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
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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
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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