1989-0718_CLEGG, PHILIP & NONA_Subdivision Agreement$cis00 8� 3bTT2
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO: �'
City of San Juan Capistrano
Office of the Cit Alerk
32400 Paseo Adefanto
San Juan Capi rano, CA 92675
MARY AN HANOVER, City Clerk
San Juan apistrano, California
PARCEL MAP 88-419
SUBDIVISION AGREEMENT
THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of
the Government Code of the State of California, by and between the CITY OF SAN
JUAN CAPISTRANO, a Municipal Corporation, hereinafter called the "City" and PHILIP
and NONA CLEGG, whose mailing address is 1575 N. Main Street, Orange, California
92667, hereinafter called the "Subdivider " and Owners of said land.
�f WITNESSETH:
THAT, WHEREAS, Subdivider has filed with the Planning commission of the
City a tentative map for a proposed subdivision, known as Parcel Map 88-419 *which has
been conditionally approved by the City Council, and
WHEREAS, Subdivider desires to postpone the private improvements required as
a condition of approval of said tentative map until a time subsequent to the acceptance
and recordation of the final map of said subdivision, by entering into this agreement.
NOW, THEREFORE, in consideration of the premises and the approval of the
final map of said subdivision and the postponement of the time to install such
improvements, and to satisfy the said condition of the approval of the said tentative
map, the Subdivider hereby undertakes, promises and agrees as follows:
1. The Subdivider shall design and construct private road extensions of Avenida
Evita and Via Estelita in accordance with the following:
(a) Subdivider shall design and construct a private driveway from the proposed
public cul-de-sac at the terminus of Via Estelita, connecting to the existing
private cul-de-sac on Avenida Evita. Said private cul-de-sac shall be
removed as part of this private improvement.
(b) Once the private road improvements have been completed, to prevent
through traffic movements between Via Estelita and Avenida Evita (public
portion), an emergency access barrier shall be installed at the northeasterly
terminus of the cul-de-sac adjacent to the public portion of Avenida Evita.
(c) The above -noted improvements need not be installed until such time as the
intersection of Del Obispo Street and Aguacate Road is signalized and the
public cul-de-sac at the terminus of Via Estelita is constructed.
*as more particularly described in Exhibit "A" attached hereto and made a part hereof.
Subdivision Agreement
Parcel Map 88-419
Page 2
89-436172
(d) The design of the above -noted improvements shall be subject to the review
and approval of the City Engineer.
2. The Subdivider shall be reimbursed by the owners of the benefiting properties on
a pro -rata share for the design and construction of private improvements as
stated above. Applicant shall be responsible for determining and collecting pro -
rata shares from benefiting parties.
3. Subdivider shall develop a maintenance agreement which would bind the parcels
of benefit to the ongoing costs of this common driveway.
4. Further Subdivision of Subject Parcels: Due to the design of the subject parcel
map, no further subdivisions can be accommodated without changes and/or
variances to the Municipal Code. Therefore. a provision shall be recorded on the
parcels preventing any further subdivision. Said provision to be recorded with
the final map.
5. Subdivider agrees to pay all applicable fees assigned by City. For purposes of
this agreement, applicable fees shall be defined as all fees that may be legally
assessed through City's ordinances and resolutions as conditions of approving
subdivider's subdivision and proposed improvements.
6. Prior to commencing work, Subdivider shall furnish one good and sufficient bond
in accordance with the provisions of Chapter 5 of Division 2 of Title 7 of the
Government Code, said bond shall be in an amount equal to the total estimated
cost of work and improvements not to be dedicated to City but inspected by City
personnel.
7. The City Engineer of the City of San Juan Capistrano may make such changes,
alterations or additions to the plans and specifications for said work and
improvement which do not exceed ten percent (10%) of the total estimated cost
set forth in Item 4 above, as may be determined necessary and desirable by him
for the proper completion of said work and improvement or as required for the
safety and welfare of the public and no such changes, alterations or additions)
shall relieve the Subdivider from the faithful performance of this agreement.
8. It is agreed by and between the parties hereto that in the event it is deemed
necessary to extend the time of completion of the work and improvement to be
done under this agreement, said extension may be granted by the City Engineer.
However, any request for extension which would result in completion of the
improvements after January, 1991, must be reviewed and approved by the City
Council. Said extension shall in no way affect the validity of this agreement or
the obligations hereunder.
9. Subdivider agrees that City may, without any notice, and at its sold option, at
any time after the said time for completion has passed, complete, or cause to be
completed, all or any part of the said work, and Subdivider shall pay to said City,
upon demand, all of the cost of any of said work done by the City, its agents and
contractors, or any of them, to complete all or any part of said work.
10. Subdivider agrees to pay City such sum as the Court may adjudge as reasonable
for the legal services of any attorney representing the City in any action brought
to enforce or interpret the obligations of this instrument, and such sum shall be
made a part of any judgment in such action against the Subdivider if such action
is determined in favor of the said City.
89-430772
Subdivision Agreement
Parcel Map 88-419
Page 3
11. City, its officers and employees, except for their own acts, shall not be liable or
responsible for any accident, loss or damage happening or occurring to the
improvements specified in this agreement prior to the completion and
acceptance of said improvements by the City.
12. At all times, Subdivider shall perform all work in a safe, workmanlike manner
and shall take such precautions as may be necessary to warn and protect the
public from any dangerous condition caused by the construction of said
improvements.
13. Subdivider shall hold City, its officers and employees harmless from any and all
claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of the Subdivider, his contractor,
subcontractors, agents or employees in the performance of this agreement.
Executed at San Juan Capistrano, California, this 18th day of
July ,1989.
ATTEST:
San Juan pi trano City Clerk
SUBDIVIDER
Q
APPROVED AND RECOMMENDED FOR CITY OFJUAN CAPISTRANO
EXECUTION:
U-) ^
.. CJ2 A �6
Director of Public Works%
APP,LZOVED AS TO FORM:
John r.
Shaw, City Attorney
Recorded at the request of
CONTINENTAL LAND TITLE CO.
5:00
A.M. AUG 17 1989
Fadabit "A" Official Records
Orange County, California
Q • `13+aneZ Recorder
Parcels 1, 2, and 3 in the City of San Juan Capistrano, County of Orange,
State of California, as per Map filed in Book 245, Pages 25 and 26 of
Parcel Maps, in the Office of the County Recorder of said County.
CORPORATE ACKNOWLEDGMEV-
State of California
SS.
County of Orange JI
pFF'CI L
MARY ANN HANOVf R
mow..• NOTARY PUBLIC -CALIFORNIA
OR GE
COAN (
u.r
.j
cmm. exp
res 11N1 28, 1992 �t
89-41hl 2 NO. 202
On this the 18th day of July 19 89 , before me,
Ann Hanover
the undersigned Notary Public, personally appeared
Gary L. Hausdorfer
L2F personally known tome
❑ proved to me on the basis of satisfactory evidence
to be the personGs) who executed the within instrument as
munlcipal
Mayor or on behalf of th¢ corpora rion therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
IZ
7120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura BNd. • P.O Box 4625 • Woodland 11111$ UA y1365 -462b
CORPORATE ACKNOWLEDGMENT NO. 202
State of California
SS.
County of Orange
OFFIC7JOHNSON
AL
CHERYL NOTARY PUBFORNIA
ORANYMy comm. ep11, 1989
On this the J?LrBay of `�U� 19—L9, before me,
Cheryl A. Johnson
the undersigned Notary Public, personally appeared
Mary Ann Hanover
IX personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(v�who executed the within instrument as.
municipal
City Clerk or on behalf of thekorporation therein
named, and acknowledged to me that the corporation executed it.
WIytJESS my hand and official seal.
Notary's Sigature
7120122 PM 88-419 (Clegg) NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd • P.O. Box 4625 • Woodland 11014 CA 91365-4625
CORPORATE ACKNOWLEDGMENT -
State of
j Ss.
County of
OFFICIAL SEAL
CHERYL A JOHNSON
® NOTARY PUBLIC - CALIFORNIA
OFRICF CoIINTY
My mmm. expires NGV 11, 1989
GENERAL ACKNOWLEDGMENT
State of California
County of
Orange }SS.
))
OFFICIAL SEAL
BETTY WICKSTRUM
NOTARY PUBLIC -CALIFORNIA
OIdMiGE COUNTY
�.E My mmm. exp'uee APR I, 1991
9-43aT12NO. 202
On this the/ I day of JU-L Y 190/, before me,
the undersigned Notary Public, personally appeared
✓personally known to me
C proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
(I,2 b/-- /00,61-/c or on behalf of th corporation therein
named, and acknowledged to me that the corporation executed it.
NATIONAL NOTARY ASSOCIATION • 23012 Venture Blvd. • P.O. Box 4625 • Woodland Hills, CA 91365-4625
On this the 13th day of July 1989 , before me,
Betty Wickstrum
the undersigned Notary Public, personally appeared
Philip Clegg and Nona Clegg
Cx personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) are subscribed to the
within instrument, and acknowledged that they executed it.
ESS my hand and official seal.
re
NO. 201
]110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box4625 • Woodland Hills CA 913654625