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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