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1997-1104_DANIEL, RACHLANN_Fee Payment AgreementRecorded at the Request of and Return to: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Documentary Transfer Tax No Consideration Cheryl Job l on, 6ty Clerk City of San Juan Capistrano Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 19970568524 1; 43pm 11/07/97 005 28005086 28 49 Al2 4 6.00 9.00 0.00 0.00 0.00 0.00 FEE PAYMENT AGREEMENT PARCEL MAP 96-196, THIS AGREEMENT is between the City of San Juan Capistrano, a municipal corporation, State of California, hereinafter referred to as "CITY' and Rachelann Daniel, Trustee of the Daniel Family Trust, whose mailing address is 9450 Adelaida Road, Paso Robles, CA 93446, hereinafter referred to as "SUBDIVIDER": WHEREAS, the SUBDIVIDER has submitted Parcel Map 96-196, consisting of an existing 0.60 service station site (Parcel 1, Shell Oil) and a 9.17 acre undeveloped parcel (Parcel 2) for approval by the CITY; and, and, WHEREAS,. Drainage Area Fees are due prior to approval of a subdivision, and, WHEREAS, the SUBDIVIDER has requested deferral of Drainage Area Fees for Parcel 2; WHEREAS, the CITY has approved deferral of said fees for Parcel 2. NOW, THEREFORE, in consideration of he premises and promises herein contained, CITY and SUBDIVIDER agree as follows: CITY agrees to deferral of Drainage Area Fees until issuance of either a grading permit or a building permit, whichever occurs first. The amount of said fee shall be the established fee at the time of permit issuance. SUBDIVIDER agrees that the Drainage Area Fee will be paid by SUBDIVIDER or the heirs, successors and assigns as the case may be, at the time and in the amount described in item 1 above. The terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. SUBDIVIDER: BY: 'RACBELANN DANIEL Trustee of theDaniel Family Trust Dated November 4, 1997 (Attach Notary Acknowledgement) CITY OF SAN JUAN CAPISTRANO ATTEST: I • •�CITY CLERK APPROVED AS TO FORM: JOHN, HAW, CITY ATTORNEY i . CALIFORNIA ALL -P OSE ACKNOWLEDGMENT State of California County of San Luis Obispo On 1 O I a y 19-7 before me, L t f b+m 17`br/ Notary, personally appeared RV,ctneLA-nlN 04Nie1 Name's) of signer's) _personally known to me - OR - proved to me on the basis of satisfactory evidence.5R be the person(s) whose name(s)0s,name(s)0s,Awe subscribed to the with- in instrument,4nd acknowledged to me that he they executed the same in er their authoriz capacity(les and that by er signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, exe- cuted the instrument. LORI MpNi11T0A p ;WISSmy d nd official seal. NOTA RpA�W. B7 M SMlia W1WwL ,� ce,m FSpkggttlb of Notary Public www www ww ww wwww+www,+www OPTIONALwwws.+wwwwwwwww w: w w w x w w w w w w w w w w w w ww Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fradulenc removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT j Tide of Type of Document: PAA ft 22-0' y�+'l^�� Domment Date: 1'q1 -;l302 ? Number of Pages: �— Signer(s) Other Than Named Above:_ CAPACITY (IES) CLAIMED IBY SIGNER(S) Signers Name: &I-, � -i pryVavl AKIN"y' V Individual RIGHT THUMBPRINT Corporate Officer Title(s): _ Partner - Limited _General _ Attoryney-in-fact _ Trustee _ Guardian or Conservator Other: Signer Is representing: PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On November 5. 1997 before me, Cheryl Johnson City Clerk, personally appeared - - - Georize Scarborough - - - (SEAL) Capacity Claimed by Signer Municipal Corporate Officer City Manager Title Signer is Representing City of San Juan Capistrano 0 personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Description of Attached Document Fee Payment Agreement, Parcel Map 96-196 Title or Type of Document Two Number of Pages November 4. 1997 Date of Document Rachelann Daniel Signer(s) Other Than Named Above 0 November 7, 1997 Ms. Rachelann Daniel Daniel/Swanner Family Trust 9450 Adelaide Road Paso Robles, California 93446 Re: Final Parcel Map 96-196 Dear Ms. Daniel: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH At their meeting of November 4, 1997, the City Council of the City of San Juan Capistrano approved both the Final Parcel Map and the Fee Payment Agreement for Parcel Map 96- 196. The Fee Payment Agreement will defer drainage fees for Parcel 2 until issuance of either a grading permit or a building permit, whichever occurs first. The documents have been signed and forwarded to the Orange County Recorder's Office. A fully -executed copy of the Fee Payment Agreement is enclosed for your files. Please feel free to contact Tony Foster, project manager, at 714-443-6351, if you have any questions. Very truly yours, Cheryl/Johns CD C� City Clerk Enclosure cc: Jeff Holland, Shell Oil Products Larry Walker, Tait & Associates Engineering and Building Director Tony Foster 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 2. • AYES: Council Members Campbell, Greiner, Hart, Jones and Mayor Swerdlin None ABSENT: The Reading of all Ordinances by title onl} +as approved. OCTOBER 7. 1997 The Minutes of the Regular Meeting of October 7, 1997 were app ed as submitted. RECEIVE AND FILE WARRANTS OF OCTOBER 22- 1997 (300.30) The List of Demands dated October 22, 1997 in the total amount of $749,507.37 was of received and filed. • ► I• L: • ♦ • cul . ul \ .-►I• (►. ' U: MEN ' ovjvwx a As set forth in Report dated November 4, 1997 from the Director of Engineering and Building, the Fee Payment Agreement, which will defer Drainage Fees for Parcel 2 of Parcel Map 96-196 until issuance of either a grading or building permit; and, the Final Map 96-196 were approved. The City Clerk and City Manager were authorized to execute the Agreement and the Final Map on behalf of the City. The City Clerk was directed to forward the Agreement and Map to the Orange County Recorder. As set forthliRtpomdated November 4, 1997 from the Public Works Director, the bid from Fuller Ford in the amount 4,004.26 was accepted to provide a replacement for the vehicle currently assigned to the Wa onservation Coordinator. As set forth in the Report dated November 4, 1997 from the Public Wo Director, the submittal of a grant application to the Mobile Source Air Pollution Reduct Review Committee for the acquisition of alternative fuel vehicles utilizing 25% ($7,500.00) fr-biq AB 2766 funding was approved. It was anticipated that approximately $30,000 would City Council Minutes -3- 11/4/97 9 0 AGENDA ITEM November 4, 1997 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering and Building SUBJECT: Approval of Fee Payment Agreement and Final Map, Parcel Map 96-196, Shell Oil (North of Junipero Serra Road, East of Camino Capistrano, West of Route 5) RECOMMENDATION: By motion: Approve the Fee Payment Agreement deferring Drainage Fees for Parcell of Parcel Map 96-196 until issuance of either a grading or building permit. 2. Authorize the City Clerk and City Manager to execute the agreement, direct the City Clerk to forward the agreement to the Orange County Recorder. 2. Approve Final Map 96-196 based on the finding that the Final Map is in conformance with the Subdivision Map Act and the conditions set forth by Council Resolution No. 97-2-4-5. Authorize the City Clerk and City Engineer to execute the Final Map and direct the City Clerk to record the map with the Orange County Recorder. SITUATION: A. Summary and Recommendation: Mr Jeff Holland, representing Shell Oil Products, has proposed subdividing a 9.767 acre site (owned by the Swanner Family Trust) into two parcels. (Please refer to Attachment 1, Location Map.) Parcel 1 (0.60 acres) consists of the existing Shell Gas Station. Parcel 2 (9.16 acres) is an untended orchard. Mr. Holland and the Swanner Trust have requested a deferral of Drainage Area Fees for Parcel 2. By ordinance, the Drainage Area Fee is due with land subdivision. Staff recommends approval of the Fee Payment Agreement which defers the subject fee until issuance of a grading or building permit for Parcel 2. Presently the deferred fee amounts to $7,884. However, per the agreement, the fee is subject to the amount in affect when the aforementioned permit is issued. Mr. Holland has submitted payment of $516 for Parcel 1. Staff has reviewed the Final Map and found it to be in conformance with Attachment 3, Council Resolution No. 97-2-4-5 (approved as Tentative Parcel Map 96-141). Therefore, Staff recommends approval of the Final Parcel Map. FOR CITY COt3i1CIL AGENDA ITEM -2- November 4, 1997 B. Background: The subject property is presently owned by the Swanner Family Trust. Shell Oil has a lease for the gas station site. The property owner and Shell Oil have agreed to process the Parcel Map under review. Subdivision of the property will allow the sale of the gas station site and future development of the remaining nine acres. To date, no plans have been submitted for further development of either parcel. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: None. The Tentative Parcel Map was waived, eliminating review by the Planning Commission. FINANCIAL CONSIDERATIONS: There is no cost to the City by this action. The only fee required prior to Final Map approval is the Drainage Area fee. As noted above, a payment of $516 for Parcel 1 has been submitted along with a request for deferral of the remaining $7,884 for Parcel 2. NOTIFICATION: Shell Oil Products Company, Attention: Jeff Holland Tait and Associates (Project Engineer), Attention: Larry Walker Swanner Family Trust c/o Rachelann Daniel ALTERNATE ACTIONS: Approve the Final Map and Fee Payment Agreement. 2. Approve the Final Map, do not approve the Fee Payment Agreement. 3. Do not approve the Final Map or the Fee Payment Agreement. 4. Request additional information from Staff. • AGENDA ITEM -3- November 4, 1997 RECOMMENDATION: By Motion: 1. Approve the Fee Payment Agreement deferring Drainage Fees for Parcel of Parcel Map 96-196 until issuance of either a grading or building permit. 2. Authorize the City Clerk and City Manager to execute the agreement, direct the City Clerk to forward the agreement to the Orange County Recorder. 3. Approve Final Map 96-196 based on the finding that the Final Map is in conformance with the Subdivision Map Act and the conditions set forth by Council Resolution No. 97-2-4-5. 4. Authorize the City Clerk and City Engineer to execute the Final Map and direct the City Clerk to record the map with the Orange County Recorder. Respectfully submitted, William M. Huber Director of Engineering and Building Attachments: 1. Location Map 2. Resolution No. 97-2-4-5 3. Fee Payment Agreement shellpm Prepared by, % h. Anthony Foster Engineering Assistant A ' FHM CATION MAP zs 3t. NORTH 3� PARCEL 1 • 6TTACHMENT 2 125 RESOLUTION NO. 97-2-4-5 CERTIFYING THE WAIVER OF TENTATIVE PARCEL MAP 96-141 (SHELL OIL) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING A WAIVER OF MAP PROCESSING FOR TENTATIVE PARCEL MAP 96-141 AND PERMITTING THE FILING OF A FINAL PARCEL MAP (SHELL OIL) WHEREAS, the applicant, Mr. Jeff Holland, doing business as Shell Oil Products Company, P. O. Box 25370, Santa Ana, California 92799, is owner of certain real property described as Assessor's Parcel Number 649-361-03 and -04; and, WHEREAS, Mr. Holland has submitted plans to subdivide a 10 -acre parcel of land located at the northeast comer of Camino Capistrano and Junipero Serra Road into two parcels to facilitate the purchase of the smaller parcel as indicated on the map, and, WHEREAS, Mr. Holland has also requested approval of a waiver of Tentative Map processing the filing of a Final Parcel Map; and, WHEREAS, the proposed project has been processed pursuant to Section 9-2.305(q) of the Land Use Code, Waivers of Subdivision Maps, and has been reviewed for compliance with the City's General Plan, and, WHEREAS, the Environmental Administrator has reviewed the project pursuant to Section 15070 of the California Environmental Quality Act and issued a Class 15 Categorical Exemption and has otherwise complied with all applicable provisions of the California Environmental Quality Act; and, WHEREAS, under the provisions of Land Use Code Section 9-2.305, Waivers of Subdivision Maps, Planning Department staff has made the necessary findings and has forwarded a recommendation for approval of a Tentative Parcel Map waiver and the filing of a Final Parcel Map directly to the City Council, and, WHEREAS, a duly -noticed public hearing has been conducted by the City Council to secure testimony on the proposed waiver and Final Parcel Map. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 1. The proposed project and map are consistent with the policies and objectives of the San Juan Capistrano General Plan in that the overall density is consistent with the maximum five units per gross acre designation; and, -1- 126 2. The Tentative Parcel Map process not withstanding, Parcels 1 and 2 will be otherwise subject to the development review requirements and conditions of Chapter 2 of the Land Use Code, Development Review, upon submission of a development application at a future date; and, 3. The City Engineer has determined that the project complies with all of the requirements of the Subdivision Map act and Title 9 of the Municipal Code regarding, but not limited to, area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and park land requirements. BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve the waiver of Tentative Parcel Map 96-141 and the filing of a Final Parcel Map for this project. PASSED, APPROVED, AND ADOPTED this February _1997. ATTEST: CITU CLE 4th day of DAVID M. SWERDLIN, MAYOR -2- 0 0 ETHEL A. BOYNTON 011205053191 250 '8F1ELL AIL PRODUCTS CO. SO�liH6RN CALIFORNIADISTRICT 2-1f710 P.O. BOX 25370 SANTA ANA. CA 92799 R ' n OFMM CHWAGO NOT VALID FOR OVER $2500.00 The First National Bark of Ctmcago ■ 20 131. •■ 26BSillm 0250 ,i Shell Oil Products Compaly ,, i► Southern California Retail District November 4, 1997 Ms. Cheryl Johnson City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano 92675 Subject: Parcel Map 96-196 - Recording Fee Dear Mr. Johnson: P O Box 25370 Santa Ana, CA 92799 3611 S. Wrbor B uk M, Suim 160 Sano Ana, CA 92701 Enclosed per Mr. Tony Foster's request is a $17.00 check for the recording fee for subject parcel map. If you have any questions, please contact me at (714) 427-3414. Very truly yours, ?JB. Jeli' Holland Area Real Estate Representative enclosure >m�