1980-1001_TOREAL INVESTMENTS INC_AgreementWhen recorded, return to:
Office of the City Clerk
32400 Paseo Adelanto DOCUMENTARY TRANSFER TAX - NO TAX DUE
San Juan Capistrano, C.A. 92675
Mary a�r, City Clerk
San Jua Capistrano, California
AGREEMENT RELATING TO THE MAINTENANCE OF
.1,,ANDSCAPING, INCLUDING IRRIGATION FACILITIES
WITHIN THE PUBLIC RIGHT -OF -;PAY
THIS AGREE:4ENT is made this 1st day of October 1980,
by and between the City of San Juan Capistrano, hereinzfc=_r called.
CITY and TOPEAL (ONTARIO) INVFS=T m INC., hereinafter called OINITER.
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 11086
and,
WHEREAS, OWNER desires to construct condominiums upon said
property and has submitted an application therefor; and
WHEREAS, the landscaping plan for the aforesaid condominium
project incorporates portions of the City's right-of-way; and
WHEREAS, a contauous irrigation system is proposed for this
project which will encroach into 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 main-
tain a uniform appearance to the project.
NOW, THEREFORE, in consideration of the approval by CITY of
Tract 11086, OWNER covenants and agrees to maintain the landscaping
and trees that are within the public right-of-way adjacent to this
project. The foregoing obligations shall be a burden upon and he
i- binding upon, and inure to the benefit of, the parties hereto, their
successors and assigns.
ATTEST:
MARY AN
" rIA:4OVER, CITY CLERK
APPROVED AS TO FORM:
M1ES S. OKAZAKI, iXITY ATTORNEY
(ALL SIGNATURES MUST BE NOTARIZED)
RECORDED AT REQUEST OF AND
RETURN TO
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
20145
EXEMPT
Cit
BK 13787�e 1 X026
WuuPrding Fees Exempt
rnment Code Section 5103
Mary Ann,,4'16nover, City Clerk.
San Juan Capistrano, CA
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
4 la.,. a 011 oc
Yxt4
LEE A. BRANCH, County Recorder
AGREEMENT RELATING TO THE ?MAINTENANCE OF
LANDSCAPING, INCLUDING IRRIGATION FACILITIES
WITHIN THE PUBLIC RIGHT-OF-rriAY
THIS AGREEMENT is made this 1st day of October 1980,
by and between the City of San Juan Capistrano, hereinafter called
CITY and TOREAL (ONTARIO) INVESTMEDPIS 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 11086 _
and,
WHEREAS, OWNER desires to construct condominiums upon said
property and has submitted an application therefor; and
WHEREAS, the landscaping plan for the aforesaid condominium
project incorporates portions of the City's right-of-way; and
WHEREAS, a contiguous irrigation system is proposed for this
project which will encroach into 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 main-
tain a uniform appearance to the project.
NOW, THEREFORE, in consideration of the approval by CITY of
Tract 11086, OWNER covenants and agrees to maintain the landscaping
and trees that are within the public right-of-way adjacent to this
project. The foregoing obligations shall be a burden upon and be
binding upon, and inure to the benefit of, the parties hereto, their
successors and assigns.
CI F SAN A PISTRANO
ATTEST:
Y L. RFER, MAY
MARY AN RANO R; TY CLERK
APPROVED AS TO FORM: OREAL (ONTARIO) IN TMENTS INC.,
an O err.' rpora x
S� By
—'-"J('" " Ge -ajd h sky, Pres. and Secty.
UAIMES S. OKAZAKI, CUTY ATTORNEY
(ALL SIGNATURES MUST BE NOTARIZED)
VALE r,� C'ODU NIA,
Cooun OF-
City
r City o� San Juan Capistrano
OFFICI vL �� I-
"` MARY ANN F r -CR �(
NOTARY PU81 I( . JUN1A l
AGI''.MYLf C' i.ttl7—Cc 9 n.r. G 601,oti$ 10m, 2 6 -P.cv. 3 61
ss.
BK 13787Ps 1342 1
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bcfo:e nle, Ila nn�;ersr,.+1, .1 tintatyfbLlic in ;ar,i fur tl!e said Lie, peT�o�lllly :ql,.^1Ld
GARY L. HAOSUORFER known to nle to La tl,a ' ,I
Nayar lHpsu ld----------City of Stn urn C dpi '110
tr
to znoll
be the �
-- rcfetary of .--- _.
municipal -_
1FMC�rI"[D M that C>c(tit cd the of n It kuovm to ns to Le IIIP PNS"z 010
c,Icr'__r,'- 1',!,;p 1,., „i_ �:I r roll acl{ioa u.', n•:nrd, 1' c'm�. ,,•,f
to Inc Iiizl such Coif io,l execute trr r,it�n hnkIn)cut p'•nsn.:nt to Its Lylarrs or a
reso!uticn of Its Lard of duc'ors.
I"litli SS my hand and oficialsuol.
__Orange ---------------7 II
Ciy of San Juan Capistrano
— — -- ------ it
ON --------October- 2
before Ia?, the undersiEned, a Notary Public in znd for the seid Slate, person_;i!y appeared 11
--- —__- -_-' Lnccrn to me to Le fie
it
__ Przside t n d _ 14ary_ Ann Hanover _ kno-: n to me
I -,T 01 grl.ue vv Ci tv of F+)Tt TLIBn Caulst.rano !l
OFFICIAL SEAL municipal _ l
- - -- - - -
A .IOHNSON the%Coq! :�ien that exc,:rcd the wdlrl Inst) Inent, knnrn to ale to he th'. parse,Is who
N:CHERV'
TARY PUBLIC - CALIFORNIA executed the wltho Instf011lJnr, ell klmlf of Ire �:1f p4T3 tl nil hre!i infed, 7;Id f6fofl::!f fedORANGE COUNTY to no that such cupnr,ition executcd the wP,h;o InstinmIt purs.�aat to its Ly -lams or a comm. expires DEC 28, 1981 of its boLrd of directors.
fJfINESS my hLi d and official seal.
ty r o- lir in �
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES)
On August a�, 1980 before me, the undersigned, a
Notary Public in and for said County and State, personally
appeared Gerald Shefsky, known to me to be the President
and Secretary of the corporation that executed the within
Instrument, known to me to be the person who executed the
within Instrument on behalf of the corporation therein 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.
OFFICIAL SEAL
VICKIE R WOLF
m NOTARY PUBLIC • CALIFORNIA
p LOS ANGELES COUNTY
My comm. expires MAY 8, 1884
otik�
Notary Public in and tor
said County and State
RECEtVF.6-_.
of; PAT
• �/� r� . %iii ��ir�i �i�jir.!/iiriri�
• 32400 PASCO AOELANTO '
• SAN JUAN CAPISTRANO. CALIFORNIA 92675
• PHONE 493-1171 .
October 8, 1980
Toreal Investments, Inc.
2601 Ocean Park Boulevard, Suite 210
Santa Monica, California 90405
Re: Agreements for Tract 11086
Gentlemen:
At their meeting of October 1, 1980, the City Council
took the following actions with regard to Tract 11086:
(1) Approved the Agreement to participate in construction
30 of Camino del Avion improvements along the frontage
of Tract 11086 from Alipaz Street to 400' easterly
of Avenida Descanso, in the amount of $154,733;
(2) Approved the Agreement for developer maintenance of
3�Q the landscaping within the public right-of-way
of Alipaz Street adjacent to Tract 11086; and
3II (3) Approved the Final Map and Subdivision Agreement
for the tract.
Enclosed for your files are fully -executed copies of
the Agreements. The Agreements have been forwarded to the Orange
County Recorder for recordation.
If you need additional information, please let us
know.
MAII/c j
Enclosure
cc: Director of Public Works
Very truly yours,
L�r/y/�i�GC�C1�2G% `(�.
(MRS) MARY ANM HANOVER, CMC
City Clerk
AGENDA ITEM October 1, 1980
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Agreement For Maintenance of Landscaping Within
Public Right-of-way, Tract 11086, Alipaz Street
and Camino Del Avion - Toreal Investments, Inc.
(previously Cadillac Fairview)
SITUATION
Cadillac Fairview Homes West is proposing to construct 71
condominiums at the intersection of Alipaz Street and Camino
Del Avion. A landscape plan has been prepared, which shows
an irrigation system 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 the project, the developer has agreed
to maintain the landscaping within the public right-of-way
adjacent to this project.
FINANCIAL CONSIDERATIONS
The City will realize savings in terms of maintenance and
service of the landscaping and irrigation system.
ALTERNATE ACTIONS
1. Approve the agreement to maintain the landscaping and
irrigation system within the public right-of-way.
2. Do not approve the agreement to maintain lanscaping in
the public right-of-way.
3. Request further information from staff.
RECOMMENDATION
By motion, approve the agreement from Toreal Investments,
Inc. for the maintenance of landscaping in the public right-of-
way of Tract 11086; authorize the Mayor to execute the agreement
and direct the City Clerk to record the agreement with the
Orange County Recorder.
Respectfully submitted,
W. D. Murph
wDM: cMB/rem FOR CITA COUNCIL AGENDA ... .. -
Encl.
0
6. AGREEMENT FOR MAINTENANCE OF LANDSCAPING WITHIN PUBLIC
RIGHT-OF-WAY, TRACT 11086 (TOREAL INVESTMENTS, INC.)
( (38) The Agreement providing for developer maintenance of the
(85) landscaping within the public right-of-way adjacent to
Tract 11086 was approved and the Mayor and City Clerk authorized
to execute the Agreement on behalf of the City. The City Clerk
was directed to record the Agreement with the Orange County
Recorder, as set forth in the report dated October 1, 1980,
from the Director of Public Works.
I O/i �`a U