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09-1110_HARBIN, DAVID_Subdivision AgreementRECORDING 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 4ChelJohn on, ity Clerk City of San Juan Capistrano PARCEL MAP 92-253 SUBDIVISION AGREEMENT DOC # 94-4441929 15—JUIN-1994 03:59 PM Recorded in Official Records of Oranee County, California Lee A. Branch= County Recorder Page 1 of 11 Fees: $ 35.00 Tax: l 0.00 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 Mr. David Harbin, representing] he Harbin Family Trust, whose mailing address is: 31921 Camino Capistrano, San Juan Capistrano, California 92675, hereinafter called the "Subdivider" and Owners of said land. WITNESSETH: THAT, WHEREAS, Subdivider has filed with the Planning Commission of the City a tentative map for a proposed subdivision, known as Parcel Map 92-253, which has been conditionally approved by the City Council, as attached herein as Exhibit "B", and WHEREAS, Subdivider has been conditioned to enter into an agreement for participation in certain private improvements, noted below, said improvements to be completed subsequent to the acceptance and recordation of the final map of said subdivision. 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 said conditions of approval of said tentative map, the Subdivider hereby undertakes, promises and agrees as follows: That the Subdivider, subsequent parcel owners, heirs or assignees, shall agree to financially participate in the design and construction of the extension of Avenida Evita from the most easterly cul-de-sac to Via Estelita as approved by the City Engineer. f 0 0 2. That the Subdivider, subsequent parcel owners, heirs or assignees, shall pay without protest, their fair share of the above mentioned improvement to the responsible parry, coordinating construction as required by a previous Subdivision Agreement for Parcel Map 88-419 (Clegg), attached herein as Exhibit "A", and shall abide by the conditions of said agreement. That this subdivision agreement shall be recorded with the Orange County Recorder and will be binding on each of the three parcels created by this subdivision. Executed at San Juan Capistrano, California, this /(- day of , 1994. ATTEST: Cheryl John n, Cffy Clerk City of San Juan Capistrano APPROVED AND RECOMMENDED FOR EXECUTION: William M. Huber, Director of Engineering and Building APPROVED AS TO FORM: jailet-Lilz Rich d Denhalter, City Attorney 4k 91gy SUBDIVIDER: i r David Harbin, Trustee Harbin Family Trust (Notarize signature) CITY OF SAN JUAN CAPISTRANO ollex�e�.ampbe1, Mayor RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the Cit antlerk 32400 Paseo Ad o San Juan CapiVtrano, CA 92675 I $C19° 4f,13-772 EXHIBIT 'A` MARY AN HANOVER, City Clerk San Juan Capistrano. California PARCEL MAP 88-419 SUBDIVISION AGREE 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 PHILIP i and NONA CLEGG, whose mailing address is 1575 N. Main Street, Orange. California 92667, hereinafter called the "Subdivider " and Owners of said land. X WITNESSETH: "1 THAT, WHEREAS. Subdivider has filed with the Planning Commission of the City a tentative map for a proposed subdivision, known as Parcel Map'88-419*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: 1. The Subdivider shall design and construct private road extensions of Avenida Evita and Via Estelita in accordance with the following: (a) Subdivider shall design and construct a private driveway 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 private improvement. (b) Once the private road 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. (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 cul-de-sac at the terminus of Via Estelita is constructed. *as more Particularly described in Exhibit "A" attached hereto and made a part hereof. subdivision Agreement Parcel Map 88-419 89-436172 Page 2 to 0 (d) The design of the above -noted improvements shall be subject to the review and approval of the City Engineer. 2. The Subdivider shall be reimbursed by the owners of the benefiting properties on a pro -rata share for the design and construction of private improvements as stated above. Applicant shall be responsible for determining and collecting pro - rata shares from benefiting parties. 3. Subdivider shall develop a maintenance agreement which would bind the parcels of benefit to the ongoing costs of this common driveway. 4. Further Subdivision of Subject Parcels: Due to the design of the subject parcel map, no further subdivisions can be accommodated without changes and/or variances to the Municipal Code. Therefore. a provision shall be recorded on the parcels preventing any further subdivision. Said provision to be recorded with the final map. 5. Subdivider agrees to pay 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 commencing work, Subdivider shall furnish one good and sufficient bond in accordance with the provisions of Chapter 5 of Division 2 of Title 7 of the Government Code, said bond shall be in an amount equal to the total estimated cost of work and improvements not to be dedicated to City but inspected by City personnel. 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 of the work and improvement to be done under this agreement, said extension may be granted by the City Engineer. However, any request for extension which would result in completion of the improvements after January, 1991, must be reviewed and approved by the City Council. Said extension shall in no way affect the validity of this agreement or the obligations hereunder. 9. Subdivider agrees that City may, without any notice, and at its sold option, at any time after the said time for completion has passed, complete, or cause to be completed, all or any part of the said work, and Subdivider shall pay to said City, upon demand, all of the cost of any of said 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. �-4?0ll'2 Subdivision Agreem� Parcel Map 88-419 Page 3 11. City, its officers and employees, except for their own acts, shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the City. 12. At all times, Subdivider 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. Executed at San Juan Capistrano, California, this 18th day of July 1989. SUBDIVIDER ATTEST: Phil "San Juanydpit trano City Clerk APPROVED AND RECOMMENDED FOR CITY EXECUTION: Director of Public Works) l\Gary L APPROVED AS TO FORM: John . Shaw, City Attorney Non4l QAegg JUAN CAPISTRANO Recorded at the TITLE of CONTINENTAL LANDD TITLE CO. Am AUG 17 1989 1� ibit "A" Official Records Orange County. California Q • y3+4., -,Z Recorder Parcels 1, 2, and 3 in the City of San Juan Capistrano, County of Orange, State of California, as per Map filed in Book 245, Pages 25 and 26 of Parcel Maps, in the Office of the County Recorder of said County. 4P A EXHIBIT RESOLUTION NO. 93-9-21.2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP 92-253, A THREE -LOT SUBDIVISION OF ASSESSOR'S PARCEL NUMBER 649-091-20 LOCATED AT 31641 AVENIDA EVITA (HARBIN) WFIEREAS, the applicants, Mr. and Mrs. Harbin, 31921 Camino Capistrano, Suite 425, San Juan Capistrano, 92675, have submitted an application for a three -lot tentative parcel map for Assessor's Parcel Number 649-091-20, a three -acre site located at 31641 Avenida Evita; and, WHE3LEAS, on April 4,1993, the Zoning Administrator approved Conditional Use Permit 91.1, allowing a second residential dweMag unit on Parcel No. 1 of the proposed parcel map; and, WHEREAS, on July 13, 1993, the Environmental Review Board determined that the proposed subdivision would not result in any significant impacts and issued a Negative Declaration; and, WHEREAS, on August 10, 1993, the Planning Commission conducted a public hearing and considered the Negative Declaration and this project with respect to the standards established by the Land Use Code and adopted Resolution No. PC 93.8-10.1, forwarding a recommendation of approval of the project to the City Council. NOW, TT[EREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find that: 1. The Negative Declaration has been reviewed and considered in accordance with the provisions of the California Environmental Quality Act. 2. The proposed parcel map is consistent with the Land Use Code in that the project complies with all of the development standards set forth for minimum lot sive and street frontage. 3. The proposed map's design or improvements are consistent with the General Plan in that the division of the site will provide land for additional residential development, which aids in implementing the General Plan designation of 12 Low Density Residential. 4. The project site is physically suited for the proposed type of development in that it contains gentle slopes that, with minimal finish grading, will be capable of sustaining two single-family homes. 5. The site is physically suited for the proposed density of development in that it can support the proposed development of two additional residences. 6. The proposed project or its improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the Environmental Review Board has determined that the proposed subdivision would not result in any significant impacts to the environment and issued a Negative Declaration for the project. -1- 00 00 7. The design of the subdivision or the type of improvements is not likely to cause serious public health problems in that the Environmental Review Board reviewed the initial study as part of the environmental review process and determined that there are no impacts to public health as a result of this proposal. 8. As conditioned, the proposal will not interfere with any existing or proposed public easements, or equivalent easements are proposed to compensate for the loss of existing easements. 9. The design or improvements of the proposed subdivision will not interfere with the maintenance or preservation of an historic site because the proposed subdivision does not involve any historic structure or site. As part of the environmental review process, the Environmental Review Board determined that no significant impacts would result to any historic site. 10. The proposed project is not subject to City requirements for installation of equestrian feeder trail segments because of General Plan Amendment 90.3, the record of which established that deletion of the extension of Via Estelita relieved property owners of equestrian feeder trail installation responsibility. BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve the Negative Declaration and Tentative Parcel Map 92.253 subject to the following conditions: ATTEST: 1. Prior to Final Map approval the subdivider will enter into a Subdivision Agreement with the City of San Juan Capistrano that will include: a. That the Subdivider, subsequent parcel owners, heirs or assignees, shall agree to financially participate in the design and construction of the extension of Avenida Evita from the most easterly cul-de-sac to Via Fstefita as approved by the City Engineer. b. That the subdivider, subsequent parcel owners, heirs or assignees, shall pay without protest, their Fair Share of the above-mentioned improvement to the responsible party, coordinating construction as required by a previous Subdivision Agreement for Parcel Map 88419 (Clegg), and shall abide by the conditions of said agreement. C. That the subdivision agreement shall be recorded with the Orange County Recorder and will be binding on each of the three parcels created by this subdivision. _ PASSED, APPROVED AND ADOPTED* 21J day of September, 1993. -2- 40 10 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY C 3tTIFY that the foregoing is a true and correct copy of Resolution No. 93.9-21-2, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day of September, 1993, by the following vote: AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) r_�6 CHERYL JOH CITY CLERK -3- CA! 1FORNIA ALL-PURPOSOCKNOWLEDGMENT State of C J'jr N ko�- County of On MG/-�L t 1 024 before me, 5k c.-�y3 t-, 13e&Xr& tieTAr-ti t v 6/1c No 5907 DATE NAME, TITLE OF OFFICER - E.G., VANE DOE. NOTARY PUBLIC' personally appeared NAME(S) OF SIGNER(S) ❑ personally known to me - OR - proved io me on the basis of satisfactory evidence =NPA ...se EA L. BEATTY. 8977219 $BLIC'CALN'ORNIAOE COUNTY t EW Nov. 8.1988 ZseMMesese to be the person(s) whose name(s�are subscribed to the within i strument and ac- knowledged to me that('e he/they executed the same in is er/their thorized capacity(ies), and that by his er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN,ESS my hand and official seal. h-c�i car, L-1 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER NDIVIDUAL CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT .JUb JiS\UVJ �c1reeM�N 1 TITLE OR TYPE OF DOCUMENT Iwu NUMBER OF PAGES 4 o'3't DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 0236 Remmet Ave., P.O. Boz 7184 • Canoga Park, CA 91309-7184 0 State of County 0 On 3 (q% before me,er lo_ c A VD��— DATE / NAM TLE OOF�'FJOFFIICER- E.G..'JANNE DOE, N A' >OTARY PULP personally appeared iCpAle- P& `/ � NAMES) OF SIGNER(It personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence ss"to be the person(p) whose name(g) is/06" CHERYL A. JOHNSON subscribed to the within instrument and ac- ¢. Q' COMM. # 1009470 ? knowledged to me that kle/she/they executed '0 NOtory> Public—California the same in #is/her/tlmTIT authorized ORANGE COUNTY My Comm. Expires DEC 13,1997 capacity(iiiii and that by his/her/thre'rr signature, o on the instrument the person(, or the entity upon behalf of which the personK q rL oH1v3oN acted, executed the instrument. C { ,C?)10 z c Qrr ICWt ss my hand and official seal. A >. My o -nm. P<pires 'ci; 13, 1197 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) ©.e'ORPORATE plLN A R OFFICES) / T E(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: nog 4fjA o PEflS �S REILT� (IE� ATTENTION NOTARY: Although the information requested below is OPTIONAL, it Could pre ent fr udulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Y'`) P 92 -.26-3 MUST BE ATTACHED Number of Pages 7 TO THE DOCUMENT g �� DD te�ment 3 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above, 31991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Par,, CA 91304-7184 May 13, 1994 Mr. David F. Harbin 31921 Camino Capistrano, Unit 425 San Juan Capistrano, California 96275 Dear Mr. Harbin: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER GIL JONES CAROLYN NASH JEFFVASOUEZ CITY MANAGER GEORGE SCARBOROUGH At their meeting of May 3, 1994, the City Council of the City of San Juan Capistrano approved Final Map 92-253, based on the finding that the Map was in conformance with the Subdivision Map act, the conditions set forth by Resolution No. 93-9-21-2, and with the Council's approval to defer the Parks and Recreation fees until the issuance of building permits. The City Council also approved the Subdivision Agreement, a fully -executed copy of which is enclosed for your files. The City's copy of the Subdivision Agreement has been forwarded to the Orange County Recorder's Office. If you have any questions, please let us know. Very truly yours, ,J Cheryl Johnson City Clerk Enclosure M Director of Engineering and Building Tony Foster 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 0 AYES: Council Members Jones, Nash, Vasquez and Mayor Campbell NOES: None ABSENT: Council Member Hausdorfer 1. APPROVAL OF CITY COUNCIL MINUTES OF APRII., 5, 1994 The Minutes of the Regular Meeting of April 5, 1994, were approved as submitted. Council Member Vasquez abstained due to his absence from the April 5, 1994, meeting. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES OF APRIL 5 1994 The Minutes of the Regular Meeting of April 5, 1994, were approved as submitted. Council Member Vasquez abstained due to his absence from the April 5, 1994, meeting. 3. RECEIVE AND FILE WARRANTS OF APRIL. 1994 (300.30) The List of Demands dated April 5, 1994, in the total amount of $30,093.39, and the List of Demands dated April 13, 1994, in the total amount of S1,030,932.06, were received and filed. 4. APPROVAL OF FINAL MAP AND SUBDIVISION AGREEMENT, PARCEL MAP 92.253 600.30 r As set forth in the Reportdated May 3, 1994, from the Director of Engineering and Building, Final Map 92-253 was approved based on the finding that the Map was in conformance with the Subdivision Map act, the conditions set forth by Resolution No. 93-9-21-2, and with the April 19, 1994, City Council approval to defer the Parks and Recreation fees until the issuance of buildmg permits. The City Engineer and City Clerk were authorized to execute the Final Map. The Mayor and City Clerk were authorized to execute the Subdivision Agreement. The City Clerk was directed to forward both documents to the Orange County Recorder. PUBLIC KEAMGS - None Council recessed at 8:40 pm. to convene the San Jun Capistrano Community Redevelopment Agency, and reconvened at 8:41 p.m ADN NISTRATIVE 1TEM8 Written Communications: Report dated May 3, 1994, from the Director of Planning, advising that the County had requested the City's participation in the planting phase of the Natural Commoniba Conservation Program. The Natural Comomtmroa conservation Pl— Program was established by CaWar is law under the Natural Communities Conservation Ph®g Act of 1991 (Assembly Bill 2172) as an ahemative to the Stere Endangered Species Act single species protection program The purpose of the Staoo-wide Nst rd Community Conservation Pbmno Program is to provide for regional natural community habitat -based protection and perpetuation of natural City Council Minutes -3- 5/3/94 0 0 rselad"O r 43 TO: George Scarborough, City Manager May 3, 1994 FROM: William M. Huber, Director of Engineering and Building SUBJECT: Approval of Final Map and Subdivision Agreement, Parcel Map 92-253, Harbin, 31641 Avenida Evita RECOMMENDATION By motion: Approve Final Map 92-253, based on the finding that the Final Map is in conformance with the Subdivision Map Act, the conditions set forth by Resolution No. 93-9-21-2, and with the April 19, 1994 City Council approval to defer the Parks and Recreation fees until the issuance of building permits. 2. 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. 3. Direct the Mayor and City Clerk to execute the Subdivision Agreement and authorize the City Clerk to record the Agreement concurrently with the Final Map. SITUATION A. Summary and Recommendation Mr. David Harbin has submitted the above -referenced map in order to subdivide a 3.002 acre lot into three residential parcels, one having been previously developed. Staff recommends approval of the Final Map and Subdivision Agreement. The Avenida Evita access is proposed to be closed and Via Estelita is to be extended by a proposed private drive (please refer to the attached location map). The improvements are to be paid for and installed by the benefiting parcel owners. Previous subdivisions accessing Avenida Evita have entered into agreements insuring construction of the drive. The parcels being created are subject to the benefit of the proposed drive and are required to cooperate via the attached Subdivision Agreement. Deferral of the Park and Recreation fees, until the issuance of building permits, was approved by City Council on April 19, 1994. In order to secure payment of such deferral, FOR CRY COUNCIL AGER / 1 I Ll AGENDAITEM May 3, 1994 Page 2 0 which may be required from future parcel owners (if parcels are sold prior to building permit issuance), Staff recommends requiring notification of each lot's grant deed that Parks and Recreation fees be collected upon issuance of any City building permits and inclusion of an Improvement Certificate on the Final Map. COMMISSIONBOARD REVIEW. RECOMMENDATIONS This subdivision was previously reviewed by the Planning Commission. 111U.19LIKA• • All fees required prior to Final Map approval have been paid with the exception of the deferred Parks and Recreation fees. Please refer to the attached mailing list. F.10111-k4eng• Approve the Final Map and subdivision Agreement. 2. Do not approve the Final Map or the Subdivision Agreement. 3. Request additional information from Staff. S cmemU I CIL41•' • By motion: Approve Final Map 92-253, based on the finding that the Final Map is in conformance with the Subdivision Map Act, the conditions set forth by Resolution No. 93-9-21-2, and with the April 19,1994 City Council approval to defer the Parks and Recreation fees until the issuance of building permits. 2. 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. Direct the Mayor and City Clerk to execute the Subdivision Agreement and authorize the City Clerk to record the Agreement concurrently with the Final Map. 0 AGENDA ITEM May 3, 1994 Page 3 Respectfully submitted, William M. Huber, P.E. Attachments: 1. Resolution 93-9-21-2 2. Location Map 3. Mailing List 4. Subdivision Agreement Harbimap 0 Project Manager Fo't .AnthonyFoster • • 125 ATTACHMENT 1 RESOLUTION NO. 93-9-21-2 •Ir�s•):i1Y71�Y✓V V 0:41mile1 • % • :1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP 92-253, A THREE -LOT SUBDIVISION OF ASSESSOR'S PARCEL NUMBER 649-091-20 LOCATED AT 31641 AVENIDA EVITA (HARBIN) WHEREAS, the applicants, Mr. and Mrs. Harbin, 31921 Camino Capistrano, Suite 425, San Juan Capistrano, 92675, have submitted an application for a three -lot tentative parcel map for Assessor's Parcel Number 649-091-20, a three -acre site located at 31641 Avenida Evita; and, WHEREAS, on April 4,1993, the Zoning Administrator approved Conditional Use Permit 91-1, allowing a second residential dwelling unit on Parcel No. 1 of the proposed parcel map; and, WHEREAS, on July 13, 1993, the Enviromnental Review Board determined that the proposed subdivision would not result in any significant impacts and issued a Negative Declaration; and, WHEREAS, on August 10, 1993, the Planning Commission conducted a public hearing and considered the Negative Declaration and this project with respect to the standards established by the Land Use Code and adopted Resolution No. PC 93-8-10.1, forwarding a recommendation of approval of the project to the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find that: 1. The Negative Declaration has been reviewed and considered in accordance with the provisions of the California Environmental Quality Act. 2. The proposed parcel map is consistent with the Land Use Code in that the project complies with all of the development standards set forth for minimum lot size and street frontage. 3. The proposed map's design or improvements are consistent with the General Plan in that the division of the site will provide land for additional residential development, which aids in implementing the General Plan designation of 1.2 Low Density Residential. 4. The project site is physically suited for the proposed type of development in that it contains gentle slopes that, with minimal finish grading, will be capable of sustaining two single-family homes. 5. The site is physically suited for the proposed density of development in that it can support the proposed development of two additional residences. 6. The proposed project or its improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the Environmental Review Board has determined that the proposed subdivision would not result in any significant impacts to the environment and issued a Negative Declaration for the project. 1- 126 7. The design of the subdivision or the type of improvements is not likely to cause serious public health problems in that the Environmental Review Board reviewed the initial study as part of the environmental review process and determined that there are no impacts to public health as a result of this proposal. 8. As conditioned, the proposal will not interfere with any existing or proposed public easements, or equivalent easements are proposed to compensate for the loss of existing easements. 9. The design or improvements of the proposed subdivision will not interfere with the maintenance or preservation of an historic site because the proposed subdivision does not involve any historic structure or site. As part of the environmental review process, the Environmental Review Board determined that no significant impacts would result to any historic site. 10. The proposed project is not subject to City requirements for installation of equestrian feeder trail segments because of General Plan Amendment 90-3, the record of which established that deletion of the extension of Via Estefita relieved property owners of equestrian feeder trail installation responsibility. BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve the Negative Declaration and Tentative Parcel Map 92-253 subject to the following conditions: ATTEST: 1. Prior to Final Map approval the subdivider will enter into a Subdivision Agreement with the City of San Juan Capistrano that will include: a. That the Subdivider, subsequent parcel owners, heirs or assignees, shall agree to financially participate in the design and construction of the extension of Avenida Evita from the most easterly cul-de-sac to Via Estelita as approved by the City Engineer. b. That the subdivider, subsequent parcel owners, heirs or assignees, shall pay without protest, their Fair Share of the above-mentioned improvement to the responsible party, coordinating construction as required by a previous Subdivision Agreement for Parcel Map 88-419 (Clegg), and shall abide by the conditions of said agreement. C. That the subdivision agreement shall be recorded with the Orange County Recorder and will be binding on each of the three parcels created by this subdivision. I PASSED, APPROVED, AND ADOPTED)fiis 21* day of September, 1993. 11 -W -TOA I 9Aa PM 92--253 (Harbin) ATTACHMENT 2 r • NOTIFICATION LIST ATTACHMENT 3 649-331-08 649-331-09 649-331-10 Alan Marshall Bynder Doppes Dev. Inc. Chong Chiu 31591 Peppertree Bend 1 I Old Ranch Road 28061 Paseo Aldonza San Juan Capistrano, CA 92675 Laguna Niguel, CA 92675 San Juan Capistrano, CA 92675 649-331-11 Bruce E. Fettel 31631 Peppertree Bend San Juan Capistrano, CA 9267 649-342-02 Glen Fouret 31651 Peppertree Bend San Juan Capistrano, CA 9267 649-101-35 Nicholas Hartman 208 Avenida De La Riviera San Clemente, CA 92672 649-091-23 Harry R. Riley 31752 Avenida Evita San Juan Capistrano, CA 92675 649-091-27 J. Bradley Taylor 31652 Avenida Evita San Juan Capistrano, CA 92675 649-091-32 Bruce A. Demenno 26092 Paseo Minero San Juan Capistrano, CA 92675 Bear Brand Ranch Com. Assn 649-342-01 Balboa Mgmt.Grp.Attn: Betty Riley L. Ramon Bonin 30101 Town Center Dr. 32275 Peppertree Bend Laguna Niguel, CA 92677 San Juan Capistrano, CA 92675 649-101-21 G. Richard Spaulding 31611 Sacarama Lane San Juan Capistrano, CA 92675 649-101-36 Nicholas Hartman 208 Avenida De La Riviera San Clemente, CA 92672 649-091-24 Northeast Savings 50 State House Square Hartford, CT 06103 649-091-28 Thomas Lingo 31632 Avenida Evita San Juan Capistrano, CA 92675 649-091-33 Philip Clegg 31671 Avenida Evita San Juan Capistrano, CA 92675 649-091-35 649-091-36 Donald G. Hobbs Donald L. Jones 31682 Avenida Evita 3848 Campus Dr., Ste 112 San Juan Capistrano, CA 92675 Newport Beach, CA 92660 649-101-34 Bruce M. patterson 31471 Aguacate Road San Juan Capistrano, CA 92675 649-091-20 David F. Harbin 31921 Camino Capistrano, Unit 425 San Juan Capistrano, CA 92675 649-091-25 John Harter 31696 Avenida Evita San Juan Capistrano, CA 92675 649-091-29 Edward J. White 31642 Avenida Evita San Juan Capistrano, CA 92675 649-091-34 James E. Stebbins 31681 Avenida Evita San Juan Capistrano, CA 92675 • Subdivision Agreement `9Parcel Map 88-419 • ® CiJ-436171 Page 2 (d) The design of the above -noted improvements shall be subject to the review and approval of the City Engineer. 2. The Subdivider shall be reimbursed by the owners of the benefiting properties on a pro -rata share for the design and construction of private improvements as stated above. Applicant shall be responsible for determining and collecting pro - rata shares from benefiting parties. 3. Subdivider shall develop a maintenance agreement which would bind- the parcels of benefit to the ongoing costs of this common driveway. 4. Further Subdivision of Subject Parcels: Due to the design of the subject parcel map, no further subdivisions can be accommodated without changes and/or variances to the Municipal Code. Therefore, a provision shall be recorded on the parcels preventing any further subdivision. Said provision to be recorded with the final map. 5. Subdivider agrees to pay 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 commencing work. Subdivider shall furnish one good and sufficient bond in accordance with the provisions of Chapter 5 of Division 2 of Title 7 of the Government Code, said bond shall be in an amount equal to the total estimated cost of work and improvements not to be dedicated to City but inspected by City personnel. 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 additionsl 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 of the work and improvement to be done under this agreement, said extension may be granted by the City Engineer. However, any request for extension which would result in completion of the improvements after January, 1991, must be reviewed and approved by the City Council. Said extension shall in no way affect the validity of this agreement or the obligations hereunder. 9. Subdivider agrees that City may, without any notice, and at its sold option, at any time after the said time for completion has passed, complete, or cause to be completed, all or any part of the said work, and Subdivider shall pay to said City, upon demand, all of the cost of any of said 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. 71 J✓Im 1$15-001If,13bT12 EXHIBIT C19 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the Cit Jerk 32400 Paseo Ad auto San Juan Capiytrano. CA 92675 / MARY AN HANOVER. City Clerk San Juan Capistrano. California PARCEL MAP 88-419 SUBDIVISION 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 PHILIP and NONA CLEGG, whose mailing address is 1575 N. Main Street. Orange, California 92667, hereinafter called the "Subdivider" and Owners of said land. "K WITNESSETH: "1 THAT, WHEREAS. Subdivider has filed with the Planning Commission of the b City a tentative map for a proposed subdivision, known as Parcel Map'88-419*which has been conditionally approved by the City Council, and Q� 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: 1. The Subdivider shall design and construct private road extensions of Avenida Evita and Via Estelita in accordance with the following: (a) Subdivider shall design and construct a private driveway 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 private improvement. (b) Once the private road 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. (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 cul-de-sac at the terminus of Via Estelita is constructed. *as more particularly described in Exhibit "A" attached hereto and made a part hereof. Subdivision Agreem Parcel Map 88-419 Page 3 11. City, its officers and employees, except for their own acts, shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the City. 12. At all times, Subdivider 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. Executed at San Juan Capistrano, California, this 18th day of Jules 1989. SUBDIVIDER ATTEST: Philip C1 i San Juan pi trano City Clerk egg APPROVED AND RECOMMENDED FOR CITY OF�9N JUAN CAPISTRANO EXECUTION: l (/.IL_ 1� I y: Director of Public Works � Qary L. ausdorfer, APP OVED AS TO FORM: John . Shaw, City Attorney • Recorded at the request of CONTINENTAL LAND TITLE CO. &M. AUA It 7 1989 Exhibit "A" Official Recc,is Orange Courrty. Ca/ifornia t2. Y6%a.+ ,/, Recorder Parcels 1, 2, and 3 in the City of San Juan Capistrano, County of Orange, State of California, as per Map filed in Book 245, Pages 25 and 26 of Parcel Maps, in the Office of the County Recorder of said County. 00 ap RESOLUTION NO. 93-9-21-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP 92-253, A THREE -LOT SUBDIVISION OF ASSESSOR'S PARCEL NUMBER 649-091-20 LOCATED AT 31641 AVENIDA EVITA (HARBIN) EXHISIT `151 WHEREAS, the applicants, Mr. and Mrs. Harbin, 31921 Camino Capistrano, Suite 425, San Juan Capistrano, 92675, have submitted an application for a tbree-lot tentative parcel map for Assessor's Parcel Number 649-091-20, a three -acre site located at 31641 Avenida Evita; and, WHEREAS, on April 4,1993, the Zoning Administrator approved Conditional Use Permit 91-1, allowing a second residential dwelling unit on Parcel No. 1 of the proposed parcel map; and, WHEREAS, on July 13, 1993, the Environmental Review Board determined that the proposed subdivision would not result in any significant impacts and issued a Negative Declaration; and, WHEREAS, on August 10, 1993, the Planning Commission conducted a public hearing and considered the Negative Declaration and this project with respect to the standards established by the Land Use Code and adopted Resolution No. PC 93-8-10-1, forwarding a recommendation of approval of the project to the City Council, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find that: 1. The Negative Declaration has been reviewed and considered in accordance with the provisions of the California Environmental Quality Act. 2. The proposed parcel map is consistent with the Land Use Code in that the project complies with all of the development standards set forth for minimum lot size and street frontage. 3. The proposed map's design or improvements are consistent with the General Plan in that the division of the site will provide land for additional residential development, which aids in implementing the General Plan designation of 1.2 Low Density Residential. 4. The project site is physically suited for the proposed type of development in that it contains gentle slopes that, with minimal finish grading, will be capable of sustaining two single-family homes. 5. The site is physically suited for the proposed density of development in that it can support the proposed development of two additional residences. 6. The proposed project or its improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the Environmental Review Board has determined that the proposed subdivision would not result in any significant impacts to the environment and issued a Negative Declaration for the project. 1- r0 041D 7. The design of the subdivision or the type of improvements is not likely to cause serious public health problems in that the Environmental Review Board reviewed the initial study as part of the environmental review process and determined that there are no impacts to public health as a result of this proposal. 8. As conditioned, the proposal will not interfere with any existing or proposed public easements, or equivalent easements are proposed to compensate for the loss of existing easements. 9. The design or improvements of the proposed subdivision will not interfere with the maintenance or preservation of an historic site because the proposed subdivision does not involve any historic structure or site. As part of the environmental review process, the Environmental Review Board determined that no significant impacts would result to any historic site. 10. The proposed project is not subject to City requirements for installation of equestrian feeder trail segments because of General Plan Amendment 90-3, the record of which established that deletion of the extension of Via Estehta relieved property owners of equestrian feeder trail installation responsibility. BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve the Negative Declaration and Tentative Parcel Map 92-253 subject to the following conditions: ATTEST: 1. Prior to Final Map approval the subdivider will enter into a Subdivision Agreement with the City of San Juan Capistrano that will include: a. That the Subdivider, subsequent parcel owners, hers or assignees, shall agree to financially participate in the design and construction of the extension of Avenida Evita from the most easterly cul-de-sac to Via Estelita as approved by the City Engineer. b. That the subdivider, subsequent parcel owners, hers or assignees, shall pay without protest, their Fair Share of the above-mentioned improvement to the responsible party, coordinating construction as required by a previous Subdivision Agreement for Parcel Map 88.419 (Clegg), and shall abide by the conditions of said agreement. C. That the subdivision agreement shall be recorded with the Orange County Recorder and will be binding on each of the three parcels created by this subdivision. PASSED, APPROVED, AND ADOPTED p6 21st day of September, 1993, ILN✓a� ,/ -2- 00 jP0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 93-9-21-2, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 219 day of September, 1993, by the following vote: AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None CHERYL JOH CITY CLERK -3- May 13, 1994 Recorder's Office County of Orange P. O.Box 238 Santa Ana, California 92702 Re: Gentlemen: The following document is enclosed for recordation: Subdivision Agreement relating to Final Map 92-253 A check in the amount of $35.00 is enclosed to cover the recording costs. When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. F; Very truly yours, _ M v iN ma`m c a s z�rx, amx v �+ r•i o 0 Cheryl Johnson x City Clerk Document Number A 2 � o x = cr.m Enclosure Q. 1 2 Date 32400 PASEO ADELANTO, SAN JUAN CAPISI"RANO, CALIFORNIA 92675 0 (714) 493-1171 .Javan y r MEMBERS OF THE CITY COUNCIL E CAMPBELL GARYL. GARY L HAl1SDORFER 1961 GILmmeaonairn CA JONES GAROLYN NASH isieuisx[p 1776 JEFF VAGOUE2 • CITY MANAGER A GEORGESCARBOROUGH May 13, 1994 Recorder's Office County of Orange P. O.Box 238 Santa Ana, California 92702 Re: Gentlemen: The following document is enclosed for recordation: Subdivision Agreement relating to Final Map 92-253 A check in the amount of $35.00 is enclosed to cover the recording costs. When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. F; Very truly yours, _ M v iN ma`m c a s z�rx, amx v �+ r•i o 0 Cheryl Johnson x City Clerk Document Number A 2 � o x = cr.m Enclosure Q. 1 2 Date 32400 PASEO ADELANTO, SAN JUAN CAPISI"RANO, CALIFORNIA 92675 0 (714) 493-1171 RETURN ADDRESS:• OE MAY 2 5 W4 Poor� � b%P1 -P livP lid n& 6 92075 We are returning CORDED naming together with your remittance of $3 Ck. Nom 72_0 for the reasons checked below: S j e(Y�c (1) The recorder can find no provision in the law authorizing the recording of the enclosed document(s). (2) Recording cannot be performed in this county, please forward to county shown on the document. (3) For proper indexing a. "Et al" is not acceptable; all parties must be named. b. The name of the company, corporation or partnership must be at the signature point. c. The trustee of a trust must be identified as such. d. The names in the caption, execution and notary acknowledgment must match. (4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax due or an acceptable reason for exemption. (see bulletin) (5) The city where the property is located or "unincorporated area" must be stated on the deed and the tax declaration must indicate how the tax was computed. (6) The preliminary change of ownership report is incomplete or unsigned. Please complete or correct the areas checked in red. (7) The notary acknowledgment is incomplete (please see red check) or is an incorrect form. A form is required. (8) The notary seal/signature is missing or is illegible. (9) Portion(s) of the document are illegible (please see red check). You may either execute and submit a new original or you may add a legible copy and a certification by the party creating the copy under penalty of perjury that it is a true copy of the original. (Gov. Code section 27361.7) (10) The legal description/exhibit has been omitted. All exhibits must also be referenced in the body of the document and appropriately labeled. (11) Recording reference (date and document number or book and page) of the prior recorded document is incorrect or was omitted. (12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the judgment debtor(s) and the address at which the summons was served or mailed. (13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is affected must be identified (i.e. owner etc.) (14) To properly perfect a security interest, this UCC -1 must be filed with the Secretary of State, Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a "fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must include a statement that it is a fixture filing to be recorded in the real estate records, a description of real property in Orange County and, if the debtor does not own the real property, the name of the owner. (15) We have received your check without a document or letter of instruction. We are unable to determine the intent of the fees. (16) The correct fees will be $ . If an attachment is added to the document, the fee will increase $3.00 per page or portion thereof. (17) OTHER: LEE A. BRGNCH, ORANGE C NTY RE ORDER BY �cZ2tiL Deputy Recorder -0 F0622-105 M1 0/91)