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09-0129_LOAR, STEPHEN A. & MARY B./STINSON, HELEN M._AgreementI When ,recorded, returnSy 'Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Ar - EXEMPT C9 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 5 PBsi 12 P M MAR 15 1977 L YYYUE CARLYM Coma Recorder it Bt 12 104P 1785 DOCUMENTARY TRANSFER TAX -NO TAX DUE L Mary Ann nover, City Clerk San Jua Capistrano, California - - - - - - - - - - - - - - - - - - - - - - - - - DL - -76-12 - - - -(Loar - - - - -/Stinson - - -) - - - - - AGREEMENT RELATING TO THE POSTPONEMENT OF REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS THIS AGREEMENT is made this 2nd day of March , 1977 by and between the City of San Juan Capistrano, hereinafter called "CITY" and Dean C. and Helen M. Stinson and Stephen A. and Mary G. Loar, hereinafter called "OWNER". WITNESSETH: WHEREAS, OWNER is the owner of certain property in the City of San Juan Capistrano, described as follows: That portion of the Lands of Forster, in the City of San Juan Capistrano, County of Orange, State of California as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County Recorder of said County, described as follows: Parcel 10, as shown on a record of survey map filed in Book 49, Page 24 of Record of Surveys, in the office of the county recorder of said County. Said property is also known as Assessor's Parcel # 124-110-56. WHEREAS, as a condition of approval of a Parcel Map (DL 76-12,) OWNER is required to enter into an agreement to participate in an improvement district for the construction of full public street im- provements for a public road; and WHEREAS, the aforesaid improvements will specifically benefit OWNER'S property and OWNER acknowledges and agrees that the obligation herein should run with the land; and WHEREAS, CITY may require the construction of public improvements and the OWNER or his heirs, assessors, or assigns will be at that time required to participate in the costs. NOW, THEREFORE, in consideration of the approval by CITY of Parcel Map DL 76-12, OWNER covenants and agrees to participate in an improvement district for the construction of full public street. OWNER further agrees that no protest shall be made to any proceedings pursuant to the formation of said assessment district for the construction of said public streets. STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) Bt 12104pc 17as I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, do hereby certify that the attached instrument was duly approved and accepted at a Re ular Meetinof the City Council of the City of San Juan Capistrano field 011Z� 7� 197 _� c 7 A1ary An'"Hann er, Ci-ty Clerk Dated:�����/ _ City o San Juan Capistrano st12I04PC1737 The foregoing obligation shall, in addition, be a burden upon, and be binding upon, and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. ATTEST: CITY OF SAN JUAN CAPISTRANO By City Cl ' Mayor —� 0'4'4-� � • � Dean ' OWNER � Helen M. Stinson APPROVED AS TO FORM: J—'ityAttorrey / STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On 4, lq7q before me, a Notary Public in and for said Coukity and StI to ersona ly appeared Dean C. and Helen M. Stinson known to me to be t e person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that they executed the same. 490TK1Ip4ny hang and official seal. R. C. NEWBROUGH 0 NOTARY PUBLIC CALIFORNIA = PRINCIPAL OFFICE IN ? ORANGE COUNTY My Commission Expires Jan. 29, 1980 p County of Orange ss On/9% before me, a Notary Public in and for said Coun and St e 'plearsonally appeared Stephen A. and Mary G. Loar known to me to be th person(s) whose dame(s) is/are subscribed to the within instrument and acknowledged to me that they executed the same. WITNESS my hand and wnnnnunnnunnmwnuumnunuunnnrinnninnoinuunrrruunnnnumnII.InI r� OFFICIAL SEAL 9 R. C. NEWBROUGH i NOTARY PUBLIC CALIFORNIA E PR%NCI—AL OFFICE IN 0!W,'7E IOUNTY =' p( My Commission Expires Jan. 29, 1980 11Mmwuwmmmnnxwunmnnuriurnuurunninnunnnnnwnuu i�fficial seal. 0 Recorded at the request of, *and return to: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano] CA 92675 37941 EY.EIilPT • sX 12C?F� (J::6 C2 ,� DOCUMENTARY TRANSFER TAX - NO TAX DUE f CORDING ED 12 AMERICAN ETITLETCO. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -1144 AM MAR 2 8 1977 1. WYLIE CARLYLE, County Recorder TO WHOM IT MAY CONCERN: MARY ANOVER, City Clerk San Ju Capistrano, California Project No.: DL 76-12 (Loar/Stinson) March 1, 1977 I, WILLIAM D. MURPHY, RCE #17629, do hereby certify that, in accordance with Section 66411.1 of the Subdivision Map Act, the improvements required by the City of San Juan Capistrano on the Parcel Map for Division of Land 76-12 (Loar/Stinson) are as stated in Resolution No. PC 76-10-12-6 attached hereto as Exhibit ,A,,. City of San Juan �Capistrano %� 1^' / J . JG WILLIAM D. MURPHY RCE #17629 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On March 2, 1977, BEFORE ME, the undersigned, a Notary Public in and for said County and State, personally appeared William D. Murphy RCX known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal this 2nd day of March . 1977. Notary Public 1 2 3 4 b -6 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 82 I CONFORMAkopY TENTATIVE PARCEL MAP DL 76-12 (LOAR/STINSON) RESOLUTION NO. PC 76-10-12-6 A RESOLUTION OF THE PLANNING CO*IISSION OF THE CITY OF SAN JUAN CAPISTRINO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL 6L1P DL 76-12 (LOAR/STINSON). WHEREAS: 1. The applicants, Stephen Lear and Dean Stinson, 2775 Mesa Verde East, Costa Mesa, California, have submitted Tentative Parcel Map DL 76-12 to the City of San Juan Capistrano, California, proposing to subdivide 1.5 * acres into 3 residential lots; 2. The City's Environmental Review Board has reviewed the subject tenta- tive parcel map, has determined that it will not have a significant impact on the environment, and has otherwise carried out all requirements of the Calif- ornia Environmental Quality Act for the project; 3. A Public Hearing has been duly advertised and held to review and receive public testimony on the application. THEREFORE, BE IT RESOLVED, that based on the following findings: 1. The proposed tentative parcel map and its design and improvements are consistent with the Low Density Residential designation on the General Plan Map and is otherwise consistent with all other Elements of the General Plan. 2. The proposed tentative parcel map conforms to all requirements of j the City's Land Use Management Code and is consistent with the requirements of the ES (Small Estate) District. 3. The project site is physically suitable for the type and density of the proposed development. 4. The design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements avoid- ably injure fish or wildlife or their habitat. S. The design or improvements of the proposed project will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed project.. the Planning Commission does hereby approve Tentative Parcel Map DL 76-12 subject to the following conditions: 1. The provisions of Ordinance #294 (Home Warranty Ordinance) shall apply to any person, firm, or corporation selling or offering for sale three or more dwelling' units, not previously occupied for residential purposes, within the City during any twelve month period. 2. The Parks and Recreation requirement of Chapter 4, Land Use Managemen Code, shall be satisfied by a payment of in -lieu fees. This fee shall be paid prior to approval of a final parcel map for recordation. 3. No antennas shall be installed on or above any roof or other exterior elevations. This requirement shall be incorporated into deed restrictions on each lot or other covenants which run with the land. A copy of these restric-, tions shall be tiled with the City prior to approval of a final map. 4. Equestrian access shall be provided for all parcels in accordance wit Section 4.1.6, Land llse ktanagement Code. This cq uestrian cis cmacnt chill he a minimum 10 feet in width and shall be irrcrocahly offered to the City without further consideration. Design and alignment shall be appreced by the Director of Planning prior to approval of a final parcel map. �1� Resolution No. PC 76-10-12-6 (Loar/Stinson) -2- 1 S. Building setbacks shall be measured from the edge of the private 2 road easement. $ 6. Inasmuch as access to the property is presently by private mad, the property owners shall enter into an agreement to form an assessment district 9 and participate in the construction of public improvements at such time as required by the City Council. The applicant shall be required to construct a 6 private road to the satisfaction of the City Engineer from the termination of Palle Road to the property. The applicant shall further enter into an agree- s ment approved by the City requiring that the private road shall be constructed prior to any construction commencing on the property. 7 7. The sanitary sewer system shall be private provided it meets all of 8 - the criteria outlined in Section 4.1.11 H of the LLMC. 9 B. The developer shall be required to conform to the Master Plan of Drainage for the San Juan Capistrano - Capistrano Beach area. 10 a. The property is located within the LO1 drainage fee assessment area. Fees shall be paid in accordance with the current fee 11 schedule. 12 b. There are no proposed master drains to be constructed on this property. 13 9. Water distribution system and appurtenances shall meet the approval 14 of the County Fire Warden. 15 10. A comprehensive soils engineering investigation report showing evidenc of a safe and stable development shall be submitted with the grading plans. The 16 recommendation by the soils engineer shall be incorporated into the grading plar design prior to grading permit approval. 17 a. The soils engineer shall certify to the' surficial and gross stability of the site prior to issuance of any building permits.'. 18 b. Seismicity and the probability of seismic effects upon the site and the proposed development shall be included in any soils 19 engineering or engineering geologic investigation report and recommendations shall be incorporated into the grading plan by 20 the Design Civil Engineer. C. Building pad areas sho%m on the tentative parcel map shall not 21 be cons idored approved building locations. Each lot buyer will be required to submit individual grading plans in accordance witl' 22 Ordinance #293 to the Environmental Review Board prior to release to Orange County Grading Division. The grading plan shall be 23 designed by a licensed Civil Engineer who shall be required to supervise the grading and drainage during construction. Certifi- `Li cation by the Civil Engineer that the site conditions at the rough grade stage are as per the approved plans and permit shall 25 ' be required prior to issuance of building permits. 26 11. All existing and proposed utilities shall he installed underground at the sole expense of the developer. 27 12. The requirement for domestic water will be coordinated with, and 28 approved by, the Orange County Water Works District 94. 29 13. All fees shall be paid in accordance with applicable regulations. S9 31 82 I I 1 2 a 4 b 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 20 26' 271 28 29 30 31 82 r HIPI 200 1939 Resolution No. PC 76-10-12-6 (Loar/Stinson) -3- . BE IT FURTHER RESOLVED, that action on this tentative parcel map Shall not become effective until final review by the City Council or until expiration of thirty (30) days from the Planning 'omission action, whichever event first occurs. The City Council may confirm, modify, or reverse Planning Counission action. Approval of Tentative Parcel Nap OL 76-12 shall he effective upon the date of final City Council action and shall remain valid for a period of twelve months unless extended in accordance with provisions of the Land Use Management Code. PASSED, APPROVED, AND ADOPTED, this twelfth day of October, 1976, by the following vote, to wit: AYES: Davies, Schwarfze, Taylor NOES: None ABSENT: Riley, Shainman /s/ PHILLIP R. SCHWARTZE PHIILL(/LL,IP R. SCUWARTZE, CRAIRAVN THOMAS G. MERRL�L, S 0