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1996-0206_SHEA-HAN, BARBARA_Acs, Maint & Impvt Cooperation Agro te q5o P.,Nn r` z� <_ i1I L 1Z Recorded at the request of and return to: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano Attention: Cheryl Johnson, City Clerk Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder Il l 1111 l l 1111 11111 11111 11 l 11111 111 11 11 11111 l III � � � � 005 192015 23 54 FAT Al2 3 7.00 6.00 0.00 0.00 0.00 0.00 Project: Kiln Property Agreement Address: Parcel 1: Ms. Barbara Shea -Han, 31401 El Homo Street, SJC, 92675 Parcel 2.- 31405 El Horno Street, ,SIC, 92675 Parcel 2 mailing address: c/o City of SJC, 32400 Paseo Adelanto, 92675 Assessors Parcel Nos: Parcel L 124-202-17 Parcel 2: ACCESS, MAINTENANCE AND .IMPROVEMENT COOPERATION AGREEMENT PARCELS I & 2 OF PARCEL MAP 95-12 q FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Barbara Shea - Han (OWNER), as owner of Parcel I of Parcel Map 95-124, recorded in Book 288, Pages 14 & 15, hereby agrees to provide maintenance to that area of Parcel I shown on said Parcel Map as a 10' wide access easement serving Parcel 2 until such time as the City of San Juan. Capistrano (CITY), as owner of Parcel 2, improves said access easement area. Maintenance is hereby defined as: mowing, pruning, and trimming of any lawn, shrugs or trees within the easement area, irrigation and repair of any irrigation system within the easement area, Further, OWNER hereby allows access by CITY employees, contractors and invitees over the existing walkway and stairs located within Parcel I which presently access Parcel 2, CITY hereby agrees to cooperate with improvements made by OWNER to said walkway and stairs. Additionally, OWNER hereby agrees to cooperate with the removal, reconstruction or replacement of improvements within the 10' access easement as necessitated by the CITY. This agreement runs with the land and is binding on the successors in interest of both Parcels I and 2. Dated this day of�,zlws:�t 1996 i ATTEST City Clerk:. AP VELI AS TO FO Sty Attorney OWNER OF PARCEL 1 Barbara Shea -Han CITY OF SAN JUAN CAPISTRANO Wyatt lit t, Mayor 2o IN State of ; County ofg On �t .: Mtbeforeme, PHRUP a'. H' f NTAR 'FOU {DAT 6,1 INAMEfTITLE OF OFFICER-i.e.'JANE BOE, NOTARY PUBLIC'l personally appeared (NAME(S OF SIGNERISO El personally known to me -0R- 3` -"proved to me on the _P9 LIP j H US iY>COMM# ;Er- u3A �C EI �iE asls of satisfactory evidence to be the person(g) whose dame( Is/ subscribed to the within instrument and acknowledged to me that /she/tom executed the same in Ther/ter authorized capacity(ie&), and that by Ya/her/t-k signatureW On the instrument the person(g-l'; or the entity upon behalf of which the person( acted, executed the instrument. Witness my hand and official seal. (SEAL) ,E SIGN R O N TA ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any Unauthorized document. - - - --- - THIS CERTIFICATE Title or Type of Document jC MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signers), Other Than Named Above WOLCOTTS FORM 63240 Rev. 3-94 (price less 8 -IR) I a94 WOLCOTT$ FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTAT€ON/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) INDIVIDUAL4S)'-'' -- 0conPORATE OFFICERIS) ITITLESI ©PARTNER(S) ❑LIMITED DGENERAL DATTORNEY IN FACT CITRUSTEE(S) 0 GUA RD IA NICON SE R VA TOR CI OTHER: SIGNER IS REPRESENTING, (INme of Personisf or Entity(', RIGHT THUMBPRINT {Optional) CAPACITY CLAIMED BY SIGNERS) ❑INDIVIDUAL(S) ❑ CORPORATE OFFICERMS) (TiMs) DPARTNER(S) I-ILIMITED OGENERAL ❑ATTORNEY IN FACT (-JTRUSTEEIS) CJGUA RDIAN/CONSERVATOR QOTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(iesi 7 67775 IIIIIIIIIIII'N6I3ll211011l11 PUBLIC AGENCY FORINT OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss_ City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On _ February 6, 1996 before me, _Cheryl Johnson City Clerk, personally appeared - -- - W att Hart ----- personally known to me to be the person. whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. (SEAL) WITNESS zxay hand and official seal. City Clerk Capacity Claimed by Signer Municipal Corporate Officer Mayor 'Title Signer is Representing City of San Juan Capistrano OPTIONAL Description of Attached Document Access. Maintenance and Improvement Cooperation_ Agreement Parcels I & 2 of Parcel Map 95-12 Title or I've of Document One Number of Pages January 31, 1996 Date of Document Barbara Shea-Hga Signers) Other Than Named Above MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART L IR(RRPORRitR GILJONES ' tslRStt)RtR Ig�I CAROLYN NASH 1776 DAVID SWERDLIN • CITY MANAGER _ ► GEORGE SCARBOROUGH February 8, 1996 Barbara Shea -Han c/o Chuck Medeiros Re/Max Realty 32241 Camino Capistrano San Juan Capistrano, California 92675 Re: Access Maintenance and Improvement Cooperation Agreement Dear Ms. Shea -Han: At their meeting of February 6, 1996, the City Council of the City of San Juan Capistrano adopted Resolution No. 96-2-6-2, which approved an Access, Maintenance and Improvement Cooperation Agreement for the property at 31401 and 31465 El Horno Street. The Agreement allows the City access to Parcel 2, which encompasses the historic kiln site and provides for your maintenance of the easement to Parcel 2. A copy of Resolution No. 96-2-6-2 is enclosed for you files, along with a copy of the Agreement. The two original copies of the agreement were forwarded to Mr. Medeiros for recording through escrow. An original copy should be returned to you at a later date. If you have any questions, please contact Mary Laub at 443-6303. Thank you for your cooperation in this matter. Very truly yours, Cheryl Johns City Clerk Enclosure cc: Director of Engineering and Building Mary Laub Tony Foster 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 to the lowest responsible bidder, Taylor Tennis Courts, in the amount of $20,592. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 6. CONSIDERATION OF RENEWAL OF LEASE AGREEMENT OF.HARRISON FARMH SE (CAPISTRANO INDIAN COUNCIL) 600.20 As set forth in the Report dated February 6, 1996, from the Administrative Services Director, the renewal of the Lease Agreement with the Capistrano Indian Council. was approved for the operation and maintenance of the Harrison Farmhouse, located at 27832 Ortega Highway, for a one-year period at a cost of $1.00 per year. The Mayor was authorized to execute the Lease Agreement on behalf of the City. 7. RESOLUTION APPROVING ACCESS, MAINTENANE AND IMPROVE MENT COOPERATION AGREEMENT -_PARCELS I AND 2, PARCEL „MAP 95-1251 ILN PROPERTY 31401 AND 31405 EL H RNO STREET 600.30 (CONTINUED ERQM JANUARY 16. 1996 As set forth in the Report dated February 6, 1996, from the Engineering and Building Director, the following Resolution was adopted approving the Access, Maintenance, and Improvement Cooperation Agreement with Barbara Shea -Han for Parcels I and 2, Parcel Map 95-125 for the Mission Kiln property located at 31401, 31405 El Horno Street.- RESOLUTION treet: RESOLUTION NO. 96 -2 -6 -2 --APPROVING ACCESS, MAINTENANCE AND IMPROVEMENT COOPERATION AGREEMENT - 31401 AND 3I405 EL HORNO STREET ALSO KNOWN AS THE KILN PR PER Y PARCEL 1 2. PARCEL MAP 95-125) (SHEA-HAN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN ACCESS, MAINTENANCE, AND IMPROVEMENT COOPERATION AGREEMENT AFFECTING PARCELS 1 AND 2 OF PARCEL MAP 95-125, LOCATED AT 31401 AND 31405 EL HORNO STREET, SAN JUAN CAPISTRANO, ALSO KNOWN AS THE KILN PROPERTY (SHEA-HAN) The Resolution authorized the Mayor and City Clerk to execute the Agreement and directed the City Clerk to forward the Agreement to the County Recorder. 8. APPROVAL OF SPECIFICATIONS AND ALLrHQEEATION TO CALL FOR BIDS - COMPUTER HARDWARE/SOFTWARE REPLACEMENT 370.30 As set forth in the Report dated February 6, 1996, from the Administrative Services Director, the specifications were approved for the replacement of the City's 286 stand-alone personal computers with upgraded equipment to provide capacity for Windows and WordPerfect for Windows to be compatible with all City departments. Staff was authorized to call for bids per the system specifications. City Council Minutes -9- 2l6i96 AGENDA ITEM February 6, 1996 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering and Building SUBJECT: Resolution Approving Access, Maintenance and Improvement Cooperation Agreement, Parcels 1 & 2, Parcel Map 95-12,$x/' {Kiln Property, 31441, 31405 El Horno Street) RECOMMENDATION Adopt the Resolution approving the Access, Maintenance and Improvement Cooperation Agreement, Parcels 1 & 2, Parcel Map 95-12b'.�' 2. Authorize the Mayor and City Clerk to execute the Agreement. Direct the City Clerk to forward the Agreement to the Orange County Recorder. SITUATION A. Summary 'R Parcel 2 of Parcel Map 95-12� encompasses the Mission kiln site. (See attached Location Map.) Parcel 2 is accessed from El Horno Street by a 10` wide easement along the westerly boundary of Parcel 1. Parcel 2 will be retained by the City, Parcel 1 has been sold to Ms. Barbara Shea -Han who executed the agreement concurrent with the close of escrow. The subject agreement is to ensure maintenance of existing improvements within the easement area by the owner of Parcel 1. The agreement also provides for the cooperation by the owners of Parcel l regarding proposed City improvements within the access easement area. The agreement also provides for access to Parcel 2 via existing walkways within Parcel 1. Upon completion of said improvements, the City will assume maintenance of the easement area and no longer require access within Parcel 2. Staff recommends approval of the agreement. F 0 R C 1TV C 0 U C 1L A GE1ff-__'-j u Agenda Item -2- February C>, 1996 B. Background The property subdivided by Parcel Map 95-12,$ has been identified as containing historically significant kilns related to the Mission development. In order to ensure preservation and public access to the kilns, the City purchased the property which includes a small residential structure. The purpose of the Parcel Map was to create two parcels. Parcel 1 contains the structure, Parcel 2 the kilns. A 10' wide easement over Parcel 1 allows access from El Horno Street to Parcel 2. Parcel 1 has been sold to Ms. Barbara Shea -Han, The subject agreement has been created to ensure that Ms. Shea -Han, or her successors in interest, are aware of potential future improvements to the site. The agreement also provides for continuing maintenance of existing landscaping, etc., within the easement area by the owner of Parcel 1 until said City improvements are installed, after which the City will assume maintenance of the easement area. Until installation of improvements within. the access easement, this agreement will provide the City with access utilizing existing walkways and stairs within Parcel 1. COMMISSION/BOARD REVIEW AND RECOMMENDATION Not applicable. NOTIFICATION Barbara Shea -Han, c/o Chuck Medeiros, Re/Max Realty, 32241 Camino Capistrano, SJC, 92675 FINANCIAL CONSIDERATIONS There is no cost to the City by this action. AL'T'ERNATE ACTIONS Adopt the Resolution. 2. Do not adopt the Resolution.. 3, Request additional information from Staff. AGENDA ITEM -3- February 6, 1996. RECOMMENDATION 1. Adopt the Resolution approving the Access, Maintenance and Improvement Cooperation Agreement, Parcels 1 & 2, Parcel Map 95-12'..4/ 2. Authorize the Mayor and City Clerk to execute the Agreement. 3. Direct the City Clerk to forward the Agreement to the Orange County Recorder. Respectfully submitted, William M. Huber Director of Engineering and Building Attachments: Location Map Resolution/Agreement Prepared by, R. Anthony Foster Engineering Assistant LOCATION MAP J lu CF Acce,Ofelf a fl j� �� �� '' Acccpfcd ay career o� /af /6 RESOLUTION NO. 96-2-6-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN ACCESS, MAINTENANCE AND INTROVEMENT COOPERATION AGREEMENT AFFECTING PARCELS 1 AND 2 OF PARCEL MAP 95-120LOCATED AT 31401 AND 31405 EL HORNO STREET, SAN JUAN CAPISTRANO, ALSO KNOWN AS THE KILN PROPERTY (SHEA-HAN) WHEREAS, in order to preserve the historically significant kiln site, the City Council of the City of San Juan Capistrano has previously approved the subdivision of a City -owned property via Parcel Map 95-12� and, WHEREAS, said subdivision created Parcel 1, site of a residential structure, and Parcel 2, which encompasses the historic kiln site; and, WHEREAS, Parcel 2 is accessed by way of an easement within Parcel 1, and, WHEREAS, the City intends to sell Parcel 1 to a private party, and, WHEREAS, in order to retain continuity of maintenance, the City desires that Parcel 1 continue maintenance within the easement area until such time that the City installs improvements within the easement area; and, WHEREAS, the City wishes to continue utilizing existing walkways and stairs within Parcel i, but outside the City's access easement, until such time as access improvements are installed within the City's access easement area; and, WHEREAS, at a later date the City intends to install improvements within the easement area and Parcel 2 and desires to notify future owner(s) of Parcel 1 of such intention and requirement of cooperation by the future owner(s) of Parcel 1 regarding installation of said future improvements. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby: Approve the Access, Maintenance and Improvement Cooperation Agreement, attached hereto and made a part hereof Authorize the Mayor and City Clerk to execute said Agreement. Direct the City Clerk to forward said Agreement to the Orange County Recorder. PASSED, APPROVED, AND ADOPTED this 6th day of February 1996. WYATT T, MAY R ATTEST. - CITY CLERK. 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. 96-2-6-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 6th day of _ Eebruary__ 1996, by the following vote: AYES: Council Members Jones, Dash, Swerdlin, Campbell and Mayor Hart NOES: None ABSTAIN: None ABSENT: None (SEAL) 1k CHERYL JOHNSON, CITY CLERK -z. DRUG USE kS BUSE January 18, 1996 Mr. Chuck Medeiros Re/Max - 32241 Camino Capistrano San Juan Capistrano, California 92675 Re: Kiln Property at 31401 and 31405 El Horno Street Dear Mr. Medeiros: MEM8ERS OF THE C#TY COUNCIL COLLENE CAMPBELL WYATT HART GIL JONES CAROLYN NASH DAVID SWERDLIN CfTY MANAGER GEORGE SCARBOAOUGH At their meeting of January 16, 1996, the City Council of the City of San Juan Capistrano had been scheduled to consider a maintenance and improvement Cooperation Agreement for the properties at 31401 and 31405 El Horno Street in San Juan Capistrano. The item was withdrawn from consideration due to revisions in the Agreement requiring the future owner of the property at 31401 El Horno Street to sign the Agreement. The item has been rescheduled for the City Council meeting of February 6, 1996. If you have any questions, please contact Tony Foster, project manager, at 443-6351. Very truly yours, Cheryl Johnson City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 AGENDA ITEM TO: George Scarborough, City Manager FROM: William. M. Huber, Director of Engineering and Building January 16, 1996 SUBJECT: Resolution Approving Maintenance and Improvement Cooperation. Agreement, Parcels 1 & 2, Parcel Map 95W-121 (Kiln Property, 31401, 31405 El Homo Street) RECOMMENDATION 1. Adopt the Resolution approving the Maintenance and Improvement Cooperation Agreement, Parcels l & 2, Parcel Map 95-12, . If 2. Authorize the Mayor and City Clerk to execute the Agreement. 3. Direct the City Clerk to forward the Agreement to the Orange County Recorder. SITUATION A. Summary Parcel. 2 of Parcel Map 95-12,� encompasses the Mission kiln site. (See attached Location Map.) Parcel 2 is accessed from El Homo Street by a 10' wide easement along the westerly boundary of Parcel 1. Parcel 2 will be retained by the City, Parcel 1 is being sold and is estimated to close escrow on January 26, 1996. The subject Agreement is to ensure maintenance of existing improvements within the easement area by the future owners of Parcel 1. The agreement also provides for the cooperation by future owners of Parcel 1. regarding proposed City improvements within the access easement area. Upon completion of said improvements, the City will assume maintenance of the easement area. Staff recommends approval of the agreement. B. Background I The property subdivided by Parcel Map 95-12; has been identified as containing; historically significant kilns related to the Mission development. In order to ensure preservation and public access to the kilns, the City purchased the property which includes a small residential structure. The purpose of the Parcel Map was to create two parcels. Parcel 1 contains the structure, Parcel 2 the kilns. A 10' wide easement over Parcel l allows access from El Homo Street to Parcel 2. Agenda Item. -2- January 16, 1996 Parcel 1 is presently in escrow to a private party. The subject agreement has been created to ensure that the future owner, or his successors in interest, are aware of potential future improvements to the site. The agreement also provides for continuing maintenance of existing landscaping, etc., within the easement area by the ower of Parcel 1 until said City improvements are installed, after which the City will assume maintenance of the easement area. COMMISSION/BOARD REVIEW AND RECOMMENDATION Not applicable. NOTIFICATION Chuck Medeiros, c/o Re/Max, 32241 Camino Capistrano, SJC, 92675 FINANCIAL CONSIDERATIONS There is no cost to the City by this action. ALTERNATE ACTIONS 1. Adopt the Resolution. 2, Do not adopt the Resolution.. 3. Request additional. information from Staff. RECOMMENDATION 1. Adopt the Resolution approving the Maintenance and Improvement Cooperation Agreement, Parcels l & 2, Parcel Map 95-12,�. r$ 2. Authorize the Mayor and City Clerk to execute the Agreement. 3. Direct the City Clerk to forward the Agreement to the Orange County Recorder. Respect�lly submitted, William M. Huber Director of Engineering and Building Attachments: Location Map Resolution/Agreement Prepared by, f R. Anthony F ster Engineering Assistant LOCATION MAP PVM d) - icrrT7pea ca Ile 13 ..50corro r e ? �� / I oti 0 Q) \ `OT l� rob C,J , Nil \ J �`�� �s� mac,oa c Fd k�0* lrAo t 0 - 1 MEMORANDUM January 10, 1996 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering and Buildi SUBJECT: Continuation of Agenda Item D-9, Resolution Approving Maintenance and Improvement Cooperation Agreement, Parcels 1 & 2, Parcel Map 95-12/ (Kiln Property) The subject item is being continued to the Council meeting of February 6, 1996. Modifications to the Agreement now require the future owner of the residential parcel to execute the agreement concurrent with escrow. Escrow is scheduled to close January 22. cc: Richard Denh.alter Jennifer Murray Cheryl Johnson Mary Laub '01' 7Y COUNCIL � blq