of the pree serened act reement. which will pro 826 WHEREAS, sald oners have stipulated emen, ragon the ones and tract recorded concurrently with a separate agreement,
developer, as the agreement provides for conveyance of a private access easement to $ 28
aPD: zer Resolution No. 84-627
Streng/Yact no. 188 0880
1.
84-200015
1 developer anty over Horning Dove and a parced northerly of the tract and orned y 2 3 County, ends, the stipulation for concurrent recordation ts acceptable to the 4 park site from Camino Del Avion; and
6 WHEREAS, in order to mitigate any potentiel adverse effect from the vacation of the public streets in the tract, the developer w111 install a pedestrian access from 7 Camino Del Avion to the park site, so that access to the park w1ll not involve traversing a steep slope without benefit of a trail; and 8 9 Agreement 1s: 5581-805) art deeverlok rest and eping are for trati users on the park site, together with numerous species of trees and landscaping with an ID frigation system, which when completed, will render the park a visuelly more enjoyable areas and
11 WHEREAS, the Director, Environmenta! Management Agency, recommends the vacation; 12 and
13 WHEREAS, the Orange County planning agency has found the proposed vacation to be in conformance with the General Plans and
14 WHEREAS, by Resolution Ma. 89-424, dated March 27, 1984, the matter was set for 15 pubiic hearing on this date;
OFFICE OF COUNTY COUNSEL ORANGE COUNTY 16 NOt, THEREFORE, BE IT RESOLVED that this Board finds:.
That Negative Declaration No. I2/12008 satisfies the regutrements of CEA for this project and is therefore approved. It was considered and found adequate in 18 addressing the environmental impacts and mitigatfons for the project prior to its approval. The project will not have a significant effect on the environment. 19 2. That this vacation 1s made under Streets and Highways Code, Section 8300 20 et seg.
B, attached he the streets to be vecated are described on Exhibit A shorn on Exhibit 22 4. That said streets are unnecessary for present or prospective public use. 23 24 percel shatt no longer conser te a te it relueton 1s recarded the vacated *lon Pic 17g the area to be vacatod 1s mat useful es a non-otorized transporta- BE IT FURTHER RESOLVED that this Board:
27 @ 28 Termigan, Tarby ait, es stone and rie Tre, a described and koan on stad
2. :
84-200015
Exhibits A and B, which streets were renamed as follows:
FROM ID
orning Do Old Ranch Road
me Orcha Morning Dove
talking Stick Lime Orchard
Jumping Gate Riverstone
Rivers tone Walking Stick
Tormigan Wildflower
6 Directs that the Clerk of this Board shall forward a certified copy of this Resolution to the Director of Environmental Management Agency, attested by the certificate of acknowledge-
cent or Further proof, in the orce of ack Recorder of , the County of Orange:
subject to Item 4 belon.
Authorizes the Chairan of this-Board to execute the agrement and the 10 Clerk to attest thereto under seal, and to forward the agreement to the Diractor of •EMA to be recorded without acknowledgement, certificate of acknowledgement or 11 further proof, in the office of the Recorder of the County of Orange; subject to 12 Mrects the Director of ENA to record this Resolution and the park acces:
13 greement upon written notice from the Hirsch Family that it has obtained acceptabli ingress/egress easements over Tract No. 9880, which easements shall be recorded 14 concurrently with this Resolution and the park access agreement. 15 AYES: SUPERVISORS THIMAS F. RILEY. ROGER R. STANTON, BRUCE ORPISE OB ORANGE COUNTA NESTANDE, RALPH B. CLARK AND HARRIETT M. WIEDER NDES: SUPERVISORS HOHE
17 ABSENT: SUPERYISORS HONE
18 STATE OF CALIFORNLA
19 55.
20 COUNTY OF ORANGE
21 1, LINDA D. ROBERTS, Clark of the Board of Supervisors of Orange County, 22 Calffornia, hereby certify that the above and foregoing Resolution was duly and 23 regulariy adopted by the sald Board ot a regular meeting thereor held on the and day 24 of May, 1984, and passed by a unanimous vote of said Board.
IN WITNESS WHERED, I have hereunto set my hand and seal, this 2nd day of May, ฿ 26 1984.
· 27
ark of the, Board or Supary so
€ 28 r Orange County, Califorh
3.
84-200015
PROJECT LOCATION
CL. Hirsch
DR.
SERO
Minsch
amit
PRAT
INEZ
ROAD
-SAGE
TTERSAL
CHARRO
CANTRO AVION
AVERIDA PEDAL BAL
10(11 WESTERRE
15 14
BU VISTA ABA VISTA YACHT DR
AYRY ALL
OR ERIgANTINE
TOSO
ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY LOCATION MAP
RIGHT OF WAY ENOINEERING
TRACT NO. 9880 - STREET VACATION SCALE 1', 600°
PROJECT