Loading...
1979-0905_CAPISTRANO VALLEY BAPTIST CHURCH_Agreement31400 PASEO ADEI.ANTO SAN JUAN CAPISTRANO, CALIFORNIA 9)675 PHONE 493.1171 September 14, 1979 Capistrano Valley Baptist Church 32032 Del Obispo Street San Juan Capistrano, California 92675 Re: Deferral of Underground Utilities - 31866 Camino Capistrano Gentlemen: At their meeting of September 5, 1979, the City Council approved the agreement to postpone the requirement -to install public improvements at 31866 Camino Capistrano. Enclosed for your files is a fully -executed copy of the agreement. The original has been forwarded to the Orange County Recorder for recordation. Thank you for your cooperation. Very truly yours, (MRS) MARY ANN HANOVER City Clerk MAH/cj cc: Harrison Negley Director of Public works "CITY COPY" r [tECORDING f!CG-"' 2 L V 3 2 BY AND NIA;1. ;;; r* 6K 13 3 16, PG .City of San Juan Ca istr 32400 Paseo Adelanto ano EXUAT � T San Juan Capistrano, CA 92675 C 3 AGREEMENT RELATING TO THE POSTPONEMENT O REQUIREMENT TO INSTALL PUBLIC IMPROVEMENT RECORDED IN OFFICISL fa'ORD: OF ORANGE COU;J7 , C. -.L! ORNI) 3G Me' 1 PM -SEP 19`�P! ae,I LEE A. BRANCH, Camly Recorder This agreement is made as of this 5th day of September 1 1979, by and between the City of San Juan Capistrano, hereinafter called "CITY" and Capistrano Valley Bapist Church, hereinafter called "Developer". I ) W I T N E S S E T H WHEREAS, Developer is the owner of certain property in the City of San Juan Capistrano described as: A portion of Lot 30 of "San Juan Capistrano and Vicinity", as shown on a map filed in Book 2, page 35 of Records of Survey, Official Records of Orange County, California; (31866 Camino Capistrano); and WHEREAS, Developer seeks the permission of the CITY to: Establish a retail furniture store and a real estate office in an existing building; and WHEREAS, the use contemplated by Developer will add to the municipal responsibilities of and require further municipal services from CITY; and WHEREAS, Developer should properly undertake his share of the aforesaid additional burdens; and WHEREAS, the City Council has heretofore declared that all overhead utilities within the City of San Juan Capistrano will, at an appropriate time, be placed underground; and WHEREAS, the requirement that Developer underground the existing overhead utilities is a reasonable condition to the granting of authority herein sought; and WHEREAS, Developer desires to postpone the actual installation and dedication of said improvements until such time as CITY shall require them. NOW THEREFORE, Developer hereby agrees that the existing utility lines will be placed underground upon call of the CITY and declares that all of the property herein described is and shall be held, conveyed, hypothecated or incumbered, leased, rented, used, occupied and improved subject to the following covenants, which shall run with the land and shall be binding upon all parties having or acquiring any right, title or interest in said lands or any part thereof; i 133 16 pG 656 1. Developer, his successors and assigns, covenant and agree that the utility lines depicted on Exhibit A attached hereto and by this reference made a part hereof, shall be placed underground on call of the CITY; 2. Accordingly, Developer further covenants and agrees that no protest shall be made to any proceedings for the installation of underground utilities, under any special assessment proceedings, whether conducted pursuant to the Improvement Act of 1911 or the Municipal Improvement Act of 1913, or any other applicable state or local law, and whether processed by the CITY or any other govern- mental entity having jurisdiction in the matter and for the purposes of determining property owners' support for such proceedings. This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns, IN WITNESS WHEREOF, the parties have executed this agreement as of the date first above written. ATTEST: '10 77 IiIIJ ,o Approved as to Form: J ES S. OKAZAKI CITY OF SAN JUAN CAPISTRANO By KENNETH E. FRIESS, MAYOR i7�+Lali[i]�aT;7 By (2) BK 13310pe AGREEMENT RELATING TO THE POSTPONEMENT OF REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS 657 AgiLeement had p)Leviou,6ty been signed on SeptembeA 5, 1979, but had not been notaAized . Signed be6o4e Notaxy Pubtic, SeptembeA 12, 1979 DEVELOPER Capi,6tAano VaUey Baptist Church By Ch l4easuAeA STATE OF CALIFORNIA On this the 12 :tz day 06 1979, 979, be6ohe --- Wo—taAy ub me, the undeAskgned P tUc-,�po appecuteiT COUNTV OF ORANGE ----------------WILLIAM K. HALL, JR ------------------------- known to me to be the person whose name is 6ubAcAibe.d to the within instrument and acknowEedged that he executed the same 6otL the putpo6ez theAein contained. IN WITNESS WHEREOF, I heAeunto set my hand and o66iciat seat. OFMCIA- SEAL I N AJ. 1A CYL) Ply f (L' ljl� - ClllL:r0R.MA C.-,,V.SE COUNTY My cm.m. expires NOV 22, 1982 Linda J. 4Eoy�d 0 W 3 0 FORS TER m y n f r m Tl �P g mrno.�j=m �M r Nm {Z.A 8K0 13 3 16 PG 0040 ry 0 x emu 658 57. Exim iT �wf * AGENDA ITEM September 5, 1979 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Agreement - Deferral of Underground Utilities At 31866 Camino Capistrano and Acceptance of Financial Surety (Capistrano Valley Baptist Church/Negley) SITUATION At their meeting of August 1, 1979, City Council waived the require- ment to underground the utilities at 31866 Camino Capistrano. This waiver was contingent upon an agreement being executed, providing for the future undergrounding of the utilities, and a bond or letter of credit being posted to cover the cost of the work. The attached agreement has been executed by the landowner, and a $1,000 cashier's check has been received in lieu of a bond. FINANCIAL CONSIDERATIONS There are no monetary costs associated with this agreement to the City. ALTERNATE ACTIONS 1. Approve the agreement relating to the postponement of the requirement to install public improvements. 2. Do not approve the agreement. 3. Request further information. RECOMMENDATION By motion, approve the agreement relating to the postponement of the requirement to install public improvements, and authorize the Mayor to execute the agreement on behalf of the City. IWRespectfully submitted, ] Mur WDM:JG/rh Encl. FOR CITY COUNCIL AGENDA .... •. 0 July 19, 1979 31531 CAMINO CAPISTRANO SAN JUAN CAPISTRANO Honorable Kenneth Friess Mayor of San Juan Capistrano, and City Councilmen. Gentlemen: #�dy� H"fyva�.v,,c. .br< 45 PU Y Of SAN IAN CAPISTRANO I seek relief from the burden placed upon me by an interpretation of the City Engineer of "Standard Existing Utility Undergrounding Policy, City of San Juan Capistrano" enacted by the City Council on March 17, 1976. This interpretation requires me to cut through a public street (Forster) and a sidewalk to underground one wire bringing power to my building at 31866 Camino Capistrano (formerly the Esslenger Building). It will not eliminate any telephone wires, nor the power wire to another section of the property nor will it eliminate any poles. My interpretation of the above policy is that it is essentially an effort to improve the esthetics of the city by getting rid of overhead wires and poles, but not at the cost of burdening someone doing work of small scope. I am in favor of undergrounding whenever possible, but I refer to guide- line #6 of the above policy which recognizes a practical level for such ....,.;e_+� 32400 PASFO ADELANTO SAN JUAN CAPIS (RANO, CALIFORNIA 92675 PNONE 4911171 February 13, 1980 Mr.. Harrison Negley 31531 Camino Capistrano San Juan Capistrano, California 92675 Re: Release of Surety - 31866 Camino Capistrano Dear Mr. Negley: At their meeting of February 6, 1980, the City.Council authorized staff to release the $1,000 surety obtained in conjunction with an agreement to defer the undergrounding of utilities at 31866 Camino Capistrano, since all undergrounding is now complete. In accordance with that action, the $1,000 cash deposit was returned to you on February 7, 1980. If you have any questions, please do not hesitate to call. Very truly yours, (MRS) MARY44N HANOVER, CMC City Clerk MAH/cj cc: Director of Public Works 0 0 AGENDA ITEM February 6, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Release of Surety, 31866 Camino Capistrano (Negley) C TTTT AT TnM At its meeting of September 5, 1979, Council authorized the Mayor to execute an agreement with the property owner to allow him to defer the undergrounding of the utilities at the above address. Council also required that a surety device, in the amount of $1,000 to be posted as part of the agreement. The property owner has now complied with the terms and conditions of the agreement by undergrounding the electrical service, and requests that the surety be released. FINANCIAL CONSIDERATIONS There are no direct costs to the City seen in this action. ALTERNATE ACTIONS 1. Authorize staff to release the surety. 2. Do not authorize staff to release the surety. 3. Refer to staff. RECOMMENDATION By motion, authorize staff to release the surety, in the amount of $1,000. Respectfully submitted, LJ �. �'�) W. D. Murphy WDM:JGG/rh FOR CITY COUNCIL AGENDA .. . . . 3;400 PASEO ADELAN70 SAN JUAN CAPISTRANO, CALIFORNIA 92675 e wf S i t a HONE 493.117Y o August 2, 1979 Mr. Harrison Negley 31.531 Camino Capistrano San Juan Capistrano, California 92675 Re: Utility Undergrounding at 31866 Camino Capistrano Dear Mr. Negley: At their meeting of August 1, 1979, the City Council received copies of your letter appealing the City Engineer's decision to require utility undergrounding at your building located at 31866 Camino Capistrano. The Council took action to waive the undergrounCing requirement with the conditions that an agreement be entered into for undergrounding at the call of the City, and that financial sureties be submitted. If you have any questions, please do not hesitate to call. Very truly yours, fMARY ANN HANOVER City Clerk MAH/cj ce: Director of Public Works x 31531 CAMINO CAPISTRANO SAN JUAN CAPISTRANO July 19, 1979 Honorable Kenneth Friess Mayor of San Juan Capistrano, and City Councilmen. Gentlemen: r RECEIVED 4ht40 3 45P"'7A r1?'{ OF SAN j`ti!<N I seek relief from the burden placed upon me by an interpretation of the City Engineer of "Standard Existing Utility Undergrounding Policy, City of San Juan Capistrano" enacted by the City Council on March 17, 1976. This interpretation requires me to cut through a public street (Forster) and a sidewalk to underground one wire bringing power to my building at 31866 Camino Capistrano (formerly the Esslenger Building). It will not eliminate any telephone wires, nor the power wire to another section of the property nor will it eliminate any poles. My interpretation of the above policy is that it is essentially an effort to improve the esthetics of the city by getting rid of overhead wires and poles, but not at the cost of burdening someone doing work of small scope. I am in favor of undergrounding whenever possible, but I refer to guide- line #6 of the above policy which recognizes a practical level for such J/ 3