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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. -1- 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. -2- (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 -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. (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. -4- 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 -6- 9ZOZL € 'ON lOdal 3Nl`drLN31 .:: : ` , ♦ :.. --a t T.Oww3 arm®eaar ..a.nar I ,. Nt - akE � dmAl"m 4 AHVVNM 101 1 s W - .... ..... \ ) .., . -�� - __ Le tee'" - � • .,. -S 71 in T - � j'�.,% �' ' 1. � 9\ '—` � -- _�;•;�. 71 Exhibit "B" t J� 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 3 ►AlAR1LmsftW STATE OF CAU NIA 1l Au s r IN pertelleby Mpnd wry p►Ks ee0 I=rald Sr1t ""b"Aly lane r at (er crew rat » er'idtem) r k r4 R�Ir I t + r` tits r4fgay ► ponetrshp• !j �� irlrYmlm a 1t/"! f t4 eed ecinovlcdrd 1.wt IMI FnIeMIp etatlnrd Y I WITNESS my hand erl0 efrt j e, OFFICIAL SEAL �s W J BROOKS ry NO'aRr DueuC CAUFORA,q 1 Sr`r1tIYR!� 4 j j opUnE (AUNTY i Mr comm -Tres App 21. 1"1 'y►PF• )rW T���/ar rW Nuur"1 ye/ I lPART%ijLl"W 0 nlr_rot Ynden-Rned.n Ne"ry Nblr m and la"d S"R. Rnnna", epey.K �Y� �O ` r.. IM n, N•..1 t-C•, u. tr Ih• ~ sin•. .__��--_ �ttr/Jn mt'y�r m.• r•L. Ay �(-L•sri' yr+r� ^n Irr;�l, r! Ihr v. one s,I c,.r trC rG it m• u.. Itr M^ a r.r.u, M-_ '_ �-"'�^-•sem.•.-��_ _ M11%1t� rt. hen.a M^h re ' ) ,. UF! i SEAL 'Z CAI Il�ryl lti\ V nll•O•rt Ie.• Q 1 \..:L � .� 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. -1- 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. -2- ✓ (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 -6- .r3oAt uane`y ter, ....:I_J I.•w:n••.]Y;,_,•_ � .. ter`: rA All • _. . __ —_- � • .' ./ is ` �.I 1 r • TRS>\ jR 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 -6- I. .ONS 3NJ�dJ 1 I ►y/war �` _:: �'gwMr.Alyea_ � a 0��c I rw�ws r�r i . ; • - .� 1 . tip �` ` ' ��• 'r. �' '� �y � •./..., .~i Mouor �� 1 7 � ����'�,.•�\ ,lam- •t. j. -•...7.5 VN ,� TR 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 lie- .,.,.)' , �.• I r ff -i.�:. \�I•.�III:f,` - il'u:;,:p.�<�y.�/'�' �./�IT'• 11 , I /J� '1'II1 .� '�'.� �! i•1 �I� 'J'`lll��'�'�I��1Ik:.�ARCELi, .� :�—> ;�:` ���' ���•;�_ 13 •14 1 f1/ tl•I i;' �,t � . t`� �' (fit9�i6,,i�(Il%�I 15 •tf �_ r.'. _ •a ' `fit ..--?.YF==,. ,;�1�; , .; I" � ,j�,q� _ 1(�tln .. •` � Z p; :.:��x�", r• '" IJP n68) 20) Y„/./,15,v it f .s 79 3�7 L�•.\�! IOwi PRO 23) �� , ••ter/ I. '. .1 ;.. 22 w Z26 " • f .. I S .ry rl , ' -_a PARCEL.. . i 26 ""A !/ _ j t a„ ; . _ ' X11 t'/ ' � - `. , ,)lin i �31 I ;is�l►»tlll ''' .... � 3Z`� ?;' I C �..ti. .. '+ PARCEi 26.3,.�G i 33,x' 35 36 37 Im 40 - / y^:11;:x,,._'-.. 'Fc- • 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