Loading...
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' ,`�O ex 15T A C (SHADEDS __ . NEW Q, Rp.O. IN •MEQ 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 •MEQ iii1ii .umimot un vim► 71 Ulm ■lm 'N uu� uu o 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