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.