Resolution Number 96-2-6-2238
RESOLUTION NO. '.
APPROVING IVII► MAINTENANCE AND IMPROVEMENT COOFF964MW
AGREEMENT I 1 31405 EL L1 ►1* •KNOWN AS THE
KMN PROPERTY (PARCELS I & 2. PARCEL NM .►
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AN ACCESS, MAINTENANCE
AND R PROVEMENT COOPERATION AGREEMENT AFFECTING PARCELS
I AND 2 OF PARCEL MAP 95-124, LOCATED AT 31401 AND 31405 EL
HORNO STREET, SAN JUAN 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 95-124; and,
WHEREAS, said subdivision created Parcel 1, site of a residential structure, and
Parcel 2, which encompasses the historic kiln site; and,
WHEREAS, Parcel l is accessed by way of an easement within Parcel 1; and,
WHEREAS, the City intends to sell Parcel 1 to a private party; 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 Basting 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 Parcel 2 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:
0 Xs"TOM
Approve the Access, Maintenance and Improvement Cooperation Agreement,
attached hereto and made a part hereof.
SECTION 2.
Authorize the Mayor and City Clerk to execute said Agreement.
PARI
SECTION 3.
Direct the City Clerk to forward said Agreement to the Orange County Recorder.
PASSED, APPROVED, AND ADOPTED this
February 1996.
WYATT 01IRT,
MAYOR'
ATTEST:
CITY CLERK-�
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
6th
day of
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 6th 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)
{, A�
CHERYL JOHNSON, CITY CLERK
-2-