1982-0302_MEREDITH CANYON HOMEOWNERS ASSOCIATION_AgreementRecording Requested by
82-077972
Re ording
Fees exempt due to
and when recorded return to:
�ernment Code Section 6103
City Clerk's Office
City of San Juan Capistrano
32400 Paseo AdelantoRECEI
��XEMFT
Mary Ann
over, City Clerk
San Juan Capistrano, CA 92675
C 2
City of
n Juan Capistrano, CA
AGRE� AR TIT NPERRAL OF DRAINAGE
MAWPOAMW
Mn'�p/� FEECJT91(�FARCEL MAP 81-854
v' V' AND THE MEN JAgf GN HOMEOWNERS0F SAN JUAN ASSOCIATION
WHEREAS, The Meredith Canyon Homeowners Association
has submitted Parcel Map 81-854 for City Council approval;
and
WHEREAS, The Meredith Canyon Homeowners Association
is required to pay drainage fees totaling $8,051 for Parcel
Map 81-854; and
WHEREAS, The City of San Juan Capistrano has agreed to
defer the drainage fees for the aforesaid parcel map; and
WHEREAS, The Meredith Canyon Homeowners Association has
entered into escrow for the sale of Parcel B of Parcel Map
81-854.
NOW, THEREFORE, The City of San Juan Capistrano and the
Meredith Canyon Homeowners Association agree as follows:
1) The drainage fee for Parcel Map 81-854 is due and
payable from the Meredith Canyon Homeowners Association
within 30 days of the close of escrow for Parcel Map
81-854 or
2) In the event escrow has not closed on the sale of
Parcel B within 18 months after approval of this
agreement the Meredith Canyon Homeowners Association
shall pay to the City of San Juan Capistrano the
drainage fees for Parcel Map 81-854 totaling $8,051.
This agreement shall be binding upon and inure to the benefit
of the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties have executed this agreement
as of this 2nd day of March , 1982.
ATTEST:
1 tip/LO/�
MARY ANN ANOVER, CITY CLERK
ME WN�CIATION
APPROVED AS TO FORM: DONALD LY
ppONS,
OES S. OKAZAKI, WY ATTORNEY
STATE OF V11FORNIA SL 82-077972 •-�
COUIITY OF Orange
OFFICIAL SEAL
MARY ANN HANOVER
5 m f10 NOTARY PUBLIC - C,AUFORNIA
ORANGE COUNTY
My comm. expires APR 20, 1984
ON 19^
before me, the undersigned, a Rotary Public in and for the said State, personally appeared
Phillip R. Schwartze knerAill to me to be the
Manor KMYRF-and known to me
Ube the —Secreta y of
the Cnrpnralinn 11131 executed the yrilllir Instillment, l.no in to me to be the prisons who
executed the within Insliument, un tchrlf of tilt Cnpotatlug hercie. named, and zekno.vled cd
to me that such Corporation executed the LTitlaG Instrument pursuant to its by lasts or a
Tesotution of its board of dueclois.
TAMS 5 my hand and official scat.
,�w� rave w aw aw aaw aaase.
.... .f.�i...�,_. .�.. ... .. .. / _ J..3• ... ..�.�� ... _
RCENRaItIPItMINt—xNa.-1'Na. i SK.—aaakNM FaM 2Efr���Raa. 74+sxaaira�
STAIE OF =1 1`0CNIA ) 1^
Cotifi y OF Orange )1[ IJffI
OFFICIAL SEAL
.,;\\ RUTH E MARQUARD
m v'. '•I
No
PUBLIC CALIFORj
.w✓ ` ORANGE COUNTY
My Comm. expires MAY 23, .. AGIrinullnGNTNi-[i:ip.—.frea. L Sec—wolcolti loin 226 -Par. 361
I-
14
STATE OF CALIFORNIA
before in.-, the undersigned, a Notary Public in and for the said Slate, pci=*lly appeared I,
Mary Ann• HanwPr _ knot.a to me to be the
President, and known lit me
to be the XAM City Clerk
Munici al
th .nrpmatinn fn3t executed the wtlun Instrument, knmsr to me, to be the prrsoas aho
executed the within Instrument, cn behalf of tilt C0;p3l3tlen herein named, and ac4 oericd!;ed
to me that sucil Corporation executed the wiIiin l.Tstiument pursuant to its bylaws or a
resolution of its board of dacctors.
WITNESS my hand and official scat. I'
for
COUNTY OOrange I aa'
F On March 1. 1982 , before me, the undersigned, a Notary Public in 'SlId"1or•--•"—
said State, personally appeared—
Donald Lyons
known to me to be the person whose name_. is --
subscribed to the within instrument and acknowledged to me
that he __ executed the a.me.
WITNESS my hand and official
Ruth E. Marquard
Name (Typed or Printed)
OFFTOAL SEAL
RUTH E MARQUARD
m ; NOTARY PUBLIC _ CALIFON"
ORANGE COUNTY
My comm, expires MAY 23, 1984
(This area for olrci.1 nobdal ..al)
3. AGREEMENT FOR THE DEFERRAL OF DRAINAGE FEES FOR
(38) 'Written Communications:
Report dated March 2, 1982, from the Director of Public
Works forwarding an Agreement between the City and Meredith
Canyon Homeowners Association for the deferral of drainage
fees for Parcel Map 81-854.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the Agreement as
submitted and to authorize the Mayor and City Clerk to sign
the document on behalf of the City.
OSE p
i
-422 PM MAR 5'82 4
AGENDA ITEM
March 2, 1982
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Approval of Agreement for the Deferral of Drainage
fees, Parcel Map 81-854 (Meredith Canyon)
0"INVOCON]
At their meeting of September 16, 1982, the City Council considered
and approved a request from the Meredith Canyon Homeowners
Association for the deferral of $8,051 in required drainage fees.
Staff has composed the attached agreement which provides for this
deferral. This agreement shall be in effect until the close of
escrow for the sale of Parcel (B) of Parcel Map 81-854 or a period
of 18 months if the sale of Parcel (B) is not completed.
FINANCIAL CONSIDERATIONS
Approval of the subject agreement will defer drainage fees in the
amount of $8,051 for a maximum period of 18 months.
ALTERNATE ACTIONS
1. Approve the agreement for the deferral of drainage fees for
Parcel Map 81-854.
2. Do not approve the agreement for the deferral of drainage fees
for Parcel Map 81-854.
3. Request further information from Staff.
RECOMMENDATION
By motion, approve the agreement for the deferral of drainage fees
for Parcel Map 81-854. Authorize the Mayor and City Clerk to
execute the agreement and direct the City Clerk to record the
document.
Respectfully submitted,
I,) � ^lure A,I
WDM:CMB/nep
CS
FOR CITY COUNCIL AGENDA ...... ...
rI
AGENDA ITEM
February 16, 1982
TO: Stephen B. Julian, City Manager
0
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Request for Waiver of Drainage Fees, Parcel
Map 81-854 (Meredith Canyon Community Association)
SITUATION
This office has received a request from the Meredith Canyon
Community Association (see attached) to waive the payment of
drainage fees totaling $8,051 for the subject parcel map within
Drainage Are L01S02. The parcel map under which this fee is
established, is the result of an agreement between the Meredith
Canyon Community Association and Longbar Grinding, Inc. (the
original developer of Tract 9784).
The parcel map is necessary to secure the transfer of a portion of
the open space land between the parties concerned. The drainage
fee is established by City Ordinance and is due and payable prior
to the approval of any development plan (in this instance the
parcel map). It is, therefore, the policy and practice of this
office not to recommend the waiver of the fee.
Although not stated in the letter from the Meredith Canyon Community
Association, the request for waiver of the drainage fee is
apparently due to the financial impact the payment of the fee
will have on the Homeowners Association.
An alternative to the payment of the drainage fee at this time
would be for the City and the Meredith Canyon Community Association
to enter into an agreement for the payment of the drainage fee
at a time certain after the close of escrow between the Homeowners
Association and Longbar Grinding, Inc. An agreement of this type
would insure payment of the required fee and provide the Homeowners
Association with time to accumulate the necessary monies.
FINANCIAL CONSIDERATIONS
1. Payment of the fee for Drainage Area L01S02 is incorporated
into the Master Plan of Drainage for San Juan Capistrano.
2. Waiver of the drainage fee could ultimately create a funding
shortage in the total drainage fee due to be collected for
Drainage Area L01S02.
FOR CITY COUNCIL AGENDA.4... T
Request for Waiver of Drainage
Fees., Parcel Map 81-854 (Meredith
Canyon Community Association)
February 16, 1982
Page 2
ALTERNATE ACTIONS
1. Approve the request for waiver of drainage fees for Parcel
Map 81-854.
2. Do not approve the request for waiver of drainage fees for
Parcel Map 81-854.
3. Refer the item to Staff for development of an agreement between
the City and the Meredith Canyon Community Association for
the short term deferral of the drainage fee.
4. Request further information from Staff.
RECOMMENDATION
By motion, respectfully deny the request for waiver of drainage
fees for Parcel Map 81-854 and direct that the fees be collected
in accordance with adopted City Ordinance.
Respectfully submitted,
U.N'67 ,'
W. D. Murphy
WDM:CMB/nep 11
Attachment
MEREDITH CANYON COMMUNITY ASSOCIATION
SRN JUAN CAPISTRANO, CA. 92675
February 28, 1982
RESOLVED this date the following:
1. President, Donald R. Lyons, and Secretary, Carol
Frazier, are authorized to execute Parcel Map
No. 81-854, and documents related thereto, for
the purpose of securing approval of said map
and for subsequent recordation of same.
2. President, Donald R. Lyons, is empowered and
authorized to bind this Association by agreement
with the City of San Juan Capistrano for payment
of drainage fees due in connection with the filing
of said map. Said agreement to provide, in part,
for the deferral in payment of said obligation
acknowledged by this association.
ASSOCIATIONt
R.
CAROL FRAZIER, Secretary
BOB MIXo dJc7,p rector
f�Gl� l/�'CJ�l/1 _;�lllGj7 ` Q�lll�G`�J,ll/IZd
Tom;
SAN JJGAPISTRANO' CA LIFO R.
\' NONE 487+117
March 5, 1982
Mr. Don Lyons, President
Meredith Canyon Homeowners Association
27001 Via La Mirada
San Juan Capistrano, California 92675
A
92673
Re: Deferral of Drainage Fees/Parcel Map 81-854
Dear Mr. Lyons:
At their meeting of March 2, 1982, the City Council
took the following actions:
1. Approved the Agreement for the deferral of
payment of the required drainage fees in
the amount of $8,051.00. A fully -executed
copy of the Agreement is enclosed for your
files; the original has been forwarded to
the County of Orange for Recording;
2. Approved Parcel Map 81-854 with the determination
that the map is consistent with the General
Plan and in substantial compliance with the
previously approved Tentative Map.
If you need any further information, please let us
know.
Very truly yours�L'�� _
MARY ANN J OVER, CMC
City Clerk
MAH/na
Enclosure
cc: Director of Public Works
0
,MY REDITH CANYON COMMUNITY ASSOCIATION
SAN JUAN CAPISTRANO, CA. 92675
February 28, 1982
RESOLVED this date the following,
1. President, Donald R. Lyons, and Secretary, Carol
Frazier, are authorized to execute Parcel Map
No. 81-854, and documents related thereto, for
the purpose of securing approval of said map
and for sebsequent recordation of same.
2, President, Donald R. Lyons, is empowered and
authorized to bind this Association by agreement
with the City of San Juan Capistrano for payment
of drainage fees due in connection with the filing
of said map. Said agreement to provide, in part,
for the deferral in payment of said obligation
acknowledged by this association.
MTh'—C �N COMMUNITY ASSOCIATION,
DONALD R.
C Gr/1�G��li
CAROL FRAZIER, Secretary
BOB MAV4 AJcerector
E' Ae wP
r-- s
0
fYIEREDITH CANYON COMMUNITY ASSOCIATION
SRN JURN CRPISTRRNO, CR. 92675
February 28, 1982
FIRST AMERICAN TITLE INSURANCE CORPORATION
ATTN: Escrow Division, Santa Ana, Calfornia
REt Sale Escrow; Meredith Cyn. Assoc. - Longbar Grinding Co.
Gentlemen:
From proceeds due the undersigned at the close of the above
referenced escrow you are hereby authorized and instructed
to deduct the sum of $8,051.00 to be paid to the City of
San Juan Capistfano, 32400 Paseo Adelanto, San Juan Capistrano,
CA. 92675, ATTN: Mr. Wm. Murphy, as payment in full of
drainage fees due and payable in connection with the filing
of Parcel Map 81-854.
THIS IS AN IRREVOCABLE ORDER AND ASSIGNMENT OF FUNDS.
MMUNITY ASSOCIATION,
DONALD R. L S, t?sident
CAROL FRAZIER, SecreCary
0
'` 400 PASlOi AO Bl AnTO -
'1<1
SAN J AN CAAPIISTRANO; CALLFORRfNI 92673
Yr10N E' 49751 1 7
February 22, 1982
Mr. Don Lyons, President
Meredith Canyon Community Association
27001 Via La Mirada
San Juan Capistrano, Calif. 92675
Re: Request for Waiver of Drainage Fees -
Parcel Map 81-854
Dear Mr. Lyons:
At their meeting of -December 16, 1982, the City Council
considered the Association's request for waiver of the payment
of drainage fees in the amount of $8,051 in conjunction with
Parcel Map 81-854.
The Council took unanimous action in respectfully denying
your request. Staff was directed to prepare an Agreement between
the City and the Association for payment of the drainage fees at
the close of your escrow with Longbar Grinding Inc. The Agreement
will be submitted for City Council review with submittal of the
parcel map.
We will send you a copy of the agenda and staff report
prior to the Council meeting.
Very truly yours,
MARY ANN OVER, CMC
City Clerk
MAH/na
cc: Director of Public Works
0 0
MEREDITH CANYON COMMUNITY RSSTION
SRN JUAN CAPISTRANO, CA. 92675 tRega
Fg 4 116 PO "8Z
GITY OF
$1►W JUAN
February 2, 1982
Mr. George M. Lohnes, Jr.
City Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Dear Mr. Lohnes:
Reference is made to your letter of January 15, 1982 concerning drainage
fees necessary for the completion of processing on Parcel Map 81-854.
As we discussed by phone this morning, I would appreciate time to appear
before the Council in order to appeal and seek relief from said payments.
Please contact me concerning the date and time this item is agendized.
Very truly yours,
F
H CAN UNITYASSOCIATION
R. ONS SIDENT
DRL:mcm
cc: Meredith Canyon Community Association