Resolution Number 96-9-17-2263
RESOLUTION NO. 96-9-17-2
' GRANTING MAINTENANCE EASEMENTS - CITY OPEN SPACE ADJACENT
TO TRACT 13726 (ESTATES AT SAN JUAN CAPISTRANO/TOLL BROTHERS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, GRANTING EASEMENTS TO THE ESTATES
AT SAN JUAN CAPISTRANO HOMEOWIgM SASOCIATION FOR
LANDSCAPE MAINTENANCE WITHIN CITYADJACENT TO TRACT 13726
(TOLL BROTHERS/GLENDALE FEDERAL AREA IT)
WHEREAS, the City of San Juan Capistrano is the owner of certain Open Space land
adjacent to Tract 13726; and,
WHEREAS, to accommodate development of Tract 13726 grading and landscaping
(fuel modification zones) were permitted within said City -owned Open Space; and,
WHEREAS, the City does not maintain privately -owned landscaping and slope
improvements; and,
WHEREAS, Toll Brothers Development has submitted easements for maintenance
of landscaping and slope improvements to the City and has requested the City Council grant said
easements to The Estates at San Juan Capistrano Homeowners Association.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1.
The City Council hereby grants said maintenance easements, listed below and on file
in the City Clerk's office, to The Estates at San Juan Capistrano:
Maintenance Easement - Area A-1, Landscape Area Adjacent to Equestrian Trail;
Maintenance Easement - Area C-1, Fuel Modification;
Maintenance Easement - Area E-1, Open Space
Maintenance Easement - Area F-1, Open Space
Maintenance Easement - Area G-1, Open Space
Maintenance Easement - Area H-1, Open Space
Maintenance Easement - Lot I, Fuel Modification
Maintenance Easement - Area K-1, Open Space
Maintenance Easement - Lot L, Fuel Modification
Maintenance Easement - Lot O, Fuel Modification
Maintenance Easement - Area 0-1, Open Space
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SECTION 2.
In consideration of approval of the subject easements, the development of Tract
13726, Toll Brothers, Inc., is hereby conditioned to make payment to the City in the amount of
$11,500 for installation by the City of a three -strand, barbed-wire, metal -staked fence along the
easement boundaries. Said payment shall be made prior to issuance of the first Certificate of
occupancy for the subject development.
SECTION 3.
The Mayor and City Clerk are hereby authorized to execute the Resolution and
easement documents.
SECTION 4.
The City Clerk is hereby directed to forward the executed easements to Mr. Brian
Johnson, representing Toll Brothers Development, for recordation.
PASSED, APPROVED, AND ADOPTED this 17th day of
Seitember , 1996.
ATTEST:
CITY CLE
Gf /qct
WYATTV14ART, MAYOR
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265
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.
96-9-17-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 17th day of September 1996, by the
following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell
and Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) n
CHERYL JO SO , CITY CLERK
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