1996-0113_SHEA-HAN , BARBARA_Acs, Maint. & Impvt Cooperation AgraR- 450 i34'8-�7�
%r RECORDING
RRST 1; _jili;M TI ILE
Recorded at the request of
and return to:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano
Attention: Cheryl Johnson, City Clerk
to
ReCOrdeC in the County of Orange, California
Gary L. Granville Clerk/Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 13,00
19960063636 MHz 02/09/96
005 192015 23 54 FAT
Al2 3 7.00 6.00 0.00 0.00 0.00 0.00
Project: Kiln Property Agreement
Address: Parcel 1: Ms. Barbara Shea -Han, 31401 El Homo Street, SJC, 92675
Parcel 2: 31405 El Homo Street, SJC, 92675
Parcel 2 mailing address: c/o City of SJC, 32400 Paseo Adelanto, 92675
Assessors Parcel Nos: Parcel 1: 124-202-17
Parcel 2:
ACCESS, MAINTENANCE AND IMPROVEMENT COOPERATION AGREEMENT
PARCELS 1 & 2 OF PARCEL MAP 95-12 y
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Barbara Shea -
Han (OWNER), as owner of Parcel 1 of Parcel Map 95-124, recorded in Book 288, Pages 14 & 15,
hereby agrees to provide maintenance to that area of Parcel 1 shown on said Parcel Map as a 10' wide
access easement serving Parcel 2 until such time as the City of San Juan Capistrano (CITY), as owner
of Parcel 2, improves said access easement area.
Maintenance is hereby defined as: mowing, pruning, and trimming of any lawn, shrubs or trees within
the easement area, irrigation and repair of any irrigation system within the easement area.
Further, OWNER hereby allows access by CITY employees, contractors and invitees over the
existing walkway and stairs located within Parcel 1 which presently access Parcel 2. CITY hereby
agrees to cooperate with improvements made by OWNER to said walkway and stairs.
Additionally, OWNER hereby agrees to cooperate with the removal, reconstruction or replacement
of improvements within the 10' access easement as necessitated by the CITY.
This agreement runs with the land and is binding on the successors in interest of both Parcels 1 and
2.
Dated this qday of icca 1 1996
ATTEST
Lpp
City Clerk
APVED AS TOFFO
ity Attorneys
OWNER OF PARCEL 1
'�Jct, G ,G:L -%�
Barbara Shea -Han `
CITY OF SAN JUAN CAPISTRANO
Wyatt H I
t, Mayor
M
3
0
State of CAI jEnRNIA
County of
On 3t r fore me,
(DATDAT64
personally appeared��g
a
ROTARY MOLIC
i DOE. NOTARY PUBUC1
❑ personally known to me -OR- 03 --'roved to me on the
basis of satisfactory
evidence to be the
person(g) whose name(pl
Is/aca subscribed to the
within instrument and
acknowledged to me that
PHILIP J. HUGHES
COMM. A 1007164 s
<alifornia
A, O ANMCOIINTYY
e11vQ=wwEw.. tZ28ten
same In 4wwneritl�+r
authorized capacity(isa),
and that by bis/her/their
signature(g1 on the
instrumentthe person(i,
or the entity upon behalf
of which the personal
acted, executed the
instrument.
Witness my hand and official seal.
Q:�
(SEAL)
SIGNO ARYI
ATTENTION NOTARY
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. �j,. /J`C/((_/^ •A��ry,r �.� 7�
THIS CERTIFICATE Title or Type of Document( -
MUST BE ATTACHED p
TO THE DOCUMENT Number of Pages ( Date of Document 3 r L y
DESCRIBED AT RIGHT:
Signe(la) Other Than Named Above
WOLCOTTS FORM 63240 Rev. 3-94 (price clop 8-2A) ®1994 WOLCOTTS FORMS. INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS
RIGHT THUMBPRINT [Optional)
CAPACITY CLAIMED BY SIGNERM)
INDIVIDUAUISi�
❑CORPORATE
OFFICER(S)
MTUESI
OPARTNER(S) ❑LIMITED
❑GENERAL
[]ATTORNEY IN FACT
OTRUSTEE(S)
[]GUARDIAN/CONSERVATOR
[]OTHER:
SIGNER IS REPRESENTING:
( ma o1 Penonlq or E tity' sl
RIGHT THUMBPRINT IOptionall
CAPACITY CLAIMED BY SIGNERISI
OINDIVIDUALIS)
❑CORPORATE
OFFICER(SI
nIT1Es
OPARTNERIS) ❑LIMITED
❑GENERAL
[]ATTORNEY IN FACT
OTRUSTEE(S)
❑GUARDIAN/CONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
IName of Person(s) or Entityfes)
63240 8
Ll
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 February 6. 1996 before me, Cheryl Johnson
City Clerk, personally appeared ----- Wyatt Hart -----
(SEAL)
Capacity Claimed by Signer
Municipal Corporate Officer
Mayor
Title
Signer is Representing
City of San Juan Capistrano
•
personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity and that
by his signature on the instrument the person,or the entity
upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
City Clerk
OPTIONAL
Description of Attached Document
Access_ Maintenance and Improvement
Cooperation Agreement Parcels 1 & 2 of
Parcel Map 95-12 y
Title or Type of Document
Number of Pages
January 31, 1996
Date of Document
Barbara Shea -Han
Signer(s) Other Than Named Above
0
February 8, 1996
Barbara Shea -Han
c/o Chuck Medeiros
�(^!/� IA(RIRIIfI
fflllflllo 1961
1776
Re/Max Realty
32241 Camino Capistrano
San Juan Capistrano, California 92675
MEMBERS OF THE CIT' COUNCIL
COLLENE CAMPBELL
WYATr HART
GIL,IONEe
CAROLYN NASH
DAVID SWERDUN
CRY MANAGER
GEORGE SCARBOROUGH
Re: Access. Maintenance and Improvement Cooperation Agreement
Dear Ms. Shea -Han:
At their meeting of February 6, 1996, the City Council of the City of San Juan Capistrano
adopted Resolution No. 96-2-6-2, which approved an Access, Maintenance and
Improvement Cooperation Agreement for the property at 31401 and 31405 EI Horno
Street. The Agreement allows the City access to Parcel 2, which encompasses the historic
kiln site and provides for your maintenance of the easement to Parcel 2.
A copy of Resolution No. 96-2-6-2 is enclosed for you files, along with a copy of the
Agreement. The two original copies of the agreement were forwarded to Mr. Medeiros for
recording through escrow. An original copy should be returned to you at a later date.
If you have any questions, please contact Mary Laub at 443-6303. Thank you for your
cooperation in this matter.
Very truly yours,
Cheryl Johns
City Clerk
Enclosure
cc: Director of Engineering and Building
Mary Laub
Tony Foster
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
to the lowest responsible bidder, Taylor Tennis Courts, in the amount of $20,592. All other
bids were rejected. The Mayor and City Clerk were authorized to execute the contract on
behalf of the City.
• • •'%W9JW• �/I ►L • ._L� •
As set forth in the Report dated February 6, 1996, from the Administrative Services Director,
the renewal of the Lease Agreement with the Capistrano Indian Council was approved for the
operation and maintenance of the Harrison Farmhouse, located at 27832 Ortega Highway, for
a one-year period at a cost of $1.00 per year. The Mayor was authorized to execute the Lease
Agreement on behalf of the City.
FL,►1•L_�: • • •7
As set forth in the Report dated February 6, 1996, from the Engineering and Building Director,
the following Resolution was adopted approving the Access, Maintenance, and Improvement
Cooperation Agreement with Barbara Shea -Han for Parcels 1 and 2, Parcel Map 95-125 for the
Mission Kiln property located at 31401, 31405 EI Homo Street:
RESOLUTION NO 96-2-6-2 APPROVING ACCESS MAZUENANCE AND
IMPROVEMENT COOPERATION AGREEMENT - 31401 AND 31405 EL
HORNO STREET. ALSO KNOWN AS THE KILN PROPERTY (PARCELS 1 &
2 PARCEL MAP 95-125) (SHEA-HAN) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AN ACCESS, MAINTENANCE, AND IMPROVEMENT
COOPERATION AGREEMENT AFFECTING PARCELS I AND 2 OF PARCEL
MAP 95-125, LOCATED AT 31401 AND 31405 EL HORNO STREET, SAN
JUAN CAPISTRANO, ALSO KNOWN AS THE KILN PROPERTY
(SHEA-HAN)
The Resolution authorized the Mayor and City Clerk to execute the Agreement and directed the
City Clerk to forward the Agreement to the County Recorder.
Ism
As set forth in the Report dated February 6, 1996, from the Administrative Services Director,
the specifications were approved for the replacement of the City's 286 stand-alone personal
computers with upgraded equipment to provide capacity for Windows and WordPerfect for
Windows to be compatible with all City departments. Staff was authorized to call for bids per
the system specifications.
City C.Woil %iu m s -9- 1J6196
E
AGENDA ITEM February 6, 1996
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: Resolution Approving Access, Maintenance and Improvement Cooperation
Agreement, Parcels 1 & 2, Parcel Map 95-1 Z-11//
(Kiln Property, 31401, 31405 EI Homo Street)
RECOMMENDATION
Adopt the Resolution approving the Access, Maintenance and Improvement
Cooperation Agreement, Parcels 1 & 2, Parcel Map 95-12�.
2. Authorize the Mayor and City Clerk to execute the Agreement.
Direct the City Clerk to forward the Agreement to the Orange County Recorder.
SITUATION
A. Summaa
4
Parcel 2 of Parcel Map 95-12/ encompasses the Mission kiln site. (See attached Location
Map.) Parcell is accessed from EI Homo Street by a 10' wide easement along the westerly
boundary of Parcel 1. Parcel 2 will be retained by the City, Parcel 1 has been sold to Ms.
Barbara Shea -Han who executed the agreement concurrent with the close of escrow.
The subject agreement is to ensure maintenance of existing improvements within the easement
area by the owner of Parcel 1. The agreement also provides for the cooperation by the
owners of Parcel 1 regarding proposed City improvements within the access easement area.
The agreement also provides for access to Parcel via existing walkways within Parcel 1.
Upon completion of said improvements, the City will assume maintenance of the easement
area and no longer require access within Parcel 2. Staff recommends approval of the
agreement.
FOR CITY COUNCIL AGEN
Agenda Item
-2-
0
February 6, 1996
B. Background
The property subdivided by Parcel Map 95-1has been identified as containing historically
significant kilns related to the Mission development. In order to ensure preservation and
public access to the kilns, the City purchased the property which includes a small residential
structure. The purpose of the Parcel Map was to create two parcels. Parcel 1 contains the
structure, Parcel l the kilns. A 10' wide easement over Parcel 1 allows access from El Homo
Street to Parcel 2.
Parcel 1 has been sold to Ms. Barbara Shea -Han. The subject agreement has been created
to ensure that Ms. Shea -Han, or her successors in interest, are aware of potential future
improvements to the site. The agreement also provides for continuing maintenance of
existing landscaping, etc., within the easement area by the owner of Parcel 1 until said City
improvements are installed, after which the City will assume maintenance of the easement
area. Until installation of improvements within the access easement, this agreement will
provide the City with access utilizing existing walkways and stairs within Parcel 1.
COMMISSION/BOARD REVIEW AND RECOMMENDATION
Not applicable.
NOTIFICATION
Barbara Shea -Han, c/o Chuck Medeiros, Re/Max Realty, 32241 Camino Capistrano, SJC, 92675
There is no cost to the City by this action.
ALTERNATE ACTIONS
Adopt the Resolution.
2. Do not adopt the Resolution.
3. Request additional information from Staff.
AGENDA ITEM
-3-
February 6, 1996
Adopt the Resolution approving the Access, Maintenance and Improvement
Cooperation Agreement, Parcels 1 & 2, Parcel Map 95-12/.1/
2. Authorize the Mayor and City Clerk to execute the Agreement.
Direct the City Clerk to forward the Agreement to the Orange County Recorder.
Respectfully submitted,
Wi11�G M Huber
Director of Engineering and Building
Attachments: Location Map
Resolution/Agreement
Prepared by,
R. Anthony Foster
Engineering Assistant
i
0 LOCATION MAP
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Socorro, I
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RESOLUTION NO. 96-2-6-2
g5 -/A /f
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AN ACCESS, MAINTENANCE
AND IMPROVEMENT COOPERATION AGREEMENT AFFECTING PARCELS
1 AND 2 OF PARCEL MAP 95-12#LOCATED AT 31401 AND 31405 EL
HORNO STREET, SAN JUAIN CAPISTRANO, ALSO KNOWN AS THE KILN
PROPERTY (SHEA-HAN)
WHEREAS, in order to preserve the historically significant kiln site, the City Council
of the City of San Juan Capistrano has previously approved the subdivision of a City -owned property
via Parcel Map 95-12/, and,
WHEREAS, said subdivision created Parcel 1, site of a residential structure, and
Parcel 2, which encompasses the historic kiln site; and,
WHEREAS, Parcel 2 is accessed by way of an easement within Parcel 1; and,
WHEREAS, the City intends to sell Parcel 1 to a private parry; and,
WHEREAS, in order to retain continuity of maintenance, the City desires that Parcel
1 continue maintenance within the easement area until such time that the City installs improvements
within the easement area; and,
WHEREAS, the City wishes to continue utilizing existing walkways and stairs within
Parcel 1, but outside the City's access easement, until such time as access improvements are installed
within the City's access easement area; and,
WHEREAS, at a later date the City intends to install improvements within the
easement area and Parcell and desires to notify future owner(s) of Parcel 1 of such intention and
requirement of cooperation by the future owner(s) of Parcel 1 regarding installation of said future
improvements.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby:
Approve the Access, Maintenance and Improvement Cooperation Agreement,
attached hereto and made a part hereof.
Authorize the Mayor and City Clerk to execute said Agreement.
-I-
0
r�.
0
Direct the City Clerk to forward said Agreement to the Orange County Recorder.
PASSED, APPROVED, AND ADOPTED this 6th day of
February 1 1996.
tt,4, ,:�e Z�,l
WY— TT 0kRT, MAYOR'
CITY CLERK-
STATE
LERK
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.
96-2-6-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 6rh day of February 1996, by the
following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell and
Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) -
CHERYL JOHNSON, CITY CLERK
-2-
onlw use
Is
January 18, 1996
Mr. Chuck Medeiros
il
�mlo�rol�no
191,p IY�4 1961
1776
Re/Max
32241 Camino Capistrano
San Juan Capistrano, California 92675
Re: Kiln Property at 31401 and 31405 EI Horno Street
Dear Mr. Medeiros:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATT HART
OIL JONES
CAROLYN NASN
DAVID SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
At their meeting of January 16, 1996, the City Council of the City of San Juan Capistrano
had been scheduled to consider a maintenance and improvement Cooperation Agreement
for the properties at 31401 and 31405 EI Horno Street in San Juan Capistrano. The item
was withdrawn from consideration due to revisions in the Agreement requiring the future
owner of the property at 31401 EI Horpo Street to sign the Agreement.
The item has been rescheduled for the City Council meeting of February 6, 1996. If you
have any questions, please contact Tony Foster, project manager, at 443-6351.
Very truly yours,
C'ZZ46V —
Cheryl Johnson
City Clerk
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171
AGENDA ITEM January 16, 1996
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: Resolution Approving Maintenance and Improvement Cooperation Agreement,
Parcels 1 & 2, Parcel Map 95-121 (Kiln Property, 31401, 31405 El Homo Street)
RECOMMENDATION
1. Adopt the Resolution approving the Maintenance and Improvement Cooperation
Agreement, Parcels 1 & 2, Parcel Map 95-12/..
4
2. Authorize the Mayor and City Clerk to execute the Agreement.
Direct the City Clerk to forward the Agreement to the Orange County Recorder.
SITUATION
A. Summary
4
Parcel 2 of Parcel Map 95-1encompasses the Mission kiln site. (See attached Location
Map.) Parcel 2 is accessed from El Homo Street by a 10' wide easement along the westerly
boundary of Parcel 1. Parcel 2 will be retained by the City, Parcel 1 is being sold and is
estimated to close escrow on January 26, 1996. The subject Agreement is to ensure
maintenance of existing improvements within the easement area by the future owners of
Parcel 1. The agreement also provides for the cooperation by future owners of Parcel 1
regarding proposed City improvements within the access easement area. Upon completion
of said improvements, the City will assume maintenance of the easement area. Staff
recommends approval of the agreement.
B. Background
�/F
The property subdivided by Parcel Map 95-12p has been identified as containing historically
significant kilns related to the Mission development. In order to ensure preservation and
public access to the kilns, the City purchased the property which includes a small residential
structure. The purpose of the Parcel Map was to create two parcels. Parcel 1 contains the
structure, Parcel 2 the kilns. A 10' wide easement over Parcel 1 allows access from El Homo
Street to Parcel 2.
FOR CITY COUNCIL AGE6vu
Dq
0 0
Agenda Item -2- January 16, 1996
Parcel 1 is presently in escrow to a private party. The subject agreement has been created to
ensure that the future owner, or his successors in interest, are aware of potential future
improvements to the site. The agreement also provides for continuing maintenance of
existing landscaping, etc., within the easement area by the owner of Parcel 1 until said City
improvements are installed, after which the City will assume maintenance of the easement
area.
COMMISSIONBOARD REVIEW AND RECOMMENDATION
Not applicable.
NOTIFICATION
Chuck Medeiros, c/o Re/Max, 32241 Camino Capistrano, SIC, 92675
FINANCIAL CONSIDERATIONS
There is no cost to the City by this action.
ALTERNATE ACTIONS
1. Adopt the Resolution.
2, Do not adopt the Resolution.
3. Request additional information from Staff.
RECOMMENDATION
1. Adopt the Resolution approving the Maintenance and Improvement Cooperation
Agreement, Parcels 1 & 2, Parcel Map 95-12,X.
2. Authorize the Mayor and City Clerk to execute the Agreement.
3. Direct the City Clerk to forward the Agreement to the Orange County Recorder.
Respect lly submitted, % Prepared by,
William M. Huber R. Anthony Oster
Director of Engineering and Building Engineering Assistant
Attachments: Location Map
Resolution/Agreement
M
LOCATION M'AP punt
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990
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Accepted 4
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4cceoled 05 tamer o/ /of /6
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MEMORANDUM January 10, 1996
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering and Buildi�
SUBJECT: Continuation of Agenda Item D-9, Resolution Approving Maintenance and
Improvement Cooperation Agreement, Parcels 1 & 2, Parcel Map 95-12/ (Kiln
Property) ./
The subject item is being continued to the Council meeting of February 6, 1996. Modifications to
the Agreement now require the future owner of the residential parcel to execute the agreement
concurrent with escrow. Escrow is scheduled to close January 22.
cc: Richard Denhalter
Jennifer Murray vl�
Cheryl Johnson
Mary Laub
FOR CITY COUNCIL A,311111f�
JAN f. 2 t