1973-0216_FISCHER , CHARLES M_AgreementH.J.PORGY (1872-1948)
FRED FORGY (1898-1969j
FRED FORGY, JR.
DON C. THAMER
MINORU INADOMI
FORGY, THAMER & INADOMI
ATTORNEYS AT LAW
1666 NORTH MAIN STREET, SUITE 300
SANTA ANA, CALIFORNIA 92701 TELEPHONE
February 21, 1973
San Juan Capistrano City Council
Honorable Councilmen:
fo 47-9284
FE �
Please be advised that our office represents Mr, Edgar
Hurst, who is presently purchasing approximately four
acres from Mr. Charles M. Fischer, who owns a 10 -acre
parcel in your City. On January 22, 1973, a Covenant
for Installation of Improvements was agreed to between
you and Mr, Fischer,
This letter is to request a mutual understanding that
the waiver of conditions, as stated in the before -
mentioned agreement, be deemed waived until the ultimate
development of the property by Mr. Hurst, or his successor
in interest, in a high-density manner in accordance with
your proposed master plan for the area. That is to say,
that the conditions as waived will not be imposed on
Mr. Hurst's property so long as he maintains its present
use for stabling horses, with the possible addition of
one single-family residence.
Your acknowledgment
greatly appreciated
all parties.
dct:dw
of this mutual understanding will be
in order to clarify the positions of
Respectfully requested,
FORGY, THAMER & INADOMI
By
Don C. Thamer
!41
9 -3� 9/--/ -�
Mr. Don C. Thamer
67orgy, Thamer 1 Inadoni
0110A Nirth 4in Street
Santa Ana, 0111". 12791
February 28, 1173
Soh,inCQ HL 72-111 - City of San Juan Capistrano
1111falloOnn
Dear '1r. Thamer:
tl't
Sj)Oti�;ill) "0 your request by letter dated February 21> 1173 t0 the
City '.cuocil of n'ie Gity of San Juan Kapis;;rano thi8 office ".las the
information for Jou and four cli"nt, -1r. ` Qrr "L'r_t:
1, TO a"ll of of '11" "In o" ; i i" of N i 9 :.:e ro"u i Po"2nt for
�
in constriction of ca . ' 1 pi4lic inor cV al nc ' rtaga
Higl'la:' rclaLcs to the fact '�.a;; tie craper y 7S CurrcnLly
7o19L "uncl ssi inn ' so .-at its unov are very limited, V:hich
includes ; o'aeyCr, Lie right to coaitruct a s0gle fanily
:0011 in,
75is offico interprets t`e Cit:' Council action as LC nurritting
Mos� uses in an uncla°sifQ6 Lorw" l..'&L i'u resLrvation tLat
'(
at such time a higher zoning is applied, or trerc is suLe outer
special use permitted, the question of requiring the public
improvements would he evaluated again.
3. We understand that the applicant of the division of land,
Mr. Charles Q. Fischer, hast cedicate all of tQ right-of-wEy
require(; along Ortega Hi govay .
We trust these Statements ansl'erS your questions and we invite you
to contact thb undersigned if you need furuuer clarification.
Very truly yours
Jack Y. Kubota, City Engineer
cc: Directn;"fo puL: ;c lurks City of San Juan Capistrano
City Attorney.
JYK/le
DOL 72-111
COVENANT FOR INSTALLATION OF IMPROVEMENTS
IN CONNECTION WITH DOL 72-111 PARCEL 1.
THIS AGREEMENT is made this zg&day o£, 1973,
by and between the CITY OF SAN JUAN CAPISTRANO, hereinaf r called
"City" and CHARLES M. FISCHER, hereinafter called "Owner":
WITNESSETH:
WHEREAS, Owner desires to divide a portion of its land
located in the City of San Juan Capistrano, County of Orange,
State of California, described in Exhibit "A" attached hereto
and made a part hereof.
WHEREAS, the aforesaid division of land (hereinafter desig-
nated DL 72-111) was duly approved by the Planning Commission of
the City of San Juan Capistrano subject to the following conditions:
1) The property owner shall dedicate all necessary right-
of-way along Ortega Highway adjacent to Parcel 1 and 2
in accordance with the adopted Circulation Element of
the General Plan and in conformance with the precise
alignment as established by the State of California
Division of Highways.
2) Full street improvements shall be required on Ortega
Highway. Said improvements shall include the required
roadway section, concrete curb and gutter, concrete
sidewalks and driveway approaches, drainage inlet
structures, ornamental street lighting facilities
and undergrounding of all overhead utilities.
3) Property owner shall be required to conform with the
Drainage Element of the General Plan and pay all fees
required. This property is located in the LO1 drainage
fee assessment area and the fee is $805 per gross acre.
a) Master Plan Drainage facilities LO1-Pll is proposed
to be located in the vicinity of the westerly
property line of subject property. A determina-
tion will be made by the City Engineer as to the
need for right-of-way and/or installation of said
facility prior to final map approval.
4) Domestic water shall be supplied by the Orange County
Waterworks District #4. The Owner shall dedicate all
water rights and any existing usable wells to the
Orange County Waterworks District #4.
5) Subject property should be required to connect to
the Municipal Sanitary Sewer System.
6) The property owner shall comply with all prevailing
City ordinances.
WHEREAS, because of the present limited use of the aforesaid
property, the City Council has found and determined that not all
of the aforesaid conditions are required at this time.
NOW, THEREFORE, in consideration of the premises and the
mutual promises herein contained, the parties hereto agree as
follows:
1) City hereby grants a waiver as to conditions 2 and 3
above until such time as the City Council shall find
and determine that the use of said property reauires
the imposition of said conditions.
2) City further grants to Owner a waiver of payment of
park fees until such time as said property shall be
used for residential purposes within the contempla-
tion of Citv's Parks Ordinance.
3) City further grants to Owner a waiver as to conditions
4, 5 and 6 above until such time as the City Council
shall determine that the use of the property reauires
the imposition of such conditions.
4) Owner further agrees that this Agreement shall be
binding upon its successors and assigns and that it
shall run with the land herein described. Moreover,
should Owner sell the property herein described,
Owner shall properly disclose to his Buyer the fact
that the aforesaid obligations are a burden upon the
land to be conveved.
5) City shall authorize the Citv Engineer to approve the
map herein upon the execution of this Agreement and
upon Owner's compliance with all of the other condi-
tions heretofore imposed.
M
R
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I'a
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CITY OF SAN JUAN CAPISTRANO
By V 0.�
J roes F. Thorpe, Mayor
ATTEST:
J
OWNER:
iz
Charles M. Fischer
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, WANDA E. ANDERSEN, City Clerk of the City of San Juan
Capistrano, California, do hereby certify that the attached
instrument was duly approved and accepted at a regular meeting
of the City Counciligf the City of San Juan Capistrano held on
the � day of _�Aw�� y , 1973.
-3-
City of San Juan Capistrano
r'
STATE OF CALIFORNIA
COUNTY OF
ORANGE _ J ss.
On February 14, 1973 before me, the undersigned, a Notary Public in and for
said State, personally appeared CHARLES M. FISCHER _
known to me to be the person— whose name is
subscribed to the within instrument and acknowledged to me
that— he executed the same.
WITNESS my hand and official seal
Signature � �r"
Julia Isawa
Name (Typed or Printed)
s.rww
OFFICIAL SEAL
JULIA ISAWA
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commlasion Expires Oct. 19, 1975.
(This area for official notarial seal)
LEGAL DESCRIPTION OF CHARLES M. FISHER PROPERTY
SAN JUAN CAPISTRANO
All that certain land situated, in the State of California, County
of Orange, City of San Juan Capistrano, described as follows -
That portion of Lots 3 and 4 of Section 32, Township 7 South, Range
7 West, S. B. B. & M., described as follows:
Beginning at a point on the Southwesterly boundary line of
the Rancho Mission Viejo, said, point being 381.3 feet Southeasterly
from Station No. 22 of the San Juan Hot Springs Road as described in
the deed to Orange County, recorded. October 22, 1913, in Book 243,
page 1 of Deeds; thence North 540 30' West 22 chains along said
boundary line to a set rock marked F-1/4 on East face; thence South
7.44 chains to a set post marked, J. L. M., said post marking the
Northwest corner of the land conveyed to Lorenzo A. Manriques by
deed recorded November 4, 1898, in Book 38, page 347 of Deeds; thence
East along the North line of land so conveyed, 244.8 feet to a post
marked J. L. M., said post marking the Northeast corner of said land.
conveyed, to Manriques; thence South along the East line of said land
conveyed to Manriques 1322 feet to a set 4 x 4 post marked J. L. M.,
said post marking the Southeasterly corner of said land conveyed to
Manriques; thence North 41° 30' East 25.6 chains to the point of
beginning.
Excepting therefrom that portion lying Northerly of the center line
of that certain road known as Ortega Highway, 60 feet in width, as
described in the deed, to the County of Orange, recorded on September
28, 1932, in Book 576, page 237 of Official Records of Orange County,
California.
EXHIBIT "A"