1990-0821_HOBBS, DONALD_Improvement AgreementCity Copy
RECORDING REQUESTED BY AND RECORDING FEES EXEMPT DUE TO
WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelato
San Juan Capistrano, CA 92675 �
CHERYL RYL HN N, City Clerk
San Juan Capistrano, California
PARCEL MAP 88-402
IMPROVEMENT AGREEMENT
THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the
Government Code of the State of California, by and between the CITY OF SAN JUAN
CAPISTRANO, a Municipal Corporation, hereinafter called the "City" and DONALD G.
and MARY LOU HOBBS, whose mailing address is 31682 Avenida Evita, San Juan
Capistrano, California, hereinafter called the "Subdivider."
WITNESSETH:
THAT, WHEREAS, Subdivider has filed with the Planning Commission of the City a
tentative map for a proposed subdivision, known as Parcel Map 88-402, which has been
conditionally approved by the City Council, and
WHEREAS, Subdivider desires to postpone the private improvements required as a
condition of approval of said tentative map until a time subsequent to the acceptance
and recordation of the final map of said subdivision, by entering into this agreement.
NOW, THEREFORE, in consideration of the premises and the approval of the final
map of said subdivision and the postponement of the time to install such improvements,
and to satisfy the said condition of the approval of the said tentative map, the Subdivider
hereby undertakes, promises and agrees as follows:
The Subdivider shall cooperate with the other Participants (owners of the
benefiting properties) on a pro -rata share for the design and construction of
private street improvements. (Reference i made to previous subdivision
agreements PM 88-419, PM 86-108, PM 89-199, PM 80-852, PM 79-853, PM 79-
862 and PM 106-19-20.)
2. The design of the following improvements shall be subject to the review and
approval of the City Engineer:
(a) Participants shall design and construct a private street from the proposed
public cul-de-sac at the terminus of Via Estelita, connecting to the existing
private cul-de-sac on Avenida Evita. Said private cul-de-sac shall be
removed as part of this improvement work.
(b) Once the private street improvements have been completed, to prevent
through traffic movements between Via Estelita and Avenida Evita (public
portion), an emergency access barrier shall be installed at the northeasterly
terminus of the cul-de-sac adjacent to the public portion of Avenida Evita.
Improvement Agreement*
Parcel Map 88-402
El
(c) The above -noted improvements need not be installed until such time as the
intersection of Del Obispo Street and Aguacate Road is signalized and the
public street cul-de-sac at the terminus of Via Estelita is constructed.
3. A maintenance agreement will bind the parcels of benefit to the ongoing costs of
this common private street.
4. Further Subdivision of Subject Parcel: Due to the design of the subject parcel
map, no further subdivisions can be accommodated.
5. Subdivider agrees to participate with all applicable fees assigned by City. For
purposes of this agreement, applicable fees shall be defined as all fees that may
be legally assessed through City's ordinances and resolutions as conditions of
approving subdivider's subdivision and proposed improvements.
6. Prior to recordation, Subdivider shall deposit with the City Twelve Thousand
($12,000) Dollars. Said security is a proportionate share to augment the cost of
work and improvements not to be dedicated to City but inspected by the City for
conformance ($12,000 submitted on 8/13/90).
The $12,000 cash deposit placed with the City at this time is a proportionate
share of funds needed to construct the final private roadway connection to Via
Estelita from Avenida Evita and may not be the entire amount needed.
The cash deposit or certificate of deposit shall be held by the City and accrue
interest at the current bank rates at the direction and discretion of the City.
7. The City Engineer of the City of San Juan Capistrano may make such changes,
alterations or additions to the plans and specifications for said work and
improvement which do not exceed ten percent (10%) of the total estimated cost
set forth in Item 6 above, as may be determined necessary and desirable by him
for the proper completion of said work and improvement or as required for the
safety and welfare of the public and no such changes, alterations or additions
shall relieve the Subdivider from the faithful performance of this agreement.
8. It is agreed by and between the parties hereto that in the event it is deemed
necessary to extend the time of completion beyond August 30, 1991, of the work
and improvements to be done under this agreement, said extension shall be
requested from the City Engineer.
9. Subdivider agrees that City may, without any notice and at its sole option, cause
to be completed, all or any part of the said work, and Subdivider shall forfeit the
$12,000 security posted for work done by the City, its agents and contractors, or
any of them, to complete all or any part of said work.
10. Subdivider agrees to pay City such sum as the Court may adjudge as reasonable
for the legal services of any attorney representing the City in any action brought
to enforce or interpret the obligations of this instrument, and such sum shall be
made a part of any judgment in such action against the Subdivider if such action
is determined in favor of the said City.
11. City, its officers and employees, except for their own acts, shall not be liable or
responsible for any injury or damage that may result to any person or property by
-2-
'Improvement Agreement
Parcel Map 88-402
9
or from any cause whatsoever in, on or about the subdivision of said land covered
by this Agreement or any part thereof.
12. At all times, Participants shall perform all work in a safe, workmanlike manner
and shall take such precautions as may be necessary to warn and protect the
public from any dangerous condition caused by the construction of said
improvements.
13. Subdivider shall hold City, its officers and employees harmless from any and all
claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of the Subdivider, his contractor,
subcontractors, agents or employees in the performance of this agreement.
14. This agreement does not negate, rescind or supersede any of the previous
subdivision agreement or their requirements signed by the Hobbs's or other
existing agreements by adjacent developers with unfulfilled present obligation.
15. The $12,000 deposit may be paid to a contractor chosen by the subdivider upon
completion of the roadway to th satisfaction of the City. The interest is to be
returned to the subdivider unless it should become necessary for the City to
contract the roadway, in which case no accumulated interest shall be returned
because of City administrative overhead.
16. Should the private street requirement be deleted by the City Council in the
future, the deposit with accumulated interest shall be returned to the subdiveder,
his assignees or beneficiaries.
Executed at San Juan Capistrano, California, this 21st day of
August 1990.
ATTEST:
Cheryl Johffsorf,City Clerk
SUBDIVIDER DONALD G. AND MARY LOU HOBBS
n
Donald G. Hobbs
Si natu Mary Lou Hobbs
APPROVED AND RECOMMENDED FOR CITY OF SAU JUAN CAPISTRANO
L.) Hausdorfer, Mayor
0 0
State of California On this the 151114da D[-e»'li7
y of�' 191s2, before me,
Orange SS.
County of - 0
the undersigned Notary Public, personally appeared
Donald G. Hobbs
❑ personally known tome
OFFICIAL SEAL p.proved to me on the basis of satisfactory evidence
to be the person(4whose name L--3
(s)subscribed to the
In 1JOTARY PUBLIC -CALIFORNIA within instrument, and acknowledged he--
a ORANGE COUNTY d9 that executed it.
My wmm. expires OEC 13. 1993 WITNESS my hand and official seal.
1 —n
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this cerfificate to another document.
THIS CERTIFICATE Title or Type of Document I m provemant pgrePmPnt PM RR 4m
MUST BE ATTACHEDNumber of Pages 3 Date ofDocumen8
DE IG
�21/9U
THE DOCUMENT
DESCRIBED AT RHT, Signers) Other Than Named Above — Mary Lou Hobbs and City Staff
7120019
GENERAL ACKNOWLEi
State of California
Orange
County of
OFFICIAL SEAL
EILEEN FEGTE'
m NOTARY PUBLIC -CALIFORNIA
O9ANGE COMM
My comm. expires APR 15, 1991
SS.
NO. pt
NATIONAL NOTARY ASSOCIATION -8236 Remrrm Ave.• PO. Box ]184•Cario9a Park, CA 913807184
On this the � - ay of S�Z'/,17e 1Z 19?6-, before me,
the undersigned Notary Public, personally appeared
Mary Lou Hobbs
[] personally known to me
Aproved to me on the basis of satisfactory evidence
to be the person(I) whose name 'P
/ :3subscribed to the
within instrument,, and acknowledged that executed it.
WITNESS myhandand official seal.
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
THIS CERTIRCATE Title or Type of Document Improvement Agreement,_PM a& -
MUST
MUST BE ATTACHED Number of Pages 3 Date of Document 8121 / 90
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Donald G. Hobbs and City staff
N0. 201
7120 019 NATIONAL NOTARY ASSOCIATION • 8255 Remmet Ave. • PO. Box 7184 • Canoga Park, C4 91301-7184
0
CORPORATE ACKNOWLEDGMENT
0
NO, 202
Stateof California On this the Zlstdayof August tg 90beforeme,
SS.
County of Orange Cheryl A. Johnson
the undersigned Notary Public, personally appeared
Gary_l.. Ha>cdorfer ,
N personally known tome
OFFICIAL SEAL ❑ proved tome on the basis of satisfactory evidence
CNRyI. A..'C-ia°"<%'' �' to be the erson
p (� who executed the within instrument as
o ;$ NOTARY PUBLIC -CALIFORNIA �' Mayor or on behalf of the%,o��i�Fa+a herein
oMNCE CDJ�NTY 1 LmunlclU
My comm- expires DEC 13, - named, and acknowledged to me that the�dorporatl n executed it.
WITNgSS my hand and official seal.
]120122 NATIONAL NOTARY ASSOCIATION • 23012 Venture Stvd. • PO. Box 4625 • Woodland Hills, CA 91365-4625
2 .1
1? -OUNTY OF
5 <Z 3 i=.RANGE
LEE A. BRANCH
COUNTY RECORDER
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
10
COUNTY RECORDER:
630 N. Broadway, Rm. 101
P.O. Boz 238
Santa Ana, CA 92702
Telephone: 710834-2500
834-2500
September 13, 1990
We are returning UNRECORDED Improvement Agreement naming Hobbs
together with your remittance of $none, Ck. No. none.
The owners of the affected property must be named in the
agreement.
4k/�b
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c
4
3L
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7
cr
LEE A. BRANCH
COUNTY RECORDER
BBARBARA POWERS
Deputy Recorder
BP:7g
0
v OUNTY OF
Gr�t
p � Q
5 3 / RANGE '�
LEE A. BRANCH
COUNTY RECORDER
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
COUNTY RECORDER:
630 N. Broadway, Rnn 101
P.O. Boz 238
Santa Ana, CA 92702
Telephone'. 714 ( 834-2500
October 25, 1990
We are returning UNRECORDED Improvement Agreement naming Hobbs
together with your remittance of $none, Ck. No. none.
In order to comply with California recording and indexing laws,
the document must clearly name and identify the owners of the
affected property. Also, the document should include the affected
properties address or a meets and bonds description, in addition
to the proposed tentative Parcel Map number.
We must have an original document to record, a photo copy is
unacceptable.
Jo hfX l''
� i
LL �
LEE A. BRANCH
COUNTY RECORDER
o�
P�, n By CYNTHIA L. VIALL
j Recordable Document Examiner
Supervisor
CV:jg „�yjjy(�� /�.
f
City Copy
RECORDING REQUESTED BY AND RECORDING FEES EXEMPT DUE TO
WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adela
San Juan Capistrano,
CA 92675
ERYL HN N, City Clerk
San Juan Capistrano, California
PARCEL MAP 88-402
IMPROVEMENT AGREEMENT
THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the
Government Code of the State of California, by and between the CITY OF SAN JUAN
CAPISTRANO, a Municipal Corporation, hereinafter called the "City" and DONALD G.
and MARY LOU HOBBS, whose mailing address is 31682 Avenida Evita, San Juan
Capistrano, California, hereinafter called the "Subdivider."
WITNESSETH:
THAT, WHEREAS, Subdivider has filed with the Planning Commission of the City a
tentative map for a proposed subdivision, known as Parcel Map 88-402, which has been
conditionally approved by the City Council, and
WHEREAS, Subdivider desires to postpone the private improvements required as a
condition of approval of said tentative map until a time subsequent to the acceptance
and recordation of the final map of said subdivision, by entering into this agreement.
NOW', THEREFORE, in consideration of the premises and the approval of the final
map of said subdivision and the postponement of the time to install such improvements,
and to satisfy the said condition of the approval of the said tentative map, the Subdivider
hereby undertakes, promises and agrees as follows:
The Subdivider shall cooperate with the other Participants (owners of _ the
benefiting properties) on a pro -rata share for the design and construction of
private street improvements. (Reference i made to previous subdivision
agreements PM 88-419, PM 86-108, PM 89-199, PM 80-852, PM 79-853, PM 79-
862 and PM 106-19-20.)
The design of the following improvements shall be subject to the review and
approval of the City Engineer:
(a) Participants shall design and construct a private street from the proposed
public cul-de-sac at the terminus of Via Estelita, connecting to the existing
private cul-de-sac on Avenida Evita. Said private cul-de-sac shall be
removed as part of this improvement work.
(b) Once the private street improvements have been completed, to prevent
through traffic movements between Via Estelita and Avenida Evita (public
portion), an emergency access barrier shall,be installed at the northeasterly
terminus of the cul-de-sac adjacent to the public portion of Avenida Evita.
Improvement Agreement*
Parcel Map 88-402
(c) The above -noted improvements need not be installed until such time as the
intersection of Del Obispo Street and Aguacate Road is signalized and the
public street cul-de-sac at the terminus of Via Estelita is constructed.
3. A maintenance agreement will bind the parcels of benefit to the ongoing costs of
this common private street.
Further Subdivision of Subject Parcel: Due to the design of the subject parcel
map, no further subdivisions can be accommodated.
5. Subdivider agrees to participate with all applicable fees assigned by City. For
purposes of this agreement, applicable fees shall be defined as all fees that may
be legally assessed through City's ordinances and resolutions as conditions of
approving subdivider's subdivision and proposed improvements.
Prior to recordation, Subdivider shall deposit with the City Twelve Thousand
($12,000) Dollars. Said security is a proportionate share to augment the cost of
work and improvements not to be dedicated to City but inspected by the City for
conformance ($12,000 submitted on 8/13/90).
The $12,000 cash deposit placed with the City at this time is a proportionate
share of funds needed to construct the final private roadway connection to Via
Estelita from Avenida Evita and may not be the entire amount needed.
The cash deposit or certificate of deposit shall be held by the City and accrue
interest at the current bank rates at the direction and discretion of the City.
The City Engineer of the (
alterations or additions t
improvement which do not
set forth in Item 6 above,
for the proper completion
safety and welfare of the
shall relieve the Subdivider
:ity of San Juan Capistrano may make such changes,
the plans and specifications for said work and
exceed ten percent (10%) of the total estimated cost
as may be determined necessary and desirable by him
if said work and improvement or as required for the
public and no such changes, alterations or additions
from the faithful performance of this agreement.
8. It is agreed by and between the parties hereto that in the event it is deemed
necessary to extend the time of completion beyond August 30, 1991, of the work
and improvements to be done under this agreement, said extension shaii be
requested from the City Engineer.
Subdivider agrees that City may, without any notice and at its sole option, cause
to be completed, all or any part of the said work, and Subdivider shall forfeit the
$12,000 security posted for work done by the City, its agents and contractors, or
any of them, to complete all or any part of said work.
10. Subdivider agrees to pay City such sum as the Court may adjudge as reasonable
for the legal services of any attorney representing the City in any action brought
to enforce or interpret the obligations of this instrument, and such sum shall be
made a part of any judgment in such action against the Subdivider if such action
is determined in favor of the said City.
11. City, its officers and employees, except for their own acts, shall not be liable or
responsible for any injury or damage that may result to any person or property by
-2-
{ Improvement Agreement •
Parcel Map 33-402
or from any cause whatsoever in, on or about the subdivision of said land covered
by this Agreement or any part thereof.
12. At all times, Participants shall perform all work in a safe, workmanlike manner
and shall take such precautions as may be necessary to warn and protect the
public from any dangerous condition caused by the construction of said
improvements.
13. Subdivider shall hold City, its officers and employees harmless from any and all
claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of the Subdivider, his contractor,
subcontractors, agents or employees in the performance of this agreement.
14. This agreement does not negate, rescind or supersede any of the previous
subdivision agreement or their requirements signed by the Hobbs's or other
existing agreements by adjacent developers with unfulfilled present obligation.
15. The $12,000 deposit may be paid to a contractor chosen by the subdivider upon
completion of the roadway to th satisfaction of the City. The interest is to be
returned to the subdivider unless it should become necessary for the City to
contract the roadway, in which case no accumulated interest shall be returned
because of City administrative overhead.
16. Should the private street requirement be deleted by the City Council in the
future, the deposit with accumulated interest shall be returned to the subdiveder,
his assignees or beneficiaries.
Executed at San Juan Capistrano, California, this 21st day of
August , 1990.
ATTEST:
& Lr_�
Cheryl Johifsorr, City Clerk
APPROVED AND RECOMMENDED FOR
SUBDIVIDER DONALD G. AND MARY LOU HOBBS
) n
Donald G. Hobbs
(Sil(natu Mary Lou Hobbs
CITY OF SAN JUAN CAPISTRANO
neering'A uilding i
TO FORM:
P
ity Attorney
L.) Hausdorfer, Mayor
If
•
F
e
U� VIA
4`• � TDA'
0
October 15, 1990
Ms. Barbara Powers, Deputy Recorder
County Recorder
P. O. Box 238
Santa Ana, CA 92702
Re: Subdivision Improvement Agreement/Recording Issue
Dear Ms. Powers:
6eA- 9 `
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Please find attached a copy of your memorandum dated September 30, 1990 indicating
that the City's proposed recording of the subject Subdivision Improvement Agreement
cannot be accomplished.
The contents of the Subdivision Improvement Agreement affects only the owner of the
property to be subdivided. This party is Donald G. and Mary Lou Hobbs. The Subdivision
Improvement Agreement has an arrow pointing toward the clause "(owners of the
benefiting properties)" as being the basis upon which you cannot record the instrument. I
do not understand this as this paragraph simply references a reimbursement arrangement
between other property owners (not having ownership in the Hobbs property). This
should not be a basis for refusing to record this particular Subdivision Improvement
Agreement.
Can you please give me a call on this. Thank you.
Ve my y s,
JOHN .SHAW
City Attorney
J RS/ef
cc: Ray Vincenti, Associate Civil Engineer
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 499-1171
V TY O F
RANG E
LEE A. BRANCH
COUNTY RECORDER
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
COUNTY RECORDER.
630N Broadway, Rm. 101
P O Box 238
Santa Ana. CA 92702
Telephone -7141834-2500
September 13, 1990
We are returning UNRECORDED Improvement Agreement naming Hobbs
together with your remittance of $none, Ck. No. none.
The owners of the affected property must be named in the
agreement.
LEE A. BRANCH
COUNTY RECORDER
B 2o;.,t=�WERS
Deputy R�rr�rder
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c
3
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LEE A. BRANCH
COUNTY RECORDER
B 2o;.,t=�WERS
Deputy R�rr�rder
BP:7g
Copy
0 0
RECORDING REQUESTED BY AND RECORDING FEES EXEMPT DUE TO
WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103
City of San Juan fapistrano
Office of the City Clerk
32400 Paseo Adelanto /
San Juan Capistrano, CA 92675
HERYL HN N, City Clerk
San Juan Capistrano, California
PARCEL MAP 88-402
IMPROVEMENT AGREEMENT
THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the
Government Code of the State of California, by and between the CITY OF SAN JUAN
CAPISTRANO, a Municipal Corporation, hereinafter called the "City" and DONALD G.
and MARY LOU HOBBS, whose mailing address is 31682 Avenida Evita, San Juan
Capistrano, California, hereinafter called the "Subdivider."
WITNESSETH:
THAT, WHEREAS, Subdivider has filed with the Planning Commission of the City a
tentative map for a proposed subdivision, known as Parcel Map 88-402, which has been
conditionally approved by the City Council, and
WHEREAS, Subdivider desires to postpone the private improvements required as a
condition of approval of said tentative map until a time subsequent to the acceptance
and recordation of the final map of said subdivision, by entering into this agreement.
NOW, THEREFORE, in consideration of the premises and the approval of the final
map of said subdivision and the postponement of the time to install such improvements,
and to satisfy the said condition of the approval of the said tentative map, the Subdivider
hereby undertakes, promises and agrees as follows:
The Subdivider shall cooperate with the other Participants (9%yDgrs of the
benefiting properties) on a pro -rata share for the design and construction of
private street improvements. (Reference i made to previous subdivision
agreements PM 88-419, PM 86-108, PM 89-199, PM 80-852, PM 79-853, PM 79-
862 and PM 106-19-20.)
The design of the following improvements shall be subject to the review and
approval of the City Engineer:
(a) Participants shall design and construct a private street from the proposed
public cul-de-sac at the terminus of Via Estelita, connecting to the existing
private cul-de-sac on Avenida Evita. Said private cul-de-sac shall be
removed as part of this improvement work.
(b) Once the private street improvements have been completed, to prevent
through traffic movements between Via Estelita and Avenida Evita (public
portion), an emergency access barrier shall be installed at the northeasterly
terminus of the cul-de-sac adjacent to the public portion of Avenida Evita.
Improvement Agreement!
Parcel Map 88-402
41
(c) The above -noted improvements need not be installed until such time as the
intersection of Del Obispo Street and Aguacate Road is signalized and the
public street cul-de-sac at the terminus of Via Estelita is constructed.
3. A maintenance agreement will bind the parcels of benefit to the ongoing costs of
this common private street.
4. Further Subdivision of Subject Parcel: Due to the design of the subject parcel
map, no further subdivisions can be accommodated.
5. Subdivider agrees to participate with all applicable fees assigned by City. For
purposes of this agreement, applicable fees shall be defined as all fees that may
be legally assessed through City's ordinances and resolutions as conditions of
approving subdivider's subdivision and proposed improvements.
prior to recordation, Subdivider shall deposit with the City Twelve Thousand
($12,000) Dollars. Said security is a proportionate share to augment the cost of
work and improvements not to be dedicated to City but inspected by the City for
conformance ($12,000 submitted on 8/13/90).
The $12,000 cash deposit placed with the City at this time is a proportionate
share of funds needed to construct the final private roadway connection to Via
Estelita from Avenida Evita and may not be the entire amount needed.
The cash deposit or certificate of deposit shall be held by the City and accrue
interest at the current bank rates at the direction and discretion of the City.
The City Engineer of the City of San Juan Capistrano may make such changes,
alterations or additions to the plans and specifications for said work and
improvement which do not exceed ten percent (10%) of the total estimated cost
set forth in Item 6 above, as may be determined necessary and desirable by him
for the proper completion of said work and improvement or as required for the
safety and welfare of the public and no such changes, alterations or additions
shall relieve the Subdivider from the faithful performance of this agreement.
It is agreed by and between the parties hereto that in the event it is deemed
necessary to extend the time of completion beyond August 30, 1991, of the work
and improvements to be done under this agreement, said extension shall be
requested from the City Engineer.
Subdivider agrees that City may, without any notice and at its sole option, cause
to be completed, all or any part of the said work, and Subdivider shall forfeit the
$12,000 security posted for work done by the City, its agents and contractors, or
any of them, to complete all or any part of said work.
10. Subdivider agrees to pay City such sum as the Court may adjudge as reasonable
for the legal services of any attorney representing the City in any action brought
to enforce or interpret the obligations of this instrument, and such sum shall be
made a part of any judgment in such action against the Subdivider if such action
is determined in favor of the said City.
11. City, its officers and employees, except for their own acts, shall not be liable or
responsible for any injury or damage that may result to any person or property by
-2-
Improvement Agreement •
Parcel Map 33-402
_,
or from any cause whatsoever in, on or about the subdivision of said land covered
by this Agreement or any part thereof.
12. At all times, Participants shall perform all work in a safe, workmanlike manner
and shall take such precautions as may be necessary to warn and protect the
public from any dangerous condition caused by the construction of said
improvements.
13. Subdivider shall hold City, its officers and employees harmless from any and all
claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of the Subdivider, his contractor,
subcontractors, agents or employees in the performance of this agreement.
14. This agreement does not negate, rescind or supersede any of the previous
subdivision agreement or their requirements signed by the Hobbs's or other
existing agreements by adjacent developers with unfulfilled present obligation.
15. The $12,000 deposit may be paid to a contractor chosen by the subdivider upon
completion of the roadway to th satisfaction of the City. The interest is to be
returned to the subdivider unless it should become necessary for the City to
contract the roadway, in which case no accumulated interest shall be returned
because of City administrative overhead.
16. Should the private street requirement be deleted by the City Council in the
future, the deposit with accumulated interest shall be returned to the subdiveder,
his assignees or beneficiaries.
Executed at San Juan Capistrano, California, this 21st day of
August , 1990.
ATTEST:
Cheryl Jo so , City Clerk
APPROVED AND RECOMMENDED FOR
EXECUT14M
g aAcLBuiioing
TO FORM:
ttorney
SUBDIVIDER DONALD G. AND MARY LOU HOBBS
1Q� JA
Donald G. Hobbs
el A 1
(Signature) Mary Lou Hobbs
CITY OF SA-NLJUAN CAPISTRANO
By:
L.) Hausdorfer, Mayor
J�
PROJECT LOCATION
s
AA
I
f
uuwum '1961
1776
August 24, 1990
Mr. Donald G. Hobbs
31682 Avenida Evita
San Juan Capistrano, California 92675
1 cc, 3 0
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCMMEIM
KENNETH E. FRIESS
GARY L. HAUSOORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Re: Approval of Final Map and Improvement Approval of Final Map and Improvement Agreement - Parcel Map 88-402- Parcel Map 88-402
Dear Mr. Hobbs:
At their regular meeting held August 21, 1990, the City Council of the City of San
Juan Capistrano approved the Final Map and Improvement Agreement for Final
Map 88-402, noting that the Final Map was in compliance with the Tentative Map
and in conformance with the Subdivision Map Act. The Map has been executed for
forwarding to the County Recorder.
The Improvement Agreement must have your original, notarized signature before
it can be forwarded to the Orange County Recorder. When you are back in town,
please stop by my office and 1 will be happy to notarize the document for you. If
you have any questions, please let us know.
Very truly yours,
e�
Cheryl Johnson
City Clerk
cc: Director of Engineering and Building
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
4 ? _OuNTY OF
5 <Z 3 jM,RANGE
LEE A. BRANCH
COUNTY RECORDER
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
4G/, /c-2 7
COUNTY RECORDER:
830 K Broadway, Rm. 101
P O. Box 238
Sento Ane, CA 92702
Telephone: 7141834-2500
September 13, 1990
We are returning UNRECORDED Improvement Agreement naming Hobbs
together with your remittance of $none, Ck. No. none.
The owners of the affected property must be named in the
agreement.
Cr
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BE A. BRANCH
COUNTY RECORDER
BEARBARA POWERS
Deputy Recorder i I�I I � C)HP:jq �7/Jf -�d J
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PA
September 11, 1990
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1776
Mr. Donald G. Hobbs
31682 Avenida Evita
San Juan Capistrano, California 92675
Re: Improvement Agreement for Parcel Man 88-204
Dear Mr. Hobbs:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSOORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Enclosed for your records is a fully -executed copy of the
Improvement Agreement for Parcel Map 88-402. The agreement was
approved by the City Council at their meeting of August 21, 1990.
The original agreement has been forwarded to the Orange County
Recorder's Office.
If you need any further information, please let us know.
Very truly yours,
Cheryl ohnson
City Clerk
Enclosure
cc: Director of Building and
Engineering Services
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493.1171
AGENDA ITEM August 21, 1990
TO: Stephen B. Julian, City Manager
FROM: Ray Wellington, Interim Director of Engineering & Building
SUBJECT: Approval of Final Map and Improvement Agreement, PM 88-402 (Hobbs)
SITUATION
Parcel Map 88-402 has been reviewed and checked by the Engineering Division Staff and
is ready for City Council consideration. The map has been found to be in conformance
with the Subdivision Map Act. All necessary conditions of approval required by Council
Resolution 89-6-20-4 have been met. All fees have been submitted and paid. In addition,
Mr. Hobbs has entered into a Subdivision Agreement to insure connection of Paseo Evita
to Via Estelita. Copies of the Agreement, Conditions of Approval and a location map are
attached for your convenience.
NOTIFICATION
Donald G. Hobbs, Property Owner
Frank Blancaflor, Project Engineer
Adjacent Property Owners, per attached list
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
Project has been reviewed by ERB and the Planning Commission.
FINANCIAL CONSIDERATIONS
All known required fees have been paid.
ALTERNATE ACTIONS
1. Approve Parcel Map 88-402 and Improvement Agreement.
2. Do not approve Parcel Map 88-402 or the Agreement.
3. Request additional information from Staff.
FOR CRY COUNCI AGEND�X! E6
AGENDA ITEM • •
August 21, 1990
Page 2
RECOMMENDATION
By motion, approve Final Map 88-402 and the Improvement Agreement, based on the
finding that the Final Map is in compliance with the Tentative Map, and both the Map
and Agreement are in conformance with the Subdivision Map Act. Authorize the City
Engineer and City Clerk to execute the Map. Authorize the Mayor and City Clerk to
execute the Agreement. Direct the City Clerk to record both the Map and Agreement.
RWIRAF:ssg
0
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
E
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
CHERYL JOHNSON, City Clerk
San Juan Capistrano, California
PARCEL MAP 88-402
IMPROVEMENT AGREEMENT
THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the
Government Code of the State of California, by and between the CITY OF SAN JUAN
CAPISTRANO, a Municipal Corporation, hereinafter called the "City" and DONALD G.
and MARY LOU HOBBS, whose mailing address is 31682 Avenida Evita, San Juan
Capistrano, California, hereinafter called the "Subdivider."
WITNESSETH:
THAT, WHEREAS, Subdivider has filed with the Planning Commission of the City a
tentative map for a proposed subdivision, known as Parcel Map 88-402, which has been
conditionally approved by the City Council, and
WHEREAS, Subdivider desires to postpone the private improvements required as a
condition of approval of said tentative map until a time subsequent to the acceptance
and recordation of the final map of said subdivision, by entering into this agreement.
NOW, THEREFORE, in consideration of the premises and the approval of the final
map of said subdivision and the postponement of the time to install such improvements,
and to satisfy the said condition of the approval of the said tentative map, the Subdivider
hereby undertakes, promises and agrees as follows:
The Subdivider shall cooperate with the other Participants (owners of the
benefiting properties) on a pro -rata share for the design and construction of
private street improvements. (Reference i made to previous subdivision
agreements PM 88-419, PM 86-108, PM 89-199, PM 80-852, PM 79-853, PM 79-
862 and PM 106-19-20.)
2. The design of the following improvements shall be subject to the review and
approval of the City Engineer:
(a) Participants shall design and construct a private street from the proposed
public cul-de-sac at the terminus of Via Estelita, connecting to the existing
private cul-de-sac on Avenida Evita. Said private cul-de-sac shall be
removed as part of this improvement work.
(b) Once the private street improvements have been completed, to prevent
through traffic movements between Via Estelita and Avenida Evita (public
portion), an emergency access barrier shall be installed at the northeasterly
terminus of the cul-de-sac adjacent to the public portion of Avenida Evita.
Improvement Agreem*
Parcel Map 88-402
•
(c) The above -noted improvements need not be installed until such time as the
intersection of Del Obispo Street and Aguacate Road is signalized and the
public street cul-de-sac at the terminus of Via Estelita is constructed.
3. A maintenance agreement will bind the parcels of benefit to the ongoing costs of
this common private street.
4. Further Subdivision of Subject Parcel: Due to the design of the subject parcel
map, no further subdivisions can be accommodated.
5. Subdivider agrees to participate with all applicable fees assigned by City. For
purposes of this agreement, applicable fees shall be defined as all fees that may
be legally assessed through City's ordinances and resolutions as conditions of
approving subdivider's subdivision and proposed improvements.
6. Prior to recordation, Subdivider shall deposit with the City Twelve Thousand
($12,000) Dollars. Said security is a proportionate share to augment the cost of
work and improvements not to be dedicated to City but inspected by the City for
conformance ($12,000 submitted on 8/13/90).
The $12,000 cash deposit placed with the City at this time is a proportionate
share of funds needed to construct the final private roadway connection to Via
Estelita from Avenida Evita and may not be the entire amount needed.
The cash deposit or certificate of deposit shall be held by the City and accrue
interest at the current bank rates at the direction and discretion of the City.
7. The City Engineer of the City of San Juan Capistrano may make such changes,
alterations or additions to the plans and specifications for said work and
improvement which do not exceed ten percent (10%) of the total estimated cost
set forth in Item 4 above, as may be determined necessary and desirable by him
for the proper completion of said work and improvement or as required for the
safety and welfare of the public and no such changes, alterations or additions
shall relieve the Subdivider from the faithful performance of this agreement.
8. It is agreed by and between the parties hereto that in the event it is deemed
necessary to extend the time of completion beyond August 30, 1991, of the work
and improvements to be done under this agreement, said extension shall be
requested from the City Engineer.
9. Subdivider agrees that City may, without any notice and at its sole option, cause
to be completed, all or any part of the said work, and Subdivider shall forfeit the
$12,000 security posted for work done by the City, its agents and contractors, or
any of them, to complete all or any part of said work.
10. Subdivider agrees to pay City such sum as the Court may adjudge as reasonable
for the legal services of any attorney representing the City in any action brought
to enforce or interpret the obligations of this instrument, and such sum shall be
made a part of any judgment in such action against the Subdivider if such action
is determined in favor of the said City.
11. City, its officers and employees, except for their own acts, shall not be liable or
responsible for any injury or damage that may result to any person or property by
-2-
13. Subdivider shall hold City, its officers and employees harmless from any and all
claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of the Subdivider, his contractor,
subcontractors, agents or employees in the performance of this agreement.
It+. This agreement does not negate or supersede any of the previous subdivision
agreement or their requirements signed by the Hobbes or other existing
agreements by adjacent developers with unfulfilled present obligation.
d5 The $12,000 cash deposit placed with the City at this time is a proportionate
share of funds needed to construct the final private roadway connection to Via
Estelita from Avenida Evita &a" not the entire amount needed.
1.4�' AA aW �6: The cash deposit or certiticate of deposit shall be hold by the City and accrue
�//Interest at the current bank rates at the direction and discretion of the City.
` fig 17. The $12,000 deposit may be paid to a contractor chosen by the developer upon
c( completion of the roadway to th satisfaction of the City. The interest is to be
returned to the developer unless it should become necessary for the City to
contract the roadway, in which case no accumulated interest shall be returned
because of City administrailve overhead.
18. Should the roadway requirement be deleted by the City Council In the future, the
deposit with accumulated interest shall be returned to the developers, their
assignees or beneficiaries.
Executed at San Juan Capistrano, California, this day of
. 19L9:
qo
ATTEST:
SUBDIVIDER
Cheryl Johnson, ty er(Signature)
APPROVED AND RECOMMENDED FOR
EXECUTION:
hector of Engineering and Building
APPROV90 AS TO FORM:
John R. Shaw, City Attorney
CITY OF SAN JUAN CAPISTRANO
by:
L-
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CA[lE
sE[
�i 4
J. Bradley Taylor
31652 Avenida Evita
San Juan Capistrano, CA 92675
Bruce A. DeMenno
705 Marlin Drive
Laguna Beach, CA 92651
Frank Blancaflor, R.C.E.
M.F. Blancaflor
26519 Avenida Veronica
Mission Viejo, CA 92692
Thomas 1. Lingo
31632 Avenida Evita
San Juan Capistrano, CA 92675
Philip Clegg
1575 N. Main Street
Orange, CA 92667
Edward J. White
31642 Avenida Evita
San Juan Capistrano, CA 92675
James E. Stebbins
31681 Avenida Evita
San Juan Capistrano, CA 92675
Agenda Item - August 7,
1990
M*
Final Ma and Subdivision Agreement,
PM 88-402
(Hobbs)
James M. Spaulding
Joe O. Smith
Thomas J. Mothe
25711 Calle Aspero
31765 Aguacate
26001 Via Arboleda
San Juan Capistrano, CA
92675 San Juan Capistrano, CA
92675
San Juan Capistrano, CA 92675
Gary C. Humphreys
Harlan Rogers
Robert E. Wolfsberger
26002 Via Arboleda
P.O. Box 751
P.O. Box 1296
San Juan Capistrano, CA
92675 San Juan Capistrano, CA
92693
San Juan Capistrano, CA 92693
Edward M. Mazzarino
John Harter
Donald G. Hobbs
31722 Avenida Evita
31696 Avenida Evita
31682 Avenida Evita
San Juan Capistrano, CA
92675 San Juan Capistrano, CA
92675
San Juan Capistrano, CA 92675
J. Bradley Taylor
31652 Avenida Evita
San Juan Capistrano, CA 92675
Bruce A. DeMenno
705 Marlin Drive
Laguna Beach, CA 92651
Frank Blancaflor, R.C.E.
M.F. Blancaflor
26519 Avenida Veronica
Mission Viejo, CA 92692
Thomas 1. Lingo
31632 Avenida Evita
San Juan Capistrano, CA 92675
Philip Clegg
1575 N. Main Street
Orange, CA 92667
Edward J. White
31642 Avenida Evita
San Juan Capistrano, CA 92675
James E. Stebbins
31681 Avenida Evita
San Juan Capistrano, CA 92675