1978-0315_DAON CORP/ FREDRICKS DEVELOPMENT/ LIVICHI, JOHN_AgreementACS: 10/24/77
10/25/77
10/28/77
A G R E E M E N T
This Agreement entered into on the 15th day of
March , 1978 by and between the CITY OF SAN
JUAN CAPISTRANO, a municipal corporation (hereinafter re-
ferred to as "City"), DAON CORPORATION, a Delaware corporation,
(hereinafter referred to as "Optionee"), JOHN LIVICICH and
NICK CORCOVELLOS, being all the joint ventures in LIVICICH-
WONG INVESTMENT, a joint venture (hereinafter as "Owners"),
MISSION HILLS RANCH, INC., a California corporation (hereinaf-
ter referred to as "MHR") and FREDRICKS DEVELOPMENT CORPORATION,
a California corporation (hereinafter referred to as "Fredricks").
W I T N E S S E
WHEREAS, MHR is the owner of approximately 157 acres
within the City, said acreage is identified as Tentative Tract
No. 6381 (Hereinafter Tract 6381); and
WHEREAS, Fredricks and MHR have entered into an agree-
ment for the sale of Tract 6381 by MHR to Fredricks; and
WHEREAS, Optionee holds an option to buy from Owners
that certain real property in City more particularly described
on Exhibit A, attached hereto and incorporated herein by this
reference; (hereinafter Tract No. 10103); and
WHEREAS, City has agreed to accept conveyance of a
public street easement across Tract No. 10103 and connecting
Tract No. 6381 with Rancho Viejo Road at such time as said
street easement is improved; and
WHEREAS, Owners are willing to convey said street
easement on condition that the certain costs of improvements
thereon are borne by others;
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NOW, THEREFORE, in consideration of their mutual
covenants and conditions, the parties hereto agree as follows:
1. Optionee and Owners, within sixty (60) days from
the date of the execution of this Agreement, shall deliver the
following to the City subject to performance by Fredricks of
its obligations under paragraph 2:
a) An irrevocable offer to dedicate to City
an easement for public street purposes substantially
along the alignment set forth on Exhibit B, attached
hereto and by this reference made a part hereof.
b) Such binders of title insurance, or title
guarantees, as are acceptable to City without cost
to Optionee or Owner.
2. City upon receipt of the irrevocable offer to
dedicate said public street easement shall cause said offer to
be recorded.
3. Within sixty (60) days from the date of execution
of this Agreement; Fredricks shall cause to be determined, at
its sole expense, the precise alignment, design and legal
description of the subject public street easement. Said easement
alignment, design and legal description shall be determined
in accordance with good engineering and development practices
and shall be substantially along the alignment for the public
street easement set forth in Exhibit B. Thereafter, Fredricks
shall deliver to Optionee, Owners, and City a copy of the legal
description, design and of any engineering maps and diagrams
setting forth said alignment and, Optionee, Owners and City shall
have ten (10) days from receipt of such documents to approve
or disapprove the alignment, design and legal description.
Notice of disapproval shall be given in writing to Fredricks with-
in said ten (10) day period, and shall specify, with particularity,
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all reasons for such disapproval, failure to disapprove within
ten (10) days shall be deemed approval. In the event of any
disapproval of the said alignment, design or legal description
Fredricks shall use its best efforts to modify the alignment,
design or legal description so as to make it acceptable to the
disapproving party. Notwithstanding the foregoing, it is
expressly understood and agreed that the general alignment of
the easement set forth on Exhibit B is acceptable to all parties
hereto.
4. After approval of the alignment, design and legal
and Owners
description Optionee/shall within ten (10) days deliver a fully
executed grant of easement to City and City shall cause the
easement to be recorded immediately. Fredricks at its expense
(except for any contributions to be made by MHR as hereafter
set forth), shall be entitled to and not later than when
Optionee has completed its rough grading on Tract No. 10103
shall cause said street easement to be improved and completed
throughout its entire length as a public street in accordance
with City standards and the cross-section for such improvement
as set forth on Exhibit B hereof, as follows:
a) The portion of the public road easement
outlined in green on Exhibit B shall be constructed
as a commuter street in conformity with the "Typi-
cal Section" for a commuter street as set forth
on Exhibit B. Said commuter street shall have
a 60 foot right of way, with two 20 foot wide
travel lanes, with curbs and gutters on both
sides, and with a sidewalk on one side.
b) The portion of the public road easement
not outlined in green on Exhibit B shall be con-
structed as a local rural street, in conformity
with the "Typical Section" for a local rural street
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as set forth on Exhibit B. Said local rural street
shall be constructed to include two twelve -foot -
wide travel lanes with eight -foot paved shoulder
on either side and a drainage device in the next
five feet, both sides. The remaining five feet
shall have a four -foot walkway (2 -inch thick asphalt
concrete) on one side. There shall be no equestrian
trail within the right-of-way.
c) Fredricks shall have no obligation for
the payment for, or the construction or installa-
tion of, storm drains, other than the minimum
required to protect the road, water lines, sewer
lines, street lighting, or any underground utilities
within said public road easement. However,
Fredricks agrees to give at least 8 weeks prior
written notice to Optionee and Owners of the date
on which Fredricks shall commence the fine grading
for the easement; and, during said eight (8) week
period, Optionee or Owners may install or construct
such underground utilities, sewers, or storm drains
within the easement as they deem appropriate as
long as such work does not unreasonably interfere
with Fredricks' access for construction traffic to
its property. Optionee and Owners shall, upon the
completion of any work they perform or cause to be
performed within the easement, leave the roadway
in the same or better condition as when said work
was commenced.
5. MHR as a contribution to the cost of construction
of said street improvements shall pay Fredricks the amount of
Twenty Thousand Dollars ($20,000) at such time as Fredricks
commences grading of the roadway for the street easement.
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6. Upon the completion of the construction of the
improvements as a public street, City shall accept the same as
the primary access to Tract 6381 in accordance with the Judgment
entered in that certain case in the Superior Court for the
County of Orange, State of California, and entitled "Mission Hills
Ranch, Inc., Plaintiff vs. City of San Juan Capistrano, et al."
being Case No. 249324. The City shall thereafter maintain said
street.
7. Any notice required to be given under this Agreement
shall be given in writing and shall be deemed given on the date
it is actually received, whether delivered personally to the ad-
dressee or mailed by United States mail prepaid thereon, return
receipt requested and addressed as follows:
To Owners:
Phillip B. Wagner
141 N. Arrowhead, Suite 4
San Bernardino, CA 92408
f
To Optionee:
Daon Corporation
1400 Quail Street
Newport Beach, CA 92680
Attn: Richard Putman
To City:
City Manager
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To Fredricks Development Corporation
18 Brookhollow Drive
Santa Ana, CA 92705
Attn: Wade Cable
To Mission Hills Ranch, Inc.
C/O Burke, Williams & Sorensen
707 Wilshire Boulevard, Suite 3300
Los Angeles, CA 90017
Attn: Royal M. Sorensen, Esq.
cc: Justus C. Gilfillan
813 Emerald Bay
Laguna Beach, CA 92651
-5-
8. Fredricks shall complete constriction of the
road improvements as specified herein before Optionee or
Owners, or any of their successors and assigns, record a final
subdivision map covering all or substantially all of Tract
10103. Fredricks obligations hereunder are expressly condi-
tioned on Fredricks closing escrow for the purchase of Tract
6381; however, the time for Fredricks' performance of its
obligations under paragraph 4 shall not be exetended or other-
wise excused because of delays in Fredricks' development of
Tract 6381.
9. Other than under paragraphs 1 and 3 hereof
Optionees' obligations shall be conditioned upon Optionee
becoming the owner of record of the property described in
Exhibit "A". Other than under paragraphs 1 and 3 hereof
Fredricks obligation shall be conditioned upon its becoming
the Owner of record of tract 6381.
10. Optionee shall have the first right of refusal
on any excavation material from the construction of the road
along Exhibit "B" to the extent such material is not required
for the purposes of constructing said road.
11. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all
of which shall constitute one and the same instrument.
12. This Agreement shall be binding on, and shall
be enforceable by, the successors and assigns of the parties
hereto.
ATTEST:
CITY OF SAN JUAN CAPISTRANO
I
KENNETH E. FRIESS, MAYOR
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I
KENNETH E. FRIESS, MAYOR
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APPROVED AS TO FORM:
IES S. OKAZAK2, CI ATTORNEY
MISSION HILLS RANCH, INC.
BY
Wade Cable, Vice Presi ent
FREDRICKS DEVELOPMENT CORPORATION
BY z k
-7-
JOHN LIVICICH
NICK CORCOVELLOS
MISSION HILLS RANCH, INC.
BY
Gf \
FREDRICKS DEVELOPMENT CORPORATION
!3!
APPROVED AS TO FORM:
JAMES S. OKAZAKI, ITY ATTORNEY
-7-
Order No. 437407
PARCE� I:
That portion of Section 25, Township 7 South, Range 8 West,
San Bernardino Meridian, according to an official plat of
said land filed in the district land office in the city of
San Juan Capistrano, described as follows:
Beginning at 3/4" pipe, South 790 51' East 23.40 feet from a
4 by 4 post in the Southeasterly line of Lot 3 of Tract 112
as shown on a map thereof recorded in book 11 page 12 of
Miscellaneous Maps, records of said Orange County, said post
being 25.00 feet North 25° 15' East from the angle point in
the Southeasterly line of said Lot 3, and running from said
point of beginning South 790 51' East 128.40 feet; thence
North 800 01115" East 410.60 feet; thence North 88° 42' 15"
East 300.60 feet; thence South 27° 36' West 353 feet; thence
South 360 54' 45" West 487.90 feet; thence South 88° 22' 45"
West 239.82 feet; thence North 530 28' 45" West 190.00 feet;
thence South 840 10' 45" West 20.20 feet; thence North 10
13' East 410.75 feet; thence North 120 21' East 125.85 feet
to the point of beginning. Said land is included within the
area shown on a map filed in book 73 page 25 of Record of
surveys in the office of the county recorder of said county.
PARCEL II:
Commencing at a point in the Southeasterly line of Lot 3 of
Tract No. 112, as shown on a map recorded in book 11, page
12 of Miscellaneous Maps, records of Orange County, California,
which said point is distant Northeasterly along said Southeasterly
line of Lot 3, 520.64 feet from the angle point in the
Southeasterly line of said Lot 3 from which said angle point
a 4" x 4" stake marked 25.00 on the East face bears North
25° 15' East 25.00 feet and running thence from said point
of commencement North 25° 15' East along the Southeasterly
line of Lots 2 and 3 of said Tract No. 112, 390.16 feet to
an angle point in*the Southeasterly line of said Lot 2;
thence North 890 57' East 272.10 feet to an angle point in
the said Southeasterly line of said Lot 2; said angle point
being the True Point of Beginning of the land herein described;
thence from said True Point of Beginning North 13° 01' East
176.79 -feet to a point; thence leaving said Southeasterly
line of said Lot 2, South 610 28' 30" East 271.21 feet.to a
point; thence North 83° 11' 30" East 137.46 feet to a point;
thence South 20 51' 00" West 450.85 feet to a point; thence
South 416 25' 15" West 453.79 feet to a point; thence North
86° 19' 00" West 264.40 feet to a point; thence North 191
02'00" West 203.34 feet to a point on the Westerly Right of
Way line of the 100.00 foot strip of land conveyed to the
Orange County Flood Control District by deed recorded August
27, 1937 in book 898, page 576 of Official Records of said
Orange County, said point being on a curve concave Southeasterly
EXHIBIT "A"
'14$ (G.S.)'; r \
and having a radius of 350.00 feet, a radial line to the
center of said curve bears South 40° 43' 56" East; thence
Northeasterly along the arc of said curve through a central
angle of 18° 33' 56" a distance of 113.41 feet to the beginning
of a tangent reverse curve, concave Northwesterly and having
a radius of 147.11 feet; thence in a Northeasterly direction
along the arc of"said curve through a central angle of 35°
37' 05", a distance of 91.45 feet; thence leaving said
Westerly Right of Way line North 490 43' 16" East 94.20
feet to a point on the Centerline of said Right of Way;
thence North 50 06' 00" East along said Centerline 41.40
feet to the beginning of a tangent curve concave Westerly
and having a radius of 1200.00 feet; thence in a Northerly
direction along the arc of said curve, through a central
angle of 11° 08' 00" a distance of 233.18 feet; thence
leaving said Centerline North 00 35' 28" West 70.68 feet to
the True Point of Beginning.
PARCEL III:
Those portions of Sections 25 and 36 in Township 7 South,
Range 8 West of San Bernardino meridian, and of Sections 30
and 31 in Township 7 South, Range 7 West, of San Bernardino
meridian, in the city of San Juan Capistrano, county of
Orange, state of California, as said sections are shown on
Official Plats of said Townships filed May 19, 1878, and
April 12, 1875, respectively, in the District Land Office,
described as follows:
Beginning at the intersection of the Southwesterly line of
the land conveyed to Oscar Rosenbaum by a deed recorded in
book 265 page 69 of Deeds, with the northeasterly line of
the land described in a deed to the State of California,
recorded.May 17, 1957 in book 3911 page 232, Official Records,
said intersection being the southeasterly terminus of that
certain course cited in last said deed as South 201 42' 55"
East 129.76 feet, thence North 210 27' 34" West 88.41 feet
along said course to the intersection of a line parallel
with and northeasterly 60.00 feet from the said southwesterly
line of Rosenbaum, said intersection being the true point of
beginning; thence along the said northeasterly line of the
said land of the State of California North 210 27' 34" West
41.35 feet, North 250 27' 37" West 318.15 feet and North 310
O1' 44" West 425.62 feet to a point on a nontangent curve
concave southwesterly having a radius of 3200.00 feet a
radial to said point bears North 530 08' 09" East; thence
northwesterly 638.23 feet along said curve through a central
angle of 11 25' 39" to the intersection of the center line
of the 100.00 foot wide channel easement granted to the
Orange County Flood Control District by a deed recorded
August 27, 1937 in book 898, page 576, Official Records,
being a point on that certain curve in said center line
described in said deed as concave southeasterly and having a
radius of 350.00 feet, a radial to said curve at said
intersection bears North 610 38' 06" West; thence leaving
said northeasterly line along said centerline; northeasterly
158.69 feet along said curve through a central angle of 25°
58' 42" to the beginning of a reverse curve concave northwesterly
having a radius of 186.32 feet; thence northeasterly 204.40
feet along said curve through a central angle of 62° 47' 30"
to the beginning of a compound curve concave southwesterly
having a radius of 449.20 feet; thence northerly 194.40 feet
along said curve through a central angle of 24° 48' 00"
thence North 330 14' 54" West 176.78 feet to the beginning
of a curve concave easterly having a radius of 125.00 feet;
thence northwesterly, norhterly and northeasterly 255.47
feet along said curve through a central angle of 1171 06'
00" thence North 830 51' 06" East 217.96 feet to the beginning
of a curve concave northwesterly haveing a radius of 250.00
feet; thence northeasterly 240.05 feet along said curve
through a central angle of 551 01' 00", thence North 280 50'
06" East 138.36 feet to the beginning of a curve concave
southeasterly having a radius of 300.00 feet; thence northeasterl
84.59 feet along said curve through a central angle of 16°
09' 17", thence leaving said centerline of said centerline
South 191 04' 06" East, 148.38 feet; thence South 86* 21'
06" East 264.40 feet; thence North 410 23' 09" East 453.79
feet; thence North 2° 43' 54" East 450.85 feet; thence South
83' 09' 24" West 137.46 feet; thence North 610 30' 36" West
271.21 feet to the easterly line of Lot 2 of Tract No 112,
as per map recorded in book 11 page 12 of Miscellaneous
Maps, in the office of the County Recorder of said County;
thence North 120 58' 54" East 394.20 feet along said easterly
line of Lot 2 to the East West centerline of said Section 25
thence North 890 49' 14" East 1932.51 feet along said East
West centerline to the southwesterly line of the Rancho
Mission Viejo, as shown on a map filed in book 8 page 43 of
Record of Surveys, in the Office of the County Recorder of
said County; thence South 53° 44' 07" East 1877.23 feet
along said southwesterly line to the westerly line of the
land described in Parcel 1 of a deed to Newport Balboa
Savings and Loan Association, a corporation, recorded
Marchll, 1960 in book 5141 page 95, Official Records; thence
along said westerly line South 70 57' 03" West 999.28 feet;
South;120 12' 12" East 206.74 feet and South 12° 08' 03"
West 423.62 feet .to an angle point in the northerly line of
the land described in Parcel 1 of a deed to P.A. Palmer
Inc., a corporation, recorded March 11, 1960 in book 5141
page 84, Official REcords, thence leaving said westerly line
along said northerly line North 620 35' 02" West 310.00 feet
South 700 30' 16" West 373.99 feet, South 530 18' 36" West
256:90 feet, South 88° 17' 40" West 710.25 feet, South 39°
39' 20" West 655.90 feet and South 540 56' 18" West 499.89
feet to the East line of the northwest quarter of said
Section 36 Township 7 South Range 8 West; thence South 00
36' 08" West, 255.11 feet along said East line to the
intersection of said line parallel with and northeasterly
60.00 feet from the southwesterly line of the said land
conveyed to Oscar Rosenbaum; thence North 660 23' 00" West
1163.14 feet to the true point of beginning.
3.7s IGs.i, •.
f
EXCEPV that portion described as follows:
Beginning at an angle point in the northerly line of said
Parcel 1 of said deed to P.A. Palmer Inc., a corporation,
recorded March 11, 1960 in book 5141, page 84, Official
Records, said angle point being the easterly terminus of
that course thereof cited as North 88° 17' 40" East 710.25
feet; thence North 120 14' 55" West 620.00 feet to the true
point of beginning; thence North 28° 00' 00" East 540.00
feet; thence North 470 37' 38" East 291.56 feet; thence
South 530 44' 07" Est 100.00 feet; thence South 2° 31' 52"
Est 654.67 feet; thence South 360 15' 53 West 310.00 feet;
thence North 530 44' 07" West 490.00 feet to the true point
of beginning.
ALSO EXCEPT the land described in the deed to Mission Hills
Ranch Inc., a California corporation, recorded August 26,
1969 in book 9061 page 417 Official Records.
ALSO EXCEPT that portion thereof described in the deed to
Ethel P. Pease, a widow, recorded March 6, 1940 in book 1035
page 152 Official Records.
ALSO EXCEPT those portions described as Parcel 1 and Parcel
2 on the Parcel Reconveyance recorded January 4, 1966 in
book 7797 page 140, Official Records.
ALSO EXCEPT from all parcels an undivided one-half interest
in the oil, gas, and other hydrocarbon substances below a
depth of 500 feet from the surface of said .land, but without
the right of surface entry, as granted to Merle R. Seymour,
a married man, by deed recorded December 24, 1963 in book
6357 Page 943, Official Records.
ALSO EXCEPT an undivided one-fourth interest in the oil, gas
and other hydrocarbon substances below'a depth of 500 feet
from the surface of said land, but wihtout the right of
surface entry, as granted to Percy W. Rosenbaum in deed
recorded December 24, 1963 in book 6857, page 948, Official
Records.
ALSO EXCEPT an undivided one fourth interest in the oil, gas
and other hydrocarbon substances below a depth of 500 feet
from the surface of said land, but without the right of
surface entry as granted to Bernice F. McAfee, a married
woman, by deed recorded December 24, 1963 in book 6857 page
953 Official Records.
137�Q 50 P LJ f.O'AO: LANTO
SAN Jl7A N'CAPISTRANO, CALIFORNIA 92675
\` `S HONE 49�3?,A. 77f�
March 17, 1978
Royal M. Sorensen
BURKE, WILLIAMS & SORENSEN
Attorneys at Law
707 Wilshire Boulevard, Suite 3300
United California Bank Building
Los Angeles, California 90017
Re: Access Agreement, Tract 6381 (Dann -Fredricks)
Dear Mr. Sorensen:
Enclosed are four copies of the agreement between the
City and Daon Corporation, Livicich-Wong Investment, and Fredricks
Development Corporation. The agreement was approved by the City
Council at their meeting of March 15, 1978, and has been executed
by the Mayor and City Clerk.
Pursuant to our telephone conversation of March 16th,
we are retaining two copies of the agreement, of which one copy
has been signed by Mr. Humphries for Mission Hills Ranch Inc.;
the second copy has been signed by John Livicich, Nick Corcovellos,
and Wade Cable.
Thank you for your cooperation.
Very truly yours,
(MRS) MAR% ANN HANOVER
City Clerk
MAH/cj
Enclosure
cc: Director of Public Works
John Garrett, Esq.
Regan, Drummy, Garrett & King, Inc.
A Professional Corporation
Second Floor, MacArthur Plaza
4299 MacArthur Boulevard
P. 0. Box 8010
Newport Beach, California 92663
Phillip B. Wagner
141 North Arrowhead, Suite 4
San Bernardino, California 92408
Fredricks Development Corporation
18 Brookhollow Drive
Santa Ana, California 92705
Att: Wade Cable
George N. Lohnes
Assistant City Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Re: Access Easement to Tract 6381
San Juan Capistrano
Gentlemen:
Here is the counterpart of the Access Easement Agree-
ment for Tract 6381, San Juan Capistrano, which has been
executed by Mission Hills Ranch.
RMS: eh
Enclosure
Very truly yours,
AIAZf SORE
MARTIN J. BURKE
TELEPHONE
ROYAL M. SORENSEN
1213) 485-0101
DWIGHT A. NEWELL
JAMES T. BRADSHAW, JR.
LAW O F I CES
MARK ALLEN, JR.
BURHE,WILLIAMS & SORENSEJ�
I�1�,IfY
RICHARD R1A
,U
MARTIN L. BURKE
SUITE 3300
HARRY C. WILLIAMS
CARL K. NEWTON
J. ROBERT FLANDRICK
UNITED CALIFORNIA BANK BUItDIN�ri
7 %
1 %J! )
•I 'J'�LI
Q Us12-ls sv)
DENNIS P. BURKE
707 WILSHIRE BOULEVARD L
l l.0
LELAND C. COLLEY
LOS ANGELES, CALIFORNIA 90017
GEORGE W. WAKEFIELD
COLIN LENNARD
_
Oi COU ... L
R. MICHAEL WILKINSON
I'
BRIAN J. SEERY
NEIL F. YEAGER
BRIAN A. PIERFebruary
21, 1978
WILLIAM PAUAULL KANNOW
John Garrett, Esq.
Regan, Drummy, Garrett & King, Inc.
A Professional Corporation
Second Floor, MacArthur Plaza
4299 MacArthur Boulevard
P. 0. Box 8010
Newport Beach, California 92663
Phillip B. Wagner
141 North Arrowhead, Suite 4
San Bernardino, California 92408
Fredricks Development Corporation
18 Brookhollow Drive
Santa Ana, California 92705
Att: Wade Cable
George N. Lohnes
Assistant City Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Re: Access Easement to Tract 6381
San Juan Capistrano
Gentlemen:
Here is the counterpart of the Access Easement Agree-
ment for Tract 6381, San Juan Capistrano, which has been
executed by Mission Hills Ranch.
RMS: eh
Enclosure
Very truly yours,
AIAZf SORE
WADE CABLE
Vice -President
0 0
FREDRICKS DEVELOPMENT CORPORATION
18 BROOKHOLLOW DRIVE • SANTA ANA, CALIFORNIA 92705 • (714) 549-4731
February 21, 1978
Mr. George N. Lohnes
Assistant City Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
RE: Access Easement to Tract 6381
San Juan Capistrano
Dear Mr. Lohnes:
Pursuant to Mr. Sorensen's letter of December 15, 1977,
enclosed please find five copies of the Agreement relative
to the above access road which have been executed by Daon
Corporation, John Livicich, Nick Corcovellos, and Fredricks
Development Corporation. Upon your execution of the enclosed
Agreement, please forward all copies to Mr. Sorensen.
Very truly yours,
FREDRICKS DEVELOPMENT CORPORATION
IAW'A'�i
Wade Cable
Vice President
WC:lsh
Enc.
cc: Royal M. Sorensen
John Livacich
Philip B. Wagner
A SUBSIDIARY OF PACIFIC LIGHTING CORPORATION