1983-0215_HIDDEN MOUNTAIN VENTURE_Subdivision AgreementRECORDED A
AND RETURN
City of San
City Clerk'
32400 Paseo
San Juan Ca
in
THE REQUEST
Juan Capistrano
Department
Adelanto
,istrano, CA 92675
83-078457 0
RECORDING FEES EXEMPT RUE TO RECEIVED
GOVERNMENT CODE SECTION 6103
MAR 7 Al 46 AH'83
ri.r?K
ar o over, Ci y Clerk DEP0 1ML'iT
City of San Juan Capistrano, CRITY r„ -,N
JUAN C„!'ISTFANC
NOTICE OF COMPLETION
NOTICE IS H REBY GIVEN that the agreement between the City of San Juan
Capistrano, California, and Hidden Mountain Venture, 2643 Fourth
Avenue, San Diego, California, 92103, subdivider of Tract
9786, requi es the subdivider to complete the following to wit:
RUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH
TRACT 9786 IN THE CITY OF SAN JUAN CAPISTRANO
That said w rk was completed by said subdivider according to plans and
specificati ns and to the satisfaction of the City Engineer of the
City of San Juan Capistrano, and that said work was accepted by the
City Counci of the City of San Juan Capistrano, at a regular meeting
thereof hel on the 15th day of February 1983, by Resolution
No. 83-2- 5-1
That upon s id agreement the American Insurance Company was
surety for the bonds given by the said subdivider.
Dated at San Juan Capistrano, California, this 16th day of
February 1983
l
Mary Ann n ver, City Clerk of
the Cit of San Juan Capistrano
STATE OF CA IFORNIA )
COUNTY OF 0NGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of
the City Co ncil of the City of San Juan Capistrano, California, do
hereby cert fy under penalty of perjury that the foregoing Notice of
Completion s true and correct, and that said Notice of Completion was
duly and re ularly ordered to be recorded in the Office of the Orange
County Reco der by said City Council.
Dated at Say} Juan Capistrano this
PM FEB 13 '83
A.
16th day of February , 1983 .
Mary Ann
P.Oncrver,
C
ty Clerk of
the City
f
San Juan
Capistrano
SUBDIVISION AGREEMENT
Tract 9786
THIS AG EMENT, made pursuant to the provisions of Division 2
of Title 7 of the Government Code of the State of California, by and
between the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporatio
hereinafter called the "City” and HIDDII; milmAlF, VENTURE, L;Q;
LTD•
whose mailing address is 2643 Fourth Avenue R&�oR�n ru— ---- - S
San Diego, California 92103 OF ORANGE COUNTY, CALIFORNIA
hereinafter
WITNESSETH:
THAT, WH
of the City a
Tract No.
City Council,
the "Subdivider."
30 Min
2 P M JAN 26 1981
LEE A. BRANCH, County Recorder
'REAS, Subdivider has filed with the Planning Commission
tentative map for a proposed subdivision, known as
786 , which has been conditionally approved by the
WHEREAS, Subdivider desires to postpone the public and private
improvements equired as a condition of approval of said tentative map
until a time ubsequent to the acceptance and recordation of the final
map of said s bdivision, by entering into an agreement and providing
the improveme t security required to assure the furnishing and instal-
lation of sai improvements within the time herein provided.
NOW, THE FORE, in consideration of the premises and the approval
of the final ap of said subdivision and the postponement of the time
to install su h improvements, and to satisfy the said condition of
the approval f the said tentative map, the Subdivider hereby undertakes,
promises and igrees as follows:
1. Subdivider will, at his (its) own cost and expense, improve said
tract by doing all work and providing and furnishing all labor, materials
and equipment and making all installations shown on the improvement plans
signed and approved by the City Engineer and specified by the Specifica-
tions of the ity of San Juan Capistrano, which plans and specifications
are on file ii the office of the City Engineer and incorporated herein by
reference, in luding but not limited to, all grading work, paving of all
streets, all e s and public service easements, construction of concrete
curbs, gutter , cross -gutters and sidewalks, installation of storm drainage
and sanitary sewerage facilities, installation of underground conduit
street lighti g system, the installation of all street name signs, and
the supplying and planting of all parkway trees, together with the instal-
lation of all appurtenances, contingencies and the furnishing of all
engineering c sts and services to do and complete said work, and to do
and complete 11 other acts and obligations required by the City as condi-
tion of the a proval of the tentative subdivision. For purposes of this
agreement, th City Engineer shall determine the estimated costs of said
improvements o be used for Surety devices as required herein.
2. Subd vider will, at his (its) own cost and expense, provide and
install all o -site and off-site water mains and appurtenances and will
provide all 1 bor and material to connect the same to existing mains
and facilitie of the Orange County Waterworks District #4, and will
comply with a 1 of the requirements of said District, and with the plans
and specifics ions for said work signed by, and on file in the office
of the Manage of said District, incorporated herein by reference.
3. Subd vider agrees to pay all applicable fees assigned by
City. For pu poses of this agreement, applicable fees shall be defined
as all fees t at may be legally assessed through City's ordinances
and resolutio s as conditions of approving subdivider's subdivision
and proposed mprovements.
-1-
MBK
13925PC, 807
k:cording Requestid
by and
27657
Ruing Fees Exempt Due to
When V.ecorded Mai
to:
Gove nment
Code Section 6103
E'XE,V1r 7
City Clerk
�____C1
City of San Juan
apistrano
__-
32400 Paseo Adela
to
MARY ANN„,4MOVER,
City Clerk
San Juan Capistra
o, CA 92675
San Juan
Capistrano, California
SUBDIVISION AGREEMENT
Tract 9786
THIS AG EMENT, made pursuant to the provisions of Division 2
of Title 7 of the Government Code of the State of California, by and
between the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporatio
hereinafter called the "City” and HIDDII; milmAlF, VENTURE, L;Q;
LTD•
whose mailing address is 2643 Fourth Avenue R&�oR�n ru— ---- - S
San Diego, California 92103 OF ORANGE COUNTY, CALIFORNIA
hereinafter
WITNESSETH:
THAT, WH
of the City a
Tract No.
City Council,
the "Subdivider."
30 Min
2 P M JAN 26 1981
LEE A. BRANCH, County Recorder
'REAS, Subdivider has filed with the Planning Commission
tentative map for a proposed subdivision, known as
786 , which has been conditionally approved by the
WHEREAS, Subdivider desires to postpone the public and private
improvements equired as a condition of approval of said tentative map
until a time ubsequent to the acceptance and recordation of the final
map of said s bdivision, by entering into an agreement and providing
the improveme t security required to assure the furnishing and instal-
lation of sai improvements within the time herein provided.
NOW, THE FORE, in consideration of the premises and the approval
of the final ap of said subdivision and the postponement of the time
to install su h improvements, and to satisfy the said condition of
the approval f the said tentative map, the Subdivider hereby undertakes,
promises and igrees as follows:
1. Subdivider will, at his (its) own cost and expense, improve said
tract by doing all work and providing and furnishing all labor, materials
and equipment and making all installations shown on the improvement plans
signed and approved by the City Engineer and specified by the Specifica-
tions of the ity of San Juan Capistrano, which plans and specifications
are on file ii the office of the City Engineer and incorporated herein by
reference, in luding but not limited to, all grading work, paving of all
streets, all e s and public service easements, construction of concrete
curbs, gutter , cross -gutters and sidewalks, installation of storm drainage
and sanitary sewerage facilities, installation of underground conduit
street lighti g system, the installation of all street name signs, and
the supplying and planting of all parkway trees, together with the instal-
lation of all appurtenances, contingencies and the furnishing of all
engineering c sts and services to do and complete said work, and to do
and complete 11 other acts and obligations required by the City as condi-
tion of the a proval of the tentative subdivision. For purposes of this
agreement, th City Engineer shall determine the estimated costs of said
improvements o be used for Surety devices as required herein.
2. Subd vider will, at his (its) own cost and expense, provide and
install all o -site and off-site water mains and appurtenances and will
provide all 1 bor and material to connect the same to existing mains
and facilitie of the Orange County Waterworks District #4, and will
comply with a 1 of the requirements of said District, and with the plans
and specifics ions for said work signed by, and on file in the office
of the Manage of said District, incorporated herein by reference.
3. Subd vider agrees to pay all applicable fees assigned by
City. For pu poses of this agreement, applicable fees shall be defined
as all fees t at may be legally assessed through City's ordinances
and resolutio s as conditions of approving subdivider's subdivision
and proposed mprovements.
-1-
Trgct No. 9786
K i3925PC 808-,
4. Subdivider shall furnish one good and sufficient bond in
accordance with the provisions of Chapter 5 of Division 2 of Title 7 of
the Government Code, said bond shall be in an amount equal to the total
estimated cost of work and improvements not to be dedicated to City but
inspected by City personnel. Said bond shall be conditioned upon faithful
performance of this agreement.
5. 'Subdivider shall furnish two good and sufficient bonds in
accordance with the provisions of Chapter 5 of Division 2 of Title 7 of
the Government Code, said bonds to be in the amounts and for the following
purposes: (a) an amount equal to the total estimated cost of the said work
and improvements to be dedicated to City, conditioned upon the faithful
performance of this agreement, and (b) an additional amount equal to the
total estimated cost of the said work and improvements to be dedicated
to City securing payment to the contractor, his subcontractors, and to
persons renting equipment or furnishing labor or materials to them for
the improvements.
6. The City Engineer of the City of San Juan Capistrano may make
such changes, alterations or additions to the plans and specifications
for said work and improvement which do not exceed ten percent (108) of
the total estimated cost set forth in Item 4 above, as may be determined
necessary and desirable by him for the proper completion of said work and
improvement or as required for the safety and welfare of the public and no
such changes, alterations or additions shall relieve the Subdivider from
the faithful performance of this agreement.
7. Subdivider agrees to complete all of said work and improvement
and to pay all costs specified herein within a period of 365
days from the date hereof.
8. It is agreed by and between the parties hereto that in the event
it is deemed necessary to extend the time of completion of the work and
improvement to be done under this agreement, said extension may be
granted by the City Council of the City of San Juan Capistrano or its
duly authorized officer, and shall in no way affect the falidity of
this agreement or the obligations hereunder. Bonds furnished hereunder
shall be kept in full force and effect until said work and improvements
shall be deemed complete, approved and accepted as completed by said
City Council unless the same are reduced.
9. Subdivider agrees that City may, without any notice, and at
its sole option, at any time after the said time for completion has
passed, complete, or cause to be completed, all or any part of the said
work, and Subdivider shall pay to said City, upon demand, all of the
cost of any of said work done by the City, its agents and contractors, or
any of them, to complete all or any part of said work.
10. Subdivider agrees to pay City such sum as the Court may adjudge
as reasonable for the legal services of any attorney representing the
City in any Action brought to enforce or interpret the obligations of
this instrument, and such sum shall be made a part of any judgment in
such action against the Subdivider if such action is determined in favor
of the said City.
11. City, its officers and employees, except for their own acts,
shall not be liable or•responsible for any accident, loss or damage
happening or occurring to the improvements specified in this agreement
prior to the completion and acceptance of said improvements by the City.
12. At all times from the acceptance by the City Council of the
dedications offered on the final map of said tract to the completion
and acceptance of the improvements described herein, Subdivider shall
perform all work in a safe, workmanlike manner and shall take such
precautions as may be necessary to warn and protect the public from any
dangerous condition caused by the construction of said improvements.
13. Subdivider shall hold City, its officers and employees harmless
from any and all claims, demands, causes of action, liability or loss
of any sort because of, or arising out of, the acts or omissions of the
Subdivider, his contractor, subcontractors, agents or employees in the
performance of this agreement.
-2-
day of
ATTEST:
BK 13925PC 80,
Ct No. 9786
at San Juan Capistrano, California this 10th
, 19,80
APPROVED AND RECOMMENDED FOR
EXECUTION:
I
»ll
City Enginee
M pager of O ang County
Waterworks, District #9
STATE OFICALIFORNIA) SS
COUNTY 0 ORANGE )
On this
a Notary
Loonin kr
corporat
be the p
corporat
general
said par
den
that
such
such
SUBDIVIDER*
iiDM' PDL MIN VEMTE,Q11661ill" "i
��v �s tM►d
. _ NA /►�at.V+ �..Q 3 1.1 vM . hpGR.
(Signature)
MATHEW LOONIN, PRESIDENT
(Office Held)
CITY OF SAN JUAN CAPISTRANO
5-Z&day of December, 1980 before me, the undersigned,
Public in and for said state, personally appeared Mathew
)wnto me to be the President of M.R.L. II, Inc-, the
on that executed the within instrument and known to me to
rson who executed the within instrument on behalf of said
on, said corporation being known to me to be one of the
artners of Hidden Mountain Associates, a general partnership,
nership being known to me to be the general partner of Hid-
ain Venture, Ltd., a limited partnership, the partnership
exeuted the within instrument, and acknowledged to me that
cor oration executed the same as such partnership and that
par nership executed the same.
My commi sion expires: S -a6-9.1/ Witness my hand and official seal:
------------
OFFICIAL SEAL
i- JANET SOTO i
1 Notary -Public California 1
0 ?'^_�; Principal Otilce In i
ORANGE COUNTY i
j My commission Expires 5-26-84 $ Nota Public in and for said State
.�
2jPPId0V�� AS TSD Y' rn pj
-3-
y,
STATE OF CALIFORNIA BK 1 v 9 r J PC
ORANGE ss.
COUNTY OF ON December 10 ly 80
before me, the undersigned, a Notary Public in and for said State, personally appeared
Gapes L. Hausdor_fer
known to me to be the
oftff��. C- t of San Juan Capistrano
the�C° fb executed the within Instrument, known to me to be the person who
executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged
:OP
AL SEAL to me that such Corporation executed the same.
N HANOVEP.NOC- -ALIi'JNAIE COJNTYN7ires APR 20, 1994 WITNESS my hand and official seal.
Public in and for said State.
CORPORATE ACKNOWLEDGMENT FORM
STATE OF L-ci liIUiula l
Orange ss.
couNrY OF January 6 81
ON 19
OFFICIAL SEAL
RUTH E MARQUARD
_ NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires MAY 23, 1984
CORPORATE ACKNOWLEDGMENT FORM
before me, the undersigned, a Notary Public in and for said State, personally appeared
Maryann Hanover known to me to be the
_City-Cl-erk
of , i r of SanuanCapstrano
the t executed the within Instrument, known to me to be the person who
executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged
to me that such Corporation executed the same.
WITNESS my hand and official seal.
Notary Public in and for said
go
SAN J
27, 1985
Hidd n Mountain Venture Ltd.
c/o Patrick Development
2643 Fourth Avenue
San iego, California 92103
Re: (Tract 9786 - Hidden Mountain
Bond#SC6367003 held to insure Faithful Performance of
Publ c Improvements in Tract 9786 may now be released.
Veryltruly yours,
CITY OF S�/A}yN� JUAN CAPISTRANO
Geor M. Lo�' Jr.
City Engineer
GML/ MB:ol /
xc: Records Coordinator V
1
I
/ FIRE ANIS FIFEMAN SFUND IN5V R4NCE COMPgNY
FT T1 THE AMERICAN INSURANCE COMPANY
1 V D NATIONAL SUR ICE CITY CORTION
PORATION
® g550CIATED IN OEM NITY CORPORATION
AMEICAN AMERICAN AUTOMOBILE IN50PANCE COMPANY
INSURANCE COM ANTES HOME OPPICE 5AN FRANCISCO. CALIFORNIA
SUBDIVISION IMPROVEMENT BOND
KNOW ALL M
That we
as Princi
BY THESE PRESENTS:
LTD
Bond No. SC _6367003
Premium: $2,550.
, and THE AMERICAN INSURANCE COMPANY organized
and existing) under the laws of the State of NEW JERSEY , with its
principaloffice in the City of San Francisco and authorized to transact
surety buaineso in the State of California, as Surety, are held and firmly
bound unto CITY OF. SAN JUAN CAPISTRANO County of ORANGE
in the just and full sum of FIVE HUNDRED TEN THOUSAND AND NO/100 -----------------
-------------- ---------------- ----------- Dollars ($ 510.000.00 -------- ). for
the payment whereof well and truly to be made, the said Principal and
Surety bindthemselves, their heirs, administrators, successors and assigns,
jointly and everally, firmly by these presents.
The conditio of the foregoing obligation is such that whereas the above
bounded Principal is about to enter into a contract with the CITY OF
SAN JUAN CA ISTRANO whereby the Principal agrees to con-
struct in acordance with the plans and specifications approved by the
CITY OF SAN JUAN CAPISTRANO , and on file in the office of
the City Engineer, to wit:
PUBLIC IMPROVEMENT - OFFSITES
Tract 9786 , City of SAN JUAN CAPISTRANO
as provided n said contract which said contract is hereby referred to
and made a p rt hereof to the same extent as if the same were herein
specifically set forth;
NOW, THEREFO E, if the said Principal shall well and truly perform the
work contrac ed to be performed, make full payments to all persons, firms
or corporati no supplying labor or materials in the prosecution of the
work contrac ed to be performed, then this obligation is to be void;
otherwise, t remain in full force and effect;
PROVIDED, th t any alterations in the work to be done or the materials
to be furnis ed which may be made shall not in any way release the
Principal or the Surety thereunder, nor shall any extension of time
granted role se the Principal or the Surety, and notice of such altera-
L tions or ext nsions of the contract is hereby waived by the Surety.
WITNESS our
360045-12-66
this 4th ` day of December , 19 80
HIDDEN MOUNTAIN VENTURE LTD,st\\w I,*V1
By; g I__Wj=-.y,QQA p
i �cT'"'oYi
y ,nnRstKGurwocu.AS PPIS .Q.C. A
THE AMERICAN INSURANCE COMPANY
(Suret
By: ' �'. . "-A
STE HA -DRAKE Attorney -In -Fact
STATE OF
COUNTY OF
On this %5.6
a Notary Pu
Loonin knowr
corporation
be the pers
corporation
general par
said partne
den Mountai
that execut
such corpor
such partne
IFORNIA) SS
ANGE )
,,day of December, 1980, before me, the undersigned,
lic in and for said State, personally appeared Mathew
to me to be the President of M.R.L. II, Inc., the
that executed the within instrument and known to me to
n who executed the within instrument on behalf of said
said corporation being known to me to be one of the
ners of Hidden Mountain Associates, a general partnership,
ship being known to me to be the general partner of Hid -
Venture, Ltd., a limited partnership, the partnership
d the within instrument, and acknowledged to me that
tion executed the same as such partnership and that
ship executed the same.
My commission expires: S- a -Bi�Witness my hand and official seal:
"` OFFICIAL SEAL
JANET SOTO
Notary -Public California
`"- Principal Office In
ORANGE COUNTY
My Commission Expires 5-2684
Notar;- _ublic in and for said State
State of CALIFORNIA
County of ` ss:
OnDecember 4, 1980 before me, a Notary Public in and for said County and Slate, residing
therein, duly commis Toned and sworn, personally appeared STEPHEN A. DRAKE
known to me to be At orney-in-Fact of THE AMERICAN INSURANCE COMPANY
the corporation descr bed in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument i behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WH£R 3"hQwt_'Irewazatwse4 my and.and.Aq,xed my official seal, the day and year stated in this certificate above.
21 1
ro r;c 1 I
My Commission Exp es A r!�✓i i Q�YYU✓Yu_-LA
p Notary Public
36021,'2-45-66
SxwJ*ozvr,
�
`r���w��*s�/�r
` ~/
May 4/ 1983
�z, i
Oi�den ountain Venture
2643 Fo rtb Avenue
Sao Dieo, California 92103
Be: Release of Grading Bond, Tract 9786
Dear Mc� Kzuer;
At their meeting of May 3, 1983, the City Council took
actino o release the following grading bond for Tract 9786,
Hidden 000taio Venture:
ud Number Underwriter Amount
637-0I-52 American Insurance Company $500/000
If we can be of any further assistance, please let oo
Very tzuIl/ yours,
MARY &0N RA0OVDR, CMC
City Clerk
MAH/oj
cc: Diector of Public Works
~ � �
as
Bond No. SC 637 01 52
• PREMIU*2,500.
DIVISION OF BUILDING AND SAFETY
CITY OF SAN JUAN CAPISTRANO
GRADING PEIHIT SURETY BOND
ALL MEN BY THESE PRESENTS: ThatHIDDEN MOUNTAIN VENTURE LTD.
ip the yu t aDQg full sum of rivr. MunUKLU irlUuSAnU-
SOO,OU�.00) DOLLARS, for the payment of which, well
said Principal binds himself, his heirs, administrators,
and assigns, jointly and severally, firmly by these
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT,
WHEREAS, the said Principal above named is applicant under
ng Permit No. of the City of Sar: Juan Capistrano,
ornia, for an excavation or fill of 250 yards or more, on the
wing described property:
WHEREAS ,ST,hQ' bko- �tgd cost of the work authorized by the .
t is
NOW, THEREFORE, it is agreed that if the Principal shall:
a) Comply with all the provisions of the San Juan Capistrano
Gr ding and Excavation Code, "Ordinance No. 367, Article 2,
Se tion 1 through 24 inclusive";
b) Comply with all the terms and conditions of the permit to
th satisfaction of the Director of Public Works;
c) Complete all of the work contemplated under the said
pe it within the time limit specified in the permit, and any
ex ension or extensions thereof;
d) Reimburse the City for any work the Division of Building
anc Safety deems necessary to complete, correct or otherwise under -
tale the work specified in the permit, or any work deemed necessary
foi the public safety, because of any failure on the part of the
Principal, then this obligation shall be rul1 and void; otherwise
it shall remain in full force and effect.
PROVIDED, HOWEVER, that the said surety, for value received,
he shy stipulates and agrees that no changes, extension of time,
al station or modification of the permit or of the work to be
pe formed thereunder shall in any way affect its obligation on
th s bond and it does hereby waive notice of any such change,
ex ension of time, alteration or modification of the permit or
If work to be performed thereunder; and
PROVIDED, FURTHER, that in case suit is brought upon the bond
by the City or any other person who may bring an action on this
' bo d, a reasonable attorney's fee, to he fixed by the court, shall
be paid by the Principal.
IN WITNESS WHEREOF, the said Principal has caused these
pr cents to be duly signed and sealed this 16 day of April
, 19 -82 --
HIDDEN MOUNTAIN VENTURE LTD.
Prin al
By
By
THE AMERICAN INSURANCE COMPANY
Surety
" ATRICIA A. MEFFEN
ATTORNEY IN FACT in and fdfbWtd
City and State
STATE OF California
COUNTY
Ss.
ON April 20 19 81
before me, the undersigned, a Notary Public in and for said State, personally appeared
Gec)rge T Kruer
O FICIAL SEAL known to me,
RU H E MARQUARD to be one of the partners of the partnership that executed the within Instrument, and acknowl-
m NOTA PUBLIC CAI IF noNIA
ORANGE COUNTY edged to me that such partnership executed the same.
My comm. expires MAY 23, 1984
WITNESS my hand and official seal.
Ruth E. Mar and
PARTNERSHIP ACRNOWLEORRIENT FOAM
State of CALIFORNIA
County of cif ss:
On April 16, 19 1 , before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared PATRICIA A. MEFFEN
known to me to be Attorney -in -Fact of THE APAERICAN MURAIZE CCNIPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, Ilhave hereunto se
DEBRA ANN OLIYAS
My Commission Expir ...- NOTARY PUBLIC - CAUFURNIA
'4' ,dAfu.t d:e:, INTI
360212-6-66,
I y Commission Expires July 18. 1981
my official seal, the day and year stated in this certificate above.
OENERAC
• •
POWER
Tltr, AMERICAN INSURANCE COMPANY
KNOW ALI, MKN RY T IESP: PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing under :he
Taws of the State of Ne v Jersey, and having its Principal office in the City and County of San Francisco. California, has made, constituted and
appointed, and does by t ese presents make. consulate and appoint
-----PATRICIA A. MEFFEN-----
its true and lawful Atterey(s)-in-Fact. with full power and authority hereby conferred in its name, place and stead, In execute, seal. acknowledge and
deliver any and all bonds undertakings, recognizances or other written obligations in the name thereof ---------------------------
and to bind the Corporatii4n thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII, Section 30 and 3l of By-laws of THE AMERICAN INSURANCE COMPANY now in full
force and effect.
'Arid, VIII. A,) ... nhnen and Aulh.... 1, of RerWrm Assomr ,tie✓ ,,,.e,, oad Almene v -in -Fit.I and Aerms r,. n..,l 1,c.1 Pru. err mW Mak, App,,uivo ee.
Set1iun 10 A ,sonnnem.l
Uiremu.., the Premd,m or an
Agent, to ac,e,l legal acme
Seu.on 11 Aulh ore The
aDPrmtmem and all zmho rt
This power of attorney
AMERICAN INSURAN
amended or repealed:
"RESOLVED, that the s
Corporation may be affix
facsimile, and any power
valid and binding upon if
IN WITNESS
and its corporate seal to
STATE OF
, Imnevor of the Board of the— ors, the RenWent. any Vice President or any other person authorized by the Board of Director.. the Chairman of the Board of
.-Presidem, may, from em, it, time, appoint Resident A,,r,bmt Secmtanen and Attorneys -in Fact ro represent and act for and on behalf of the Corporation and
td make appearance+ for and un behalf of the Cor oration
tont, of .ch Resident A.srcran, Se ... mnen. Attorneys -in -Fact, and Agenh shall be s presaihed in the instrument evidencing their ap,nom mens. and any such
mord thereby may he revoked in any time by the Board of ntrecton or by any pervnn cmWwered to make such ap anntmen,
signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE
! COMPANY at a meeting duly called and held on the 28th day of September, 1966, and said Resolution has not been
iature of any Vice -President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by
' attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall he
Corporation."
THE AMERICAN INSURANCE. COMPANY has caused these presents to he signed by its Vice -President,
hereunto affixed this 2I S t day of fIoyember , 1978
SS.
CITY AND COUNTY OF $AN FRANCISCO
THE AMERICAN INSURANCE COMPANY
By v re-Prexidem
On this2 Wdl'ay of bey , 1918, before me personally came William W. Lauber
n, me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the
Corporation described in a d which executed the above instrument: that he knows the seal of said Corporation: that the seal affixed to the said Instrument
is such corporate seal tlm it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WI FN ESS WH8R FO
. I have hereunto set my hand and affixed my official seal the day and year herein first shove written.
�NtNtNNgYi\UNglgUt�Mg
- OFF
SUSI
gtUUggUtl\ggUUtU�
IAL SEAL l7
e
=
K. GILBERT
g NOTARY
lK - CALIFORNIA?
—
nary wbue
ally i c
OF SAN FBANCisco
R My eolnmirfi
Whet Nm_ 17, 1980
CERTIFICATE.
STATE OF CALI ORNIA, 1
J tis.
CITY AND COUNTY OF: N FRANCISCO 1
1, the undersigned. Assis nut Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation. DO HEREBY CERTIFY
that the foregoing and a Cached POWER OF ATTORNEY remains in full force and has not been revoked and furthermore that Article VIII.
Sections 30 and 31 of th By-laws of the Corporation. and the Resolution of the Board of Directors, set forth in the Power of Attorney. are now
in force. 81
16 APRIL
Signed and sealed at the Ci y and County of San Francisco. Doled the_ day oL— __ . 19_
UL
Arr.+Pant Secretary
aNCF C l
360711 (HO)—TA—
5.
OF GRADING BOND
J(38) As set forth in the report dated May 3, 1983, from the
(85) Director of Public works, all grading work for Tract 9786
was completed and the following grading bond was released:
Number Underwriter Amount
-01-52 American Insurance Company $500,000
0 •
ITEM May 3, 1983
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Release of Grading Bond, Tract 9786
(Hidden Mountain Venture Ltd.)
ON:
The d veloper has completed all grading work for Tract 9786,
locat d at 28012 San Juan Creek Road, including the slope
control problem, and has requested the release of the
gradi g bond posted for that work. The Building & Safety
Divis on has inspected and accepted the work and recommends
the r lease of the bond.
The Grading
Bond
referred to in this action is
as follows:
Bone.
Number
Underwriter
Amount
SC 627-01-52
American Insurance Company
$500,000
There are no direct costs to the City by this action.
1. Authorize Staff to release the Grading Bond.
2. D not release the Grading Bond.
3. R fer to Staff for additional information.
By motion, authorize Staff to release the Grading Bond for
Tract 9786 in the amount of $500,000.
y submitted,
L• N. -
W. D. urphy
WDM/OML:ol
attac ents
i
5.
41
(85) The Public improvements have been completed for Tract 9766,
as s t forth in the report dated February 15, 1983, from the
Dire for of Public Works.
Acce tance of Work:
The following Resolution was adopted:
RESOLUTION NO. 83-2-15-1, COMPLET
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
PUBLIC IMPROVEMENTS - TRACT 9786 (HIDDEN MOUNTAIN
VENTURE)
The Resolution accepts the work as complete and directs the
City Clerk to forward the Notice of Completion to the County
Reco der within 10 days.
Rel
C
Au
of Surety:
owing bond from American Insurance Company was
to February 15, 1984:
Bond
Faithful Performance
Number Amount
SC 6367003 $510,000
rization was granted to release the bond following
ssful completion of a one-year maintenance period.
The ollowing bonds from American Insurance Company are to
be r leased upon expiration of 35 days from recordation of
the otice of Completion:
Labor & Material SC6367003 $510,000
Monumentation SC6367002 7,500
Hidden
2643 F(
San Di(
32400 PASEO ADELANTO;,
SAN JVANCAPSTRARO. CALLFORNIA 92675
PHONE 493+117F
February 24, 1983
sntain Ventures
th Avenue
, California 92103
Re: Notice of Completion, Release of
Release of Suretv, Tract 9786, S
Gentlemen:
74'7t�
Enclosed is a copy of Resolution No. 82-2-15-1, which
was ad pted by the City Council at their meeting of February 15.
The Re olution accepts the work completed for the construction of
public improvements in Tract 9786.
Americi
from r1
attach(
therefc
OV&I
The Council directed that the following sureties from
n Insurance Company be released upon expiration of 35 days
cording of the Notice of Completion, and copies are
d for your information:
MAH/na
Enclos res
cc:
r
Surety Amount
Labor and Materials
Bond No. SC6367003 $510,000
Monumentation
Bond No. SC6367002 7,500
The Notice of Completion was recorded on February 18;
the bonds may be released on March 25.
The following surety from American Insurance Company
ed to February 15, 1984:
Faithful Performance
Bond No. SC6367003 $510,000
rican Insurance Company
Works
Verruly yours,
MARY ANN ANOVER, CMC
City Clerk
KNOW ALL MEN BY THESE PRESENTS:
/ FIREMAN
IS
'S
FIREMPN S FUND INSURANCE COMPANY
Bond No.X__6367003
FU"**;D
THE AMERICAN INSURANCE COMPANY
NATIONAL SURETY CORPORATION
Premium included
® 0 AMEICAN
INSURANCE COMPANIES
ASSOCIATED INDEMNITY CORPORATION
AMERICAN PU TOMORilE INSURANCE COMPANY
NOME OFFICE SAN FRpNcisc o. uuroRNln
SUBDIVISION LABOR AND
in
performance bond
MATERIAL BOND
That we IHIDDEN MOUNTA
as Principal, and THE AMERICAN INSURANCE COMPANY as Surety are
held and fit ly bound unto CITY OF SAN JUAN CAPISTRANO
----------------------------------------------------- and to all persons as herein-
after provided in the sum of FIVE HUNDRED TEN THOUSAND AND NO/100 -------------------
-------------- j ------------------------------------------ Dollars ($510,000.00 --------
lawful money of the United States, for which payment well and truly to be
made, we bind ourselves, jointly and severally, firmly by these presents.
The condition of the above obligation is such that, whereas said Principal
has been or is about to be granted a permit by the CITY OF SAN JUAN CAPISTRANO
--------------------------------- for the subdividing and improving of a tract
of land pursuant to and described as Tract No. 9786
Ordinance Number
------------- - - and as a condition precedent to the granting of such permit,
and pursuantlto Section 11612 California Business and Professions Code, the
Drinrinal islreauired to furnish a labor and material bond as herein
STATE OF CALIFORNIA)
COUNTY OF IORANCE ) SS
On this J`- day of December, 1980, before me, the undersigned,
a Notary P blic in and for said State, personally appeared Mathew
Loonin1,no to me to be the President of M.R.L. II, Inc., the
corpora tio that executed the within instrument and known to me to
be the per on who executed the within instrument on behalf of said
corporatio , said corporation being known to me to be one of the
general pa tners of Hidden Mountain Associates, a general partnership,
said partn rship being known to me to be the general partner of Hid-
den Mounta n Venture, Ltd., a limited partnership, the partnership
that execu ed the within instrument, and acknowledged to me that
such corpo ation executed the same as such partnership and that
such partn rship executed the same.
My commiss on expires: -F/Witness my hand and official seal:
OFFICIAL SEAL
r'
JANET S0T0
Notary -Public California
Principal Office In , Notar,- _ublic in and for said State
ORANGE COUNTY 01
j M Commission Expires 5-26-84 0
1— ----------------- ;
State of CALIFORNIA
County of ORANGE ss.
On Decem er 4, 1980 before me, a Notary Public in and for said County and State, residing
therein, duly commissione and sworn, personally appeared STEPHEN A. DRAKE
known to me to be Attorne-imFact of THE AMERICAN 1�iSURANCP COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in be If of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHE ,I x,n fixed my official seal, the day and year stated in this certificate above
My Commission E ^ , - t.-.._
It Notary Public
360212-6-66 j. My i_tio11 Exp:rs Cali 4.1982
It
^ I FIREMAN'S FOND INS' RANCE COMPANY
�� r��b4 THE AFIE RICAN IN CE COMPANY
and No.. SCR 6367002
•-..N�4 NATIONAL SURETY�ORATION remium. $36.00
FIREMAPi6 FUND ASSOCIATED INDEMNITY CORPORATION
INSURRNEE CGMPAN!ES AMERICAN AUTOMOBILE INSURANCE COMPANY
KNOW ALL
That
and he
SUBDIVISION MONUMENT BOND
(Faithful Performance and Labor and Materials)
MEJ BY THESE PRESENTS:
HI DEN MOUNTAIN VENTURE LTD
nater referred to collectively as "Principal", and THE AMERICAN
INSURANCE COMPANY , a corporation organized and existing under the
laws of the State of NEW JERSEY , and duly authorized to transact
surety busi ess in the State of California, as and hereinafter referred to as
"Surety", a e held and firmly bound unto CITY OF SAN JUAN CAPISTRANO
hereinafter referred to as the "City", in the
as
SUM of S -EVEN THOUSAND FIVE HUNDRED AND NO 100------------- Dollars 07,500.00-----)
for payment of which Principal and Surety bind themselves, their heirs, admini-
strators, successors and assigns, jointly and severally as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
WHEREAS, Principal has presented to the City Council of the City of SAN JUAN
CAPISTRANO , for its approval, a Final Subdivision Map of Tract No. 9786 ,
which said inap carries the Engineer's or Surveyor's certificate that the Monuments
will be set on or before a specified later date; and,
WHEREAS, th s bond is given to insure the setting of such monuments and to
guarantee p yment to the Engineer or Surveyor for setting such monuments in said
Subdivision and as a prerequisite for the approval of said Final Subdivision Map.
NOW, THEREFORE, the condition of this obligation is such that if the Principal
shallcause such monuments to be set and shall pay the Engineer for setting such
monuments i the manner and within the times specified in Business and Professions
Code 911592 then this obligation shall be null and void; otherwise, the Surety
agrees to p y the same in an amount not exceeding the amount of this bond.
PROVIDED, F THER, that in case suit is brought upon this bond by City or any
other- perso who may bring an action on this bond, a reasonable attorney's fee,
to be fixed by the Court, shall be paid by Principal or Surety.
IN WITNESS <HEREOF, Principal and Surety have caused these presents to be
duly signed and sealed this 4th day of December , 19 go
•960702-I41P76
.(LEGAL SIZE)
HIDDEN MOUNTAIN VENTURE LTD, es )u,t wt"td
AqJ (=i i 1) tMlov`M..�
Dye: VIIAUA-3r, ".&C-1 -Y.�.%r
THE AMERICAN INSURANCE COMPANY_
Surety
BY ` r ,IL
STEPHEN A. RAKE Attorney -in -Fact
STATE OF�CALIFORNIA)
COUNTY 0 ORANGE ) SS
On this -
Ti day of December, 1980 before me, the undersigned,
a Notary Public in and for said state, personally appeared Mathew
Loonin kn wn to me to be the President of M.R.L. II, Inc•, the
corporation that executed the within instrument and known to me to
be the Person who executed the within instrument on behalf of said
corporation, said corporation being known to me to be one of the
general partners of Hidden Mountain Associates, a general partnership,
said par nership being known to me to be the general partner of Hid-
den Moun ain Venture, Ltd., a limited partnership, the partnership
that exe uted the within instrument, and acknowledged to me that
such cor oration executed the same as such partnership and that
such par nership executed the same.
My commission expires: S >'6 -eWWitness my hand and official seal:
OFFICIAL SEAL 10
JANET SOTO 0
Notary -Public California 0
Principal c CalIn r
ORANGE COUNTY I
Commission Expires 5.26-34 0 NotaryAublic in and for said State
---------------------
State of CAUFOW +
County of ORANGE { ss:
RA
On Decmber 4, 1980 , before me, a Notary Public in and for said County and State, residing
therein, duly commissi ned and sworn, personally appeared STEPHEN A. DRAKE
known to me to be Att rney-in-Fact of THE AMERICAN INSURANCE COMPANY
the corporation descri bed in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREO I have hereunto set my Jiand and affixed my official seal, the day and year stated in this certificate above.
4 If fT
MY Commission Exp rr g, tiC TJrl k QL/M
Notary Public
360212-6.66 / .:� (�' I'•" 4, "'42
y ,
it
AGENDA ITE February 15, 1983
TO: tephen B. Julian, City Manager
FROM: . D. Murphy, Director of Public Works
SUBJECT: esolution, Notice of Completion, Release of Surety,
iract 9786, San Juan Creek Road (Hidden Mountain Venture)
STTLIATTON
The develo er of the subject tract has requested that the City accept
the public improvements and corresponding surety. The public improve-
ments have been completed and accepted by the City Inspector. The
City will rile a Notice of Completion with the County Recorder upon
acceptanceof the improvements. The sureties for this tract are:
uret Nurbe Amount
Bond SC003 $510,000
Bond SC003 $510,000
Bond SC002 $ 7,500
FINANCIAL (CONSIDERATIONS
Company
American Ins. Cc
Purpose
Faithful Performance
Labor & Material
Monumentation
There is no cost or compensation to the City associated with this action.
ALTERNATE
1. Accep� the public improvements resulting from Tract 9786.
2. Do no accept the public improvements resulting from Tract 9786.
3. Reque t further information from staff.
Byre
ion, determine that the work resulting from Tract 9786 has
been comp eted and declare the work to be accepted; direct that within
ten days rom the date of acceptance a Notice of Completion be filed
with the range County Recorder.
:Y
motion, require an extension of the Faithful Performance surety for
public im rovements to February 15, 1984; and authorize staff to
exonerate the Labor and Material and Monumentation sureties upon the
expiration of thirty-five days from the filing of the Notice of
Completio . Authorize staff to release the Faithful Performance
surety of er one year maintenance period.
Respectfully submitted,
I
W. D. Mu by
WDM: CMB /r m
Encl.
ACENIDA (�
e.o.
RESOLUTION NO. 83-2-15-1
COMPLETION OF PUBLIC IMPROVEMENTS -
TRACT 9786 (HIDDEN MOUNTAIN VENTURE)
SECTION 2. That the work is hereby accepted and
SECTION 3. It is further ordered that a "Notice of
Compl tion" be recorded, on behalf of the City, in the office of
the C unty Recorder of the County of Orange within ten (10) days
of th date of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of
, 1983 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Bland, Schwartze,
and Mayor Buchheim
NOES: None
ABSENT:Councilmen Friess
CE BUCHHEIM, MAYOR
ATTES
-1-
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 - TRACT 9786 (HIDDEN MOUNTAIN
VENTURE)
WHEREAS, the City of San Juan Capistrano has entered
into a
agreement with Hidden Mountain Venture for the
constr
ction of public improvements in Tract 9786; and,
WHEREAS, the Director of Public Works has evaluated the
final
uantities and cost figures and recommends approval.
NOW, THEREFORE, the City Council of the City of San
Juan C
pistrano does resolve as follows:
SECTION 1. That the work required to be performed by
said s
bdivider has been completed.
SECTION 2. That the work is hereby accepted and
SECTION 3. It is further ordered that a "Notice of
Compl tion" be recorded, on behalf of the City, in the office of
the C unty Recorder of the County of Orange within ten (10) days
of th date of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of
, 1983 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Bland, Schwartze,
and Mayor Buchheim
NOES: None
ABSENT:Councilmen Friess
CE BUCHHEIM, MAYOR
ATTES
-1-
0 •
FINAL TRACT MAP 9786, SAN JUAN CREEK
8) Written Communications:
5) Report dated December 10, 1980, from the Director of Public
Works advising that all Planning Commission conditions of
approval have been met, all required fees paid, and that
the Map is in conformance with Article 2, Chapter 2, of the
Subdivision Map Act.
Dennis Haehn, member of the Traffic and Transportation
Commission, requested consideration of widening and extension
of Via Andorra through San Juan Terrace to the Black Mountain
Villas development for access purposes.
Tim Kruer, developer, advised that Lot B is shown on the
Map for dedication to the City; that an access road will be
constructed through the rear portion of the Black Mountain
tract; and, that Via Andorra will be open as a pedestrian
access to Four Oaks Park.
Council advised that options were not available to amend
the Map.
Approval of Final Map:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim to approve the Final Map for Tract 9786 with the
determination that the Map is consistent with the General
Plan and in substantial compliance with the approved
tentative map. The Mayor and City Clerk were authorized to
execute the Subdivision Agreement on behalf of the City;
and, recordation of the Agreement was authorized.
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze,
Buchheim and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Bland
ABSENT: None
la/lo /%o
April. 11, 1983
Mr. W.D. Murphy
DIRECTOR OF PUBLIC WORKS
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Grading and Improvement Bond #SC 6-678A-3
Dear Mr. Murphy,
The work on the above grading and improvement bond has been
completed and accepted by the City of San Juan Capistrano.
We therefore request that you release said Bond.
If you have any questions please don't hesitate to call.
Sincerely,
HIDDEN MOUNTAIN VENTURE, LTD.
Rebecca K. Hultman
for Tim Kruer
/rkh
cc: Marianne Mahaffey
Genstar Pacific Investments ,I.
"
/S.
28012
28012 San Juan Creek Road, San Juan Capistrano 714 / 831-7570 License No. 402832