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08-0805_DANA POINT, CITY OF_Pre-Annexation Agreement This Document s electronically recorded by • C f Dana Point Recorded in Official Records, Orange County RECORDING REQUESTED BY Tom Daly,Clerk-Recorder AND WHEN RECORDED MAIL TO: u City Clerk N1EI�I�11NI��i1NN11 NO FEE 2008000390972 04:26pm 08/15/08 City of Dana Point 113 92 Al2 26 33282 Golden Lantern 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Dana Point, CA 92629 Exempt From Filing Fees Government Code § 27883 (Space Above Line For Recorder's Use) PRE-ANNEXATION AGREEMENT This Pre-annexation Agreement("Agreement') is entered into �� 2008 the (`Effective Date") by and between the CITY OF DANA POINT (" ana Point') and the CITY OF SAN JUAN CAPISTRANO (`Capistrano") EXHIBITS A: Map of Area to be Annexed B: Map of Area to be Improved C: Legal Description of Area to be Annexed D: Legal Description of Area to be Improved E: Comments by Dana Point City Engineer, Matthew Sinacori RECITALS 1.1. Capistrano wishes to pursue the annexation of a portion of Dana Point as proposed by Capistrano, located in the County of Orange, adjacent to Capistrano's territorial limits. 1.2. Capistrano desires to annex only those territorial boundaries of Dana Point as depicted in the accompanying Exhibit A (the "Property"). 1.3. Dana Point desires Capistrano to improve the vacant parcel owned by Capistrano as depicted in the accompanying Exhibit B (the "Parcel") 1.4. Dana Point finds that it is in its best interest to pursue annexation of the PROPERTY into Capistrano under the terms of this Agreement. 1.5. Dana Point is legally authorized to either take a neutral position on the Capistrano-proposed annexation, or to object to such annexation. 1.6. Dana Point has certain concerns that, if not addressed by Capistrano, would result in its objecting to Capistrano's proposed annexation; while, at the same time, Dana Point is willing to address those concerns by entering into this legally binding agreement. 1.7. The Parties acknowledge that once annexed, the PROPERTY will be subject to Capistrano's lawful exercise of its police powers. 1.8. This Agreement is intended to set forth the Parties' agreements concerning Capistrano's annexation of the PROPERTY. To avoid any misunderstandings or disputes that may arise from time to time between Dana Point and Capistrano concerning the annexation of the PROPERTY, and to avoid any misunderstandings or disputes relating to annexation and attendant matters, the Parties believe it is desirable to set forth their intention and understanding in this Agreement. Further, this Agreement shall be used as the basis for the decision of the City Council of Dana Point to consent to the annexation of the PROPERTY by Capistrano. 1.9. The terms and conditions of this Agreement have undergone extensive review by Dana Point and Capistrano, and they each have found the Agreement to be fair,just and reasonable. 1.10. The Dana Point City Council has determined that this Agreement is consistent with Dana Point's General Plan, and is in the best public interest of Dana Point and its residents and that adopting this Agreement constitutes a present exercise of its police power. NOW, THEREFORE, in consideration of the above recitals and of the following mutual covenants, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: COVENANTS 2.1 RECITALS. The foregoing recitals are acknowledged to be true and correct and are hereby incorporated as if fully restated. They shall be enforced and enforceable as any other provision of this Agreement. 2.2 DEFINITIONS. 2.2.1 Defined Terms. The following terms used in this Agreement, unless the context otherwise requires, shall have the following meanings: "Agreement" shall mean this Pre-annexation Agreement, including all Exhibits attached hereto. "Dana Point" shall mean the City of Dana Point, a municipal corporation and a general law city. 2 r • • "Capistrano" shall mean the City of San Juan Capistrano, a municipal corporation and a general law city. "County" shall mean the County of Orange, a political subdivision of the State of California. "Parties" shall mean Dana Point and Capistrano collectively. "Property" shall mean the real property of those territorial boundaries of Dana Point as depicted in the accompanying Exhibit A. "Parcel" shall mean the real property of those territorial boundaries of Capistrano as depicted in the accompanying Exhibit B. 2.2.2 Additional Defined Terms. To the extent that any capitalized terms contained in this Agreement are not defined above, such terms shall have the meaning otherwise ascribed to them in this Agreement. 2.3 INDEMNIFICATION. Capistrano shall, at its own cost and expense, and at the request of Dana Point, defend any and all suits which may be brought against Dana Point, its agents and agencies, and employees, either alone or in conjunction with others upon any liability or claim or claims relating to and resulting from the annexation of the Property by Capistrano, provided however, that Dana Point, its agents and agencies, and employees shall give Capistrano written notice of any such claim or demand and desire of such defense. Capistrano shall indemnify Dana Point, its agents and agencies, and employees, against, and hold Dana Point, its agents and agencies, and employees harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and judgments, relating to and resulting from the annexation of the Property, Without limiting the generality of the preceding sentence, Capistrano expressly and unequivocally agrees to indemnify Dana Point, its agents and agencies, and employees against and hold Dana Point its, agents and agencies, and employees harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees andjudgments, relating to and resulting from the annexation of the Property including, but not limited to, claims or actions by third parties attempting to enforce present or future agreements with Capistrano against Dana Point, its agents and agencies and employees. Capistrano shall satisfy, pay and discharge any and all judgments and fines that may be recovered against Dana Point, its agents and agencies and employees in any such action or actions. For purposes of this Agreement the phrase "relating to and resulting from the annexation of the Property" shall mean a liability, obligation, or other claim to which such phrase refers that exists exclusively as a result of the annexation of the Property contemplated by this Agreement, and which would not otherwise exist. 3 2.4 CAPISTRANO'S INTENDED ZONING AND GENERAL PLAN DESIGNATION FOR ANNEXED PROPERTY. The current land use designation for the land area adjacent to the Property has a General Plan Land Use Designation of Quasi-Industrial and a Zoning designation of (CM) Commercial Manufacturing. On March 18, 2008, the Capistrano City Council adopted Resolution# 08-03-18-03 initiating a General Plan Amendment Study for the subject Property and adjacent land area to host a mixed-use (residential and commercial) Planned Community (PC) land use designation. 2.5 PRE-ANNEXATION OBLIGATIONS AND COMMITMENTS. 2.5.1 Annexation of Property. Consistent with and subject to all of the covenants, terms and conditions of this Agreement, Capistrano will initiate proceedings under the Cortese-Knox Local Government Reorganization Act of 1985 for the annexation of the Property to Capistrano, and take such subsequent actions as may be reasonably required of it to complete the annexation of the Property under such conditions as are imposed by or through the Local Agency Formation Commission and reasonably acceptable to Dana Point and Capistrano. 2.5.2 Mutual Cooperation. Each party hereto will support and cooperate with the other in any manner authorized by law or regulation and reasonably required to facilitate completion of annexation of the Property into Capistrano consistent with the provisions of this Agreement. 2.6 POST ANNEXATION OBLIGATIONS AND COMMITMENTS. 2.6.1 Park Improvements. Capistrano agrees to make certain park improvements to the 0.41 acre vacant Parcel owned by Capistrano (APN 66-821-121). Improvements to the Parcel shall be as illustrated on the attached map (Exhibit B), as suggested per written comments from the Dana Point City Engineer, dated January 23, 2008 (Exhibit E). 2.6.2 Cost of Improvements. Improvements to the 0.41 acre vacant Parcel as described above shall be at the expense of Capistrano and shall be completed on or before April 1, 2009. 2.6.3 Maintenance. Capistrano shall be responsible for the regular maintenance of the park site on the Parcel illustrated on the attached map (Exhibit B). Maintenance of the Parcel shall be at least at the same level as the maintenance of the neighboring Creekside Park in Dana Point. 2.6.4 Access. Capistrano shall continue to permit ingress/egress access to Dana Point across the Parcel in order for Dana Point to access Creekside Park from Capistrano for maintenance and public safety purposes. • 2.6.5 Conflict Agreement. In addition to any other available remedies, the parties agree and acknowledge this Agreement relates to unique land use and jurisdictional issues and that remedies at law, even if available, are inadequate in the event of a breach. Hence, since it may be impractical or impossible to restore matters to their status quo ante, once implementation of this Agreement has begun, the parties acknowledge that specific performance may be appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all parties hereto. This Section shall not limit any other rights,remedies, or causes of action that any party may have. 2.7 MISCELLANEOUS PROVISIONS. 2.7.1 Duration. This Agreement shall terminate upon the failure of Capistrano to annex the Property in concurrence with the completion of the phases of development and pursuant to the terms provided for here. 2.7.2 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then this Agreement shall not terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld. It is the intent of both Parties that the remaining terms, provisions, covenants and conditions of this Agreement be in effect, valid, and enforceable should any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable. 2.7.3 Breach of Contract. In the event of any breach of this Agreement, the non- breaching party will have the right to pursue against the breaching party, any and all remedies that are available at law or at equity for breach of a contractual obligation. 2.7.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted per the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meanings to achieve the objectives and purposes of the parties hereto, and shall be interpreted as if mutually drafted by the parties, all parties having been represented by counsel in the negotiation and preparation hereof. 2.7.5 Notice. Unless otherwise permitted by this Agreement, all notices to be given shall be in writing and may be made by personal delivery, certified mail, postage prepaid and return receipt requested. Mailed notices shall be addressed to the Parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Receipt will be deemed made as follows: notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated on receipt or rejection. 5 If to Capistrano: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attn: City Manager With a Copy to: Woodruff, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, California 92626 Attn: Omar Sandoval If to Dana Point:City of Dana Point 33282 Golden Lantern Dana Point, California 92629 Attn: City Clerk With a Copy to: Patrick Munoz Dana Point City Attorney Rutan & Tucker, LLP 611 Anton Blvd., Suite 1400 Costa Mesa, CA 92626 2.7.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 2.7.7 Singular and Plural. As used herein, the singular of any word includes the plural. 2.7.8 Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 2.7.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 2.7.10 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. • 2.7.11 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. 2.7.12 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. 2.7.13 Further Actions and Instruments. Each of the parties shall cooperate and provide reasonable assistance to the other as allowed by applicable laws, rules, and regulations, and to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, and as allowed by applicable laws, rules, and regulations, the other party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record such required instruments and writing and take any action as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 2.7.14 Recordation. Capistrano shall cause this Agreement to be recorded with the Orange County Recorder's Office within 60 days of the last signature required by this Agreement. 2.7.15 Amendments in Writing_/Cooperation. This Agreement may be amended only by written consent of both parties specifically approving the amendment. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. [SIGNATURES ON FOLLOWING PAGE] 7 IN WITNESS WHEREOF, the parties hereto have executed this Pre-annexation Agreement on the day and year first set forth above. THE CITY OF DANA POINT, a California mu ip orpor n By: oug otkevys, ity anager Attest: APPROVED AS TO LEGAL FORM: y M. Ward, City Clerk Q t A. Patric Munoz, City Attorney THE CITY OF SAN JUAN CAPISTRANO, a California municipal corpo By: __.. a -# — --- — Joe oto. Mayor Attest APPROVED AS TO LEGAL FORM: M rg t R. Monahan, City Clerk Omar San oval, City Attorney 8 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On August 5,2008,before me,Margaret R.Monahan,City Clerk personally appeared Joe Soto Mayor), who proved to me on the basis of satisfactory evidence to the be person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) WITNESS my hand and official seal. argare R. Monahan, City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document Officer title Pre-annexation agreement w/ Dana Point Mayor Date of Document Signers are Representing August 5, 2008 City of San Juan Capistrano AV aim- L NOW SWAP #'+ ► �' •. _ d t ` � f r.. - •� _ . ANI f v Exhibit A > " i y � D 0 O 0 O J O l w ® O O I.I 4-- Ell = e s i 1 Calle Jardin ti s = e Community Park 13 l 2 REORGANIZATION No. RO 08-01 3 DETACHMENT FROM THE CITY OF DANA POINT AND ANNEXATION TO THE CITY OF SAN 4 JUAN CAPISTRANO 5 6 BEGINNING AT AN ANGLE POINT IN THE EXISTING BOUNDARY LINE OF THE CITY OF SAN 7 JUAN CAPISTRANO AS ESTABLISHED BY'SOUTHSIDE ANNEXATION (AMENDED)", SAID ANGLE 8 POINT BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING 9 AND DISTANCE OF "NORTH I1036'44" EAST 103.39 FEET" PER SAID "SOUTHSIDE ANNEXATION 10 (AMENDED)", SAID ANGLE POINT BEING ON THE COMMON BOUNDARY LINE BETWEEN THE 11 CITIES OF DANA POINT AND SAN JUAN CAPISTRANO; THENCE ALONG SAID EXISTING _ 12 COMMON BOUNDARY LINE THE FOLLOWING COURSES: - 13 SOUTH 65015'39" EAST 5.89 FEET, 14 NORTH 24°44'21"EAST 633.97 FEET, 15 NORTH 65015'39"WEST 153.69 FEET; 16 THENCE LEAVING SAID EXISTING COMMON BOUNDARY LINE SOUTH 11036'44" WEST 650.97 17 FEET TO THE POINT OF BEGINNING. 18 19 CONTAINING 1.161 ACRES, MORE OR LESS. 20 21 AS SHOWN ON EXHIBIT'B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART 22 HEREOF. 23 Y 24 DATED THIS 30_DAY OF J�n)G _,2008. 25 UND Spy` 26 27 EXP. 12/31/05 28 USEL 29 . 5347,EXP. 121311r� CS53 30 9 OF CA013- M\Mq)pingN 0094011Annc.xat 0n,RI0RO-No-R008.dn April 1.2001 /�� 1 THIS PROPOSAL DOES MEET THE APPROVAL OF 2 THE ORANGE COUNTY SURVEYOR'S OFFICE. 3 4 5 COUNTYSURVEYOR 6 7 DATED THIS_DAY OF ,2008. 8 9 10 11 PER:ION HORNECKER,DEPUTY COUNTY SURVEYOR 12 L.S. 7212,MY LICENSE EXPIRES 3-31-2010 _ MiMrPpinp40090PAmigniniiUt[OR<i-No Rp-08.Grc April 1,2009 /� 125 iP3' lu' W VSS Ty 9 i l -J,�e1 •w `� �J 0 c) m O 0 0 Q ' v m iU >> Qm 7, e v UQ K I z ) 1 ;) N6515'39'W 5.89' H5 N11'36'44'E 103.39' PW 8t0 I Ngh/cC 100' 200' 0 100' 200' 400' / � \ GRAPHiC SCALE 1" = 200' 1 INCE p1R a 0 A POMPT Y L SAN�WEE CAFISiPAN0. AREA OF REORGANIZATION A INKATES FOUND O.GS HORIZWTAL ODNTROL STARON IMS DOCUMENT DOES MELT TIE APPROVAL OF $�Wig , THE ORANGE COUNTY SURS£YOR'S OTE. C M W!O°OSN. AZS PREPARED OY ME OR UNDER MY OLRECROV e� '/,'I'� COUNTY SURVEYOR DAi TMS.V' DAY OF yyA, M&.0 DA) MIS—DAY OF 10OB. !/CENSE LS 7212 MY L/CDISE EAPIRES 0341110 SHEET 1 OF 1 REORGANIZATION No. NO 08— DETACHMENT FROM THE CITY,OF DANA POINT AND ANNEXATION TO THE CITY OF SAN JUAN CAPISTRANO .w 21 wv 7 PROPERTY DETAIL REPORT 25742 At IPAZ ST, SAN JUAN CAPISTRANO CA 92675- Owner Information: Owner Name: CITY OF SAN JUAN CAPISTRANO Mailing Address: 32400 PASEO ADELANTO.SAN JUAN CAPISTRANO CA 92675-3603 Phone Number: Vesting Codes: I Location Information: Legal Description: N TR 5657 LOT 149 County FIPS: 6059 APN: 66821121 Census TracVBIock: Thomas Bros.Map#: A4-972 Legal Book/Page: 668-21/ Tract#: Legal Lot: 149 Legal Block: Township-Range-Sect: - - Last Market Sale Information: Recording Date: 02/13/1976 Sale Price: Document Number: 0116471792 Lender: Property Characteristics: Living Area: Building Area: Basement Area: Total Rooms: Bedrooms BathlF/HI: / #of Stories: Stories Type Units#: Pool Type: Roof Cover: Roof Framing: Year Built/Eff: / Site Information: Zoning: Acres: 0.386 Lot Area: 16800 County Use: Land Use: 600 Neighborhood Park District Tax Information: Assessed Value: $27,438 Property Tax: Tax Year: 2006 Land Value: $27,438 Homestead Exemption: Improvement Value: /9 CITY OF DAA POINT PUBLIC WORKS — ENGINEERING SERVICES 33282 Golden Lantern, Suite 212 Dana Point, Ca 92629 949.248.3575 (www.danapoint.org) January 23, 2008 Kyle Butterwick Community Development City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 SUBJECT. CALLE JARDIN COMMUNITY PARK COURTESY REVIEW FROM THE ENGINEERING DEPARTMENT Kyle: Per your request, this memorandum is being provided in response to the informal submission of the Calle Jardin Community Park proposed by the City of San Juan Capistrano. Our comments are as follows: GENERAL COMMENTS: 1. Address City access from the City of San Juan Capistrano as part of the agreement currently being negotiated. If that is not included in the agreement, then a separate access easement should be processed. 2. The main sidewalk shall be a minimum of 8 foot in width and be constructed per the attached detail included as Attachment 'A'. 3. The proposed lights should match the City of Dana Point fixtures currently being installed in other portions of Creekside Park. The City has included the submittal for those fixtures which provide the manufacturer and model number of the fixtures (Attachment 'B'). 4. Remove two trees as shown on the attached redline plan so the planned security lights can light other portions of the park. 5. Evaluate proposed decomposed granite paths with the Parks and Recreation Division due to maintenance concerns. Consider stabilizer utilized by the City of San Clemente on Calle Hermosa if decomposed granite is installed. 6. Driveway to be constructed per APWA Standards. If you have general questions or comments, please let us know. Sincerely, Matthew Sinacori, P.E. City Engineer EXHIBIT E Z Jaruary16, 2008 • • Page 2 of 6 Attachment A: Sidewalk Detail : Y I 2 4 S' •'MIK � � 4 O aOWAMM FAVORS. MOM TO GRAN FM CIVIL 15101>�FLAK © OS RT'2VR AT W 06.EAUO KAY UMOUP w OLAB FOR VbNGLAIt PAP~LILY.on SPP, V-ATION MOR AODTTIOMAL NlORFMTIOIL © FINISH ORAD! O4 COWACT9 SMRADM JQ NOH!V © 1/4•TOOLEP RAVM NQQ4 WNTRAOTOR TO 109WA E T X T W1LE OF COLOR AND FNNBN TTM! TO CITY FOR MAN MO ATROVAL.NO ACOORDNICC NTN TE 1 NOTm R M Sp%GV%"TIOW. TTR v ClFaT,92W rM RMM'ORO[D WNCNETE(060-C-0260 PM'OIQJMOOI[') © !LOPE ALL C4M612I!MWAGES A MMMM OF M,O%MAX UNLESS MWW OT IM04 . TC UFFOI M NGES OF T!/IMRADE M ALL MICAS/'1Nf•II MLL ITE &W COM-MM FATOMM NIIOIND M MOMTR4 u04MIO/m TO AT LEAST 406 ASO M OPMK M MOMTIRt CONIQR MO COOMACTW TO AT LEAST 40%IRATTVE COFIACTION MM To FLA6INS CVP C WNTRACTOR OIMLL ANTICIPATE GC kqW CATp1 OF tq 0O M-IMGM TO A4<4W W TNN INMMNTIm!{NORAD!MDMTN!COIRIOOT. 2 GONGRETE PA.V I N& SGAI E I - I-0 �\ LONOP January 16, 2008 • • Page 3 of 6 Attachment B: Light Fixture Information CREEKSIDE PARK 'VoRW is to be 240 volt(MT) *color for pole,arra and luminsiro is 10 be Federal Omen '100 wag,mets)halide %1i exposed hwdware painted to match January 16, 2008 • • Page 4 of 6 CIZ66 PA 12 K PEV. At1EMMN DAM w O IN immms ir -IM-MF,Kq OINYYIR M P�{N.31l,Or N)ONaorl 3..L IUT IMt(IU) O 6�R 1M(Y Mllr� 1N 14H-1-t !pp[T rN(: YLLyY �l OI0011 11OR�EI/IrC Y♦:TM„MIU[ 100 YOYrt MY It MSIAZ' W' RWO ,YYR. 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V 32400 PASEO ADELANTO v �� I� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)4931171 SAM ALLEVATO (949)4931053 FAXIAfo110uff6 THOMAS W.HRIBAR wwwsanjuancapistrano.org I�J76 - I 1961 MARK NIELSEN JOE SOTO DR.LONDRES USO TRANSMITTAL TO: Kathy Ward, City Clerk City of Dana Point 33282 Golden Lantern St., Ste 203 Dana Point, CA 92629-1805 FROM: Meg Monahan, MMC — City Clerk (949) 443-6308 RE: Pre-annexation agreement w/ City of SJC Hi Kathy, Enclosed: (2) original, executed agreements with signature acknowledgements. Please forward a copy of the recorded instrument to my attention when completed. Thank you, CC: Douglas Dumhart, Economic Development Manager Grant Taylor, Assistant Planning Director San Juan Capistrano: Preserving the Past to Enhance the Future �, Primed on 100%recycled paper • • 8/5/2008 AGENDA REPORT pg TO: Dave Adams, City Manager FROM: Douglas D. Dumhart, Economic Development Manager SUBJECT: Consideration of Pre-Annexation Agreement between the City of Dana Point and the City of San Juan Capistrano Regarding Boundary Adjustment Involving Assessor's Parcel No. 121-240-36 (Orange County Flood Control District Parcel L01-113.7) City Council Priority No. 8a RECOMMENDATION: By motion, approve the pre-annexation agreement with the City of Dana Point and authorize the Mayor to execute. SUMMARY: The San Juan Capistrano Community Redevelopment Agency ("Agency") is fee owner of approximately 15-acres of vacant property located north of Stonehill Drive between the railroad tracks and flood control channel. The property is commonly known as the "Lower Rosan Ranch." When San Juan Capistrano annexed the great western properties in or about 1986/87, the new corporate boundary line was established in this vicinity. The Local Agency Formation Commission ("LAFCO") generally followed property lines of existing parcels. One such parcel belonging to the Orange County Flood Control District ("OCFCD") APN 121-240-36 lies adjacent to the Agency's Lower Rosan Ranch property. The OCFCD parcel is a triangular shaped piece which sits approximately in the middle of the Lower Rosan Ranch property. See the graphic location map provided as Attachment 1 to this report. On February 19, 2008, the Agency retained Gafcon, Inc. to master plan the Lower Rosan Ranch property for development. The jog in the corporate boundary line along the OCFCD's parcel presents cumbersome land planning of the Lower Rosan Ranch property. To alleviate this situation staff has inquired as to a boundary adjustment with LAFCO, the OCFCD, and the City of Dana Point. All parties were in concurrence that a boundary adjustment made sense and ensured proper land planning. In anticipation of making a formal LAFCO application, a letter of neutrality from the City of Dana Point was sought. Agenda Report • • Page 2 August 5, 2008 The City of Dana Point took action to endorse the concept of the boundary adjustment by Resolution # 08-03-04-03 adopted on March 4, 2008. The City of Dana Point's consent to the boundary adjustment is subject to the City of San Juan Capistrano improving its 0.41-acre of vacant land adjacent to the northern terminus of Dana Point's Creekside Park. Dana Point's approving Resolution has been provided as Attachment 2 to this report. The area targeted for improvements by Dana Point were already earmarked for enhancements by the City and Dana Point's condition is reasonable. Dana Point has prepared a pre-annexation agreement, provided as Attachment 3 memorializing the understanding for the boundary adjustment. Staff finds the pre-annexation agreement acceptable and recommends the City Council approve and execute the agreement. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: Calle Jardin Park improvements have been budgeted in the FY 08/09 adopted budget. NOTIFICATION: Kyle Butterwick, City of Dana Point Yehudi Gaffen, Gafcon, Inc. Warren Watkins, Owner of C.V.M.E. Tom Gronewald, President of the C.V.M.E. H.O.A. RECOMMENDATION: By motion, approve the pre-annexation agreement with the City of Dana Point and authorize the Mayor to execute. Respectfully submitted, ougl s D. Dumhart Economic Development Manager Attachment(s): 1. Graphic Location Map 2. City of Dana Point Resolution # 08-03-04-03 3. Pre-annexation Agreement AL IV* on 014 414 JA -M Ilk ok av, IF P t„ n +y_ tz • A w 1 fy� x n� f _� . . .. RESOLUTION NO,08-03-04-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT TO ENDORSE IN CONCEPT THE CITY OF SAN JUAN CAPISTRANO'S PROPOSAL TO ANNEX A .99 ACRE PROPERTY FROM THE CITY OF DANA POINT TO THE CITY OF SAN JUAN CAPISTRANO WITH A RESULTING CHANGE IN THE BOUNDARY OF THE CITY WHEREAS, The City is informed of the City of San Juan Capistrano's desire to annex property, otherwise described as a portion of the Lower Rosan Property (APN 121-240- 73), 21-240.73),with a resulting change in the boundary between the two Cities; the City of San Juan Capistrano has also agreed to make certain park improvements to currently vacant property (APN 66-821-121) in the City of San Juan Capistrano that is adjacent to the City of Dana Point's Creekside Park. WHEREAS, The City endorses the City of San Juan Capistrano's proposal in concept and desires to move the process of annexation forward. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dana Point (1) j authorizes the City Manager to enter into an agreement that would memorialize the points and terms offered by the City of San Juan Capistrano for certain park improvements to vacant land it owns adjacent to Creekside Park (APN 66-821-121). and, (2) authorizes the City Manager to prepare a letter to the Local Agency Formation Commission(LAFCO) in support of the annexation. PASSED, APPROVED AND ADOPTED THIS 4th DAY OF MARCH 2008. i JOEL BISHOP, MAYOR ATTEST: lk�hy M. W rd, City Clerk i i i I ATTACHMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF DANA POINT ) 1, Kathy M. Ward, City Clerk of the City of Dana Point, Califomia, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution . No, 08-03-04-03 adopted by the City Council of the City of Dana Point, California, at a regular meeting thereof held on the 4"day of March, 2008,by the following vote: AYES: Council Members Anderson, Harkey,Weinberg, Mayor Pro Tem Bartlett, and Mayor Bishop NOES: None ABSENT: None (SEAL) f i KATHYM.WARD, CITY CLERK i I I I i I 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Exempt From Filing Fees Government Code § 27883 (Space Above Line For Recorder's Use) PRE-ANNEXATION AGREEMENT This Pre-annexation Agreement ("Agreement") is entered into 2008 the ("Effective Date") by and between the CITY OF DANA POINT ("Dana Point") and the CITY OF SAN JUAN CAPISTRANO ("Capistrano") EXHIBITS A: Map of Area to be Annexed B: Map of Area to be Improved C: Legal Description of Area to be Annexed D: Legal Description of Area to be Improved E: Comments by Dana Point City Engineer, Matthew Sinacori RECITALS 1.1. Capistrano wishes to pursue the annexation of a portion of Dana Point as proposed by Capistrano, located in the County of Orange, adjacent to Capistrano's territorial limits. 1.2. Capistrano desires to annex only those territorial boundaries of Dana Point as depicted in the accompanying Exhibit A (the "Property"). 1.3. Dana Point desires Capistrano to improve the vacant parcel owned by Capistrano as depicted in the accompanying Exhibit B (the "Parcel") 1.4. Dana Point finds that it is in its best interest to pursue annexation of the PROPERTY into Capistrano under the terms of this Agreement. 1.5. Dana Point is legally authorized to either take a neutral position on the Capistrano-proposed annexation, or to object to such annexation. ATTACHMENT 0 0 1.6. Dana Point has certain concerns that, if not addressed by Capistrano, would result in its objecting to Capistrano's proposed annexation; while, at the same time, Dana Point is willing to address those concerns by entering into this legally binding agreement. 1.7. The Parties acknowledge that once annexed, the PROPERTY will be subject to Capistrano's lawful exercise of its police powers. 1.8. This Agreement is intended to set forth the Parties' agreements concerning Capistrano's annexation of the PROPERTY. To avoid any misunderstandings or disputes that may arise from time to time between Dana Point and Capistrano concerning the annexation of the PROPERTY, and to avoid any misunderstandings or disputes relating to annexation and attendant matters, the Parties believe it is desirable to set forth their intention and understanding in this Agreement. Further, this Agreement shall be used as the basis for the decision of the City Council of Dana Point to consent to the annexation of the PROPERTY by Capistrano. 1.9. The terms and conditions of this Agreement have undergone extensive review by Dana Point and Capistrano, and they each have found the Agreement to be fair,just and reasonable. 1.10. The Dana Point City Council has determined that this Agreement is consistent with Dana Point's General Plan, and is in the best public interest of Dana Point and its residents and that adopting this Agreement constitutes a present exercise of its police power. NOW, THEREFORE, in consideration of the above recitals and of the following mutual covenants, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: COVENANTS 2.1 RECITALS. The foregoing recitals are acknowledged to be true and correct and are hereby incorporated as if fully restated. They shall be enforced and enforceable as any other provision of this Agreement. 2.2 DEFINITIONS. 2.2.1 Defined Terms. The following terms used in this Agreement, unless the context otherwise requires, shall have the following meanings: "Agreement" shall mean this Pre-annexation Agreement, including all Exhibits attached hereto. "Dana Point" shall mean the City of Dana Point, a municipal corporation and a general law city. Page 2 of 13 0 0 "Capistrano" shall mean the City of San Juan Capistrano, a municipal corporation and a general law city. "County" shall mean the County of Orange, a political subdivision of the State of California. "Parties" shall mean Dana Point and Capistrano collectively. "Property" shall mean the real property of those territorial boundaries of Dana Point as depicted in the accompanying Exhibit A. "Parcel" shall mean the real property of those territorial boundaries of Capistrano as depicted in the accompanying Exhibit B. 2.2.2 Additional Defined Terms. To the extent that any capitalized terms contained in this Agreement are not defined above, such terms shall have the meaning otherwise ascribed to them in this Agreement. 2.3 INDEMNIFICATION. Capistrano shall, at its own cost and expense, and at the request of Dana Point, defend any and all suits which may be brought against Dana Point, its agents and agencies, and employees, either alone or in conjunction with others upon any liability or claim or claims relating to and resulting from the annexation of the Property by Capistrano, provided however, that Dana Point, its agents and agencies, and employees shall give Capistrano written notice of any such claim or demand and desire of such defense. Capistrano shall indemnify Dana Point, its agents and agencies,and employees, against, and hold Dana Point, its agents and agencies, and employees harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and judgments, relating to and resulting from the annexation of the Property. Without limiting the generality of the preceding sentence, Capistrano expressly and unequivocally agrees to indemnify Dana Point, its agents and agencies, and employees against and hold Dana Point its, agents and agencies, and employees harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and judgments, relating to and resulting from the annexation of the Property including, but not limited to, claims or actions by third parties attempting to enforce present or future agreements with Capistrano against Dana Point, its agents and agencies and employees. Capistrano shall satisfy, pay and discharge any and all judgments and fines that may be recovered against Dana Point, its agents and agencies and employees in any such action or actions. For purposes of this Agreement the phrase "relating to and resulting from the annexation of the Property" shall mean a liability, obligation, or other claim to which such phrase refers that exists exclusively as a result of the annexation of the Property contemplated by this Agreement, and which would not otherwise exist. Page 3 of 13 2.4 CAPISTRANO'S INTENDED ZONING AND GENERAL PLAN DESIGNATION FOR ANNEXED PROPERTY. The current land use designation for the land area adjacent to the Property has a General Plan Land Use Designation of Quasi-Industrial and a Zoning designation of (CM) Commercial Manufacturing. On March 18, 2008, the Capistrano City Council adopted Resolution# 08-03-18-03 initiating a General Plan Amendment Study for the subject Property and adjacent land area to host a mixed-use (residential and commercial) Planned Community(PC) land use designation. 2.5 PRE-ANNEXATION OBLIGATIONS AND COMMITMENTS. 2.5.1 Annexation of Property. Consistent with and subject to all of the covenants, terms and conditions of this Agreement, Capistrano will initiate proceedings under the Cortese-Knox Local Government Reorganization Act of 1985 for the annexation of the Property to Capistrano, and take such subsequent actions as may be reasonably required of it to complete the annexation of the Property under such conditions as are imposed by or through the Local Agency Formation Commission and reasonably acceptable to Dana Point and Capistrano. 2.5.2 Mutual Cooperation. Each party hereto will support and cooperate with the other in any manner authorized by law or regulation and reasonably required to facilitate completion of annexation of the Property into Capistrano consistent with the provisions of this Agreement. 2.6 POST ANNEXATION OBLIGATIONS AND COMMITMENTS. 2.6.1 Park Improvements. Capistrano agrees to make certain park improvements to the 0.41 acre vacant Parcel owned by Capistrano (APN 66-821-121). Improvements to the Parcel shall be as illustrated on the attached map (Exhibit B), as suggested per written comments from the Dana Point City Engineer, dated January 23, 2008 (Exhibit E). 2.6.2 Cost of Improvements. Improvements to the 0.41 acre vacant Parcel as described above shall be at the expense of Capistrano and shall be completed on or before April 1, 2009, 2.6.3 Maintenance. Capistrano shall be responsible for the regular maintenance of the park site on the Parcel illustrated on the attached map(Exhibit B). Maintenance of the Parcel shall be at least at the same level as the maintenance of the neighboring Creekside Park in Dana Point. 2.6.4 Access. Capistrano shall continue to permit ingress/egress access to Dana Point across the Parcel in order for Dana Point to access Creekside Park from Capistrano for maintenance and public safety purposes. Page 4 of 13 • • 2.6.5 Conflict Agreement. In addition to any other available remedies, the parties agree and acknowledge this Agreement relates to unique land use and jurisdictional issues and that remedies at law, even if available, are inadequate in the event of a breach. Hence, since it may be impractical or impossible to restore matters to their status quo ante, once implementation of this Agreement has begun, the parties acknowledge that specific performance may be appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all parties hereto. This Section shall not limit any other rights, remedies, or causes of action that any party may have. 2.7 MISCELLANEOUS PROVISIONS. 2.7.1 Duration. This Agreement shall terminate upon the failure of Capistrano to annex the Property in concurrence with the completion of the phases of development and pursuant to the terms provided for here. 2.7.2 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then this Agreement shall not terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld. It is the intent of both Parties that the remaining terms, provisions, covenants and conditions of this Agreement be in effect, valid, and enforceable should any term,provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable. 2.7.3 Breach of Contract. In the event of any breach of this Agreement, the non- breaching party will have the right to pursue against the breaching party, any and all remedies that are available at law or at equity for breach of a contractual obligation. 2.7.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted per the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meanings to achieve the objectives and purposes of the parties hereto,and shall be interpreted as if mutually drafted by the parties, all parties having been represented by counsel in the negotiation and preparation hereof. 2.7.5 Notice. Unless otherwise permitted by this Agreement, all notices to be given shall be in writing and may be made by personal delivery, certified mail, postage prepaid and return receipt requested. Mailed notices shall be addressed to the Parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Receipt will be deemed made as follows: notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated on receipt or rejection. Page 5 of 13 ! • If to Capistrano: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attn: City Manager With a Copy to: Woodruff Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, California 92626 Attn: Omar Sandoval If to Dana Point:City of Dana Point 33282 Golden Lantern Dana Point, California 92629 Attn: City Clerk With a Copy to: Patrick Munoz Dana Point City Attorney Rutan& Tucker, LLP 611 Anton Blvd., Suite 1400 Costa Mesa, CA 92626 2.7.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 2.7.7 Singular and Plural. As used herein, the singular of any word includes the plural. 2.7.8 Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 2.7.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 2.7.10 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. Page 6 of 13 0 0 2.7.11 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. 2.7.12 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. 2.7.13 Further Actions and Instruments. Each of the parties shall cooperate and provide reasonable assistance to the other as allowed by applicable laws, rules, and regulations, and to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, and as allowed by applicable laws, rules, and regulations, the other party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record such required instruments and writing and take any action as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 2.7.14 Recordation. Capistrano shall cause this Agreement to be recorded with the Orange County Recorder's Office within 60 days of the last signature required by this Agreement. 2.7.15 Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of both parties specifically approving the amendment. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. [SIGNATURES ON FOLLOWING PAGE] Page 7 of 13 IN WITNESS WHEREOF, the parties hereto have executed this Pre-annexation Agreement on the day and year first set forth above. THE CITY OF DANA POINT, a California muip rpor n By: '<0wwV1 U otkevys, ity anager Attest: APPROVED AS TO LEGAL FORM: *y?M ard, City Clerk % Q A. Patric Munoz, City Attorney THE CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By: Joe Soto, Mayor Attest: APPROVED AS TO LEGAL FORM: Margaret R. Monahan, City Clerk Omar Sandoval, City Attorney Page 8 of 13 e }) r" i r ' 4' r a I IL Age i i+l.,' ia�fF �ow x. , 711► .Ar mwm ,e l .� 49 o B O O O O O � O ® � O 05 . t w , ® o o^ H . . . . . . . . . . a P at �5l - ie � e eee � � eeeeeeeeee � e ��� C Ca11e Jardin a® e Community Park 0 l 2 REORGANIZATION No.RO 08-01 3 DETACHMENT FROM THE CITY OF DANA POINT AND ANNEXATION TO THE CITY OF SAN 4 JUAN CAPISTRANO 5 6 BEGINNING AT AN ANGLE POINT IN THE EXISTING BOUNDARY LINE OF THE CITY OF SAN 7 JUAN CAPISTRANO AS ESTABLISHED BY"SOUTHSIDE ANNEXATION(AMENDED)",SAID ANGLE 8 POINT BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING 9 AND DISTANCE OF "NORTH 11036'44" EAST 103.39 FEET" PER SAID "SOUTHSIDE ANNEXATION 10 (AMENDED)", SAID ANGLE POINT BEING ON THE COMMON BOUNDARY LINE BETWEEN THE 1 Il CITIES OF DANA POINT AND SAN JUAN CAPISTRANO; THENCE ALONG SAID EXISTING _ 12 COMMON BOUNDARY LINE THE FOLLOWING COURSES: — l3 SOUTH 65015'39"EAST 5.89 FEET, 14 NORTH 24°44'21"EAST 633.97 FEET, 15 NORTH 65015'39"WEST 153.69 FEET; 16 THENCE LEAVING SAID EXISTING COMMON BOUNDARY LINE SOUTH 11036'44" WEST 650.97 17 FEET TO THE POINT OF BEGINNING. 18 19 CONTAINING 1.161 ACRES,MORE OR LESS. 20 21 AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART 22 HEREOF. ppp 23 �{ �{ 24 DATED THIS 30 DAY OF M6 2008. 25 ND 26 26 27 EXP. 12/31/05 28 SEL 29 . .5347,EXP. 12/31/ 'r� (S 534 30 OF CAUE�� II I` M:W.ppmgg 10 1U.cW puWMG-NO-RO-W.x Page 1 of 2 A,il 1.2 w i I THIS PROPOSAL DOES MEET THE APPROVAL OF 2 THE ORANGE COUNTY SURVEYOR'S OFFICE. 3 4 5 COUNTY SURVEYOR 6 7 DATED THIS DAY OF 2008. 8 9 10 11 PER:JON HORNECKER,DEPUTY COUNTY SURVEYOR 12 L.S.7212,MY LICENSE EXPIRES 3-31-2010 _ M W.Llginy1 100Ul'A..n,io RF. MN..Rf/•OB.Aoc Page 2 0f 2 AMY 1.2 M r ,25. ,21. ,l,. r Ow ?� J W SSTs. �W �Q a 145. e cU U N6515'3VW 5.89' N1116WE 103.39' 12r 12r N aTo � NFAII�` Iqy 200' 0' 100' zoo' 400' 0HIVF GRAPHIC SCAEE. i" = 200' I EGEND, ElG51N0 GONION BOUNDARY LIME BETKEN lIE 01E5 6 DANA POW AND SNI NIDI CAMMANO. rA[A OF AL AMZA710N ♦ BD IES Ea1ND 0." HORIMWX CONTROL STAMM IHS 006U[NT DOES MFEI DE'APPROVAL X SM,S.SIA�Z 714 a KE DOW"SWWYOTs C OF N,PON NAs PREPARED er NE ae CT.oER Wr DDEcncw ��pp camtt aA+lcwa DA7ED IMS DAY ta< ✓//.1/E .Ma . LARD AIM IHS_DAY a' ,2008. J'yg Lr �5g OF.12/J1/W LS ]212 MY UCENSE EWRES O3/3140 �? [S 5HT�pS,T a SHEET 1 OF 1 "It€- FUS�QE REORGANIZATION No. RO 08— Ile.. DETACHMENT FROM THE CITY,OF DANA POINT AND ANNEXATION TO THE CITY OF SAN JUAN CAPISVANO .w.....<�...v,s...,..i. .w n.axe PROPERTY DETAIL REPORT 25742 ALIPAZ ST, SAN JUAN CAPISTRANO CA 92675- Owner Information: Owner Name: CITY OF SAN JUAN CAPISTRANO Mailing Address: 32400 PASEO ADELANTO,SAN JUAN CAPISTRANO CA 92675-3603 Phone Number: Vesting Codes: / Location Information: Legal Description: N TR 5657 LOT 149 County FIPS: 6059 APN: 66821121 Census Tract/Block: Thomas Bros.Map#: A4-972 Legal Book/Page: 668-211 Tract#: Legal Lot: 149 Legal Block: Township-Range-Sect: - Last Market Sale Information: Recording Date: 0 211 311 97 6 Sale Price: Document Number: 0116471792 Lender: Property Characteristics: Living Area: Building Area: Basement Area: Total Rooms: Bedrooms SathiF/Hi: / #of Stories: Stories Type Units#: Pool Type: Roof Cover: Roof Framing: Year Built/Eff: / Site Information: Zoning: Acres: 0.386 Lot Area: 16800 County Use: Land Use: 600 Neighborhood Park District Tax Information: Assessed Value: $27,438 Property Tax: Tax Year: 2006 Land Value: $27,438 Homestead Exemption: Improvement Value: CITY OF DANA POINT PUBLIC WORKS—ENGINEERING SERVICES 33282 Golden Lantern, Suite 212 Dana Point, Ca 92629 949.248.3575 (www.danapoint.org) January 23, 2008 Kyle Butterwick Community Development City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 SUBJECT: CALLE JARDIN COMMUNITY PARK COURTESY REVIEW FROM THE ENGINEERING DEPARTMENT Kyle: Per your request, this memorandum is being provided in response to the informal submission of the Calle Jardin Community Park proposed by the City of San Juan Capistrano. Our comments are as follows: GENERAL COMMENTS: 1. Address City access from the City of San Juan Capistrano as part of the agreement currently being negotiated. If that is not included in the agreement, then a separate access easement should be processed. 2. The main sidewalk shall be a minimum of 8 foot in width and be constructed per the attached detail included as Attachment 'A'. 3. The proposed lights should match the City of Dana Point fixtures currently being installed in other portions of Creekside Park. The City has included the submittal for those fixtures which provide the manufacturer and model number of the fixtures (Attachment 'B'). 4. Remove two trees as shown on the attached redline plan so the planned security lights can light other portions of the park. 5. Evaluate proposed decomposed granite paths with the Parks and Recreation Division due to maintenance concerns. Consider stabilizer utilized by the City of San Clemente on Calle Hermosa if decomposed granite is installed. 6. Driveway to be constructed per APWA Standards. If you have general questions or comments, please let us know. Sincerely, Matthew Sinacori, P.E. City Engineer EXHIBIT E January 16, 2008 Page 2 of 6 Attachment A: Sidewalk Detail 2 n ,m s o 4 LFA © GONCREIE PAVNW, SWIPE TO OMAN PER GIVIL 150*0W FLAK b R♦aAA AT W Ob.EAON PLAY GEMOI D N OLAE POR VbIKtLAR PA~ONLY OEE OPCCVV.A.TON POR AODITIO%AL NlONM7TOK ® PI WON ORAOE O ""'ACTED O{MRAIA OR'NOTE 7 © V4'TOOLED RA %I& H23M 0 C40WRAGTOR TO"WIVE 9'X T SAMPLE OF C4X-OK AND P"SH TYPE TO OIT'POR 01C~AW APPROVAL OI AGLOROANCe NTN THE MEOUIN?OIT NOTA)W M fPlLOY.ATIOIIO. ® TTTE V camew,9900 Pp REINT3pr4m G4NLRE7E MOO-&0250 MR WINVOOOK © SLOPE All.GONGR /UYALlO A MMPLH OF A.9%PIW IKbO NOIm ORHW%OW ® TE WIPER W RIO/E9 OF T!AOORADE O7 ALL AM00 P*SW NLL FMCVE GONCAEIE PLAT MM Ww"BE Md ff OOIORIONIp TO AT LEAST M ABOVE OPTIK N F40NMPW OOMEW Alp C4* A I9 70 AT LEAST"O%RELATIVE OOMTAGTON PRIOR TO PLA"W OOWWM GONIRAGTOR 11414L L AWWWAIE ICMR'K,ATON OF IPRR IhOIOIE! TO AGGOMq.NH T!R IOUPW OIAMAOE Mpb G47Rmr 2 GONGRETE PAviN6 5C.ALE, V - I'-0Y r� LENOIO. January 16, 2008 Page 3 of 6 Attachment B: Light Fixture Information CREEKSIDE PARK Vdbw is b be 240 wk(Wr) 'color for pole,arm end kmhsb*Is to be Federal Green '100 wak,metal Made AN exposed Wddare pointed to me0cb r January 16, 2008 Page 4 of 6 EK )DE P ALRRAl10N VASE 9Y A v¢rAG(MAS f) !r/AAId rt• O Mr dT R gllygS-M�ppllO) -MhMFglq 011wMfM b• O MA!)diet Ng4pq Mq NT Id!(l! O YAh: Tr4 MIWa rppM 14M-t-! IOpM!li.0 wm FYCII OI'UII IIM lIT/1tG !I[lIL MMIY[ alb MIMi MY k4 1QT1YC MP' a/a i! YMYR Y41YL T40!011flr !�'F�,�yAZ YR.Yb ur nglK lIrBMC Q'R IGi 1Q4 rAW.. dy MLKi IM4 rYfALW� IF # FrbFRAL NLLAfT lrlMA: wear vovin¢ NTreO qaR Yil0idaL4 >•.Wl0.1 4Reci moos oMge u q-T-r mMnin wMMr MWT Y�M�[�YYK >MII� Wqf�rf/OdFlT OIDI .tlltlT tllQll aal�'�tltlK-lNJd. awel. SJM i!a-qAp xaTgt caw: aim ro4 rqa! naMa .a!ia=: d M•nrT! raA un: Mt ogU w y m W0IMYillY�4yq�y�Yl�e6 r�N1l 1pgp M/►i qqR qS M l CM rA 4 lo ! MrCe4cr gaxrr. !-r//!. rggr e41! q/!'.ar q PT owvwf) r.�Y aver.uMq�Ii earaat IN)T•rt aan qr a U aA•.pl C4aL IV Ur T POLE ;55.x•."" � L I «ra' Ma61A1{ I..wA CC EYfOSE'D HAAD4.u0)CE 1(IN6 �Utq[ TM B6 PA/NTED ro a.c I'vl A TC N wntnT tqa aw4Aw'�i-a n%s)ba ri T` January 16, 00: Page . of 6 z 0 ause • 32400 PASEO ADELANTO �, F� � � � MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 /i IL'L,�' SAM ALLEVATO (949)493-1171 mH"oAA1N THOMAS W.HRIBAR (949)493-1053 FAx IslusueH )B81 MARK NIELSEN www sanjuancapi.rtrano.org 1776 JOE solo DR.LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, August 5, 2008 in the City Council Chamber in City Hall, to consider: "Consideration of Pre- Annexation Agreement between the City of Dana Point and the City of San Juan Capistrano Regarding Boundary Adjustment Involving Assessor's Parcel No. 121- 240-36 (Orange County Flood Control District Parcel L01-1413.7) City Council Priority No. 8a" — Item No. D9. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, August 4, 2008 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Douglas D. Dumhart, Economic Development Manager. You may contact that staff member at (949) 443-6316 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk�saniva ncapistra no.orgncapistra no.org. Meg Monahan, MMC City Clerk cc: Kyle Butterwick, City of Dana Point; Yehudi Gaffen, Gafcon, Inc; Warren Watkins, Owner of C.V.M.E.; Tom Gronewald, President of the C.V.M.E. H.O.A.; Douglas D. Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future Printed on 100%recycled paper