1987-0811_O HILL PROPERTIES_Agreement AGREEMENT
This Agreement is made this 11th day of August, 1987, by and
between the City of San Juan Capistrano, hereinafter referred to
as "City", and 0 Hill Properties, a California limited
partnership, and Bear Brand Ranch Company, a California limited
partnership, herein referred to collectively as "0 Hill/BBRC".
RECITALS
A. Since September 1, 19789 0 Hill/BBRC has owned for
investment purposes certain real property, within the
unincorporated portion of the County of Orange, more particularly
described as Assessor' s Parcel No. 86-110-41, as shown on the
County of Orange 1986/1987 Assessor's Roll. In order to make the
property more marketable to a developer, 0 Hill/BBRC recently
obtained a zone change and on June 4, 1986, a tentative tract map
approval from the County of Orange commonly referred to as
Tentative Map No. 12026 ("TM 12026") , as shown on Exhibit "A"
attached. 0 Hill/BBRC intends through a sale or exchange to
transfer TM 12026 to a developer, hereinafter referred to as
"Developer", who will record a subdivision map and grade and
improve TM 12026.
B. One of the parcels of land located within TM 12026 and
identified as Lot B therein is approximately 24 acres ("Lot B") .
C. Lot B is located within an unincorporated area but within
the Laguna Niguel Community Service District and the City's sphere
of influence. On January 21, 1987, a petition was filed with the
Local Agency Foundation Commission of the County of Orange
("LAFCO") to include the boundaries of TM 12026 including Lot B in
a newly incorporated city, commonly referred to as Laguna Niguel.
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On April 21, 1987, the City filed a petition with LAFCO for the
annexation of certain lands known as the "Westside Annexation",
which also includes Lot B.
D. City is concerned that the new City of Laguna Niguel might
approve residential development within Lot B.
E. City desires to restrict the grading and development on
Lot B to preserve the ridgeline within Lot B from adverse visual
impacts from the City and 0 Hill/BBRC desires to preserve Lot B as
a scenic open space and trail amenity for the people of the County
of Orange and more specifically for the citizens, property owners
and families living within the communities of Laguna Niguel, San
Juan Capistrano, Dana Point, Monarch Beach and Bear Brand Ranch.
F. 0 Hill/BBRC desires that Lot B not be annexed into the
City but remain in the Laguna Niguel Community Service District.
NOW, THEREFORE, BE IT MUTUALLY RESOLVED between City and 0
Hill/BBRC as follows:
1. Amendment of Annexation Petition. City shall amend its
LAFCO annexation petition and use its best efforts to exclude from
the Westside Annexation all portions of the land covered by TM
12026, except a strip of land which is east of the eastern
boundary line of Lot 75 of Tract 9880 (9 Old Ranch Road) , and east
of the northerly prolongation of said boundary line as more
particularly shown in Exhibit "B" attached hereto (the "Strip") .
2. 0 Hill/BBRC Conveyance of Lot B to City.
(a) O Hill/BBRC shall complete the donation and gift to
City of fee title to Lot B within the (10) days following the
first to occur of the following events :
(1) Completion by Developer of all improvements
shown on TM 12026 and/or set forth in Conditions of Approval
imposed by the County of Orange on TM 12026;
(2) Five (5) years from the execution of this
Agreement, provided City shall have a continuing obligation under
this Agreement to allow the improvements to Lot B as contemplated
by TM 12026.
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(b) Within ten (10) days following the execution of this
Agreement, 0 Hill/BBRC shall deposit into an escrow account, at
the offices of Continental Land Title ("Escrow Officer") , an
executed and acknowledged deed to Lot B, together with irrevocable
escrow instructions setting forth the conditions precedent set
forth in Section 2(a) above, and requiring Escrow Officer to
deliver such deed to City within ten (10) days following the first
to occur of such conditions precedent. Escrow fees and charges
shall be paid by City.
3. Title to Lot B. 0 Hill/BBRC shall deliver title to Lot B
to City subject to the following exceptions, encumbrances, and
restrictions, which shall also be enforceable by Bear Brand Ranch
Community Association:
(a) Five (5) driveway easements over portions of Lot B
providing access to and from certain residential lots to the
future extension of Old Ranch Road, as shown in Exhibit A
attached. City agrees not to acquire or extinguish such driveway
easements unless such residential parcels acquire alternate means
of access to and from Old Ranch Road.
(b) The rights of the Bear Brand Ranch Community
Association Members, and the residents of Laguna Niguel, Dana
Point, Monarch Beach and San Juan Capistrano to use a
hiking/equestrian trail through Lot B which trail is a link in the
hiking/equestrian trail for the Bear Brand Ranch.
(c) The rights of the Bear Brand Ranch Community
Association to enter upon Lot B for the purposes of (i) landscape
maintenance including the repair and replacement of irrigation,
and the replacing of trees, bushes and ground cover consistent
with the conceptual landscape plan approved in conjunction with TM
12026, (ii) hiking/equestrian trail maintenance, provided, the
width of the trail may not be increased to exceed a width of
sixteen (16) feet and (iii) the mowing and removal of weeds and
debris.
(d) The restriction that City shall not place any
structures, plant any trees or bushes on Lot B or subdivide or
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grade Lot B or do any other act which is inconsistent with the
intended passive ownership by City for open space purposes or the
intended use and maintenance by the Bear Brand Ranch Community and
its Association.
(e) The condition that City construct and set a brass
plaque set on a waist-high riverstone base recognizing the gift of
Lot B to City at an appropriate place along the trail.
(f) The condition subsequent coupled with power of
termination of fee title that if City or its successors in
interest attempts to sell or in any way transfer ownership to Lot
B (to other than a governmental entity or special district which
acknowledges in writing prior to such transfer to be bound fully
by this Agreement in a form approved by 0 Hill/BBRC or its
successors in interest) , then title to Lot B shall revert to 0
Hill/BBRC or its successor in interest.
4. Grading. At such time as Developer desires to grade for
and construct the extension of Old Ranch Road, City shall,
provided the Strip has been annexed to City, grant such approvals
to Developer as may be necessary to grade for and construct the
extension to Old Ranch Road. TM 12026 along its eastern boundary
shows two areas of offsite grading as shown in Exhibit A. City
shall, in a timely manner, provided such offsite area has been
annexed, provide any needed permits and use City's best efforts to
allow the eastern offsite grading. City acknowledges that severe
monetary damage will occur to Developer and O Hill/BBRC in the
event such offsite grading is delayed.
5. Continuing Obligation. City and 0 Hill/BBRC shall be
obligated to abide by all conditions and approvals given by the
County of Orange in connection with TM 12026.
6. Binding Effect. This Agreement shall inure to the benefit
of, and shall be binding upon, the parties hereto and their
respective legal representatives, successors and assigns.
7. Amendment. This Agreement may only be amended by the
written consent of all of the parties to this Agreement at the
time of such amendment.
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1;
8. Time of Essence. Time is of the essence of this Agreement
and the provisions contained herein and each and every provision
hereof.
9. Governing Law. Subject to the specific terms of this
Agreement, the validity, interpretation and performance of this
Agreement shall be controlled by and construed under the laws of
the State of California.
10. Negotiated Transaction. The provisions of this Agreement
were negotiated by all parties and drafts of this Agreement were
prepared by all parties hereto and This Agreement shall be deemed
to have been drafted by all the parties hereto.
11. Attorney's Fees . In the event of any controversy arising
or any claim or action concerning the subject matter of this
Agreement or the rights and the duties of any party, the
prevailing party in such matter shall be entitled to reasonable
attorneys ' fees and court costs , whether or not such controversy
or claim is litigated and/or prosecuted to judgment.
12. Pronouns. All pronouns and any variations thereof shall
be deemed to refer to the masculine, feminine or neuter, singular
or plural, as the identity of the person, persons, entity or
entities may require.
13. Caption Headings. Captions at the beginning of each
numbered section or paragraph of this Agreement are solely for the
convenience of the parties hereto and shall not be deemed part of
the context of this Agreement.
14. Right to Enforce Agreement. Upon the breach of any term
of this Agreement, either party shall have the right to
specifically enforce the terms hereof.
15. Adoption of Agreement. This Agreement will be adopted by
Resolution `of the City Council of the City at its regular meeting
of August 1b, 1987, as a regularly scheduled agenda item for such
meeting and such approval shall also be approval of the manner of
execution of this Agreement.
-5-
15. Entry into Agreement. Each party to this Agreement
represents that it has the authority and power to enter into the
Agreement and that as to the City such Agreement has been duly
adopted in conformance with the Municipal Code of the City.
CITY OF SAN JUAN CAPISTRANO
By
ANTHONY L. AND, MAYOR
ATTEST:
0 HILL PROPERTIES
MARY ANN WOVER, CITY LERK �
BY
APPROVED 4 T FORM: Robert O Hill, General Partner
JOHN SHAW, ITY ATTO NEY BEAR BRAND RANCH COMPANY
By
Robert 0 Hill, General Partner
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Exhibit "B" t
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MEMORANDUM
May . 1991
TO: Stephen B. Julian, City Manager
FROM: Thomas Tomlinson, Acting Planning Director
Department of Planning _'lT�
SUBJECT: Status of Conveyance of Lot B. Tract 12026 (Bear Brand Ranch)
When Tract 12026 (Bear Brand Ranch) was processed through the County of Orange, the
City entered into an agreement with Mr. O Hill for donation and gift to the City of fee
title to Lot B upon acceptance of the improvements for Tract 12026. The agreement
stipulates that Bear Brand Ranch shall complete the donation and gift to the City five
years from the date of execution of the agreement if improvements are not accepted
within that timeframe. One condition imposed as part of the agreement calls for the
City to construct, set, and maintain a brass plaque set on a waist-high riverstone base
along the trail, which recognizes the gift of the property to the City.
The Planning Department has been monitoring the Bear Brand Ranch tract to determine
if these improvements have been accepted. In November, 1990, the County of Orange
advised that the improvements were approximately 80 percent complete. The
improvements not yet completed included Old Ranch Road, water, sewer, and
monumentation. Further, the County informed us that this tract was now within the
jurisdiction of the City of Laguna Niguel and that following County acceptance, the City
of Laguna Niguel would be required to accept the improvements as well.
In a discussion with the City of Laguna Niguel, their City Engineer, Mr. Ken Rosenfield,
advised that the improvements had not yet been accepted and that it still appeared as
though the remaining 20 percent of the improvements referenced by the County were
still outstanding. We have requested notification by the City of Laguna Niguel
immediately upon acceptance, and the attached letter to Mr. Rosenfield summarizes this
information.
Also pending is the escrow that was opened in 1987. This remains active pending
acceptance of the improvements or the five-year deadline (August 11, 1992), whichever
occurs first. Escrow instructions were forwarded to the City for signature in 1987, but
they were never signed. In talking with the escrow company, they have requested that
we proceed with obtaining the Mayor's signature and return the papers to them for the
file. Therefore, attached are two sets of escrow instructions dated August 21. 1987 and
October 29, 1987 for Ken Friess' signature. Upon execution, please return to me, and I
will forward them on to the escrow company.
If you need additional information or clarification, please give me a call.
TT:LL
cc: George Scarborough
Dick Bobertz
Ly to Lehmann
erylJohnson
C
MEMORANDUM May 16, 1991
TO: Stephen B. Julian, City Manager
FROM: Thomas Tomlinson. Acting Planning Director
Department of Planning
SUBJECT: Status of Conveyance of Lot B, Tract 12026 (Bear Brand Ranch)
When Tract 12026 (Bear Brand Ranch) was processed through the County of Orange, the
City entered into an agreement with Mr. O Hill for donation and gift to the City of fee
title to Lot B upon acceptance of the improvements for Tract 12026. The agreement
stipulates that Bear Brand Ranch shall complete the donation and gift to the City five
years from the date of execution of the agreement if improvements are not accepted
within that timeframe. One condition imposed as part of the agreement calls for the
City to construct, set, and maintain a brass plaque set on a waist-high riverstone base
along the trail, which recognizes the gift of the property to the City.
The Planning Department has been monitoring the Bear Brand Ranch tract to determine
if these improvements have been accepted. In November, 1990, the County of Orange
advised that the improvements were approximately 80 percent complete. The
improvements not yet completed included Old Ranch Road, water. sewer, and
monumentation. Further, the County informed us that this tract was now within the
jurisdiction of the City of Laguna Niguel and that following County acceptance, the City
of Laguna Niguel would be required to accept the improvements as well.
In a discussion with the City of Laguna Niguel, their City Engineer, Mr. Ken Rosenfield,
advised that the improvements had not yet been accepted and that it still appeared as
though the remaining 20 percent of the improvements referenced by the County were
still outstanding. We have requested notification by the City of Laguna Niguel
immediately upon acceptance, and the attached letter to Mr. Rosenfield summarizes this
information.
Also pending is the escrow that was opened in 1987. This remains active pending
acceptance of the improvements or the five-year deadline (August 11, 1992), whichever
occurs first. Escrow instructions were forwarded to the City for signature in 1987, but
they were never signed. In talking with the escrow company, they have requested that
we proceed with obtaining the Mayor's signature and return the papers to them for the
file. Therefore, attached are two sets of escrow instructions dated August 21, 1987 and
October 29, 1987 for Ken Friess' signature. Upon execution, please return to me, and I
will forward them on to the escrow company.
If you need additional information or clarification, please give me a call.
TT:LL
cc: George Scarborough
Dick Bobertz
Ly to Lehmann
erylJohnson
RECORDING REQUESIFD BY AND
WHEN RECORDED MAIL TO.
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA
ATTN: Tom Merrill, Planing Director
(space above this line for Recorder's use)
GIFT DEED
The undersigned grantor(s) declare(s):
Documentrary transfer tax is $0.00
Gift to municipal corporation
computed on full value of property conveyed, or
computed on full value less value of liens an
encumbrances remaining at time of sale
(_X_) Unincorporated area
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, O HILL PROPERTIES, a California Limited partnership
and BEAR BRAND RANCH COMPANY, a California limited partnership,
(collectively "Grantor") hereby GRANT to the City of San Juan
Capistrano, a municipal corpoi ,tion organized under the laws of the
State of California ("Grantee"), all of that real property in the County
of Orange. State of California. described on Exhibit "A" hereto (the
"Property"),
RESERVING AND EXCEPTING unto Grantor and Grantor's successors
and assigns, together with the right to grant and transfer all or a
portion of the same, as follows:
A. Five (5) separate easements over portions of the Property
as shown on Tract Map No. 12026 for purposes of driveway access
: nd underground utility purposes between those five residential lots
Find the future extension of Old Ranch Road, together with the right
(i) to grade such easements for driveway purposes (ii) to pave such
1
easements and otherwise improve the same as the owner($) of such
residential lot($) from time to time deem reasonable and appropriate
to provide such driveway access, (iii) to plant, replant, remove and
maintain landscaping in such easements, subject to the CC&Rs of the
Bear Brand Ranch Community Association and, if appropriate, the
prior approval of its Architectural/Design Committee, and (iv) to
install, maintain, replace and repair such appurtenant improvements,
such as entry gate, mail box, retaining walls, drainage and irrigation
facilities, and underground utilities, as the owner(s) of such
residential lot(s) deem reasonable and appropriate;
B. An easement and right in favor of the Bear Brand Ranch
Community Association (the "Association"), and of the public
generally, to use and maintain a hiking/equestrian trail not
exceeding sixteen (16) feet in width through the Property to connect
with the hiking/equestrian trail for the remainder of the property
included in the Association, generally as depicted on Exhibit "C"
hereto, which Exhibit is incorporated herein by this reference (the
"Trail"); and
C. An easement and right in favor of the Association to enter
upon the Property for the purposes of (i) landscape maintenance,
including the repair, replacement, relocation and removal of
irrigation improvements, and the planting, replanting and removal of
trees, bushes and ground cover consistent with the final landscape
plan prepared and approved in conjunction with Tract Map No.
12026, (ii) maintenance of the Trail, provided, however, the width o1
the Trail may not be increased to exceed a width of sixteen 0l fcct:
(iii) maintenance of community park improvements and lands,aPinc:
and. (iv) the me-,Ring and removal of weeds and debris;
SUBJECT'M.
1 . Gener_l and special taxes and assessments for the c, --crit
fiscal tax year and any and all unpaid bonds and/or assessments;
2. All covenants, conditions, restrictions, reservations, richts,
Tights-of-way and easements recorded against the Property and all
other matters of record or apparent;
3. The restriction and covenant in favor of all other P-�
included within the Association that the Grantee shall not plat ^
structures, plant any trees or bushes, or subdivide or grade the
2
Property, or perform or cause to be performed any other act which is
inconsistent with either or both (i) the passive ownership by Grantee
of the Property as and for ridgeline preservation purposes only,
which passive ownership for ridgeline preservation purposes only is
the express intent of the Grantor in making this gift, or (ii) the use
and maintenance of the Property by the members of the Association
consistent with any of the foregoing reservations and exceptions;
provided, however, that this restriction and covenant shall not apply
to nor limit the owner(s) of the residential lot(s) benefited by' the
driveway easements described in reservation and exception A above;
4. The condition that Grantee shall construct, set and maintain
a brass plaque set on a waist-high riverstone base recognizing the
gift of the Property to the Grantee at an appropriate place along the
Trail; and
5. The condition subsequent, coupled with the power of
termination of fee title, that if Grantee, or its authorized successor in
interest as provided herein, attempts to sell or in any way transfer
ownership of the Property, to other than a governmental entity or
special district which acknowledges in writing prior to such transfer
to be bound fully by this condition, then title to the Property shall
revert to Grantor.
IN WITNESS WHEREOF, Grantor has caused this instrument to be
executed as of this ,Jif day of November, 1987.
"Grantor"
O BILL PROPERTIES, a
California Limited partnershi
Robert O 111j ], gcncral partner
BEAR BRAND RANCH COMPANY, a
California limited partnership77
By:
Robert O }Till. gena/al partner
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AGREEMENT
This Agreement is made this 11th day of August. 1987, by and
between the City of San Juan Capistrano, hereinafter referred to
as "City", and O Hill Properties, a California limited
partnership, and Bear Brand Ranch Company, a California limited
partnership, herein referred to collectively me 110 Hill/BBRC".
1
RECITALS
A. Since September 1, 1978, 0 Hill/BBRC has owned for
investment purposes certain real property, within the
unincorporated portion of the County of Orange, more particularly
described as Assessor's Parcel No. 66-110-41, as.shown on the
County of Orange 1986/1987 Assessor's Roll. In order to make the
property more marketable to a developer, 0 Hill/BBRC recently
obtained a sone change and on June 4, 1986, a tentative tract map
approval from the County of Orange commonly referred to as
Tentative Nap No. 12026 ("TN 12026"), as shown on Exhibit "A"
attached. O Rill/BBRC intends through a sale or exchange to
transfer TN 12026 to a developer, hereinafter referred to as
"Developer", who will record s subdivision map and grade and
improve TM 12026.
B. One of the parcels of land located within TN 12026 and
identified as Lot B therein is approximately 24 acres ('Lot B").
C. Lot B is located within an unincorporated area but within
the Laguna Niguel Community Service District and the City's sphere
of influence. On January 21, 1987, a petition was filed with the
Local Agency Foundation Commission of the County of Orange
("LAFCO") to include the boundaries of TH 12026 including Lot B in
a newly incorporated city, commonly referred to as Laguna Niguel.
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4t
%
On April 21, 1987, the City filed a petition with LAFCO for the
annexation of certain lands known as the "Westside Annexation",
which also includes Lot B.
D. City is concerned that the new City of Laguna Niguel might
approve residential development within Lot B.
E. City desires to restrict the grading and development on
Lot B to preserve the ridgeline within Lot B from adverse visual
impacts from the City and 0 Hill/BBRC desires to preserve Lot B as
a scenic open apace and trail amenity for the people of the County
of Orange and more specifically for the citizens, property owners
and families living within the communities of Laguna Niguel, San
Juan Capistrano, Dana Point, Monarch Beach and Bear Brand Ranch.
F. 0 Hill/BBRC desires that Lot B not be annexed into the
City but remain in the Laguna Niguel Community Service District.
NOW, THEREFORE, BE IT MMALLY RESOLVED between City and 0 i
Hill/BBRC as follows:
1. Amendment of Annexation Petition. City shall amend its
LAFCO annexation petition and use its best efforts to exclude from
the Westside Annexation all portions of the land covered by TM
12026, except a-strip of land which is east of the eastern
boundary line of Lot 75 of Tract 9880 (9 Old Ranch Road), and east i
of the northerly prolongation of said boundary line as more
particularly shown in Exhibit "B" attached hereto (the "Strip") .
2. 0 Hill/BBRC Conveyance of Lot B to City. I
(a) 0 Hill/BBRC shall complete the donation and gift to
City of fee title to Lot B within the (10) days following the
first to occur of the following events:
(1) Completion by Developer of all improvements
shown on TM 12026 and/or not forth in Conditions of Approval
imposed by the County of Orange on TM 12026;
(2) Five (5) years from the execution of this
Agreement, provided City shall have a continuing obligation under
this Agreement to allow the improvements to Lot B as contemplated
by TM 12026.
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✓ (b) Vithin ten (10) days following the execution of this
Agreement, 0 Rill/ESRC shall deposit into an escrow account, at
the offices of Continental Land Title ("Escrow Officer"), an
executed and acknowledged deed to Lot Is together with irrevocable
escrow instructions setting forth the conditions precedent set
forth in Section 2(a) above, and requiring Escrow Officer to
deliver such deed to City within ten (10) days following the first
to occur of such conditions precedent. Escrow fees and charges
shall be paid by City.
3.VTitle to Lot B. 0 Hill/BBRC shall deliver title to Lot B
to City subject to the following exceptions, encumbrances, and
restrictions, which shall also be enforceable by Bear Brand Ranch
Community Association:
(a) Five (5) driveway easements over portions of Lot S
providing access to and from certain residential lots to the
future extension of Old Ranch Road, as shown in Exhibit A
attached. City agrees not to acquire or extinguish such driveway
easements unless such residential parcels acquire alternate means
of access to and from Old Ranch Road.
(b) The rights of the Bear Brand Ranch Community
Association Members, and the residents of Laguna Miguel, Dana
Point, Monarch Beach and San Juan Capistrano to use a
hiking/equestrian trail through Lot H which trail is a link in the j
hiking/equestrian trail for the Bear Brand Ranch.
(c) The rights of the Bear Brand Ranch Community
Association in enter upon Lot B for the purposes of (i) landscape
maintenance including the repair and replacement of irrigation,
and the replacing of trees, bushes and ground cover consistent
with the conceptual landscape plan approved in conjunction with TM,
12026, (11) hiking/equestrian trail maintenance, provided, the
width of the trail may not be increased to exceed a width of
sixteen (16) feet and (iii) the moving and removal of weeds and
debris.
(d) The restriction that City shall not place any
structures, plant any trees or bushes on Lot B or subdivide or
-3-
Brad* Lot B or do any other act which is inconsistent with the
Intended passive ownership by City for open space purposes or the
intended use and maintenance by the Bear Brand Ranch Community and
its Association.
(e) The condition that City construct and not a brass
plaque set on a waist-high riverstone base recognising the gift of
Lot B to City at an appropriate place along the trail.
(f) The condition subsequent coupled with power of
termination of fee title that if City or its successors in
interest attempts to sell or in any way transfer ownership to Lot
B (to other than a governmental entity or special district which
acknowledges in writing prior to such transfer to be bound fully
by this Agreement in a form approved by 0 Hill/BBRC or it■
successors in interest), then title to Lot B shall revert to 0
Hill/BBRC or its successor in interest.
4. Grading. At such time as Developer desires to grade for
and construct the extension of Old Ranch Road, City shall,
provided the Strip has been annexed to City, grant such approvals
to Developer •s may be necessary to grade for and construct the `
extension to Old Ranch Road. TH 12026 along its eastern boundary
shows two areas of offaite grading as shown in Exhibit A. City
shall, in a timely manner, provided such offsite area has been
annexed, provide any needed permits and use City's best efforts to
allow the eastern offsite grading. City acknowledges that severe
monetary damage will occur to Developer and 0 Hill/BBRC in the
event such offsite grading is delayed.
5. Continuing Obligation. City and 0 Hill/BBRC shall be
obligated to abide by all conditions and approvals given by the
County of Orange in connection with TM 12026.
6. Binding Effect. This Agreement shall inure to the benefit `
of, and shall be binding upon, the parties hereto and their
respective legal representatives, successors and assigns. 1
✓7. Amendment. This Agreement may only be amended by the
written consent of all of the parties to this Agreement at the
time of such amendment.
-4-
g Time of Essence. Time is of the essence of this Agreement
and the provisions contained herein and each and every provision
hereof.
9. Governing Lay. Subject to the specific terms of this
Agreement, the validity, interpretation and performance of this
Agreement shall be controlled by and construed under the laws of
the $tete of California.
10. Negotiated Transaction. The provisions of this Agreement
were negotiated by all parties and drafts of this Agreement were
prepared by all parties hereto and This Agreement shall be deemed
to have been drafted by all the parties hereto.
11. Attorney's Pees. In the event of any controversy arising
or any claim or action concerning the subject matter of this
Agreement or the rights and the duties of any party, the
prevailing party in such matter shall be entitled to reasonable
attorneys' fees and court costs, whether or not such controversy
or claim is litigated and/or prosecuted to judgment.
12. pronouns. All pronouns and any variations thereof shall
be deemed to refer to the masculine, feminine or neuter, singular
or plural, as the identity of the person, persons, entity or
entities may require.
13. motion Readings. Captions at the beginning of each
i
numbered section or paragraph of this Agreement are solely for the
convenience of the parties hereto and shall not be deemed part of
the context of this Agreement.
14. Right to Enforce Agreement. Upon the breach of any term
of this Agreement, either party shall have the right to
specifically enforce the terms hereof.
15. Adoption of Agreement. This Agreement will be adopted by
Resolution of the City Council of the City at its regular meeting
of August 16, 1987, as a regularly scheduled agenda item for such
meeting and such approval shall also be approval of the manner of
execution of this Agreement.
1
,5_ �
15. Entry foto A.r..._-.
represents that ithas
Each party to this Agreenent
Agreement and that h stthe Cityauthority and power to enter into the
adopted in conformarstement Code with the Municipal such Code o the
Cithas been duly
oy.
CITY OF JUAN CAPISTRANO
ATTEST: By 4 s�^Gfl-17�
ANTHONY L D, MAYOR
ER, C2 CLE 0 HILL PROPERTIES
APPROV FORM:
iL By
JOHN SHA IT ATIO Robert 0 Hilly General partner
I
BEAR BRAND RANCH COMPANY
By
Robert 0 Hill, General Part
ners
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Exhibit 'g• w '
I
i
ACRMDmNT
This Agreement is Made this 11th day of August, 1987, by and
between the City of San Juan Capistrano, hereinafter referred to
as "City", and 0 Hill Properties, • California limited
partnership, and Dear Brand Ranch Company, • California limitedpartnership, herein referred to collectively as if Hill/BBRC".
RECITALS
i
A. Since September 1, 1978, 0 Hill/BBRC has ownedforinvestment purposes certain real property, within the
unincorporated portion of the County of Orange, more particularly
described as Assessor's Parcel No. 86-110-41, as.ehowo on the
County of Orange 1986/1987 Assessor's Roll. In order to Make the
property more marketable to a developer, 0 Hill/BBRC recently
obtained a sone change and on June 4, 1986, a tentative tract map
approval from the County of Orange commonly referred to as
Tentative Map No. 12026 ("TPI 12026"), as shown on Exhibit "A"
attached. O Hill/BBRC intends through a sale or exchange to
transfer TM 12026 to a developer, hereinafter referred to as
"Developer", who will record a subdivision map and grade and
improve TM 12026.
B. One of the parcels of land located within TN 12026 and
Identified as Lot B therein is approximately 24 acres ("Lot B") .
C. Lot B is located within an unincorporated area but within
the Laguna Niguel Community Service District and the City's sphere
of influence. On January 21, 1987, a petition was filed with the
Local Agency Foundation Commission of the County of Orange
("LAFCO") to include the boundaries of TM 12026 including Lot B in
a newly incorporated city, commonly referred to as Laguna Niguel.
On April 21, 1987, the City filed a petition with LAFCO for the
annexation of certain lands known as the 'Vestside Annexation",
which also includes Lot B.
D. City is concerned that the new City of Laguna Niguel might
approve residential development within Lot B.
L. City desires to restrict the grading and development on
Lot B to preserve the ridgeline within Lot B from adverse visual
impacts from the City and 0 Hill/BBRC desires to preserve Lot B as
a scenic open space and trail amenity for the people of the County
of Orange and sore specifically for the citizens, property owners
and families living within the communities of Laguna Niguel, San
Juan Capistrano, Dana Point, Monarch Beach and Bear Brand Ranch.
F. 0 Hill/BBRC desires that Lot B not be annexed into the
City but remain in the Laguna Niguel Community Service District.
NOW, THEREFORE, BE IT MUTUALLY RESOLVED between City and 0
Hill/BBRC as follows:
1. Amendment of Annexation Petition. City shall &send its
LAFCO annexation petition and use its beet efforts to exclude from
the Westside Annexation all portions of the land covered by TM
12026, except &•strip of land which is east of the eastern
boundary line of Lot 75 of Tract 9880 (9 Old Ranch Road), and east j
of the northerly prolongation of said boundary line as more
i
particularly shown in Exhibit "B" attached hereto (the "Strip").
2. 0 Hill/BBRC Conveyance of Lot B to City.
,e`� (a) ' 0 Hill/BBRC shall complete the donation and gift to
City of fee title to Lot B within the (10) days following the
first to occur of the following events:
(1) Completion by Developer of all improvements
shown on TM 12026 and/or set forth in Conditions of Approval
imposed by the County of Orange on TM 12026;
(2) Five (5) years from the execution of this
Agreement, provided City shall have a continuing obligation under
this Agreement to allow the improvements to Lot B as contemplated
by TM 12026.
_2-
f
✓ (b) Vithin tan (10) days following the execution of this
Agreement, 0 Bill/BBRC shall deposit into an escrow account, at
the offices of Continental Land Title ("Escrow Officer"), an
executed and acknowledged deed to Lot Is together with irrevocable
escrow instructions setting forth the conditions precedent set
forth in Section 2(a) above, and requiring Escrow Officer to
deliver such deed to City within ten (10) days following the first
to occur of such conditions precedent. Escrow fees and charges
shall be paid by City.
3.,/Title to Lot S. 0 Bill/BBRC shall deliver title to Lot B
to City subject to the following exceptions, encumbrances, and
restrictions, which shall also be enforceable by Bear Brand Ranch
Community Association:
(a) Five (5) driveway easements over portions of Lot B
providing access to and from certain residential lots to the
future extension of Old Ranch Road, as shown in Exhibit A
attached. City agrees not to acquire or extinguish such driveway
easements unless such residential parcels acquire alternate means
of access to and from Old Ranch Road.
(b) The rights of the Bear Brand Ranch Community
Association Members, and the residents of Laguna Miguel, Dana
Point, Monarch Beach and San Juan Capistrano to use a
hiking/equestrian trail through Lot B which trail is a link in the j
hiking/equestrian trail for the Bear Brand Ranch.
(c) The rights of the Bear Brand Ranch Community
Association to enter upon Lot B for the purposes of (i) landscape
maintenance including the repair and replacement of irrigation,
and the replacing of trees, bushes and ground cover consistent
with the conceptual landscape plan approved in conjunction with TM.
12026, (11) hiking/equestrian trail maintenance, provided, the
width of the trail may not be increased to exceed a width of
sixteen (16) feet and (iii) the mowing and removal of weeds and
debris.
(d) The restriction that City shall not place any
structures, plant any trees or bushes on Lot B or subdivide or
-3-
grade Lot B or do any other act which is inconsistent with the
intended passive ownership by City for open space purposes or the
intended use and maintenance by the bear Brand Ranch Community and
its Association.
(a) The condition that City construct and set a brass
plaque set on a waist-high riverstone base recognizing the gift of
Lot B to City at an appropriate place along the trail.
(f) The condition subsequent coupled with power of
termination of fee title that if City or its successors in
interest attempts to sell or in any way transfer ownership to Lot
B (to other than a governmental entity or special district which
acknowledges in writing prior to such transfer to be bound fully
by this Agreement in a form approved by 0 Bill/BBRC or its V
successors in interest), then title to Lot B shall revert to 0
Hill/BBRC or its successor in interest.
4. Grading. At such time as Developer desires to grade for
and construct the extension of Old Ranch Road, City shall,
provided the Strip has been annexed to City, grant much approvals
to Developer as may be necessary to grade for and construct the
extension to Old Ranch Road. TM 12026 along its eastern boundary
shows two areas of offsite grading as shown in Exhibit A. City
shall, in a timely manner, provided such offsite area has been
annexed, provide any needed permits and use City's best efforts to
allow the eastern offsite grading. City acknowledges that severe
monetary damage will occur to Developer and 0 Hill/BBRC in the
event such offaite grading is delayed. 1
5. Continuing Obligation. City and 0 Hill/BBRC shall be
obligated to abide by all conditions and approvals given by the
County of Orange in connection with TM 12026.
6. Binding Effect. This Agreement shall inure to the benefit
of, and shall be binding upon, the parties hereto and their
respective legal representatives, successors and assigns.
-/ 7. Amendment. This Agreement may only be amended by the
written consent of all of the parties to this Agreement at the ,
time of such amendment. 4
-4-
Time of Esssoce. Time is of the essence of this Agreement
and the provisions contained herein and each and every provision
hereof.
9. Governing Lay. Subject to the specific terms of this
Agreement, the validity, interpretation and performance of this
Agreement shall be controlled by and construed under the lava of
the State of California.
10. Negotiated Transaction. The provisions of this Agreement
were negotiated by all parties and drafts of this Agreement were
prepared by all parties hereto and This Agreement shall be deemed
to have been drafted by all the parties hereto.
11. Attorney's Fees. In the event of any controversy arising
or any claim or action concerning the subject matter of this
Agreement or the rights and the duties of any party, the
prevailing party in such matter shall be entitled to reasonable
attorneys' fees and court costs, whether or not such controversy
or claim is litigated and/or prosecuted to judgment.
12. Pronouns. All pronouns and any variations thereof shall
be deemed to refer to the masculine, feminine or neuter, singular
or plural, as the identity of the person, persons, entity or
entities may require.
13. Caption Readings. Captions at the beginning of each
i
numbered section or paragraph of this Agreement are solely for the
convenience of the parties hereto and shall not be deemed part of
the context of this Agreement.
14. Right to Enforce Agreement. Upon the breach of any term
of this Agreement, either party shall have the right to
specifically enforce the terms hereof.
15. Adoption of Agreement. This Agreement will be adopted by
Resolution of the City Council of the City at its regular meeting
of August 16, 1987, as a regularly scheduled agenda item for such
meeting and such approval shall also be approval of the manner of
execution of this Agreement.
i
-5-
15. Entry into ereement, Each part
represents that it has the authorityy to this Outer
int
AYreament and that as to the Cit u and rover to enter nto the
ch
adopted in conformance vith the MunicipalCodCoda o has been duly
Coda of the City,
CITY OF JUAN CAPISASTTRRANOO
ATTEST: By
ANTHONY L D. MAYOR
0 ER, C1 CLERK 0 HILL PROPERTIES
APPROV FORM;
JOHN 1T ATTO lt�ob�ertill 'r"
General Partnerr
BEAR BRAND RANCH COMPANY
By
Robert 0 Hill, General Partner
s
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Exhibit "B"
I
II
AGENDA ITEM August 11, 1987
TO: City Council
FROM: Stephen B. Julian, City Manager
SUBJECT: Preannexation Agreement, O. Hill Company
SITUATION
A. Summary and Recommendation - The attached preannexation agreement addresses
City protection of that portion of the Bear Brand ridgeline which is within Tentative
Tract 12026. The agreement provides for the tract owner to give fee title of the
ridgeline to the City in return for the City's agreement to allow the ridgeline to be
in the future City of Laguna Niguel. The owner, O. Hill Properties, will be able to
satisfy its objective of keeping all of the tentative tract within Laguna Niguel. The
City will achieve its objective of preventing grading and development of the
ridgeline through the absolute control afforded by fee ownership. Staff recommends
that the proposed preannexation agreement be approved.
B. Background - Key provisions of the proposed preannexation agreement are as
follows:
1. The open space lot known as Lot B within Tentative Tract 12026, which is
located predominately along the major ridgeline to the west of the City, is to
be donated by the developer to the City in order to preserve a scenic resource
for the public.
2. The City will amend its westside annexation boundary to exclude Tentative
Tract 12026 with the exception of that portion of Lot B which extends east of
the ridgeline and lies adjacent to Tract 9880. The developer has agreed that
this segment of Lot B may be annexed in order to provide for a more orderly
boundary between the City of San Juan Capistrano and the future City of
Laguna Niguel.
3. Both the City and the tract developer are obligated to abide by the County
approvals of Tentative Tract 12026. Thus, the City will allow two lots located
in saddle areas on the ridgeline to remain outside City jurisdiction and will
permit only necessary grading for the development of these lots. The
developer is obligated to live within the constraints of the County approval by
not exceeding ridgeline development already approved.
4. The open space land to be gifted to the City will be held in escrow until the
physical improvements to Tract 12026 affecting Lot B have been completed
but, in no event, longer than five years.
5. The City is obligated to allow five driveways to cross Lot B in order to allow
the large estate lots on the east side of the ridge to have access to Old Ranch
Road, which is located on the west side. Thus, the City agrees to allow up to
five driveway easements to cross its open space lot on top of the ridge.
Agenda Item -2- August 11, 1987
6. The City agrees to allow the Bear Brand Ranch Community Association and
other members of the public to use the hiking and equestrian trails to be
constructed on Lot B. The City also agrees to allow the Bear Brand Ranch
Community Association to maintain Lot B.
7. The City is prohibited from building any structures, subdividing, or otherwise
developing Lot B.
8. In the event that the City proposes to dispose of Lot B by transfering
ownership to other than a governmental agency, its title must revert to the
present owner.
9. The City must allow the grading necessary to extend Old Ranch Road from
Tract 9880 into Tentative Tract 12026 if said grading extends into that portion
of Lot B to be annexed.
The City's interest in annexing the portion of Tentative Tract 12026 that covers the
ridgeline is to ensure that the ridgeline be protected from grading and
development. City ownership of the ridgeline affords the highest level of protection
even though this area is located within another political jurisdiction. This
preannexation agreement is recommended for approval on the basis that ownership
of the land is a much more effective method of achieving the City's interest in the
matter than annexation.
PUBLIC NOTIFICATION
Robert O. Hill
COMMUNITY REDEVELOPMENT AGENCY
Not applicable.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
The landowner has included provisions in the agreement he feels are needed to derive an
income tax benefit from the donation of the property to a public agency. One such
provision requires the City to provide appropriate monumentation of the gift on the
property. This will result in a nominal expense to the City which can not be precisely
determined at this time.
ALTERNATE ACTIONS
1. Approve the preannexation agreement.
0
Agenda Item -3- August 11, 1987
2. Do not approve the preannexation agreement.
3. Refer to staff with other direction.
RECOMMENDATION
Adopt the resolution approving the preannexation agreement, and authorize the mayor to
execute it on behalf of the City Council.
Respe ully suba
Stephen B. Jul'
City Manage
SBJ:TGM:IcI
Attachment
GLL/AI81187
• • Coo • 3o
RESOLUTION NO. 87-8-11-1
APPROVING PRE-ANNEXATION AGREEMENT - O. HILL PROPERTIES
AND BEAR BRAND RANCH TENTATIVE TRACT 12026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING A PRE-
ANNEXATION AGREEMENT WITH THE O. HILL PROPERTIES AND
BEAR BRAND RANCH COMPANY REGARDING TENTATIVE
TRACT MAP 12026
WHEREAS, the O. Hill Properties and Bear Brand Ranch Company own certain
real property, more particularly described as Assessor's Parcel No. 86-110-41, as shown
on the County of Orange 1986/1987 Assessor's Roll. O. Hill Properties and Bear Brand
Ranch Company recently obtained tentative tract map approval from the County of
Orange, commonly referred to as Tentative Tract Map No. 12026; and,
WHEREAS, O. Hill Properties and Bear Brand Ranch Company desire to grade
and improve Tentative Tract Map 12026; and,
WHEREAS, Lot B of Tentative Tract Map 12026 is located outside the City of
San Juan Capistrano but within the City's sphere of influence; and,
WHEREAS, City has filed a petition for annexation of certain lands known as
the "Westside Annexation" with the County of Orange Local Agency Formation
Commission, which said petition includes Tentative Tract Map 12026; and,
WHEREAS, O. Hill Properties and Bear Brand Ranch Company agree to donate
to the City fee title to Lot B, Tentative Tract Map 12026 provided the City amends its
LAFCO annexation petition to exclude all portions of land covered by Tentative Tract
Map 12026 except a strip of land at the southern end of Tentative Tract Map 12026, as
set forth in paragraph 2 of the Pre-Annexation Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano hereby approves the proposed agreement between the City and O.
Hill Properties and Bear Brand Ranch Company as presented to the City Council for
review in the staff report. Said agreement is on file in the City Clerk's office.
PASSED, APPROVED, AND ADOPTED this 11th day
of August , 1987.
/ •� cJr�/
ANTHONY L. B AND, MAYOR
ATTEST:
CITY CLE
-1-
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. 87-8-11-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 11th day
of August , 1987, by the following vote:
AYES: Councilmen Fries, Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilmen Schwartze and Buchheim
(SEAL) z�
MARY AN ANOVE CITY CLERK
-2-
L
RESOLUTION NO. 87-8-11-1, APPROVING PRE-ANNEXATION
AGREEMENT - O. HILL PROPERTIES AND BEAR BRAND
RANCH TENTATIVE TRACT 12026 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A PRE-ANNEXATION AGREEMENT
WITH THE O. HILL PROPERTIES AND BEAR BRAND RANCH
COMPANY REGARDING TENTATIVE TRACT MAP 12026
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer
and Mayor Bland
NOES: None
ABSENT: Councilmen Schwartze and Buchheim
The Mayor and City Clerk were authorized to execute the agreement on behalf of
the City.
Council complimented staff and residents for their efforts in finalizing the
Agreement and requested that LAFCO be made aware of the Agreement.
A URNMENT
There bein o further business be re the ouncil, the meeting was ad' rned at 8:28
p.m., to the ne regular meeting ate f Tue ay, August 18, 1987 :00 p.m., in the
City Council Cham r.
Resp ctfully submit
Y N HANOVER, CITY CLERK
ATTEST:
ANTHO L. BLAND, MAYOR
-2-
8/11/87
AUGUST 11, 1987
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano,
California, was called to order by :Mayor Bland at 8:15 a.m., in the. City Council
Chamber.
ROLL CALL PRESENT: Anthony L. Bland, Mayor
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
ABSENT: Lawrence F. Buchheim, Mayor pro tem
Phillip R. Schwartze, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard, Assistant City
Manager; Mary Ann Hanover, City Clerk; Thomas G. Merrell, Director of Community
Planning and Development.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. PRE-ANNEXATION AGREEMENT, LOT B TRACT 12026
O. HILL COMPANY BEAR BRAND RANCH COMPANY (600.30)
Written Communications:
Report dated August 11, 1987, from the City Manager, forwarding an agreement
with O. Hill Properties, wherein the City will receive a gift of fee title to the open
space known as Lot B of Tentative Tract 12026, which will include an improved trail
system. The City will amend its Westside ,Annexation boundary to exclude Tentative
Tract 12026, with the exception of that portion of Lot B which extends east of the
ridgeline and lies adjacent to Tract 9880. The City and developer will be obligated
to abide by the County approvals of the Tract; therefore, two lots located in saddle
areas on the ridgeline will remain outside City jurisdiction. The developer will not
exceed ridgeline development already approved. The City will be obligated to allow
five driveways to cross Lot B in order to allow the large estate lots on the east side
of the ridge access to Old Ranch Road.
An exhibit depicting Tentative Tract 12026 was on display and the Director of
Community Planning and Development made an oral presentation.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the
following Resolution be adopted:
-1-
8/11/87
\moti
TION NO. 87-8-I1-1, APPROVING PRE-ANNEXATION
ENT - O. HILL PROPERTIES AND BEAR BRAN
TENTATIVE TRACT 12026 - A RESOLUTION OFT E
OUNCIL OF THE CITY OF SAN JUAN CAP[STR O,
RNIA, APPROVING A PRE-ANNEXATION' , 4E:NT
HE O. HILL PROPERTIES AND BEAR BRAND ANCH
NY REGARDING TENTATIVE TRACT MAP 12 6
rried by the following vote:
Councilmen Friess, Hausdorfer
and Mayor Bland
one
ABSENT: C ncilmen Schwartze and B chheim
The Mayor and City'�Ierk were authorize to execute the agreement on behalf of
the City.
Council complimented s�ff and r idents for their efforts in finalizing the
Agreement and requested tlgat LAF be made aware of the Agreement.
ADJOURNMENT
There being no further business b e the Council, the meeting was adjourned at 8:28
p.m., to the next regular meetin dat of Tuesday, August 18, 1987, at 7:00 p.m., in the
City Council Chamber.
Respecully submitted,
MARY ANN H NOVER, CITY CLERK
ATTEST:
ANTHONY . BLAND, MAYOR
-2-
8/11/87
i
AU UST 11, 1987
ADJOURNED REGULAR MEETING OF THE CITY C CIL
OF THE CITY OF SAN UAN CAPISTRANO, C ORNIA
The Adjourned Regular M mg of the City Coun of the City of San Juan Capistrano,
California, was called to or by . ayor B d at 8:15 a.m., in the City Council
Chamber.
ROLL CALL PRESENT: t ony land, Mayor
Ken eth E. Fr , Councilman
Gar L. Hausdorfe , ouncilman
SENT: Law nce F. Buchheim, May ro tem
Phill R. Schwartze, Councilma
STAFF PR NT: Stephen B. Julian, City Manager; Glenn Southard, As ' tant City
Manager- ary Ann Hanover, City Cle k; Thomas G. Merrell, Director of Co unity
Plann' and Development.
MINISTRATIVE ITEMS
CITY MANAGER
1. PRE-ANNEXATION AGREEMENT, LOT B TRAPANYCT 12026
O. HILL COMPANY/BEAR BRAND RANCH COM (600.30)
Written Communications:
Report dated August 11, 1987, from the City Manager, forwarding an agreement
with O. Hill Properties, wherein the City will receive a gift of fee title to the open
space known as Lot B of Tentative Tract 12026, which will include an improved trail
system. The City will amend its Westside Annexation boundary to exclude Tentative
Tract 12026, with the exception of that portion of Lot B which extends east of the
ridgeline and lies adjacent to Tract 9880. The City and developer will be obligated
to abide by the County approvals of the Tract; therefore, two lots located in saddle
areas on the ridgeline will remain outside City jurisdiction. The developer will not
exceed ridgeline development already approved. The City will be obligated to allow
five driveways to cross Lot B in order to allow the large estate lots on the east side
of the ridge access to Old Ranch Road.
An exhibit depicting Tentative Tract 12026 was on display and the Director of
Community Planning and Development made an oral presentation.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the
following Resolution be adopted:
1
8/11/87
AGENDA ITEM August 4, 1987
TO: Honorable Mayor and City Council
FROM: Stephen B. Julian, City Manager
SUBJECT: Preannexation Agreement - Bear Brand Ranch Hillside Property
(Christensen/Hill)
SITUATION
A. Summary and Recommendation - Staff has completed negotiations with the property
owners of Parcel Map 85-128 located on the hillside above Peppertree Bend
(Attachment A). The attached preannexation agreement permits some grading and
development of a residence on a portion of the site provided the property will be
annexed to the City. Staff recommends the Council approve the preannexation
agreement.
B. Background - The property owners have processed a tentative parcel map to
subdivide the property into three lots. The partnership was formed between the
Christensens, the O. Hill Co., and John C. Davis to process all development plans.
The partnership is in the process of obtaining a grading permit from the County of
Orange. The City has been working with the property owners to resolve our
concerns regarding the grading. The Christensens intend to build a home for their
family upon completion of the grading.
C. Staff Analysis - The attached agreement permits grading of the site as shown on a
compromise plan, construction of a residence and accessory structures for the
Christensen family. The partnership agrees to not oppose the City's annexation of
85-128 into the City.
PUBLIC NOTIFICATION
None.
COMMUNITY REDEVELOPMENT AGENCY
Not applicable.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
Not applicable.
ALTERNATE ACTIONS
1. Approve the preannexation agreement.
2. Refer back to staff. 1
H/d
N 40
Agenda Item -2- August 4, 1987
RECOMMENDATION
By motion, adopt the attached resolution approving the preannexation agreement for
Parcel Map 85-128.
Respe tfully sub ,
to en B. 7u an
City Manager
SBJ:lcl
GLL/SP/AI8487
Attachments
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A PREANNEXATION
AGREEMENT WITH THE CHRISTENSENS JOHN C. DAVIS AND
THE O. HILL CO. REGARDING PARCEL MAP 85-128
WHEREAS, Christensens own a one-third (1/3) general partnership interest in
PM 85-128, a California general partnership ("Partnership") and JCD/O Hill own the
remaining two-thirds (2/3) Partnership interest. Partnership owns certain real property,
more particularly described as Assessor's Parcel No. 121-100-43, as shown on the County
of Orange 1985/1986 Assessor's Roll, commonly referred to as Parcel Map 85-128 (1185-
128"), located outside the City limits but within the City's sphere of influence; and,
WHEREAS, a tentative parcel map has been approved by the County of Orange
for the subdivision of 85-128 into three parcels; and,
WHEREAS, Christensens and JCD/O Hill desire that a grading permit be
obtained from the County of Orange so Partnership can begin remedial grading activity
on 85-128; and,
WHEREAS, Christensens intend to build a home for themselves and their
family on Parcel 2 after completion of the remedial grading on 85-128; and,
WHEREAS, City has filed a petition for annexation of certain lands known as
the "Westside Annexation" with the County of Orange Local Agency Formation
Commission, which said petition includes 85-128; and,
WHEREAS, Christensens and JCD/O Hill agree to not oppose City's annexation
of 85-128 in exchange for City's commitment to allow and support grading on 85-128 and
the construction of Christensen's residence as set forth under the terms and conditions of
paragraph 2 of the Preannexation Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano hereby approves the proposed agreement between the City and 85-
128 partnership as presented to the City Council for review in the staff report. Said
agreement is on file in the City Clerk's office.
PASSED, APPROVED, AND ADOPTED this day
of , 1987.
ANTHONY L. BLAND, MAYOR
ATTEST:
CITY CLERK
-1-
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. adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the day
of , 1987, by the following vote:
AYES:
NOES:
ABSENT:
(SEAL)
MARY ANN HANOVER, CITY CLERK
GLL/SP/RES08487
-2-
PARCEL
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I' ' i TENTATIVE PARCEL MAP
RESOLUTION NO. 87-8-4-3
APPROVING A PRE-ANNEXATION AGREEMENT - PARCEL MAP 85-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING A PRE-
ANNEXATION AGREEMENT WITH DENNIS AND NANCY
CHRISTENSEN, JOHN C. DAVIS, AND THE O. HILL COMPANY
REGARDING PARCEL MAP 85-128
WHEREAS, Dennis and Nancy Christensen own a one-third (1/3) general
partnership interest in Parcel Map 85-128, a California general partnership
("Partnership") and John C. Davis/O. Hill own the remaining two-thirds (2/3) Partnership
interest. Partnership owns certain real property, more particularly described as
Assessor's Parcel No. 121-100-43, as shown on the County of Orange 1985/1986 Assessor's
Roll, commonly referred to as Parcel Map 85-128, located outside the City limits but
within the City's sphere of influence; and,
WHEREAS, a tentative parcel map has been approved by the County of Orange
for the subdivision of Parcel Map 85-128 into three parcels; and,
WHEREAS, Dennis and Nancy Christensen and John C.Davis/O. Hill desire that
a grading permit be obtained from the County of Orange so Partnership can begin
remedial grading activity on Parcel Map 85-128; and,
WHEREAS, Dennis and Nancy Christensen intend to build a home for
themselves and their family on Parcel 2 after completion of the remedial grading on
Parcel Map 85-128; and,
WHEREAS, City has filed a petition for annexation of certain lands known as
the "Westside Annexation" with the County of Orange Local Agency Formation
Commission, which said petition includes Parcel Map 85-128; and,
WHEREAS, Dennis and Nancy Christensen and John C. Davis/O. Hill agree to
not oppose City's annexation of Parcel Map 85-128 in exchange for City's commitment to
allow and support grading on Parcel Map 85-128 and the construction of Christensen's
residence as set forth under the terms and conditions of paragraph 2 of the Pre-
annexation Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano hereby approves the proposed agreement between the City and the
Parcel Map 85-128 Partnership, as presented to the City Council for review in the staff
report. Said agreement is on file in the City Clerk's office.
PASSED, APPROVED, AND ADOPTED this 4th day
of August , 1987.
ANTHONY AND, MAYOR
ATTEST:
CITY CLE
-1-
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. 87-8-4-3 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 4th day
of August , 1987, by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
(SEAL)
KART ANN HA VER, CI Y LERK
-2-
Jva+,
�w
r i
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
� LAWRENCE F. OU CHHEIM
_
KENNETH UEC ORF
7 � 1961 PHILSS
GARL. .AUEC
1776 PHILUP R scHwARTZE
0 ` • CITY MANAGER
STEPHEN 8 JULIAN
August 24, 1987
Richard Turner
Local Agency Formation Commission
1200 North Main Street, Suite 215
Santa Ana, California 92701
Re: Westside and Southside .Annexations
Dear Mr. Turner:
The City Council of the City of San Juan Capistrano at its regular meeting held
August 4, 1987, took the following actions:
1. Adopted Resolution No. 87-8-4-1 applying to the Orange County Local Agency
Formation Commission to annex territory along the City's Western boundary.
This Resolution supercedes the earlier resolution of application.
2. Adopted Resolution No. 87-8-4-2 applying to the Orange County Local Agency
Formation Commission to annex territory along the City's Southern Boundary.
This Resolution supercedes the earlier resolution of application.
The City Council at its regular adjourned meeting held August 11, 1987, adopted
Resolution No. 87-8-11-1 approving a pre-annexation agreement with the O. Hill
Properties and Bear Brand Ranch Company regarding Tentative Tract Map 12026.
Certified copies of Resolutions No. 87-8-4-1, No. 87-8-4-2, and No. 87-8-11-1 are
enclosed for your records.
If we can be of further assistance, please call.
Very truly yours,
Mary Ann Hanover, CMC
City Clerk
MAH/mac
Enclosures
cc: City Manager
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
THE O.HILL COMPANY
ONE UPPER NEWPORT PLAZA
NEWPORT BEACH
CALIFORNIA 92660
(714)752-0700
August 11, 1987
HAND DELIVERED TO:
Mr. Tom Merrill
Planning Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: 0 Hill/BBRC Agreement
Dear Tom:
Per our discussion this morning, please find four revised page 4's
to eliminate the extra space shown under (f) enclosed. Please
insert these original copies of page 4 in the Agreement.
Thank you for pointing this out to me.
n rel ours,
Ob_e- r
C. Davis
JCD: saj
Enclosures