Loading...
1982-0105_KRUST, W / S_Agreement Y 82,-0141C3 mpr C14 Recorded at the request of: Recording Fees Exempt Due To City of San Juan Capistrano Government Code Section 6103 When recorded return to: City Clerk, City of San Jul. CapiistYai 32400 Paseo Adelanto MARY ANN aOVER, City Clerk San Juan Capistrano, CA 9267 San Juan pistrano, Cy AGREEMENT Tb ASSUME CARE AND MAINTENANCE OF PORTION OF LAND LOCATED WITHIN LAND- SCAPE MAINTENANCE DISTRICT THIS AGREEMENT is made as of this 5th day of January, 1982, by and between the City of San Juan Capistrano, hereinafter called "CITY" , and WILLIA14 W. AND SHIRLEY S . KRUST, hereinafter called "OWNER. " W I T N E S S E T H: WHEREAS, OWNER is the owner of certain real property located in the City of San Juan Capistrano, County of Orange, State of California, described as Lot 7 , Tract 9284 ; and WHEREAS, the aforesaid property is located within Landscape Maintenance District, Tract 9284 , created pursuan*,,�q Sections 50575 through 50628 et seq of the Government Co4e;`e x .. WHEREAS, care and maintenance of certain property located within the aforesaid District has been accomplished by the CITY and the cost thereof allocated to property owners therein; and WHEREAS, OWNER desires to improve that portion of Lot 7 located within the District and to assume care and maintenance thereof. NOW, THEREFORE, in consideration of the premises and the terms and conditions hereinafter contained, CITY and OWNER agree as follows : 1. OWNER shall, upon compliance with all applicable ordinances and other rules and regulations of the CITY, be permitted to improve that portion of Lot 7, Tract 9284 , located within the boundaries of the District. 2. OWNER, shall, thereupon, assume the full care, maintenance and control of said area and keep and hold the District, the CITY, its agents, representatives , employees and officers free and harmless from any and all claims , obligations, or responsibilities 82,-0141^3 STATE OF CIAIFORNIA, fi CMIM MFQrappP OfL January 8 j9_§,7 before me, the undersigned, a Notary Public in and for the said State, personally appeared know to me to be the President,and MARY ANN HANOVER known to me to bethc MWf CTTY CIFRK OF " 7MARQUARD NlunLci al EAL -- — th Cnlpnralion that WCUted the ::ilhin IrstlUmcnt, l.nO to :oC to be the per,ons v;ho P.UTNOTARYALIFORNIA ezceulyd the Y:ilhin Insllumcnt, nn be :af of toe Corpofahoa herein named, and acknoreludged NTY to me that such Corporalion executed tire within Instrument pursuant to its byiavis or a m My ccmm. expires MAY 23, 1984 tesolution of its board of directors. MUM my hand and ollicial seal. � • Foluy Public in anll lot said 10. ICKKewllfrlial Nl—Car1•—fpi. t fnt—Mwlto111(aim 274 Nov.]61--`��"�� STATE OF C11IFORNIA, ]S. Mray Of Orange r ON January S i912 before me, the undersigned, a Notary Public in and for the said State, personalty appeared PBlLLIP_R. SCHWARTZE known to me to be the MAYOR OF pi x knotiYn to me to be the _SccretP'y of Municipal th�ration that executed the v.,ilhin Instrument, knolYn to me to be the persons who executed the within Instfuno_nt, on lc!I:af of Ina Corpolabon herein named, and ackno:vledged to me that such Corporation executed Ilia within Instrument pursuant to its bylaws or a resolution of its board of directors. 018T1tQAt S bw Will' SS niy hand and oQ16,1l seal. AAWWAVWHA'N� ORANGE Ile: My'oomm, expires;b9tITY APR 20, 19M1`� i fy publit in and lot said Slale. ACKheWII VGMI NI—Cw,p—tun: lint—Wnlcw111 rain v4"R.I. 161---- —_•�—= — _.—_—'_'—. 1 - . 82-014103 of whatsoever kind and nature, resulting, directly or indirectly from such care, maintenance and control. Owner shall, however, continue to remain responsible for the general costs of maintenance assessed for the general benefit of all owners within the Landscape Maintenance Districts. 3 . CITY shall, accordingly, not include the aforesaid deleted portion of Lot 7, Tract 9284 in its calculations of assessments, if any to be imposed upon OWNER. 4. OWNER acknowledges and agrees that the deletion benefits his property, and that the attendant burdens shall run with the land. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. CITY OF SAN JUAN CAPISTRANO ATTEST: 4)66�v, �51 PHILLIP CHWAR ZE, MA MARY A O ER, CITY CLERK ' OWNERS By WILLIAM T By S L t S. KRU T APPROVED AS TOO FORM: ll, 01-MES S. OKAZAKI, Y ATTORNEY � ,; `4*J`1j AaIMnR•S V -2 b2-014103 State of California On this the llthday of December 19 81, before me, Orange SS. County of 9 the undersigned Notary Public, personally appeared SHIRLEY S . KRUST OFFICI L SEAL known to me to be the person(s) whose name(s) subscribed RUTH [ MAROUARD she No�Aav My vuHt, CALIFORNIA to the within instrument and acknowledged that \ ' aRAucE c�'j executed the same for the purposes therein contained. cenm. expires MAY 23, 1984 -- v T--- IN WITNESS WHEREOF, I hereunto set my hand and official seal. GENERAL ACNNOWLEOCEMENT FOP' State of California On this the 10th day of December 19 81 , before me, Orange SS. County of 9 the undersigned Notary Public, personally appeared WILLIAM W. KRUST I' known to me to be the person(s) whose name(s) is subscribed OFFICIAL SEAL q to the within instrument and acknowledged that he C;14 RUTH E MAROUARD NOTARY PUBLIC - CALIFORNIA executed the same for the purposes therein contained. ORANGE COUNTY IN WITNESS WHEREOF, I hereunto set my hand and official seal. My comm. expires MAY 23, 1984 GENERAL ACKNOWLEDGEMENT FORM =P1MJA"N1 2e► 2. AGREEMENT FOR MAINTENANCE OF CITY PROPERTY - LOT 7 , TRACT 9284 , SEA VIEW ESTATES (KRUST) (38) Written Communications: (1) Report dated January 5, 1982, from the Director of Public Works forwarding a proposed agreement to allow an encroachment into the right-of-way of the City Landscape Maintenance District property for construction of a residence on a portion of Lot 7 , Tract 9284. The owner shall assume the care and maintenance of the property in question. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried„to approve the Agreement between the City and William and Shirley Krust and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. —X ,4 KK l J2400PASE0 ADELANTO SAN J H P15TRANO;CAUFO RNI 92675 ' � NONE 49]�j 17 January 12, 1982 William and Shirley Krust 33565 Via Corvalian Dana Point, California 92629 Re: Agreement with Adjacent Property-Owner for Maintenance of City Property - Lot 7, Tract 9284, Avenida Pedregal (Sea View Estates)' Dear Mr. and Mrs. Krust: Enclosed is a copy of the Agreement relating to your request to be allowed to encroach into the City's Landscape Maintenance District Right-of-Way in the building of a residential structure, Lot 7, Tract 9284. The Agreement was approved by the City Council at their meeting of January 5 and the original was forwarded to the County of Orange for recording. Thank you for your cooperation. Very truly yours, MARYANN OVER, CMC City Clerk MAH/na Enclosure cc: Director of Public Works • AGENDA ITEM January 5 , 1981 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Agreement with Adjacent Property-Owner for Maintenance of City Property - Portion of Land Located Within Landscape Maintenance District, Lot 7 , Tract 9284 , Avenida Pedregal (Sea View Estates) SITUATION The property owner has requested that he be allowed to encroach into the City' s Landscape Maintenance District Right-of-Way in the building of a residential structure. Following a review of the plans, it was determined that this action does not affect any existing setback, zoning or building regulations . Approval , therefore, would rest upon the ability of the property-owner to acquire and maintain the landscaped portion of his property established as the maintenance district. The attached agreement indicates the owner' s intent to maintain and re-establish those slopes on the property which would be affected by this construction. Further the owner realizes that this action will reduce the maintenance responsibility of the district, however, in no way reduce the obligation of the property owner for the payment of yearly established landscape maintenance district charges for the tract. FINANCIAL CONSIDERATIONS A slight reduction in the tract' s overall landscape maintenance district charge may be experienced. No other monetary impacts to the City are anticipated. ALTERNATE ACTIONS 1. Approve the agreement with the property owner of Tract 9284 Lot 7 and authorize the Mayor to execute the agreement. 2. Do not approve the agreement with the property owner of Tract 9284 Lot 7. RECOMMENDATION By motion approve the agreement with the property owner of Tract 9284 Lot 7 and authorize the Mayor to execute the agreement. Res ectfully ubmitted, �W. D. �� W. D. Murp y WDM:CSF/nep FOR CITY C04tNGlL AGENDA .... . Attach. 7 FLOWN AND COMPILED u51NG P.OTOGNAMMETRIC METHODS 'BY CONTROL 5ET By SCALE1 40' E.L. PEARSON B ASSOCIATES SOUTH COAST ENGkYEfq/NG S£RV/CE GATE OF VNOIOGRAP«r 9.11-T) NEWPORT 2EACM, CALIFORNIA - 54N CLEMENTE, CALIFORNIA CON TGJB INT EF V41. 2' (7NI 540-B8tl] TP4) 49I.5201 W 0 Nu W I LAS Wdlti � ciry 721 A � i nAJ lvrf I 1 ciwiTy MAG ` L z 51 ,E - 'e �- ,-,— n C CfS / 11l+ i l / J♦ •----' fro t Jr- �f V�_�l!J � ^.�'" -`Tv \ •` if <` i �� �� �' ^� I dr �'�..�-_r� % _ M p ��� 14EGLS5�� •�� ��^'� c'i �,�- ) �\��� ���� � f... 'a I � 1� � '� � t r g „`'S4 C�F�� 'c J' T-•.,,�.� y�. �`�C � _N _ -'< ... --'-.' ,/--� bF \��,, \ / / �-'+� �, a :. ,kk fir."" ./`_""`�_• . � - tLO"AND COMPILED USIXO PNOTODRANNCTRK M(iNODS 'BY' CONTROL SCT BY9W LE 1'• 40• ( - E.L. PEARSON 8 ASSOC/AYES. SOUTH COAST ENGNEER/NG SERVICE DATE a "Olm"APNTs -1-73 - , NEWPORT N(ACN, CUWDRN,L - - "'SAN CLEMENTE. CAVEORN.A CONTOUR INTERVAL I' (7141 540-969, (T141 491 3241 IT 0 240 �NIMP m, , yICIAllTY MAP Eti� r � .-. � 1t����:-•��54��� ���`' /t� Jam/ /��,,J�^'`��\��af-+3-�t ,�j �t �� ''•t��.'n'F�i.•�'� 'fy ifk,� +' `--.-�._J d ter/{ ../ f i , +(\ y ••"'e•,•,e Averip /�• . ^ S - ..� f �. !•r /. R'�•+ i;j'^•.I--- �--_-�� �J "—�,,.' i -aye' . f"3,. ��✓ �_•-_. -yr- - 7/,r.. \\ 'a `r j � n�r;.r '�• .a+yP�„{,/�j11 E?=2 �a fie. .. � \ % f.•'__"_,»�__ _ \1 {" ' !�'r iii ! "r.: _SJ/ { 1J� 7f r � '✓f "^ � � . e I4 17,5 t ,t,>"....'._ .- -,, _ ,t--'+moi-•c.'�...,__.-. l'a{/��- �`\�� �[3�__.,..`_N -"'�-.— c,_777d `1--� \�:�\`"- _y-i �: . � / _ J• ,,.: 'G:? ' d J �i` ��-,_'':�' "`r iP}"J..�� i .� ;-`3y r^-�----.�G• f� r7�vP5- .�� ���\ »a.• ^./�,1.%,�'��.��ry-r�•• � �f v �� ��.-.. _ � '����T'��. \ \ \. ` 11 I � .+_..�- .fes- t.:4- /� l,�(f/)�.\_\�„•.` -�I (\�)� 4. . -v 1 1 •/��'J I � ! (�F1 .t \ 's,-..�tMr,� � � .e \ --__i__�•• ..t�.•..k -�Z� �U S., Cv�•A�.��:..-•i. t_ r� �.11(Sr�J �� `r' ' `Y -r j''�r/' ; •-�'�5``r J + IF-jri.;,,. �/°�°rr'.,''���•• \ g12`nre,- �.�� �J �o'Or.:� ws t Jl a r �� ,�/�� yr' / //( f f-j i r�14\4}.\ ,•a r-3.dJa. '� /^"� __._..f._ ... � t• Pl..� gs-I•;�- �' �.:-�/ �� /�,J'/ff//����„r� r {o �'��•a����CS� `.-t-' .`.../..-.".� osr-'r."�scv �_. Vi ���..,-��`��!�' ,, _ ..r'�ky " •moi'`'�'1r'�, -�(' {'•t1 � � 1,11' �P%_• -M„•- e°7-.t !''tel •i•.' �j- �.� 11 ,,,�./1 �,• rr r J J