1978-0627_BUTLER DEVELOPMENT_AgreementBr 12734PG 662
Recording Recuestt?d by an hen Recording es Exempt due to
Recorbed Return To: 38®29 Governmet Code Section 6013
CITY OF SAN JUAN CAPISTRANO
Office of the City Clerk
32400 Paseo Adelistranto ierkv _
San Juan Capistrano, CA 92675 EXEr;IPTMary nn anove ity erc
C 2 San Jua" Capistrano, California
RECORDED IN OFFICIAL RECORDS AGREEMENT RELATING TO THE
.l_)S^PCNEMENT OF REQUIREMENT TO
OF ORANGE COUNTY, CALIFORNIAf NSTALL PUBLIC IMPROVEMENTS
45 post 1 P M JUN 27 rasr TRACT 10090
LEE A. BRANCH, County Recorder --- - - G'�
n
}� i'
THIS AGREEMENT is made as of this gatf4 day of
1972, by and between the CITY OF SAN JUAN CAPISTRANO, heyeinafter
called "City", and BUTLER DEVELOPMENT COMPANY, INC., and LAURA WILEY
HARTLEY, hereinafter called "Developers."
W I T N E S S E T H:
WHEREAS, Developers are the owners of a certain parcel of real
property located in the City of San Juan Capistrano, County of Orange,
State of California, described as:
flei.ng a portion of Lots 2 and 9 of Tract 318
as shown on a map recorded in Book 14, Page 39,
Miscellaneous Maps, Records of Orange County,
California, and a portion of the southwest quarter
of Section 1 in Township 8 South, Range 8 West,
:,'BB&M, according to the official plat of said
land filed in the District Land Office.
WHEREAS, Developers are the owners of and desire to divide
said real property locates in the City of San Juan Capistrano, into
eight (8) parcels substantially in accordance with the tentative
tract map attached hereto as Exhibit "A"; and
WHEREAS, City customarily requires that Developers install
certain public improvements, including public streets, curbs,
gutters, and the undergrounding of utilities as a condition to the
approval of any division of land; and
WHEREAS, City and Developers acknowledge that such improve-
ments are not necessary until such time as neighboring Bear .Brand
Ranch is developed for residential purposes; and
WHEREAS, Developers agree that the aforesaid improvements
will benefit the land herein described and acknowledging their
obligation to make the improvements, desire to postpone them until
such time as the Bear Brand Ranch shall commence any development.
NOW, THEREFORE, in consideration of the premises, and as a
material condition of the City's approval of Tract No. 10090, City
and developers agree as follows:
1. City agrees that certain future improvements required
as Condition #2 in the conditions of approval of Tract No.
10090, attached hereto and made a part hereof, shall be
postponed until such time as the residential land lying
northwesterly of Developer's property as shown and depicted
on Exhibit "B" is approved for development at which time said
imprcvc:ieats r..ay be required at the option of the City Council;
all conveyances of Developers' land or any part thereof shall
contain specific language relating to the obligation to make
public improvements at the time Bear Brand Ranch is approved
for development. A copy of all such documents of conveyance
shall be approved by the City Attorney prior to execution. The
aforesaid improvements are separate from the public improvements
referred to in condition #1 of the conditions of approval and as
shown on the improvement plans and required to be constructed as
part of this tract.
BM.12734N 663
AGREEMENT RELATING 11) THE
OF REQUIREMENT TO INSTALL P173LIC ?1:i.riiGvlaih V'1'
TRACT 10090
Page 2
2. Owners further acknowledge that the aforesaid
public improvements are a material part of Tract No. 10090,
and benefit the land, and the obligations relating thereto
should run with the land herein d(;scribed.
3. Owners, for and on behalf of themselves,
their heirs, successors and assigns further agree that
they will participate in any improvement district that
may be initiated for the purpose of installing the afore-
said public improvements or any part thereot, and that
neither they, nor their ;ieirs, successors or assigns,
will object to the formation of such an assessment dis-
trict,. so long as said improvement district encompasses;
all land owners in the applicable area of benefit.
IN WITNESS WIIEREOF, the parties hereto have executed
this contract on the date first written above.
ATTEST:
Mary Ann//Hanover, City Clerk
APPROVED AS TO FORM:
/Ifame's S. Okazaki, Ci Attorney
4 '/
k
CITY OF SAN JUAN CAPISTRANO
By
KENNETH E. FRIESS, MAYOR
DEVELOPERS
BY ' 4e4� M
Laura Wiley Hart)ky
Butler Dev. Co., Inc.
17871 Santiago Blvd.
Villa Park, California
Richard H. Luders
State of t
SS.
County of I I) O1 SI
OFFICIAL SEAL
�• -,` ;I 47RERT F. PACE
u NOTARY pVBLIC CALIFCR NIA
.Y ORANGE COUNTY
My comm. expires JUL 21, 1981
ROBERT E. PACE
NOTARY
31f31 CAiINO CaPISTRANO
SAN jU.A!`i C,APt3TRANO, CA 92675
GENERAL ACNNOWLEOCEMENT FORM
R, 12734P6 664
On this the —L;L!2! day of C i ltJ 19, before me,
the undersigned Notary Public, personally appeared
LAU2A �JOI>_sL �A2T t7—
known to me to be the person* whose nameEa) N S subscribed
to the within instrument and acknowledged that —�
executed the same for the purposes therein contained.
N WITNESS WHEREOF, I hereunto set my hand and official seal.
STATE OF CALIFORNIA
COUNTY , -OF Orange SS.
q
in OnZlL-���a� / 7� before me,
the dersigned, a Notary Public in and for said County and State,
personally appeared RICHARD H. LUDERS
known to me to be the
VICE- President, and
known to me to be
Secretary of the corporation that executed the
within Instrument, and acknowledged to me that such corporation
executed the within instrument pursuant to its by-laws or a resolu-
tion of its board of directors.
aSignature
GINA TAYLOR
Name (Typed or Printed)
1-118 Notary Public in and for said County and State
OFFICIAL SEAL
GINA T6,Yi OR
MEN OTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires JUN 28, 1981
OFFICIAL SEAL
m NOTARY PUBLIC • CALIFORNIA
ORANGE CJUNTY
My comm. exPiros JUN 28, 1981
(This area for official notarial seal)
I.-
• RESOLUTION NO. 78-1-4- • BP. 12734N 865
TENTATIVE TRACT 10090 (BUTLER)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT 10090 (BUTLER DEVELOPMENT
COMPANY, INC.)
WHEREAS, the applicant, Butler Development Co., Inc.,
17871 Santiago Boulevard, Villa Park, California,'has submitted
Tentative Tract 10090, a proposal to subdivide 8.65 acres into 8
parcels (two of which have .87 acre, the remaining being in
excess of 1 acre); and,
WHEREAS, the City's Environmental Review Board has .
reviewed the subject tentative tract map, has determined that the
project may have a significant impact on the environment, has
determined that a previous EIR (Crumrine division of land) is
adequate in analyzing the environmental effects of the project,
and :ias otherwise carried out all requirements of the California
Environmental Quality Act for the project; and,
WHEREAS, the City's Planning Commission, after holding
a public hearing on the subject tentative map, has forwarded it
to the City Council recommending approval; and,
WHEREAS, the City's Planning Commission, after holding
a public hearing, adopted Resolution PC 77-11-22-1, approving
Zone Variance 77-22 (Butler); and,
WHEREAS, the City Council of the City of San Juan
Capistrano finds and determines as follows:
1. The proposed tentative tract map and its design .
and improvements are consistent with the 1.1 Very
Low Density Residential designation of the General
Plan and is otherwise consistent with all other
elements of the General Plan.
.The proposed tentative tract map, as conditioned,
conforms to all requirements of the City's Land
Use Me.nagement Code, is consistent with the
requirements of the EL (Large Estate) District,,
and conforms to the requirements of ZV 77-22.
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
avoidably injure fish or wildlife or their habitat.
5. The design and 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.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve Tentative
Tract 10090, subject to the following conditions:
1. The subdivider shall construct a full section of
the commuter street between Aguacate and the
easterly tract boundary plus all of the street
section that lies within the tract boundary.
Improvements shall consist of two 12 -foot travel
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0e�BK 127346 666
lanes and two 9 -foot improv houlders. Design
of these improvements shall be approved by the .
City Engineer. -
2. The applicant shall enter into an agreement to
participate in an assessment district for the
future improvements of the General Plan commuter
road (Crumrine).
3. Vehicular access rights along the commuter road
shall be released and relinquished to the city of
San Juan Capistrano except at street intersections.
4. A hydrology study along the future "Crumrine"
commuter road shall be prepared to determine if a
storm drain facility is necessary. Any easements
required to convey said drainage across the
property shall be dedicated to the City.
5. Sewer service shall be by the City of San Juan
Capistrano. The developer shall install all
required sewer lines and make appropriate connectiuns
to existing facilities in compliance with regulations
for sanitary sewer services as administered by the
Director of Public Works.
6. Sewer connection fees shall be paid in accordance
.. with applicable regulations prior to approval of
i the final map.
i
7. The project shall conform to the Master Plan of
Drainage for San Juan Capistrano. The property is
located in the L02 drainage fee assessment area.
Required drainage fees shall be paid prior to the
approval of the final map.
&. Equestrian access shall be provided for all lots
in accordance with Section 4.1.6 of the Land Use
Management Code. Equestrian easements shall be
irrevocably offered to the City, design and
alignment of which shall he reviewed by the
+ Equestrian Commission. Recommendations concerning
said access shall be forwarded from the Commission
.. + to the City Council prior to final map approval.
9. Domestic water shall be furnished by the Orange
i County Waterworks District No. 4 in accordance
_ with their policies and procedures.
10. All existing and proposed utilities shall be
installed in accordance with the existing
underground policy.
11. Prior to recordation of the final -map, water
improvement plans shall be approved by the Fire
Warden for fire protection and financial security
shall be posted for the installation. The adequacy
and reliability of water system design, location
of valves, and distribution of fire hydrants will
be evaluated in accordance with Insurance Services
Office suggested standards contained in the "Grading
Schedule for Municipal Fire Protection".
-2-
0
0
BK 12734N 667
12.
Grading plans for each lot
shall be reviewed
and
approved by the Director
of Community
Planning and
Development prior to the
issuance of building
permits.
13.
Any existing cesspools or
septic tanks
associated
with the existing dwelling
unit shall
be emptied
of sewage and filled with
material in
compliance
with the.Uniform Plumbing
Code.
14. Lot No. 5 and the proposed cul-de-sac therein
shall be shown on the final map such that all
required building setbacks are maintained according
to the EL (Large Estate) regulations of Ordinance
No. 293.
(15� All applicable park and recreation fees shall be
-� paid prior to approval of the final tract map.
PASSED,.APPROVED AND ADOPTED this 4th day of
January , 1978, by the following vote, towit.
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
WON 0. HECKSCHER, MAYOR
ATTEST:
CITYCLERK.-
STATE OF CALIFORNIA ) ,
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO F -
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. 78-1-4-1 , adopted by C
the City Council of the City of San Juan apistrano, California,
at a regular meeting thereof held on the 4th day of
January , 1978.
(SEAL)
MARY ANN HANOVER, CITY CLERK
-3-
BK 12734PG 868
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