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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