Loading...
1992-0506_LUJANO, IGNACIO A._Rental Agreement• IENTAL AGREEMENT (MONTH - TO - MONTH TENANCY) THIS AGREEMENT, entered into this 6th day of May _,19 92 , by and between The City of San Juan Capistrano and Ignacio A. Lujano hereinafter called respectively lessor and lessee. WITNESSETH: That for and in consideration of the payment of the rents and the performance of the covenants contained on the part of lessee, said lessor does hereby demise and let unto the lessee, and lessee hires from lessor for use as a residence those premises described as caretaker residence structure located at 30291 Camino Capistrano Street, San Juan Capistrano , California, for a tenancy from month-to-month commencing om the 6th day of Mair19 92 ,and services consisting of maintenance of orchards and structures on a st •• • •• • t�iT�•�.Si�Ta�Niiii:PYi•Ka • -a;••••••••••aq[,ocea mea -• • • '• • - aa.J YP:b,:r)al:bbt;,•.r.e.IcYY.:41:).a...a::-.•-•.•-•.•.•.•.al�.•.•.•a�.a,QR,f.. :<CiA.t .. f.�1.1:�yt?,torr] of It is further mutually agreed between the parties as follows: tenant and imTlediate family. (1) Said premises shall be occupied by no more than (2) Lessee shall not keep or permit to be kept in said premises any dog. cat, parrot, or other bird or anima. (3) Lessee shall not violate any city ordinance or state law in or about said premises. (4) That all alterations, additions, or improvements made in and to said premises shall, unless otherwise provided by written agreement between the parties hereto, be the property of Lessor and shall remain upon and be surrendered with the premises. (S) Lessee shall not sub -let the demised premises, or any part thereof, or assign this agreement without the lessor's written consent. (6) Any failure by lessee to pay rent or other charges promptly when due, or to comply with any other term or condition hereof, shall at the option of the lessor, and after lawful notice given, forthwith terminate this tenancy. (7) Lessee shall keep and maintain the premises in a clean and sanitary condition at all times, and upon the termination of the tenancy shall surrender the premises to the lessor in as good condition as when received, ordinary wear and damage by the elements excepted. (a) Except as to any condition which makes the premises untenantable, lessee hereby waives all right to make repairs at the expense of lessor as provided in Section 1942 of the Civil Code of the State of California, and all rights provided in Section 1941 of said Civil Code. (9) The ! F_Ssee agrees to property cu:tivate, care for, and adequately water the lawn, shrubbery, trees and grounds. lessor TESsee (10) The shall pay for all water supplied to the said premises. The shall pay for all gas, heat, light, power, telephone service, and all other services, except as herein provided, supplied to the said premises. (11) Nothing contained in this agreement shall be construed as waiving any of lessor's rights under the lasts of the State of California. (12) this agreement and the tenancy hereby granted may be terminated at any time by either party hereto by giving to the other party not less than sixty (60) ) days prior notice in writing. (13) The prevailing party in an action brought for the recovery of rent or other moneys due or to become due under this lease or by reason of a breach of any covenant herein contained or for the recovery of the possession of said premises, or to compel the performance of anything agreed to be done herein, or to recover for damages to said property, or to enjoin any act contrary to the provisions hereof, shall be awarded all o1 the costs in connection therewith, including, but not by way of limitation, reasonable attorney's fees. (14) Remarks: Use of barn and outbuildings shall be shared by Lessor and Lessee. IN WITNESS WHER the parties hereto have executed 'his agreement in duplicate the day and year first above written. ,�_Qit of San Jipfi Capistrano Lessor I acio A. Luj elxLessee e% AO�cotts FORM 103 REV. 10-77 WK*0a%6-IPt ENTAL AGREEMENT C (MONTH - TO - MONTH TENANCY) LF THIS AGREEMENT, entered into this 6th day of May 19— , by and between The City of San Juan Capistrano and Ignacio A. Lujano hereinafter called respectively lessor and lessee. - WITNESSETH: That for and in consideration of the payment of the rents and the performance of the covenants contained on the part of lessee, said lessor does hereby demise and let unto the lessee, and lessee hires from lessor for use as a residence those premises described as caretaker residence structure located at 30291 Camino Capistrano Street, San Juan Capistrano California, for a tenancy from month-to-month commencing on the 6th day of may , 19 92 , and services consisting of maintenance of orchards and structures on a at a monthly rental of time acre portion of the parcel oontalnlnq the .•RE}O7o44�040W leased premises "as historically maintained by tenant", to the�sa s iiiiii of Lessor It is further mutually agreed between the parties as follows: tenant and inTrediate family. (1) Said promises shall be occupied by no more than, (2) hate shall not keep or permit to be kept in acid premises any dog, cat, parrot, or other bird or animal, (3) Lessee shall not violate any city ordinance of state law in w about said premises. (4) That all alterations, additions, or improvements made in and tat said premises shall, unless otherwise provided by written agreement between the parties hereto, be the property of Lessor and shall remain upon end be surrendered with the premises. (5) Lessee shall not sub -let the demised premises, or any pan thereof, or assign this agreement without the lessor's written consent. (6) Any failure by lessee to pay rent or other charges promptly when due, or to comply with any other term or condition hereof, shall at the option of the lessor, and atter lawful notice given, forthwith terminate this tenancy. (n Leasee shall keep and maintain the premises in a clean and sanitary condition at all times, and upon the termination of the tenancy shall surrender the premises to the lessor in as good condition as when received, ordinary wear and damage by the elements excepted. (a) Except as to any condition which makes the premises untenantable, lessee hereby waives all right to make repairs at the expense of lessor as provided in Section 1942 of the Civil Code of the State of California, and all rights provided in Section 1941 of said Civil Code. (9) The Taacera agrees to properly cu:tivate, care for, and adequately water the lawn, shrubbery, trees and grounds. Lessor Lessee It 0) The shall pay for all water supplied to the said premises. The)shall pay for all gas, hear, light, power, telephone service, and all other services, except as herein provided, supplied to the said promises. (11) Nothing contained in this agreement shall be construed as waiving any of lessor's rights under the laws of the State of California. (12) this agreement and the tenancy hereby gramed may be terminated at any time by either party hereto by giving to the other party not less than s ( (60) )days prior notice in writing. (13) The prevailing party Jr, an action brought for the recovery of rent or other moneys due or to become due under this lease or by reason of a breach of any covenant herein contained or for the recovery of the possession of said premises, or to compel the performance of anything agreed to be done herein, or to recover for damages to said property, or to enjoin any act contrary to the provisions hereof, shall be awarded all of the coats in connection therewith, including, but not by way of limitation, reasonable attorney's fees. ()4) Remarks: Use of barn and outbuildings shall be shared by Lessor and Lessee. IN WITNESS WHElZtClFl the parties hereto have executed this agreement in duplicate the day and year first above written. n n� /Cit of San J Capistrano Lessor *ICio A. Lu Lessee WOLCOTTS FORM 10] REY. If>.77 tarn [pif sial Under No. Escrow• Loan No.. WHEN RECORDED MAIL TO: M. D. Talbot, Esq. _ Stradling, Yocca, Carlson & Rauth 660 Newport Center Dr. #1600 Newport Beach, CA 92660 MAIL TAX STATEMENTS TO: San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: David Bentz o r rr u DOCIIIYENRARY TRANSFER TAX S.._...___..._._._...�._. ...... Computed on Me oomideration w value of prWKr f uarweyed; OR ...... Computed on Me o"ideratlon ar value leo Have or arcumpmca remdnirq at Whit at tele S19"Wra of Omloram or APnt aetormininp pa — Flrm Nemo QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, IGNACIO A. LUJANO do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY the real property in the City of San Juan Capistrano County of Orange , State of California, described as See Exhibit A attached hereto and by this reference made a part hereof, Dated STATE OF CALIFORN��� � CAUNiY OF QwNQet o, MAY 11 -14R2 - before me. the undersigned, a Notary Public In and for aid State per r � C10 A. LUJ --------------- OFFICIAL SEAL. tmne (or proved to me on Me beau of satisfactory CHERYL )k JOHNSON NOTARY V - flS1FORNIA modence) to a Me person(p) whose name(name(j)b/aresubecnbed to Me AIIE ORlligE COMM within Instrument and ackmwledged to me that ha/she/they executed AHP IAri @.ia UEC 13. 1993 the same. WITNESSm andand.Mc1a1 eat. (Tnn nw for of icl.1 nOt rml r41) 1065 )6182) • EXHIBIT "A" • OR -1572609 ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, DESCRIBED AS FOLLOWS: PARCEL A: HOMESTEAD TRACT. THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 7 SOUTH, RANCH S WEST, AND THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 8 WEST, BOTH OF SAN BERNARDINO MERIDIAN, ACCORDING TO THAT OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE MAY 19, 1873, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF THE STATE HIGHWAY, AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 22, 1916 IN BOOK 281, PAGE 245 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING THE EASTERLY CORNER OF THAT CERTAIN ONE ACRE PARCEL OF LAND CONVEYED TO GUY WILLIAMS BY DEED RECORDED SEPTEMBER 11, 1916 IN BOOK 288, PAGE 90 OF SAID DEEDS; THENCE SOUTH 51 DEGREES 11' 00" EAST ALONG SAID CENTERLINE 251.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 DEGREE 49' 00" WEST 158.00 FEET; THENCE SOUTH 51 DEGREES 11' 00" EAST 97.00 FEET; THENCE NORTH 38 DEGREES 49' 00" EAST 158.00 FEET TO A POINT IN THE CENTERLINE OF SAID CALIFORNIA STATE HIGHWAY; THENCE NORTH 51 DEGREES 11' 00" WEST 97.00 FEET ALONG THE CENTERLINE OF SAID CALIFORNIA STATE HIGHWAY TO THE TRUE POINT OF BEGINNING. PARCEL B: CHRISTMAS TREE TRACT. THE FOLLOWING DESCRIBED TWO (2) PARCELS OF LAND OUT OF SECTIONS 25 AND 36, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN ORANGE COUNTY, CALIFORNIA: PARCEL B-1: THOSE PORTIONS OF SECTIONS 25 AND 36, TOWNSHIP 7 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND THAT PORTION OF LOT 6 OF TRACT NO. 112, AS SHOWN ON A MAP RECORDED IN BOOK ll, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING -AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF SAID LOT 6 WITH A LINE PARALLEL WITH AND DISTANT 40.00 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN THE DEED RECORDED MARCH 22, 1916 IN BOOK 281, PAGE 245 OF DEEDS, RECORDS OF SAID COUNTY; A-1 171 0 OR -1572609 THENCE SOUTH 51 DEGREES 11' 00" EAST, 131.98 FEET ALONG SAID PARALLEL LINE TO THE NORTHWESTERLY LINE OF THAT CERTAIN 20.00 -FOOT WIDE STRIP OF LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 30, 1934 IN BOOK 660, PAGE 483 OF OFFICIAL RECORDS; THENCE NORTH 38 DEGREES 49' 00" EAST, 10.00 FEET TO THE MOST NORTHERLY CORNER OF SAID 20.00 FOOT WIDE STRIP OF LAND; THENCE SOUTH 51 DEGREES 11' 00" EAST 911.91 FEET TO THE MOST EASTERLY CORNER OF SAID 20.00 FOOT WIDE STRIP OF LAND; THENCE NORTH 38 DEGREES 49' 00" EAST, 14.76 FEET ALONG THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID STRIP OF LAND; THENCE NORTH 38 DEGREES 49' 01" WEST, 293.39 FEET; THENCE NORTH 46 DEGREES 20' 54" WEST, 368.64 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2870.00 FEET, A RADIAL LINE TO THE CENTER OF SAID CURVE BEARS SOUTH 40 DEGREES 32' 45' WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 DEGREE 43' 45", A DISTANCE OF 86.62 FEET; THENCE TANGENT TO SAID CURVE NORTH 51 DEGREES 11' 00" WEST, 680.35 FEET; THENCE SOUTH 38 DEGREES 49' 00" WEST, 108.21 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 2560.00 FEET, A RADIAL LINE TO THE CENTER OF SAID CURVE BEARS NORTH 44 DEGREES 18' 37" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5 DEGREES 29' 37", A DISTANCE OF 245.46 FEET TO THE POINT OF TANGENCY WITH THE FIRST HEREIN MENTIONED PARALLEL LINE: THENCE SOUTH 51 DEGREES 11' 00" EAST, 131.89 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION DEEDED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, DESCRIBED AS FOLLOWS: A STRIP OF LAND, 170 FEET WIDE, IN THOSE PORTIONS OF SECTIONS 25 AND 36, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, AS DESCRIBED IN THE DEED TO CHARLES R. WILLIAMS, RECORDED JULY 12, 1961 IN BOOK 5782, PAGE 373 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID STRIP LYING 85.00 FEET ON EACH SIDE OF A LINE HAVING A BEARING OF NORTH 5 DEGREES 17' 04" EAST AND PASSING THROUGH A POINT OF THE CENTER LINE OF THAT CERTAIN STRIP OF LAND, 60 FEET WIDE, DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 22, 1916 IN BOOK 281, PAGE 245 OF DEEDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID BEING DISTANT ALONG SAID CENTER LINE NORTH 51 DEGREES 11' 00" WEST, 267.98 FEET FROM A LEAD AND TACK MARKING THE NORTHERLY TERMINUS OF THAT CERTAIN -CURVE CITED AS HAVING A RADIUS OF 800 FEET, A CENTRAL ANGLE OF 40 DEGREES 54' AND AN ARC LENGTH OF 571.07 FEET IN THE CENTER LINE OF THAT CERTAIN STRIP OF LAND, 60 FEET WIDE, DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JANUARY 24, 1925, IN BOOK 557, PAGE 305 OF SAID DEEDS. A-2 s OR -1572609 EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THAT CERTAIN STRIP OF LAND, 100 FEET WIDE, DESCRIBED IN DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED AUGUST 27, 1937 IN BOOR 898. PAGE 576 OF SAID OFFICIAL RECORDS. PARCEL B-2: A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITY AND PIPE LINE PURPOSES INCLUDING THE RIGHT TO REPLACE, REMOVE, REPAIR AND MAINTAIN SAID PIPE LINE OR LINES OVER, THROUGH, UNDER AND ALONG THAT PORTION OF LOT 6 OF TRACT NO. 112, AS SHOWN ON A MAP RECORDED IN BOOR 11, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF TKE SOUTHIASTERLY LINE OF SAID IAT 6 WITH A LINE PARALLEL WITH AND DISTANT 40.00 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF THE CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN A DEED RECORDED MARCH 22, 1916 IN BOOK 281, PAGE 245 OF DEEDS; THENCE NORTH 51 DEGREES 11' 00" WEST 131.89 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 2560.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5 DEGREES 29' 37" A DISTANCE OF 245.46 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 38 DEGREES 49' 00" EAST 108.21 FEET; THENCE NORTH 51 DEGREES 11' 00" WEST 5.00 FEET; THENCE SOUTH 38 DEGREES 49' 00" WEST 107.73 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 2560.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 44 DEGREES 25' 22" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0 DEGREES 06' 45" A DISTANCE OF 5.03 FEET TO THE TRUE POINT OF BEGINNING. A-3 • Recording Requested by and ) When Recorded Mail to: ) M. D. Talbot, Esq. ) Stradling, Yocca, Carlson & Rauth ) 660 Newport Center Dr., Suite 1600) Newport Beach, CA 92660 ) Above space for Recorder's use.) TERMINATION OF LEASE Reference is made to that certain oral Lease (the "Lease"), by and between John L..Swanner, Jr, and Roger E. Swanner, as Lessor, and Ignacio A. Lujano, as Lessee, which covers that certain residential real property located in the City of San Juan Capistrano, County of Orange, State of California, generally described as 30291 Camino Capistrano, San Juan Capistrano, California 92693 (the "Property"). Effective as of '1992, the close of First American Title Insurance Company Escrow No. 1587955JMM cllill (the "Close of Escrow") for the sale of the Property and other real property in said escrow by the Lessor to the San Juan Capistrano Community Redevelopment Agency (the "Agency"), the undersigned declares that: (a) the Lease is completely terminated; (b) there are no terms or options or monthly or yearly rental remaining under the Lease; (c) the Lease is of no further force or effect and the undersigned has no interest of any kind whatsoever in or to the Property. Dated: 1992 I , I cio A. Lujan 05/11/92 1680q/2299/053 STATE OF CALIFORNIA COUNTY OF 09A nJ6 ss. On /(1/4`/ /0. /9.72—. before me, the undersigned, a Notary Public in and for said State, personally appeared IGNACIO A. LUJANO, 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 that he executed the same. WITNESS my hand and official seal. -------------------- (SEAL) OFFICIAL SEAL CHERV' A. JOHNSON m NOTARY PUBLIC - CALIFORNIA ORANGE COUNT/ My comm, expires OEC 13, 1993 05/11/92 1680q/2299/053