1985-0917_SAN JUAN CORPORATE PLAZA_Agreementi
RECORDING REQUESTED BY A% --
WHEN
% -WHET; RECORDED MAIL TO:
CITY OF SAN JUAN CAPISTRANO
Office of the City Clem:
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Recording Fees Exempt Due to
Government C0 Section 6103
ary Ann er, City Clerk
San Juan apistrano. California
)
EXEMPT
C8
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-4 00 PM SEP 23'85
AGREEMENT RELATING TO MAINTENANCE
OF SLOPE AND LANDSCAPING
t:
AEc�a Inly
This Agreement is made this 17th day of September , 1985 by and
between San Juan Corporate Plaza, a California general partnership
("Owner"), the owner of record of the following described real
property:
Beginning at a point in the East -line -of the Southwest
quarter of the Northeast quarter of said Section 36,- said
point being distant Southerly 630.73 feet from the North-
west corner of said Southwest quarter, thence North 87
degrees 58 minutes 13 seconds West to the Northeast corner
of the land described in Parcel 1 of the Deed to the State
of California, recorded September 26, 1957 in Book 4049
Page 93 of Official Records of Orange County, California,
thence along the Easterly boundary line of said Parcel 1
the following courses: South 23 degrees 30 minutes 28
seconds East 421.09 feet and South 18 degrees 53 minutes
13 seconds East 336.71 feet, thence Easterly along the
Southerly line of said Southwest quarter to the Southeast
corner of said Southwest quarter, thence Northerly along
the Easterly line of said Southwest quarter to the point
of beginning.
Excepting therefrom that portion described in Parcel 1 of
Deed to the State of California recorded September 19, 1967
in Book 8377 Page 272 of Official Records of said Orange
County.
(hereinafter the "Property"), and the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation ("City"), owner of the real property described
in Exhibit A which is attached hereto and incorporated by reference
herein, (hereinafter the "Parkway Property".)
W I T N E S S E T H:
WHEREAS, Owner'desires to develop the Property with an office
building including appurtenant parking, and through Owner's pre-
cedessor in interest, has petitioned the City for an amendment to
the General Plan in regard to the Property;
WHEREAS, the Parkway Property is situated between the Property
and Rancho Viejo Road, and includes property easterly of the inter-
section of Rancho Viejo Road and Junipero Serra Road, in the Cite
of San Juan Capistrano;
WHEREAS, Owner's development of the Property, and specifically
the parking area thereof, requires the lateral support of the Parkway
Property;
WHEREAS, the properly landscaped lateral slope support of the
Parkway Property will specifically benefit the Property;
WHEREAS, Owner desires to construct and maintain on the Parkway
Property lateral slope support for the Property, landscape the Parkway
Property,.and provide for the continued maintenance, repair and care
thereof; and
WHEREAS, the Parkway Property is marked on Exhibit "A" and is
located contiguous to the westerly perimeter of the Property.
NOW, THEREFORE, in consideration of the benefits accruing to
Owner and the City, the parties agree:
1. Owner covenants and agrees, at its sole cost and expense,
to provide and construct lateral slope support on the Parkway
Property for the Property, to provide landscaping on the Parkway
Property and to care and maintain lateral slope support and land-
scaping on the Parkway Property in accordance with the building and
maintenance standards set by the City from time to time.
2. The City covenants not to remove such lateral slope support
after constructed by Owner unless the City substitutes such support
with suitable alternate support of the Property.
3. This Agreement is for the mutual benefit of the present
and future owners of the Property and the City, and shall run with
the land and the benefits of the Property, together with the attendant
obligations, shall inure to the benefit of and be binding upon the
respective parties hereto, and the respective successors and assigns.
Provided, however, that upon the sale, conveyance and recordation
thereof of the Property, the prior owner shall be released from any
future duty or obligation for the care and maintenance of the Property
and the new owner thereof shall be fully bound by the terms and
conditions hereof.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first written above.
-2-
ss --3s :�7s
OWNER:'
San Juan Corporate Plaza
A California general partnership
ATTEST:
e_
ames
CITY:
CITY OF SAN JUAN CAPISTRANO
By
APPROVED AS TO FORM:
NOTE: ALL SIGNATURES -MUST BE NOTARIZED
-3-
s
STATE OF CALIFORNIA
COUNTY OF Orange
OFFICIAL SEAL
OFELIA h4 LOPEZ
NOTARY PVOUC r;n I�FORNIA
ORnNC- Cn;!NT'f
My Comm. expires JUL 19, 1999
—
CORPORATE ACKNOWLEDGMENT
State of California
County of Orange I ss.
#M OFFICIAL SEAL
MARY ,ANIN HANOVFR
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires APR 20, 1998
CORPORATE ACKNOWLEDGMENT
State of California
1 SS.
County of Orange j
A CA
NOTAIP i 1 ii,of.NIA
,.. Y
i 733
OFFICIAL SEAL
MARY A CARLSON
NOTARY PUBLIC -CALIFORNIA
GRAN^,r Cn" F.'Y
s ,--362'7'76
On this 17th day of September , in the year 1985
before me, the undersigned, a Notary Public in and for said State, personally appeared
James Riskas
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed the
within instrument on behalf of theGeneral Partnership named therein, and acknow-
ledged to me that the General Partnership executed it.
WITNESS my hand and official seal. /
NO. 202
On this the 17t} ay of September 19 5 before me,
Mary Ann Hanover
the undersigned Notary Public, personally appeared
Phillip R_ Grhwart7p
X personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the personj4) who executed the within instrument as .
Ma3zor or on be half ot I lif cornoral1WTherein
named, and acknowledged to me that the,Eorporatlo a�
g p rtPexecuted it.
WITNESS my hand and official seal.,
• 23012 Venture BNd. • PO. Box 4825 • Woodland Hills
NO. 202
On this the 19tI'tlay, of September 19--n before me,
Mary A. Carlson
the undersigned Notary Public, personally appeared
Mary Ann Hanover
%] personally known tome
❑ proved to me on the basis of satisfactory evidence
to be the person(jo who executed the within instrumenliffinicipal
City Clerk or onbehalf ofthg)crorpiorationtherein
named, and acknowledged to me that the�dor)ffiF'�AEcuted it.
WITNESS my hand and official seal.
• 23012 Ventura Blvd. • P.O. Box 4625
FOR�RDED IN OFFICIAL RECORDS
ANGECOUNTY, CALIFORNIA
2:30
P.M. DEC 14 1990
RECORDED AT THE REQUEST OF
AND RETURN TO:
e2-C/6ww,4 RECORDER
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano
City Clerk's Department(/ l ryl�l• ��"J!%i l6kN�
32400 Paseo AdelantoCh rylJohnson, City Clerk
San Juan Capistrano, CA 92675 F EXE -go City of San Juan Capistrano, CA
C14
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that work was performed in the City of San Juan Capistrano,
California, by San Juan Corporate Plaza, Architectural Control 85-3, as follows:
INSTALLATION OF SIGNAL IMPROVEMENTS AT RANCHO VIEJO
ROAD AND JUNIPERO SERRA ROAD, AND CONSTRUCTION OF
STREET IMPROVEMENTS ON RANCHO VIEJO ROAD FROM
MALASPINA DRIVE NORTH 800 FEET
✓June 30, 1990
That said work was completed/by said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said
work was recommended for approval and was accepted by the City Council of the City of
San Juan Capistrano, as owner, 32400 Paseo Adelanto, San Juan Capistrano, California
92675, at a regular meeting thereof held on the 4th day of December, 1990, by
Resolution No. 90-12-4-1
That upon said contract, the American Motorists Insurance Company was surety for the
bonds given by the said company as required by law.
Dated at San Juan Capistrano, California, this Sth day of December
1990.
%•T.U.I/allc'L'G?l, �L
C erlTi yl Johnson, City Clerk
City of San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of
the City of San Juan Capistrano, California, do hereby certify under penalty of perjury
that the foregoing Notice of Completion is true and correct, and that said Notice of
Completion was duly and regularly ordered to be recorded in the Office of the Orange
County Recorder by said City Council.
Dated at San Juan Capistrano, California, this Sth day of Decemb
1990.
ChLhryl Johnson, City Clerk
City of San Juan Capistrano
AGENDAITEM
TO:
FROM:
SUBJECT:
SITUATION
0
Stephen B. Julian, City Manager
n
December 4, 1990
Ray Wellington, Interim Director of Engineering & Building
Resolution, Notice of Completion, Final Report, AC 85-3, San Juan
Corporate Plaza, 30448 Rancho Viejo Road (Republic Commercial)
During the development review process for the construction of San Juan Corporate
Plaza, it was determined that a traffic signal was warranted at the intersection of
Rancho Viejo Road and Junipero Serra Road along with widening of Rancho Viejo Road
from Malaspina Road north 800 feet to the boundary with the Health Park project.
In May of 1988, the developer and the San Juan Capistrano Community Redevelopment
Agency (CRA) entered into a Reimbursement Agreement (attached) for installation of
the street and signal improvements.
Those public improvements required for the referenced project have now been inspected
and recommended for acceptance by the Engineering Division. The right-of-way
necessary to accomodate the improvements was accepted in a prior Council action.
All sureties held for this project are bonds written by American Motorists Insurance
Company. Bonds consist of a Labor and Material Bond and a Performance Bond, both in
the amount of $386,400, and a Monumentation Bond for $2,800.
NOTIFICATION
Republic Commercial Company, Walter Gaynor, developer
Suttcor International
Christensen Engineering
COMMISSION/BOARD REVIEW. RECOMMENDATIONS
Not applicable.
FINANCIAL CONSIDERATIONS
All reimbursement payments have been previously made to San Juan Corporate Plaza
from the CRA. There is no additional cost or compensation to the City associated with
this action.
ALTERNATE ACTIONS
1. Accept the public improvements for AC 85-3.
2. Do not accept the public improvements for AC 85-3.
3. Request additional information from Staff.
FOR CITY COUNCIL AGENI35 �
AGENDA ITEM
December 4, 1990
Page 2
RECOMMENDATION
By resolution, determine that the street and signal improvements for AC 85-3, San Juan
Corporate Plaza, has been completed and declare the work to be accepted; authorize
exoneration of the following bonds: Performance, $386,400; Labor and Material,
$386,400; and Monumentation, $2,800. Direct the City Clerk to, within ten days from
the date of acceptance, file a notice of completion with the Orange County Recorder;
authorize Staff to retain a 10% retention until thirty-five (35) days after recordation of
the notice of completion.
Respectfully submitted,
Ray Wellington, P.E.
RW/RAF:ssg
Attachments
0
RESOLUTION NO. 90-12-4-1
a
A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED FOR THE CONSTRUCTION OF STREET
IMPROVEMENTS ON RANCHO VIEJO ROAD FROM MALASPINA
ROAD NORTH 800 FEET AND THE INSTALLATION OF A TRAFFIC
SIGNAL AT THE INTERSECTION OF RANCHO VIEJO ROAD AND
JUNIPERO SERRA ROAD (SAN JUAN CORPORATE PLAZA,
REPUBLIC COMMERCIAL COMPANY)
WHEREAS, the San Juan Capistrano Community Redevelopment Agency has
entered into an reimbursement agreement with San Juan Corporate Plaza for the
installation of street improvements on Rancho Viejo Road from Malaspina Road north
800 feet and traffic signal installation at the intersection of Rancho Viejo Road and
Junipero Serra Road; and,
WHEREAS, said improvements have been inspected and installed to the
satisfaction of the City Engineer.
NOW, THEREFORE, the City Council of the City of San Juan Capistrano, does
resolve as follows:
SECTION 1. That the work required to be performed by said Developer in
said Reimbursement Agreement has been completed.
SECTION 2. That the work is hereby accepted and approved.
SECTION 3. The City Clerk is directed to forthwith forward a "Notice of
Completion" to the County Recorder of the County of Orange for recording.
PASSED, APPROVED, AND ADOPTED this 4th day
Of December , 1990.
ATTEST:
CITY CLERK
1
0 0
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. 90-12-4-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 4th day
of December , 1990, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland
and Mayor Hausdorfer
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSON, CITY CLERKT�
-2-
466, 6a3
AGREEMENT RELATING TO MAINTENANCE OF SLOPE AND LANDSCAPING
JUNIPERO SERRA AND RANCHO VIEJO ROAD SAN JUAN CORPORATE PLAZA)
(318.5/406.623)_
This item was removed from the Consent Calendar at the
request of the Director of Public Works.
Mr. Murphy advised that the property had been recently
acquired by San Juan Corporate Plaza from Junipero Serra
Partnership; the agreement submitted for consideration was
with San Juan Corporate Plaza. It was moved by Councilman
Suchheim, seconded by Councilman Friess, and unanimously
carried to approve the agreement with San Juan Corporate
Plaza for installation and maintenance of slope improvements
and landscaping within a portion of City right-of-way along
Rancho Viejo Road just north of Malaspina Road, as set forth
in the report dated September 17, 1985, from the Director of
Public Works. The Mayor and City Clerk were authorized to
execute the agreement on behalf of the City; the City Clerk
was directed to forward the agreement to the Orange County
Recorder's Office.
911 /7/8s
1041 -
AGENDA ITEM
TO: Stephen B
September 17, 1985
Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Agreement Relating to Maintenance of Slope and
Landscaping, Junipero Serra and Rancho Viejo Roads
(Junipero Serra Partnership)
SITUATION:
The attached agreement has been developed to provide for the
installation and maintenance of slope improvements and land-
scaping within a portion of City right-of-way along Rancho
Viejo Road just north of Malaspina Road (see attached exhibit).
This right-of-way is behind the ultimate right -o£ -way for
Rancho Viejo Road and was acquired from Caltrans as excess
freeway frontage.
COMMISSIONS, BOARDS REVIEW/RECOMMENDATION:
Not applicable
FINANCIAL CONSIDERATIONS:
There is no cost of compensation associated with this action.
ALTERNATE ACTIONS:
1. Approve the agreement relating to maintenance of slope and
landscaping.
2. Do not approve the agreement relating to maintenance of slope
and landscaping.
3. Request further information from Staff.
RECOMMENDATION:
By motion, approve the agreement relating to maintenance of slope
and landscaping; authorize the Mayor and City Clerk to execute
the agreement and direct the City Clerk to record the agreement
with the Orange County Recorder.
----------------------------------------------------------------
----------------------------------------------------------------
Respec llys�ujbmitted
W. D. Murphy
attachments
EXHIBIT "A"
LEGAL DESCRIPTION OF A CERTAIN PARCEL OF RANCHO VIEJO
ROAD RIGHTS OF WAY TO BE SLOPED, LANDSCAPED AND
MAINTAINED AS LATERAL SUPPORT FOR THE ADJOINING PROPERTY.
That certain real property situated in the City of San Juan Capistrano, County of
Orange, State of California described as follows:
COMMENCING at the intersection of the northwesterly terminus of an easterly course
in the California Interstate Highway right of way shown as " N. 440 45' 26" W.
496.07' " on Right of Way Record Map F - 1882.1 of the State of California Highway
Transportation Agency (hereinafter R/W Map), and that certain course shown as
" N. 876 58' 13" W. 1648.31' " also shown on said R/W Map; thence, leaving said
point of commencement,.South 444 43' 26" East 400.67 feet along the said existing
right of way to the TRUE POINT OF BEGINNING; thence, continuing northwesterly
along said right of way course South 440 43' 26" East 95.40 feet; thence, South
180 53' 06" East 130.00 feet; thence, South 100 51' 28" West 129.77 feet; thence.
leaving said existing right of way line, northwesterly along a new proposed
roadway and bike trail development line, North 40 10' 28" West 92.94 feet to the
beginning of a tangent curve, a radial through said point bears North 850 49' 32"
East; thence, northwesterly along said curve, concave southwesterly and having a
radius of 464.00 feet, through a central angle of 290 48' 15" an arc distance of
241.36 feet to the POINT OF BEGINNING.
,
A
SECONDARY HIGHWAY OXHIBIT "A" (Cont'd)
PROPOSED 15' 51KE TRAIL
AND DECELERATION LANE
R/W TO 5E DEDICATED TO
THE'CITY"
N. 870 58' 13." u
kass-q.xx
POC
505. 94'
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ex 15T A C
(SHADEDS __ .
NEW Q,
Rp.O.
IN
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BEARING OR
iii1ii
.umimot
DISTANCE OR —
NO.
DELTA AND RADIUS
ARC LENGTH
1
5. 440 43' 26"
E.
95.40'
2
S. 180 53' 06"
E.
130.00'
3
S. 100 51' 28"
W.
129.77'
4
N. 40 10' 28."
W.
92.94'
5
290 48' 15"
R= 464.00'
241.36'
IN
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10051'2B'$.
103.9!0'
140.57'
MALASPINA ROAD
so
December 11, 1990
Mr. Walter Gaynor
Republic Commercial Company
30448 Rancho Viejo Road, Suite 200
San Juan Capistrano, California 92675
Re:
Dear Mr. Gaynor:
JMaft
���19611I�
1776
MEMBERS OF THE CITY COUNCIL
LAWRENCE F. BUCHNEIM
KENNETH E. FRIERS
GARY L. HAUSOORFER
GIL JONES
JEFF VASQUEZ
CITY MANAGER
STEPHEN B. JULIAN
At their regular meeting held December 4, 1990, the City Council of the City of San
Juan Capistrano approved Resolution No. 90-12-4-1 declaring that street and signal
improvements for AC 85-3, San Juan Corporate Plaza has been completed and work has
been accepted. The City Council also authorized release of the Performance, Labor and
Material, and Monumentation bonds.
In addition, the City Council approved Resolution No. 90-12-4-2 accepting the dedicated
right-of-way for Rancho Viejo Road adjacent to Architectural Control 85-3, San Juan
Corporate Plaza. The original deed has been forwarded to the Orange County Recorder's
office.
Enclosed are copies of Resolution No. 90-12-4-1, No. 90-12-4-2 and the released bonds.
Very truly yours,
IZZt
Cheryl ]cASnso
City Clerk
Enclosure
cc: Suttcor International
Christiansen Engineering
Director of Engineering & Building Services
J24�0 YASEC, ADE LANFO. SAN JO -.A CAPISTRANO, CALIFORNIA 92675 0 (714) 489-1171
J«a,
' I�,Ly IA111H11111
uHH I 1961
1776
September 23, 1985
San Juan Corporate Plaza
c/o Walter Gayner
Republic Commercial Company
22952 Alcalde Drive, Suite 140
Laguna Hills, California 92653
Re: Agreement Relating to Maintenance of
Gentlemen:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIEZE
GARY L. HAUSOOR PER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B. JULIAN
and
The City Council of the City of San Juan Capistrano at its
regular meeting held September 17, 1985, approved the agreement
with San Juan Corporate Plaza relating to maintenance of slope
and landscaping for Junipero Serra and Rancho Viejo Roads.
A copy of the agreement is enclosed for your information. The
City's copy of the agreement has been forwarded to the County for
recordation.
Thank you for your cooperation. If you have any questions,
please do not hesitate to call.
Very ruly yours,
MARY ANN NOVER, CMC
City Clerk
MAH/mac
Enclosure
cc: Director of Public Works
John Meindl
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171