Ordinance Number 378261
ORDINANCE NO. 378
FORMATION OF LANDSCAPE MAINTENANCE DISTRICT
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, FORMING AN OPEN SPACE MAINTENANCE
DISTRICT
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1
District Boundaries.
The district boundaries are contained within Tracts
7673, 8485, 9284, 9373, and 9382 designated and described within
Exhibit "A", "Open Space Maintenance District Boundaries Description"
attached hereto and made a part of.
SECTION 2. Formation of District Boundaries.
The open space maintenance district as described in
Section 1 herein is hereby formed in accordance with the California
Government Code, Sections 50575 through 50628, inclusive.
SECTION 3. Annual Assessments.
a. The annual assessment that may be levied shall not
exceed the limit of Section 50612 of the California
Government Code. The annual assessments indicated
in Section 4 of Ordinance No. 377 of the City of
San Juan Capistano reflect the unimproved assessed
valuations of the properties contained within the
district and shall not be applicable upon adjustment
of said assessed valuations.
b. The cost and expense of performing the maintenance
promulgated herein shall be paid by annual assessments
upon the properties within the district.
C. Those owners, and/or developers of Tracts 7673,
8485, 9284, 9373, and 9382 specified in the
preliminary reports approved by the City Council
on November 1, 1978, have agreed to, and shall:
(i) give written notice to each purchaser of any
lot within the "District Boundaries" that an
Open Space Maintenance District has been
created and the probable annual assessment to
be imposed upon each such lot;
(ii) reimburse the district for any fiscal loss
incurred due to the assessed valuations of
said properties not being adjusted to reflect
their full improvements. This obligation
shall be in effect for one calendar year from
the date of commencement of maintenance
operations by the district.
SECTION 4. Areas to be Maintained by the District.
The areas to be maintained by the district are designated
and described within Exhibit "B", "Areas to be Maintained by the
District" attached hereto and made a part of.
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SECTION 5. Maintenance to be Performed.
The -maintenance described in Section 3 of Ordinance No.
377 of the City of San Juan Capistrano shall be performed by the
District. The maintenance operations shall commence at the time
that landscaping improvements are accepted and the grading bonds
are released for tracts 7673, 8484, 9284, 9373, and 9382.
SECTION 6. Effective Date.
This Ordinance shall take effect immediately as a
special Ordinance, pursuant to Chapter 2.5, Division 1, Title 5
of the California Government Code.
SECTION 7. Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly designated
posting places within the City of San Juan Capistrano within 15
days after its passage.
PASSED, APPROVED AND ADOPTED this 6th day of
December 1 1978 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Schwartze,
Buchheim and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
ATTEST:
C �
KENNETH E. FRIESS, MAYOR
'CITY CLE
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 378 , adopted by the
City Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 6th day of December ,
1978
(SEAL)
MARY ANN OVER, CITY CLERK
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EXHIBIT "A"
OPEN SPACE MAINTENANCE
DISTRICTS BOUNDARIES DESCRIPTION
TRACT 7673
263
All of Tract 7673, exclusive of Lots B and D, as shown on a map
recorded in Book 426, pages 9 through 14 inclusive, of Miscel-
laneous Maps, Official Records of Orange County, California.
TRAIT PAR,
All of Tract 8485, exclusive of Lot A, as shown on a map recorded
in Book 426, pages 41 through 43 inclusive, of Miscellaneous Maps,
Official Records of Orange County, California.
TRACT 9382
All of Tract 9382, as shown on a map recorded in Book 426, pages
5 through 8 inclusive, of Miscellaneous Maps, Official Records
of Orange County, California.
TRACT 9284
All of Tract 9284, as shown on a map recorded in Book 439, pages
38 through 41 inclusive, of Miscellaneous Maps, Official Records
of Orange County, California.
TRACT 9373
All of Tract 9373, as shown on a map recorded in Book 411, pages
4 through 10 inclusive, of Miscellaneous Maps, Official Records
of Orange County, California, and a portion of Tract 7654, as
shown on a map recorded in Book 441, pages 6 through 12 inclusive,
of Miscellaneous Maps, Official Records of Orange County, Calif-
ornia, described as the 15 -foot wide drainage and equestrian
easement along the northerly boundary of said tract, and Lot A of
said tract.
M
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FXHTATT "R"
AREAS TO BE MAINTAINED BY THE DISTRICTS"
TRACT 7673
The Ortega Highway, right-of-way, exclusive of the street section
to the southerly curb, along the northerly boundary of said tract,
and the area lying northerly of the curved walls at the inter-
section of Ortega Highway and Via Cuartel, being a portion of Lots
1 and 79 of said tract.
Lot C of said Tract
The westerly 2 feet, lying northerly of Lot B, of said tract, being
a portion of Lots 71 and 72 of said tract.
The slope area along the westerly boundary, lying southerly of Lot
B, and westerly of the block wall, being a portion of Lots 44 through
52 inclusive, of said tract.
The slope area along the northerly right-of-way of Calle Arroyo,
exclusive of street intersections, lying southerly of the block wall,
being a portion of Lots 32, 43, 44, and 61 of said tract.
TRACT 8485
The Ortega Highway right-of-way, exclusive of the street section to
the southerly curb, along the northerly boundary of said tract, and
the area lying northerly of the curved walls at the intersection of
Ortega Highway and Via Errecarte, being a portion of Lots 1 and 74
of said tract.
The slope area along the northerly right-of-way of Calle Arroyo,
including the portion of said right-of-way lying northerly of the
5 foot wide sidewalk, being a portion of Lots 12 through 24, inclu-
sive, a portion of Lot 54, of said tract.
The slope area along the westerly right-of-way of Avenida Siega,
including the portion of said right-of-way lying westerly of the
5 foot wide sidewalk, being a portion of Lots 10 through 12, in-
clusive, of said tract.
TRACT 9382
The Ortega Highway right-of-way, exclusive of the street section to
the northerly curb, along the southerly boundary of said tract.
The slope area along the northerly right-of-way for Ortega Highway,
lying southelry of the block wall, being a portion of Lots 1
through 8, inclusive, of said tract.
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265
EXHIBIT "B"
TRACT 9382 -CONTINUED
The slope area along the easterly right-of-way of Belford Terrace,
including the portion of said right-of-way lying easterly of the
5 foot wide sidewalk, bounded on the south by Ortega Highway, and
bounded on the north by Rosedale Drive, being a portion of Lot 1
of said tract.
The southerly 10 feet of the 56 foot wide right-of-way of Rosedale
Drive, bounded on the west by Belford Terrace, and bounded on the
east by a line parallel with and distant 65 feet from the centerline
of Belford Terrace.
The remanufactured slopes lying within Lots 62, 63, and 64 of said
tract, excepting therefrom the portion of the remanufactured slope
within Lot 62 lying southwesterly of the southwesterly line of the
150 foot wide easement to San Diego Gas & Electric Company, as shown
on the map of said tract.
TRACT 9284
The remanufactured slopes within Lots 1, 6, 7, 8, 9, and 22 of said
tract, and the remanufactured slope along the easterly right-of-way
for Paseo Peregrino, lying easterly of the angle point in the center-
line of said Paseo Peregrino, being a portion of Lot 16 of said tract.
TRACT 9373
All of Lot A of said tract. The 32 foot wide drainage easement, and
the adjacent 10 foot wide equestrian easement along the southwesterly
boundary of said tract, being a portion of Lots 100 through 102 of
said tract.
The remanufactured slopes within Lots 52 through 60 inclusive, and
Lots 111 through 118, inclusive, of said tract.
The 10 foot wide equestrian easement along the northeasterly boundary
of said tract.
All of Lot A of said Tract 7654.
The 15 foot wide drainage easement within said Tract 7654, along the
northerly boundary of said tract 7654.
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