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1981-1215_MORELAND DEVELOPMENT CO_Agreementt 30136 !'.MPT C JAPE Office of the City Clerk_ 32400 Paseo Adelanto' San Juan Capistrano','- CA 92675 -1214 PM OECD '81 EE A. BRANCH. County Reeare.. DOCUMENTARY TRANSFER TAX -NO DUE Mary Ananover, City Clerk San Jua Capistrano, California 8K 1 4334P 1023 AGREEMENT RELATING TO THE MAINTENANCE OF ENTRY PAVERS, LANDSCAPING & INCLUDING IRRIGATION FACILITIES WITHIN THE PUBLIC RIGHT OF WAY THIS AGREEMENT is made this 15th day of December 1981, by and between the City of San JuanCapistrano, hereinafter called CITY and Moreland Development Company, Inc., hereinafter called OWNER. W I T N E S S E T H: WHEREAS, OWNER is the owner of certain property in the City of San Juan Capistrano, County of Orange, State of California, described as TRACT 9784 and WHEREAS, OWNER desires to construct a residential lot sales project upon portions of said property and has submitted an application therefor; and WHEREAS, the landscaping plan for the aforesaid residential lot sales project includes portions of the City's right of way; and WHEREAS, the irrigation system for this project will encroach upon portions of the public right-of-way; and WHEREAS, maintenance of the entire landscaped area as a unit benefits OWNER, his successors and assigns by enabling him to maintain a uniform appearance to the project; and WHEREAS, maintenance of the special entry pavers as a unit benefits OWNER, his successors and assigns by enabling him to maintain a uniform appearance to the project. NOW, THEREFORE, in consideration of the foregoing premises and the terms and conditions hereinafter contained, CITY and OWNER agree as follows: 0 BK 14334P6 1024 1. CITY hereby gives and grants unto the OWNER, its successors and assigns an easement to landscape and place its irrigation system within portions of the public right of way which is shown on the Street Improvement Plans for Tract 9784. Said plans are on file in the office of the City Engineer. 2. OWNER covenants and agrees to diligently keep and maintain the landscaping and trees within that portion of the public right of way along Connemara Drive, Glenariff Lane and Shamrock Lane in a state of appearance consistent with standards set forth by the CITY Director of Public Works for other similar residential areas. 3. OWNER covenants and agrees to diligently keep and maintain the entry pavers at the entrance to Tract 9784 in a state of appearance which is reasonably consistent with the overall design and maintenance of the surrounding residential area as originally accepted by CITY. 4. OWNER shall idemnify and keep and hold the CITY, its officers, employees and agents free and harmless from any claim, lien, or liability of whatsoever kind and nature arising from the maintenance obligations herein contained and assure that the right of way herein to be maintained by OWNER shall be included within the OWNER'S public liability insurance coverage. 5. OWNER acknowledges that the right to extend its landscaping into the public right of way of the CITY and the maintenance of the entry pavers is a special benefit to all of Tract 9784, and does accordingly agree that the terms and conditions herein set forth, shall run with the land (Tract 9784) and be a burden and binding upon and inure to the benefit of the parties hereto, their successors and assigns. CITY OF SAN JUAN CAPISTRANO ATTEST: a2Z-- LAWRENCE F. CHHEIM,PRO TEM MARY ANN LOVE , Y CLERK APPROVED AS TO FORM: C, ES S. OKAZAVIXITY ATTORNEY MORELAND DEVELOPMENT CO., INC. BY R. F. Koch Vioe-Fresident By Assistant cretary (All Signatures must be notarized) -2- 1. ;,TATE OF CALIFORNIA, COUNTY OF LOS ANGELES -JVI111.IIII!rI'�:91101JP111P!Ilf,l!I!Illllli.III:III!II;Ialllllll11111111111:4111111:'!IMJIIII'A111aIIIgJpl lit t !° Ofil IALSEAL THERESA M. 1NOfw""PS = r, �!''�5;_�d:_�- ', N,7,r„Rv ,PUBLIC -CALIFORNIA R41NJIPAI. OFFICE IN p✓ s LOS ANGELES COUNTY My Commission Expires May 10, i985 lea'ulunluran,!nmllaa!a�nl!r!uu!nloluurr,u;nlrumlu!:ul:r!luuumnla!nu1�c,,w1!rano ACKNOWLEDGMENT—Corp. Pres. d Sec., Wolcotts form 223 11ev. M4 ss. November 25 SK 14334PG 1025 before me, the undersigned, a Notary Public in and for said R. F. Koch cc tobetheAssistant Secretary relan 19 81, State, personally appeared known to me to be the known to me >_velopment Company the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. STATE OF C111FORNIA, ORANGE SL COUNTY OF j4h� Notary Public in and for said State. ON December 15 198E before me, the undersigned, a Rotary Public in and for the said Slate, personalty appeared Lawrence F Buchhe i m known to me to be the -MV4g4fiAt Mayor pro tempore knmvn to me to be the —Secretary of _ the Cnrporalion that executed the ,vitldv Instrument, knoY7n to me to ee Inc persons V.110., OFFICIAL SEAL executed til, within Instrument, un tc!caf of the Corporation herein mined, and n ckno:vlcdred MARY ANN HPNOVER ) to me that such Cngmralmn cxceetcd the within Instrument pursuant to its bylaws or a 7 NOTARY auauc C>OPOPJV1A �I Fosolution of its board of directors. O.nxcol r_ Y Yr1TNLSS nq hand and ollicial seal. •� r.'iy comm.. expipi: as .--.i £J, I-34 ' h0ry r6wic in and lir fall Stale. ..s�..__..y�_.__.. AC6Nnw11 Ul',Mr N I - Caq,—Pni, 1 fro.—wulcetlr hem 774 -Ya, 34i ---- -- �-- _�—_—�—�— STATE OF CALIFORNIA, COUNTY or ORANGE u• OFFICIAL SEAL RUTH E MARQUARD • • NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires MAY 23, 1984 LCN:owtioumi N1-Caip.-Pre( L-sec.—wolcotri (oim'714-Yaw. ON December 15. 1981 y before In o, the undersigned, a Uotary Public in and for the said Staic, personally appeared Mary Ann Hanover known to me to be the President, and known to me to be the--x4P*gudbK� i tv CT Prk . lhrACorporalion that executed the within Instrument, knov.m to me to be the persons who executed the within Inslrwncnl, on behalf of lne Corporation herein named, and ackno.-4edred to Rio that such Corporation execuled the within Instrument pursuant to its bylaws or a resolution of its board of directors. WITNLSS my hand and official seal. 0 7. APPROVAL OF MAINTENANCE AGREEMENT TRACT 9784 (MORELAND DEVELOPMENT) (38) The Agreement relating to the maintenance of entry pavers, landscaping and including irrigation facilities within the public right-of-way for Tract 9784 between the City of San Juan Capistrano and Moreland Development was approved. The Mayor and City Clerk were authorized to execute the Agreement, and the City Clerk was authorized to record the document. e14414- Y - SAN J AN CAPISTRANO, CALIFORNIA 92675 MONS 493,117 December 16, 1981 Moreland Development 1717 State College Blvd. Suite 280 Anaheim, California 92806 Re: -Maintenance Agreement,Tract 97.84 Gentlemen: • Enclosed is a copy of the Agreement relating to the maintenance of entry pavers, landscaping and including irrigation facilities within the public right of way for Tract 9784. The Agreement was approved by the City Council at their meeting of December 15, 1981 and the original was forwarded to the County of Orange for recording. Thank you for your cooperation. Very truly yours, MARY ANN OVER, CMC City Clerk MAH/na Enclosure cc: Director of Public Works ?ry AGENDA ITEM December 15, 1981 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Maintenance Agreement, Tract 9784 (Moreland Development) SITUATION Moreland Development Company is in the process of developing 103 custom home sites within Tract 9784. A landscape and development plan have been prepared, which show an irrigation system and pavement treatment that covers both private property and public right-of-way. Since the combined maintenance of the project would be the most practical and provide a better overall appearance to both the landscaping and entry pavers, the developer has agreed to maintain the landscaping and entry pavers within the public right-of-way. FINANCIAL CONSIDERATIONS The City will realize nominal savings in terms of maintenance and service of the landscaping and entry pavers. ALTERNATE ACTIONS 1. Approve the right-of-way maintenance agreement for Tract 9784. 2. Do not approve the right-of-way maintenance agreement for Tract 9784. 3. Request further information from staff. RECOMMENDATION By motion, approve the right-of-way maintenance agreement for Tract 9784; authorize the Mayor and City Clerk to execute the agreement and direct the City Clerk to record the agreement with the Orange County Recorder. Respectfully submitted, W. D. Murehy r WDM:CMB/nep G �% Attachments FOR ca iY couNCIL AGENDA ....• / F-1 Y t ELAND DEVELOPMENT COMPAW•I?,/!;, UNION OIL CENTER • SOX 7600 • LOS ANGELES, CALIFORNIA 90051 (213)�977I7406, November 30, 1981 Mr. George M. Lohnes, Jr. City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano CA 92675 Re: Tract No. 9784 Maintenance Agreement Dear Mr. Lohnes: ^ F I As requested, enclosed are two copies of the Agreement Relating to the Maintenance of Entry Pavers, Landscaping and Including Irrigation Facilities within the Public Right of Way by and between the City of San Juan Capistrano and Moreland Development Company executed by Moreland. After City Council approval and after you have obtained the required signatures, please return Moreland's copy to the undersigned. Very truly yours, MORELAND DEVELOPMENT COMPANY (:;� Paula M. Youn Contract Analyst pmy Enclosures CC: N. F. Chavira, Esq. J. D. Murphy w/encl.