1977-0817_MILLER CONSTRUCTION, B.H._Agreementa 9 . SK 13401 PG 1 265
EXE,'d PT
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RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO
AND RETURN TO: GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto Mary Ananover, City Clerk
San Juan Capistrano, CA 92675 City o San Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the agreement between the City of San
Juan Capistrano, California, and B. H. Miller Construction Company,
90 Brookhollow Drive, Santa Ana, California, 92705, subdivider of
division of land 77-4 requires the subdivider to complete the fol-
lowing work to wit:
CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH
DIVISION OF LAND 77-4 IN THE CITY OF SAN JUAN CAPISTRANO
That said work was completed by said subdivider according to plans
and specifications and to the satisfaction of the City Engineer of
the City of San Juan Capistrano, and that said work was accepted
by the City Council of the City of San Juan Capistrano, at a
regular meeting thereof held on the 7th day of November , 1979,
by Resolution No. 79-11-7-1
That upon said agreement the United Pacific Insurance Company
was surety for bonds given by the said subdivider.
Dated at San Juan Capistrano, California, this 8th day of November ,
1979.
Mary Ann nover, City Clerk of
the City f San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, the duly appointed and qualified City Clerk
of the City Council of the City of San Juan Capistrano, California,
do hereby certify under penalty of perjury that the foregoing NOTICE
OF COMPLETION is true and correct, and that said NOTICE OF COMPLE-
TION was duly and regularly ordered to be recorded in the Office of
the Orange County Recorder by said City Council.
Dated at San Juan Capistrano this
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
30 P.,'in2 P.M. NOV 19 1979
LLE. A. I, County Recorder
8th day of November , 1979.
Mary n anove City Clerk of
the Ci of San Juan Capistrano
Recording requested 0 and 45872 8K 12354p61835
When recorded, return to:
City of San Juan Capistrano
Office of the City ClerkEXEMPT UMENTARY TRANSFER TAX -NO TAX DUE
32400 Paseo Adelanto C 4
San Juan Capistrano, Calif.
92675
Mary Ann hover, City Clerk
San Juan rapistrano, California
Division of Land 77
AGREEMENT RELATING TO THE MAINTENANCE (Miller/Phelps
OF LANDSCAPING, INCLUDING IRRIGATION Business Park)
FACILITIES, WITHIN PUBLIC RIGHT-OF-WAY
ss 7 `/
THIS AGREEMENT is made this 17th day of August. 1977
by and between the City of San Juan Capistrano, hereinafter called
"CITY" and B. H. MILLER CONSTRUCTION COMPANY, a corporation hereinafter
called "OWNER".
W I T N E S S E T H:
WHEREAS, Developer desires to develop a business park within the
City of San Juan Capistrano, and has, in conjunction therewith, applied
for approval of a division of land (DL 77-4); and
WHEREAS, a properly landscaped public parkway adjacent to said
development will specifically benefit the aforesaid land; and
WHEREAS, as a condition of approval of DL 77-4 (Miller/Phelps
Business Park), OWNER is required to landscape the parkway, plant trees
therein and to enter into an agreement for the continued care and main-
tenance thereof.
NOW, THEREFORE, in consideration of the benefits accruing to
developers property and as a condition of approval by CITY of DL 77-4
(Miller/Phelps Business Park), OWNER covenants and agrees, at its sole
cost and expense, to provide the care and maintenance of the trees and
landscaping upon the parkway adjacent to its development in accordance
with the maintenance standards set by the City from time to time for
landscaped parkways. The benefits of the landscaped parkway, together
with the attendant obligations, shall inure to the benefit of and be
binding upon the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the date first written above.
ATTEST:
t
Mary Ann. hover,
City C k
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
15 Min P M AUG 261977
pwi
J. WYLIE CARLYLE, Carty Recorder
W APPROVED AS TO FORM:
James O azaki, City At
. rney
CITY OF SAN JUAN CAPISTRANO
By
Yvon O. Heckscher, Mayor
B. H. MILLER CONSTRU CO.
ee W. Phelps, Executive
Vice President
TO 4,49 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF (:D9 SS.
On
State, persona y a;
known to me to be
6K 12354P61836
undersigned, a Notary Public in and for said
President, and
known to me to be Secretary of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and��.
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board Offlgilt SM
of directors. Mrn 1. WAL
WITNESS my hand and official seal.La It
SignatureS�/ � —7 Y 1b
Patti J. Prall
Name (Typed or Printed)
(Tait tt99 M olllolel n9tW91 .1)
RESOLUTION NO. 79-11-7-1
C�
COMPLETION OF PUBLIC IMPROVEMENTS - DIVISION OF LAND 77-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC
IMPROVEMENTS - DIVISION OF LAND 77-4
WHEREAS, the City of San Juan Capistrano has entered
into an agreement with B. H. Miller Construction Company for the
construction of public improvements in Division of Land 77-4; and,
WHEREAS, the Director of Public Works has evaluated the
final quantities and cost figures and recommends approval.
NOW, THEREFORE, the City Council of the City of
San Juan Capistrano does resolve as follows:
SECTION 1. That the work required to be performed by
said subdivider has been completed.
SECTION 2. That the work is hereby accepted and
approved.
SECTION 3. It is further ordered that a "Notice of
Completion' b� a recorded, on behalf of the City, in the office of
the County Recorder of the County of Orange within ten (10) days
of the date of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of
November 1 1979 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ATTEST:
KENNETH E. FRI SS, MAYOR
R
CITY CLEF
STATE OF CALIFORNIA )
• COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
i, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 79-11-7-1 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 7th day of
November , 1979
( SEAL) 22L�6G�,K
MARY N. OVER, CITY CLERK
-1-
AGENDA ITEM November 7, 1979
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Acceptance of Public Improvements and Release of Bonds -
B. H. Miller Construction Co. (Camino Capistrano)
SITUATION
The developer of the subject project has requested that the City accept
the public improvements and release the surety. The public improvements
have been completed and accepted by the City Inspector. The City is
requesting a Notice of Completion to be filed with the County Recorder.
The surety devices for this development are:
Surety
Amount
Number
Company
Purpose
Bond
$ 1,800
U94-34-57
United Pacific Inc.
Monumentation =S
Bond
$161,000
U94-34-55
Labor & Materials
Bond $161,000 U94-34-54 Performance ('4 '°
/Y yo
FINANCIAL CONSIDERATIONS
There is no cost or compensation to the City for this action.
ALTERNATE ACTIONS
1. Accept the public improvements resulting from Division of Land
77-4, require a Notice of Completion to be filed, require an exten-
sion of the Faithful Performance surety for public improvements to
November 7, 1980, and exonerate the Labor and Material and
Monumentation sureties.
2. Do not accept the public improvements for Division of Land 77-4.
3. Request further information from staff.
FOR CITY COUNCIL. AGENDA .... ... .
T4
0
James S. Mocalis, City Manager -2- November 7, 1979
Acceptance of Public Improvements
B. H. Miller
RECOMMENDATION
By resolution, determine that the work resulting from Division of Land
77-4 has been completed and declare the work to be accepted; direct
that within ten (10) days from the date of acceptance, a Notice of
Completion be filed with the County of Orange Recorder.
By motion, require an extension of the Faithful Performance surety for
public improvements to November 7 , 1980; direct staff to exonerate the
Labor and Material surety and the Monumentation surety upon expiration
of thirty five (35) days from the filing of the Notice of Completion.
Authorize staff to release the Faithful Performance surety on
November 7, 1980.
Respectfully submitted,
b 0-*W. A`urp
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CITY COUNCIL GUIDELINES FOR
PARCEL AND FINAL MAP REVIEWS
This guideline is intended to provide the City Council with information
to assist in reviewing Parcel and Final Maps. The specific items
enumerated herein are required by the Subdivision Map Act and the Land
Use Management Code.
A. Council shall make the following determination in approving a
Parcel Map or Final Map:
1. The Final Map or Parcel Map is consistent with the General Plan.
2. The Final Map or Parcel Map is in substantial compliance with
the approved Tentative Map or Tentative Parcel Map.
B. Council shall deny a Parcel Map or Final Map if it does.not conform
to any of the following:
1. The proposed map is consistent with the General Plan.
2. The design or improvement of the proposed subdivision is con-
sistent with the General Plan.
3. The site is physically suitable for the type of development.
4. The site is physically suitable for the proposed density of
development.
5. The design of the subdivision or the proposed improvements are
not likely to cause substantial environmental damage nor sub-
stantially and avoidably injure fish or wildlife or their
habitat.
6. The design of the subdivision or the type of improvements is
not likely to cause serious public health problems.
7. The design of the subdivision or the type of improvements will
not conflict with easements, acquired by the public at large,
for access through or use of, property within the proposed
subdivision.
* * * * * * * * * *
32400 PASEO AOELANTO'
SAN JUAN CAPISTRANO. CALIFORNIA 92675
PHONE 4931171
November 21, 1979
B. H. Miller Construction
Company
90 Brookhollow Drive
Santa Ana, California 92705
Re: Completion of Public Improvements -
Division of Land 77-4
Gentlemen:
Enclosed is a copy of Resolution No. 79-11-7-1, which
was adopted by the City Council at their meeting -of November 7,
1979. The Resolution accepts the work completed for Division
of Land 77-4.
Upon 35 days following recordation of the Notice of
Completion, the Monumentation Bond and Labor and Materials bond
may be released. The Notice was recorded on November 19th;
therefore, the bonds may be released on December 24, 1979. The
Faithful Performance bond was extended to November 7, 1980, at
which time staff is authorized to implement release.
Very truly yours,
7
(MRS) MARY ANN HANOVER
City Clerk
MAH/cj
Enclosure
cc: Director of Public Works
Finance