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Resolution Number 96-10-15-2r 291 RESOLUTION NO. 96-10-15-2 �fjtf;,JC It "CLC2 u_; I► 4_ \: \ _110 1 3OCKAA71Y: I h[01YM' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING AN EASEMENT TO THE ESTATES AT SAN JUAN CAPISTRANO HOMEOWNERS ASSOCIATION FOR LANDSCAPE MAINTENANCE PURPOSES WITHIN CITY -OWNED OPEN SPACE ADJACENT TO TRACT 13726 (TOLL BROTHERS/GLENDALE FEDERAL AREA H) WHEREAS, the City of San Juan Capistrano is the owner of certain Open Space lands 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 previously submitted eleven separate easements for maintenance of landscaping and slope improvements to the City and has requested the City Council grant an additional easement, Area L-1, 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: ���IlTi7►[! The City Council hereby grants said landscape maintenance easement, Area L-1, to The Estates at San Juan Capistrano, said easement being on file in the office of the City Clerk. SECTION 2. In consideration of approval of the subject easement, the developer of Tract 13726, Toll Brothers Inc., was previously 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, as set forth in Resolution No. 96-9-17-2. 292 FY7-ISM [�7► The Mayor and City Clerk are hereby authorized to execute the Resolution and easement document. SECTION 4. The City Clerk is hereby directed to forward the executed easement to Mr. Brian Johnson, representing Toll Brothers Development, for recordation. PASSED, APPROVED, AND ADOPTED this October .1996. ATTEST: -2- i 15th day of 293 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. 96-10-15-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 15th day of October 1996, by the following vote: AYES: Council Members Jones, Nash, Swerdlin, Campbell and Mayor Hart NOES: None ABSTAIN: None ABSENT: None ' (SEAL) CHERYL JOB O , CITY CLERK -3-