00-0104_HELD , W / C_Landscape Maintenance Agreement0
32400 PASEO ADELANTO
SAN JUAN CAPI5TRAN0, CA 92675
(949) 493-1 171
(949) 493-1053 (FAX)
January11, 2000
Wayne Held
225301 New Haven
J0014
1777676
ff11961
Lake Forest, California 92630-2820
Re: Vacation of Slope Easement
Dear Mr. Held:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
JOHN GREINER
MATT HART
GIL JONES
DAVID M. SWERDUN
CITY MANAGER
GEORGE SCARBOROUGH
At their meeting of January 4, 2000, the City Council of the City of San Juan Capistrano
held a public hearing to consider the vacation of a slope and drainage easement within and
adjacent to 28992 Via Escolar. Following the hearing, the City Council adopted Resolution
No. 00-1-4-2, which approved the easement vacation and a Landscape Maintenance
Agreement which provided for your installation and maintenance of landscaping in a city -
owned parkway adjacent to your property.
A copy of the Resolution and and fully -executed copy of the Agreement are enclosed for
your information. The Resolution, Agreement, and vacation deed have been forwarded
to the Orange County Recorder's office.
Please feel free to contact Tony Foster at 443-6351 if you have any questions.
Very truly yours,
Cheryl John
n
City Clerk
Enclosure
cc: Ronald Soderling (with copy of Resolution)
Coast Bible Church (with copy of Resolution)
Engineering and Building Director (with copy of Resolution)
Tony Foster (with copy of Resolution)
DRUG USE
Is
San Juan Capistrano: Preserving the Past to Enhance the Future
0
Recorded at the Request of
and Return to:
CITY CLERK' OFFICE
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Recorded in the
3ary L Granville
IIII III III I IIII I II I illlll I VIII I II
004 00035432
003 06 0 0.00
8.00 0.00
Doc Types: 003
Documentary Transfer Tax
No Tax Due -No consideration
Recording Requested Per Government
Code Section 6103 -Maintenance Agreement
Within Public Right -of -Way
U � �
CHERYL JOONSON, CITY CLERK
CITY OF SAN JUAN CAPISTRANO
County of Orange, California
Clerk/Recorder
No Fee
20000030037 11;10AM 01/18/00
116 04
.00 0.00 0.00 0.00 0.00
Project: Held Maintenance Agreement
Assessor's Parcel No.: 650-001-37
Address: 28992 Via Escolar, San Juan Capistrano, CA 92675
LANDSCAPE MAINTENANCE AGREEMENT
This agreement, made between the CITY OF SAN JUAN CAPISTRANO, hereinafter
referred to as "CITY" and Mr. WAYNE LARRY HELD and CYNTHIA JANE HELD, trustees
of the Held Family Trust, dated September 10, 1984, hereinafter refered to as "OWNER"
is for the purpose of ensuring on-going landscape maintenance to a CITY owned parkway.
Said parkway is located adjacent to OWNER'S property, located at 28992 Via Escolar, San
Juan Capistrano, more particularly the parkway between Rancho Viejo Road and the CITY
biketrail/pedestrian sidewalk. The area is shown on Attachment "A", attached hereto and
made a part hereof.
OWNER hereby agrees to install landscaping, as approved by CITY, and to maintain said
landscaping to the satisfaction of CITY. Said maintenance shall include but not be limited
to: watering, weed control and trimming of trees and shrubs.
This Agreement shall run with the land and be binding on future owners, assignees and
OWNERS designees,
Signed this 4"' day of�anuar 2000.
OLL AM ELL, MAYOR
ATTEST:
CHERYL JOHNSON, CITY CLERK
APPROVED AS TO FORM:
JO HAW, CITY ATTORNEY
OWNER:
WAY! E LARRY HtLb, TRUSTPEE
HELD FAMILY TRUST, DATED 9/10/84
(Sign with Notary present)
THIA JAN LD, TRUSTEE
H D FAMILY UST, DATED 9/10/84
(Sign with Notary present)
BE VACATED -
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State of CALIFORNIA
County of ORANGE
On 2t �Lgic 1444 before me, PHILIP J. HUGHES, NOTARY PUBLIC
(DATE) INAME/rITLE OF OFFICER -;...'JANE DOE, NOTARY PUBLIC'(
personally appeared
/-/cz-
SIGNERMII
❑ personally known to me -OR- 0'�proved to me on the
basis of satisfactory
evidence to be the
person(al whose name(Af
Is/cm subscribed to the
within instrument and
acknowledged to me that
he/sHsklaev executed the
(SEAL)
PH)LIP) HUGHES COMMNotary . # 1163799
ORAjyGECCRU U,
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ATTENTION NOTARY
same In nlsnw
authorized capacity4+es),
and that by his/laal�e+r
signature(f6) on the
instrument the person (9),
or the entity upon behalf
of which the personV
acted, executed the
instrument.
my hand and official seal
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
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
Signerls) Other Than Named Above
WOLCOTTS FORM 83500 Rev. 3.94 lPnc. else 9-9A) 1994 WOLCOTTS FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/ O FINGERPRINTS
RIGHT THUMBPRINT (Optional)
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CAPACITY CLAIMED BY SIONERIS)
❑INDIVIDUALIS)
❑CORPORATE
OFFICER(S)
OPARTNEMSI OLIMITED
❑GENERAL
❑ATTORNEY IN FACT
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❑OTHER:
SIGNER IS REPRESENTING:
(Name of Person(s) or Entity(iea)
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CAPACITY CLAIMED BY SIGNERIS)
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❑OTHER:
SIGNER IS REPRESENTING:
(Name of Personls) or Entity(iesl
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ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Ova N _f .I--
On
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On /a — a 1— '7 i before me,
(DATE)
personally appeared Y) ) / C1 ✓Gt
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ORANGECOUNTY
My Corms Exp. Sept 11, 2002
SS.
NOTARY)
SIONER(S)
proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
Y-9 INDIVIDUAL a
LJ CORPORATE OFFICER tany!SCR4Q• /tf4i /h�e„g yCereeate:
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑
PARTNER(S)
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
O�
NUMBER OF PAGES
fZ- .2-1-5y
DATE OF DOCUMENT
OTHER
RIGHT THUMBPRINT
OF
E
SIGNER
APA 12/98 VALLEY -SIERRA, 800-362-3369
0 0
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On January 4, 2000 before me, Cheryl Johnson , City Clerk, personally appeared
-- Collette Campbell -- personally known to me to be the person whose name
is subscribed to the within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
(SEAL)
Capacity Claimed by Signer
Municipal Corporate Officer
Title
Signer is Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
OPTIONAL
Description of Attached Document
Landscape Maintenance Agreement
Title or Type of Document
Number of Pages
January 4, 2000
Date of Document
Wayne & Cynthia Held
Signer(s) Other Than Named Above
9 0
RESOLUTION NO. 00-01-04-3
APPROVING VACATION OF AN EASEMENT FOR SLOPE AND
DRAINAGE PURPOSES (28992 VIA ESCOLAR/HELD/MISSION TIREI
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, VACATING AN EASEMENT FOR SLOPE AND
DRAINAGE PURPOSES AND APPROVING A LANDSCAPE MAINTENANCE
AGREEMENT FOR PROPERTY WITHIN AND ADJACENT TO 28992 VIA
ESCOLAR, ASSESSOR PARCEL NO. 650-011-37 (WAYNE HELD/MISSION
TIRE)
WHEREAS, on April 15, 1997, the City accepted an easement for slope and
drainage purposes within Assessor Parcel No. 650-011-37 from the Transportation Corridor
Agency in conjunction with completion of the San Joaquin Hills Transportation Corridor; and,
WHEREAS, the underlying property owner, Mr. Wayne Held, has requested the
City vacate said easement in order to accommodate landscape improvements proposed to be
installed by Mr. Held; and,
WHEREAS, Mr. Held has agreed to reimburse the City in the amount of $4,000;
and,
WHEREAS, Mr. Held has agreed to enter into a Landscape Maintenance
Agreement; and,
WHEREAS, the City Council has determined that there is no further need to
retain said easement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1.
The City Council hereby vacates the slope/drainage easement, Parcel No.
300009-1, as shown on an Easement Deed recorded with the Orange County Recorder as
Document No. 199770198060 and as shown on Exhibit A, Vacation Deed, attached hereto.
SECTION 2.
The City Council hereby approves the corresponding Landscape Maintenance
Agreement, attached hereto as Exhibit B.
SECTION 3.
The Mayor and City Clerk are hereby authorized to execute the Resolution,
Vacation Deed and Landscape Maintenance Agreement.
-1-
0 0
SECTION 4.
The City Clerk is hereby directed to forward the Resolution, Deed and Landscape
Maintenance Agreement to the Orange County Recorder's Office.
PASSED, APPROVED, AND ADOPTED this 4th day of
January , 2000.
OLL CAMP LL, MAYOR
ATTEST:
CI�YCLERKJ
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.
00-01-04-3 adopted by the City Council of the City of San Juan Capistrano,
California, at a regular meeting thereof held on the 11-h day of January
2000, by the following vote:
AYES: Council Members Jones, Greiner, Swerdlin and
Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: Council Member Hart
(SEAL)
CHERYL JOH , OTY CLERK
-2-
0
Recorded at the Request of
and Return to:
CITY CLERK'S OFFICE
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Documentary Transfer Tax
No Tax Due -No consideration
Recording Requested Per Government
Code Section 6103 -Public easement vacation
CHERYL JOHNSON, CITY CLERK
CITY OF SAN JUAN CAPISTRANO
41
Project: Slope/drainage easement vacation
Assessor's Parcel No. 650-011-37
Address: 28992 Via Escolar, San Juan Capistrano, CA 82675
EXHIBIT A
SLOPE AND DRAINAGE EASEMENT VACATION DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY
OF SAN JUAN CAPISTRANO, a Municipal Corporation, does hereby vacate the slope and
drainage easement, Parcel No. 300009-1 on the Easement Deed recorded with the
Orange County Recorder as Document No. 19970198060, pertinent portions of which are
included as Attachment "A", attached hereto and made a part hereof, to Mr. Wayne L.
Held, whose mailing address is: 25301 New Haven, Lake Forest, CA 92630,
OLLENE CAMPBELL, MAYOR
ATTEST:
'1
CHERYL JO OD , CITY CLERK
f.
• ATTACHMENT "A�
Recording Requested by,
Transportation Corridor Agency
When Recorded, Mail to:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AttnWilliam Huber
EASEMENT
DEED
(CORPORATION)
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
I������ No Fee
19978198868 18:18am 84/36/97
004 19004170 19 20
E01 9 23 0.00 7.00 24.00 0,00 0.00 8.00 0.00
0.00 0.00
This office Is exempt from foing fees
under Govemmeru Code §6103.
NO TAX DUE FOR CODE 11922
Swoe above this line for Recorder's Use
Agency
County
Route
Post Mile
Parcel Number
SJHTCA
Orange
73
9.6 to 11.5
SEE EXHIBIT
A..
San Joaquin Hills Transportation Corridor Agency, a California joint powers agency, does
hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, all 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.
See Exhibit "B" attached hereto and by this reference made a part hereof.
SJU0103.7BBgk
Sheet I of 8
• EXHIBIT "A" •
EASEMENT DEEDS
THOSE PARCELS OF LAND IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY
OF ORANGE, STATE OF CALIFORNIA, BEING THOSE PORTIONS OF FRACTIONAL
SECTIONS 24 AND 25, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, ALONG
WITH A PORTION OF LOT 1, TRACT NO. 112, AS SHOWN ON A MAP RECORDED
IN BOOK 11, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, AND THAT PORTION OF LOT B, OF TRACT NO. 7671 AS SHOWN ON A
MAP RECORDED IN BOOK 299, PAGES 47 THRU 49 INCLUSIVE OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND A
PORTION OF PARCELS 2 AND 3 OF BOOK 14, PAGE 48 OF PARCEL MAPS, AND
THAT PORTION OF PARCELS 2 AND 3 OF BOOK 75, PAGE 39 OF RECORDS OF
SURVEYS AND THOSE PORTIONS OF PARCELS 1 AND 2 OF LOT LINE
ADJUSTMENT NO. LL 77-27, RECORDED NOVEMBER 14, 1977 IN BOOK 12454,
PAGE 1568, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
SECTION 1.1
SLOPE AND DRAINAGE EASEMENTS
PARCEL NO.
300001-1 OF DOCUMENT NO.
19950587078, RECORDED 12/29/95
PARCEL NO.
300002-1 OF DOCUMENT NO.
94-0470471, RECORDED 7/26/94
PARCEL NO.
300003-1 OF DOCUMENT NO.
19960303715, RECORDED 6/14/96
PARCEL NO.
300004-1 OF DOCUMENT NO.
19960515337, RECORDED 10/9/96
PARCEL NO.
300005-1 OF DOCUMENT NO.
19960230782, RECORDED 5/8/96
PARCEL NO.
300006-1 OF DOCUMENT NO.
19960522966, RECORDED 10/15/96
PARCEL NO.
300007-1 OF DOCUMENT NO.
19950556257, RECORDED 12/13/95
PARCEL NO.
300008-1 OF DOCUMENT NO.
19950471395, RECORDED 10/24/95
PARCEL NO.
300009-1 OF DOCUMENT NO.
19960333562, RECORDED 7/1/96
PARCEL NO.
300112 OF DOCUMENT NO.
19960228676, RECORDED 5/7/96
PARCEL NO.
300114-1 OF DOCUMENT NO.
19960322716, RECORDED 6/25/96
PARCEL NO.
300117-1 OF DOCUMENT NO.
19950521221, RECORDED 11/27/95 -
PARCEL NO.
300172 OF DOCUMENT NO.
19950587078, RECORDED 12/29/95
PUBLIC STREET AND UTILITY EASEMENTS -
PARCEL NO.
300001-2 OF DOCUMENT NO.
19950587078, RECORDED 12/29/95
PARCEL NO.
300002-2 OF DOCUMENT NO.
94-0470471, RECORDED 7/26/94
PARCEL NO.
300005-2 OF DOCUMENT NO.
19960230782, RECORDED 5/8/96
PARCEL NO,
300006-2 OF DOCUMENT NO.
19960522966, RECORDED 10/15/96
PARCEL NO.
300007-2 OF DOCUMENT NO,
1.9950556257, RECORDED 12/13/95
PARCEL NO.
300008-2 OF DOCUMENT NO.
19950471395, RECORDED 10/24/95
PARCEL NO,
300009-2 OF DOCUMENT NO.
19960333562, RECORDED 7/1/96
PARCEL NO.
300103 OF DOCUMENT NO.
94-0158929, RECORDED 3/4/94
PARCEL NO.
300112-2 OF DOCUMENT NO.
19960228676, RECORDED 5/7/96
PARCEL NO.
300117-2 OF DOCUMENT NO.
19950521221, RECORDED 11/27/95
PARCEL NO.
300117-3 OF DOCUMENT NO.
19950521221, RECORDED 11/27/95
PARCEL NO.
300117-4 OF DOCUMENT NO.
19950521221, RECORDED 11/27/95
SJH0103.7BBgk Sheet 3 of 8
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CITY OF SAN JUAN CAPISTRANO
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, California 92675
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
This is to certify that the interest in real property conveyed by the Easement Deed
for Public Street, Slope, Drainage and Utilities along Rancho Viejo Road, dated March 13, 1997,
from the San Joaquin Hills Transportation Corridor Agency to the CITY OF SAN JUAN
CAPISTRANO, a political corporation and/or governmental agency, is hereby accepted by order
of the City Council on April 15, 1997, and the grantee consents to recordation thereof by its duly
authorized officer.
(SEAL)
Cheryl Johnsdd CM Clerk
San Juan Capistrano, California
DATED: This 16th day of April, 1997
Recorded at the Request of
and Return to:
CITY CLERK' OFFICE
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Documentary Transfer Tax
No Tax Due -No consideration
Recording Requested Per Government
Code Section 6103 -Maintenance Agreement
Within Public Right -of -Way
CHERYL JOHNSON, CITY CLERK
CITY OF SAN JUAN CAPISTRANO
Project: Held Maintenance Agreement
Assessor's Parcel No.: 650-001-37
Address: 28992 Via Escolar, San Juan Capistrano, CA 92675
LANDSCAPE MAINTENANCE AGREEMENT
This agreement, made between the CITY OF SAN JUAN CAPISTRANO, hereinafter
referred to as "CITY" and Mr. WAYNE LARRY HELD and CYNTHIA JANE HELD, trustees
of the Held Family Trust, dated September 10, 1984, hereinafter refered to as "OWNER"
is for the purpose of ensuring on-going landscape maintenance to a CITY owned parkway.
Said parkway is located adjacent to OWNER'S property, located at 28992 Via Escolar, San
Juan Capistrano, more particularly the parkway between Rancho Viejo Road and the CITY
biketrail/pedestrian sidewalk. The area is shown on Attachment "A", attached hereto and
made a part hereof.
OWNER hereby agrees to install landscaping, as approved by CITY, and to maintain said
landscaping to the satisfaction of CITY. Said maintenance shall include but not be limited
to: watering, weed control and trimming of trees and shrubs.
This Agreement shall run with the land and be binding on future owners, assignees and
OWNERS designees,
Signed this day of 2000
COLLENE CAMPBELL, MAYOR
0 t
ATTEST:
CHERYL JOHNSON, CITY CLERK
APPROVED AS TO FORM:
JOHN SHAW, CITY ATTORNEY
[[]ANTI :71
WAYNE L. HELD
(Sign with Notary)
1 1i
EASEMENT AREA TO BE VACATED
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AYES:
NOES:
ABSENT:
0
Council Members Jones, Greiner and Swerdlin and Mayor
Campbell
None
Council Member Hart
With consensus of the City Council, Staff was directed to prepare a resolution initiating
a rezoning study to prohibit any further restaurants with drive-thru facilities.
3. ADOPTION OF A RESOLUTION VACATING A SLOPE AND DRAINAGE
EASEMENT WITHIN PROPERTY LOCATED AT 28992 VIA ESCOLAR AND
600.30/670.50
f
Proposal:
Consideration of a Resolution vacating a slope and drainage easement within property
located at 28992 Via Escolar; and consideration of a Landscape Maintenance
Agreement.
Applicant:
Wayne Held, 25301 New Haven, Lake Forest, CA 92630
Written Communications:
Report dated January 4, 2000, from the Engineering and Building Director, advising that
Wayne Held had requested that the City vacate a slope and drainage easement within
his property located at the southeast corner of Via Escolar and Rancho Viejo Road.
The easement had been granted by Mr. Held to the Transportation Corridor Agency to
accommodate construction of the San Joaquin Hills Transportation Corridor. The
easement had been transferred to the City upon completion of the Corridor. Mr. Held
had agreed to reimburse the City $4,000 for the easement, and to enter into a
Landscape Maintenance Agreement for maintenance of the adjacent parkway.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the public
hearing and there being no response, closed the hearing with the right to re -open at any
time.
Adoption of Resolution:
It was moved by Council Member Jones and seconded by Council Member Swerdlin
that the following Resolution be adopted vacating the easement and approving the
Landscape Maintenance Agreement:
City Council Minutes
1/4/00
RESOLUTION NO. 00-1-4-3, APPROVING VACATION OF AN
EASEMENT FOR SLOPE AND DRAINAGE PURPOSES (28992 VIA
ESCOLAR/HELD/MISSION TIRE) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
VACATING AN EASEMENT FOR SLOPEAND DRAINAGE PURPOSES
ANDAPPROVINGA LANDSCAPE MAINTENANCE AGREEMENT FOR
PROPERTY WITHIN AND ADJACENT TO 28992 VIA ESCOLAR, SAN
JUAN CAPISTRANO, ASSESSOR PARCEL NO. 650-011-32 (WAYNE
HELD/MISSION TIRE)
The motion carried by the following vote:
AYES: Council Members Jones, Greiner and Swerdlin and Mayor
Campbell
NOES: None
ABSENT: Council Member Hart
4. APPROVAL OF REVOCATION OF INTERIM URGENCY ORDINANCE NO. 838
44� 0.25)
Proposal:
Hearing held to consider revocation of Interim Urgency Ordinance No. 838, which
suspended the processing of certain development applications while the City conducted
a comprehensive review of the City's General Plan. The updated General Plan had
been adopted by Council on December 12, 1999.
Applicant:
City of San Juan Capistrano
Written Communications:
Report dated January 4, 2000, from the Planning Director, advising that upon adoption
of the revised General Plan, Staff was to schedule a hearing to consider an ordinance
action to revoke its provisions.
Thomas Tomlinson, Planning Director, made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the public
hearing and the following person responded:
(1) Mark Nielsen, 31621 Via Quixote, noted that it was less than 30 days since
adoption of the General Plan update, and there were a number of issues related
to implementation of the General Plan. He questioned whether it was advisable
to take this action at this time.
There being no further response, Mayor Campbell closed the hearing with the right to
re -open at any time.
City Council Minutes -9- 1/4/00
AGENDA ITEM January 4,2000
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: Consideration of a Resolution Vacating a Slope and Drainage Easement
Within Property Located at 28992 Via Escolar and Approval of a Landscape
Maintenance Agreement (Wayne Held/Mission Tire/SJHTC)
RECOMMENDATION:
Adopt the Resolution which:
1. Vacates the easement for slope and drainage purposes and approves the
corresponding Landscape Maintenance Agreement.
2. Authorizes the Mayor and City Clerk to execute the Resolution, Vacation Deed and
Landscape Maintenance Agreement.
3. Directs the City Clerk to forward the Resolution, Vacation Deed and Landscape
Maintenance Agreement to the Orange County Recorder.
SITUATION:
A. Summary and Recommendation:
Per Attachment 2, Mr. Wayne Held has requested the City vacate a slope and
drainage easement within his property. The subject property is located at the
southeast corner of Via Escolar and Rancho Viejo Road (Attachments 1 and 3).
The easement was granted by Mr. Held to the Transportation Corridor Agency
(TCA) to accommodate construction of the San Joaquin Hills Transportation
Corridor (SJHTC).
The easement was transferred to the City upon completion of the Corridor. Mr. Held
has agreed to reimburse the City in the amount of $4,000 for the easement. Mr.
Held has also agreed to enter into a Landscape Maintenance Agreement
(Attachment 4) for maintenance of the adjacent parkway. Staff recommends
adoption of the subject Resolution (Attachment 5), execution of the corresponding
Vacation Deed (Attachment 6) and approval of the Landscape Maintenance
Agreement.
FOR CIN COUNCIL AGEN Z�j
AGENDA ITEM
January 4, 2000
Page 2
B. Background:
Improvement of the SJHTC required the shifting of Rancho Viejo Road to the east
of its original alignment. This required easements for the new roadway within the
Held property. An easement was also taken for combined slope and drainage
purposes. The final design did not include a slope for this area. However, an open
"V" ditch was to be installed within the Held and adjacent Resco properties
(Attachment 3). During construction, the "V" ditch was shortened and a drain
installed within the Resco property, eliminating the "V" ditch in the Held property.
The City accepted the roadway and slope/drainage easements in 1997. As shown
on Attachment 3, the roadway easement also includes the adjacent parkway and
the bikeway/pedestrian sidewalk. The subject drain and slope easement
encroaches an additional twenty-five feet into the Held property.
The subject easement area and adjacent parkway were landscaped by the TCA.
However, the landscaping has not performed well and Mr. Held wishes to
relandscape and maintain both areas. Staff has prepared a Landscape
Maintenance Agreement which will ensure continued maintenance by present and
future owners of the Held property.
COMMISSION/BOARD REVIEW AND RECOMMENDATION:
Not applicable.
FINANCIAL CONSIDERATIONS:
Per Attachment 2, Mr. Held has agreed to reimburse the City $4,000 for the subject
easement. In addition, Mr. Held will be absorbing maintenance costs for both the
easement area and the adjacent parkway.
NOTIFICATION.
Mr. Wayne Held
RESCO, c/o Ronald Soderling
Coast Bible Church
ALTERNATE ACTIONS:
1. Adopt the Resolution and approve the Maintenance Agreement,
2. Do not adopt the Resolution or approve the Maintenance Agreement.
3. Request additional information from Staff.
AGENDA ITEM
January 4, 2000
Page 3
RECOMMENDATION:
Adopt the Resolution which:
1. Vacates the easement for slope and drainage purposes and approves the
corresponding Landscape Maintenance Agreement.
2. Authorizes the Mayor and City Clerk to execute the Resolution, Vacation Deed and
Landscape Maintenance Agreement.
3. Directs the City Clerk to forward the Resolution, Vacation Deed and Landscape
Maintenance Agreement to the Orange County Recorder.
Respectfully submitted,
G�/�, /�
William M. Huber
Director of Engineering and Building
WMH/RAF
Prepared by,
R. Anthony Foster
Engineering Assistant
Attachments: 1. Location Map
2. Wayne Held Letter of August 18, 1999
3. Area Detail
4. Landscape Maintenance Agreement
5. Resolution 00-1-4-
6. Vacation Deed
heldl
ATTACHMENT
LOCATION MAP
I
no scale
*ATTACHMENT 2
WAYNE L. HELD
25301 NEW HAVEN
LAKE FOREST, CA 92630
Phone: (949) 770-9969
Cell: (949) 887-9953
August 18, 1999
Mr. Bill Huber, City Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Slope and Drainage Easement — Parcel No. 300009-1
Dear Mr. Huber:
Thank you for meeting with me in your office on August 3 regarding the subject
easement located at Via Escolar and Rancho Viejo. As you recall, the basis for our
discussion was to find an agreeable solution regarding the City's interest in
abandoning the subject easement.
As you are aware, my primary goal is to return this property to a similar condition
which existed prior to its condemnation resulting from the 73 Toll Road
construction. Approximately, two years ago, I had several discussions with the
llCy Iegai Uing aVa-ivniung thai S Tt .. s m i k ndp ctandmaa at that time
that the City was in agreement with this proposal and therefore I proceeded with
spending approximately $17,000 in improvements. This consisted of curbs,
gutters, two large water drains and pavement to deal with water runoff. Just prior
to landscaping the parcel, I was informed that the City had some concerns
regarding this issue.
I feel it is in both of our interests to resolve this matter so that this property can be
landscaped which will enhance the overall appearance of this corner. This is also
the desire which has been expressed by the residences and businesses who are
either adjacent to the property or drive by it on a daily basis.
August 18, 1999
Mr. Bill Huber
Page Two
As we discussed in your office, along with Mr. Foster present, I have agreed to do
the following in exchange for the abandonment of the subject easement by the
City:
• Pay the City of San Juan Capistrano $4,000 cash
• Landscape and maintain the area between the property parking area and the
bikepath/sidewalk
• Landscape and maintain the portion of City property along Rancho Viejo Road
(parkway) between the street curb and the bikepath/sidewalk
Thank you for your consideration in this matter. If you require any additional
information, please let me know.
Sincerely,
W4� ;�1/ eek
Wayne L. Held
1 !
EASEMENT AREA TO BE VACATED
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32400 PAS90 ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949)493-1171
(949) 493-1053 (FAX)
January 6, 2000
� JMa9
1776
Clerk -Recorder's Office
County of Orange
P. O. Box 238
Santa Ana, California 92701
Re: Landscape Maintenance Agreement
Gentlemen:
The following document is enclosed for recordation:
00VORMED COQ'f
NdWornpared will Original
MEMBERS OF THE CITY COUNCIL
Cot LENE CAMPBELL
JOHN GREINER
WYATT HART
GILJONES
DAVID M. SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
Landscape Maintenance Agreement with Wayne and Cynthia Held
When placed of record, please return said document to this office.
A duplicate copy of this letter is enclosed. Please stamp Document Number and date of
recording on the letter and return it to this office in the enclosed, stamped, self-addressed
envelope at your earliest convenience.
Thank you for your cooperation.
Very truly yours,
Recorded in the County of Orange,
California
Cheryl John on,allll,llllllss��l�lllllvil�N, Fee City Clerk j 1 INI
20000030037 11;10AM t1/1"t
Enclosure 004 035 0
432ig j00 0400 0.00 0.00 0.00
003 06 0
0.00 0.00
30C Types: 003
San Juan Capistrano: Preserving the Past to Enhance the Future