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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 -1- 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 I L�MiTs ovEw�E r- 7' n A Y N y �L LOCA r/0 Y fy41-in CITY OF SAN JUAN CAPISTRANO DEPARTMENT OF PUBLIC W ORKS MkEeMRW 'r-02 posTPONEMENT Or- 'WTt)RE RJ P.�LIG 1"p¢-OvEME WTS 8EA2. k31ZAND ZQNGW I -r9ACT 10090 I I TfZ'Ap r -1112 CITY OF 5AN ,;UAW CM5TKAMO Eul113IT °B11 Arszc"emrt,ii ;zf-LA-rt�46 -m -% Post Poi%re AAENT"- oP �Fx;zk)kt¢eAAENTS To IfJ=TkU. ' bfi't IG IMM'Ou EME NT-x, -t�AGt' Ioo90-�rri-c� pcVt2cr-�IcN'r Aea - 1913