1982-0105_KRUST, W / S_Agreement Y 82,-0141C3
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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
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