Agenda Item AGENDA STAFF REPORT ASR Control 23-000333
MEETING DATE:	05/09/23
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	5
SUBMITTING Agency/Department:	County Executive Office (Approved)
Department contact person(s):	Thomas Miller (714) 834-6019
	Dylan Wright (714) 480-2788

Subject: Acceptance of Prima Deshecha Regional Riding and Hiking Trail

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement(s) and Resolution(s)

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: See Financial Impact Section

Annual Cost: See Financial Impact Section

Staffing Impact:

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: See Financial Impact Section	County Audit in last 3 years: No
Levine Act Review Completed: N/A

Prior Board Action: 6/19/2001 #49, 8/4/1999#56

RECOMMENDED ACTION(S):

1.	Find that the project is categorically exempt from the California Environmental Quality Act (CEQA), Class 5 (Minor Alterations in Land Use Limitations) pursuant to CEQA Guidelines, Section 15305 and Class 16 (Transfer of Ownership of Land in Order to Create Parks) pursuant to CEQA Guidelines, Section 15316.
2.	Approve and execute three Amended Irrevocable Offers of Dedication for the Cristianitos and Prima Deshecha Regional Riding and Hiking Trail Easement to the County of Orange from Talega Associates, LLC, Talega Business Park Maintenance Corporation, and Talega Maintenance Corporation, respectively, for trail purposes.
3.	Approve and execute the Staging Area Easement Deed from Talega Associates, LLC to the County of Orange for staging purposes.
4.	Approve and execute the Assignment of Trail Easement Deed from Talega Associates, LLC to County of Orange for trail purposes.
5.	Approve and execute the Trail Easement Deed from City of San Clemente to County of Orange for trail purposes.
6.	Adopt the Resolution to reject excess trail portions associated with the final trail alignment associated with approval and acceptance of the Prima Deshecha Regional Riding and Hiking Trail.

SUMMARY:

Acceptance of the Prima Deshecha Regional Riding and Hiking Trail secures a permanent regional connection for residents and visitors that links to the San Onofre State Beach and satisfies the County Development Agreement’s requirement to convey the regional trail to the County.

BACKGROUND INFORMATION:

On August 24, 1999, the Board of Supervisors (Board) approved the Development Agreement with Talega Associates, LLC (Talega), related to residential development in the then-unincorporated County of Orange territory adjacent to the City of San Clemente (City), which required the construction and transfer of a riding and hiking trail. On June 19, 2001, the Board approved four Irrevocable Offers of Dedication (IODs), for recordation purposes only, for the Prima Deshecha and Cristianitos Regional Riding and Hiking Trails (Original Trail), which are located in the City’s jurisdiction recognized on the County’s Master Plan of Regional Riding and Hiking Trails.

As a result of ongoing litigation concerning Talega’s development, to which the County is a defendant, the County and Talega reconsidered the Original Trail’s alignment and decided to delete the Cristianitos Regional Riding and Hiking Trail segment from the Original Trail, forming the updated trail to be transferred to the County (Realigned Trail) (Attachment A). The route of the Realigned Trail semi-encircles the Rolling Hills Planned Community (also known as the Talega Community), which starts at the City’s bridge crossing over Avenida La Pata and ends just south of Avenida Pico. Talega constructed a staging area as an additional amenity to the Realigned Trail at the trail entrance just south of Avenida Pico (Facility Parcel No. 108). The Realigned Trail is a five-mile, multi-use trail that will provide a significant permanent regional connecting segment for residents and visitors to San Onofre State Beach on the south end.

In furtherance of the County acquiring rights to the Realigned Trail, several instruments have been prepared. The Realigned Trail transaction entails three amended IODs from Talega, Talega Business Park Maintenance Corporation, and Talega Maintenance Corporation (Attachments B, C and D respectively); an Assignment Deed from Talega for small trail segment located just north of Avenida Pico (Attachment E); a Trail Easement Deed from the City for a trail segment located at the intersection of Avenida La Pata and Avenida Vista Hermosa (Attachment F); and an Easement Deed from Talega for the staging area purposes (Attachment G). A resolution has also been prepared to reject the Cristianitos Regional Riding and Hiking Trail segment that was offered in the original IODs.

Talega will provide the County with title insurance in an aggregate amount of $1.8 million for the Realigned Trail, securing the County’s validity and priority of the trail easement rights subject to the IODs, upon the recordation of the Attachments B through H, which have been reviewed by CEO Real Estate and OC Community Resources/OC Parks, who concur with their terms and conditions.

Compliance with CEQA: The proposed project is Categorically Exempt (Classes 5 and 16) from the provisions of CEQA pursuant to Sections 15305, and 15316 because it involves minor alterations in land use limitation and the transfer of land ownership for open space and park.

FINANCIAL IMPACT:

The cost of routine maintenance for the Realigned Trail following its acquisition by the County is anticipated to be approximately $20,000 annually and will be absorbed in the OC Parks Fund 405 Budget.

STAFFING IMPACT:

N/A

REVIEWING AGENCIES:

OC Community Resources/OC Parks

ATTACHMENT(S):

Attachment A – Location Maps
Attachment B – Amended Irrevocable Offer of Dedication (TR79C-107)
Attachment C - Amended Irrevocable Offer of Dedication (TR79C-109, 109.1, 109.2, and 109.3)
Attachment D - Amended Irrevocable Offer of Dedication (TR79C-203, 203.1, 204, 204.1, 302, 302.1, & 302.2)
Attachment E - Assignment of Trail Easement Deed (TR79C-201)
Attachment F - Trail Easement Deed (TR79C-202, 205, 205.1, & 301)
Attachment G – Staging Area Easement Deed (TR79C-108)
Attachment H - Resolution
Attachment I – Real Estate Acquisition Questionnaire