Loading...
1972-1226_KLUG DEVELOPMENT CO INC_AgreementJ. W. K L U G D E V E L O P M E N T C O., I N C. 4540 CAMPUS DRIVE - NEWPORT BEACH, CALIFORNIA 92660 • (714) 546-8801 December 26, 1972 Honorable City Council City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California Re: Final Tract Map Tract 6742 r' Gentlemen: �O i 9'Ya We respectfully request that you consider our Final Tract Map of Tract 6742, at your City Council Meeting of December 26, 1972. We submitted the Agreements, Bonds and Fees for this Tract on Friday, December 15, 1972. It was our understanding at that time, that we would be on the December 26, 1972, agenda. The Impact Committee approved our Environmental Impact Report on December 14, 1972. They requested some additional documentation from the firm which prepared the report. Which information has been forwarded to the City Staff. If our Final Map is not approved at your December 26, 1972 Meeting, we may suffer substantial damages as follows: 1. We have an loan commitment for this development in the amount of $2,885,000.00. Said commitment is valid only if the Tract Map and Loan are recorded on or before December 29, 1972. If the map records after this date, we may not be able to obtain a loan in a like amount and at the same favorable interest rate. M Honorable City Council City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California December 26, 1972 Page 2 2. After considerable negotiation, we were able to obtain the deeds for the right-of-way for Calle Aspero from the adjacent landowners. Calle Aspero will serve as the access road to Tract 6742, Tract 7112 and the Meisner Subdivision. These deeds for Calle Aspero right-of-way must record concurrently with the recordation of Tract 6742. One of these deeds has a time limit for recordation which may be affected if our map is not approved on December 26, 1972. 3. We have expended a substantial amount of time and money on Tract 7112, adjacent to Tract 6742. Our purchase escrow on Tract 7112 is scheduled to close on December 29, 1972. However, this escrow can close only after the recordation of Tract 6742, since we must have Calle Aspero as the access to this property. We have completed and submitted our engineering in a timely manner for this subdivision. In addition, our Environmental Impact Report was one of the first submitted to the City, having been submitted on November 3, 1972. In summary, we have done everything with the Subdivision Map Act and the Act of 1970, and we would appreciate Map at this time. ThAryk you, J%: f�l KLUG DEVELOPMENT CO., INC. �ohn W. 1 President Jcm CC: Donald G. Weidner City Manager City of San Juan Capistrano we could do to comply Environmental Quality your approving our "'.S A G R E EM ENI , made aC er';0. re !, n;;C t S�L- ����"")) ���� J. W. KLUG DEVELOPMENT "�/�.Cy and between OTI COMPANY, NC. i^e "^r.�n� SUSDIV'DER and the CITY O. Z) JUAN CAPISTRANO, a. o^_:y ta':e Or California, hereinafter designated as CITY: _ I < W L T N E S_ T n: I X" EREAS, the SUBDIVIDER has prepared and Offered for acr el', CITY a final map of Tract No. -.67in the City of San Jr,.. C,.. Cc. - '':y of Orange, and iA �.^MEAS, the SUBDIVIDER as a c0"n_ltion of approval o.O _..' ,v ... .. n -Y. 'is re quired to construct or agrcc to construct cert-aln-•nr^. R ..1. to A n.� fl t lc . Neel. el std REAS, the ins,,ullaei o. the pwDi � s, es, sewers. _•. _ , _^':reef lighting facilities as shown On the Plans in connectic.n w"t mn Nevemcrts for said Tract No. 67L2 w 1 f Ifi i 1 1eN ee .i: renin^ .. .. NOW, T'IEREFORE, IT iS AGREED by and between the parties fO77oWs: .Ln consideration of the approval gf said, final map by _ ^ S.'"D'VIDER agrees: That the SUBDIVIDER will at the -Ole cost and ex7c-'^. ^;� .. construct and Install all of the Oubiic 11ac' !.c s _. _ !.^� heated vpon the "plans for Street 'mprovementS inCludi^n System, DomesticWater System and Sanitary Sewers of 2 > 'On file in the office Of the City Clerk Of the Ci.�y C� Cep"S:ranoi said °Plans for Street Improvements including J`.:ren� Svstem, Domestic 'dater System and Sanitary Sewers of Tract �' 67L2" referred t0 and made e. part of thus Agrcement as ti^,n'r•' '.r _ THE SUBDIVIDER, AT THE SOLE COST AND EXPENSE OF THE SUBDIVIDER, SHALL PROVIDE FOR THE ACQUISITION OF RIGHT OF WAY NECESSARY TO SERVE TRACT No. 6742• 2. TO SECURE THE FAITHFUL PERFORMANCE OF THIS AGREEMENT, THE SUBDIVIDER AGREES TO FURNISH TO THE CITY A GOOD AND SUFFICIENT BOND EXECUTED BY A CORPORATION AUTHORIZED TO TRANSACT SURETY BUSINESS IN THE STATE OF CALIFORNIA IN THE SUM OF TWO HUNDRED NINTY- NINE THOUSAND, FOUR -HUNDRED DOLLARS SAID BOND TO BE APPROVED BY THE CITY. IC !4L .r 3. It is mutually agreed that the work herein required to be done by the SUBDIVIDER shall on the written request of the SUBDIVIDER made to the City Engineer be inspected by him and if found to be in order, accepted as it progresses. In such case the SUBDIVIDER shall be entitled to a partial refund of money deposited to secure faithful performance, in a sum in the same ratio to the total money deposited as the work accepted bears to the total work to be done, provided that the CITY'S Engineer has first certified to the City Council the amount of work completed and to be accepted and the amount of partial refund to which the SUBDIVIDER is entitled and the City Council approves such refund and further provided that no refund in excess of Eighty-five percent (85%) of the total amount of the original deposit shall be made until all of the work is completed and accepted. 4. The SUBDIVIDER agrees to commence the construction and instal- lation of said improvements within 180 days from the approval of said map by the CITY and shall complete said work within 365 days from the date of said approval. This agreement is entered into pursuant to the provisions of Div. 4, Pt. 2, Ch. 2; Art. 9 of the Business and Professions Code of the State of California. IN WITNESS WHEREOF, has executed these presents as the SUBDIVIDER, and the CITY OF SAN JUAN CAPISTRANO has caused these presents to be executed by the Mayor of the City Council and attested by the City Clerk and ex -officio Clerk of the City Council, as the CITY, above written. ATTEST: the day and year in this instrument first J. W� UG DEVELOPMEDI� IC C. By: John W. Klug, President CITY OF SAN JUAN CAPISTRANO Wanda E. Anderson, City Clerk and ex -officio Clerk By: Mayor ( O (Corprp orr ation) STATE OF CALIFORNIA l COUNTY OF ORANGE } SS. TOn December 15, 1972 before me, the undersigned, a Notary Public in and for said State, personally appeared — John W. K1llq w known to me to be the President, and -------- , rc to known to me to be -firveaetersy of the corporation that executed the within Instrument, = known to me to be the persons who executed the within j Instrument on behalf of the corporation therein named, and Ile - acknowledged to me that such corporation executed the within +:'"-"".'s^�.t...n,,.y,,,,4 �. instrument pursuant to its by-laws or a resolution of its board•y:- !,I"'^+•A.;;,,,i; of directors. `fl .. _ moi' .:' , s• WITNESS my nd and official seal. ;' (_,i.. t'• I.0'�N$ M CRAN'GCC,,�.,... ,) Signature ��Lrr�-z- it „Yy Commncion-; c: 69a r. 2i, i.?; i, ,I Jane C. Robins Name (Typed or Printed) (This aroa for official notarial seal) RECEIVED SANTA ANA DEC 18 1972 9 WOODSIDE•KUBOTA & ASSOC. CONSULTING ENGINEERS i£.'rdl test Uppingham Dive • Thousand Orek;., Ca7ifurnia �ai36O • Tels pian ne (£-;OS) r, �._3 cG: December 19, 1972 To: City of San Juan Capistrano City Council From: Envicom Corporation Subject: Addendum letter to Environmental Impact Reports on J.W. Klug Development Co. Tracts 6742 and 7112 (City file numbers EIR 72-1005 and EIR 72-1010) At the request of the City of San Juan Capistrano Impact Committee in their meeting on December 14, 1972, this letter is submitted providing additional information on Traffic, Schools, Noise and References used in compiling the original Environmental Impact Reports on the subject tracts. In the preparation of this addendum, discussions were held with the City's consultants Hayworth and Anderson as per instructions by the Impact Committee. The decision of the Impact Committee was to recommend approval and forward to the City Council for further action along with submittal of this addendum letter. Sincerely S4 ��" Joseph G. Johns President JGJ/nj r v December 19, 1972 To: City of San Juan Capistrano City Council From: Envicom Corporation Subject: Addendum letter to Environmental Impact Reports on J.W. Klug Development Co. Tracts 6742 and 7112 (City file numbers EIR 72-1005 and EIR 72-1010) At the request of the City of San Juan Capistrano Impact Committee in their meeting on December 14, 1972, this letter is submitted providing additional information on Traffic, Schools, Noise and References used in compiling the original Environmental Impact Reports on the subject tracts. In the preparation of this addendum, discussions were held with the City's consultants Hayworth and Anderson as per instructions by the Impact Committee. The decision of the Impact Committee was to recommend approval and forward to the City Council for further action along with submittal of this addendum letter. Sincerely S4 ��" Joseph G. Johns President JGJ/nj REFERENCES General The Physical Environment of Orange County; Orange County Planning Department, 1972 Planning and Zoning Zoning Map, City of San Juan Capistrano; last revised August 9, 1971 General Plan, Land Use Element, City of San Juan Capistrano; last amended May 20, 1968 Historical and Archeological Historical Landmarks, Orange County; Orange County Planning Department, May 1969 Geology and Soils Preliminary Geologic Map of the Dana Point Quadrangle, California; W.J. Edgington, California Division of Mines and Geology, 1972, unpublished Preliminary Geologic Map of the San Juan Capistrano Quadrangle, California; Paul Morton, California Division of Mines and Geology, 1972, unpublished Soils Report on Tract 6742, dated Nov. 1, 1972 by Cal West Engineering Company Seismicity Crustal Movement Investigations in California: their history, data, and significance; R.W. Greensfelder, California Division of Mines and Geology Special Publication 37, 1972 Provisional Fault Map of California, Seismic Safety Information, 72-1; California Division of Mines and Geology, 1972 Preliminary Earthquake Epicenter Map of California, 1934-1971, Seismic Safety Information, 72-3; California Division of Mines and Geology, 1972 Crustal Strain and Fault Movement Investigation, Fault and Earthquake Epicenters in California; California Department of Water Resources, 1964. Schools School Attendance Areas and About Your School District; Capistrano Unified School District, October, 1972 Traffic Traffic Flow, County of Orange; Orange County Road Department, August, 1972 TRAFFTr Estimated traffic flow in and out of the two proposed tracts and estimated increases on Del Obispo Street are shown in the accompanying table, Traffic Analysis. This analysis indicates a peak load (one-way) of approx- imately 123 vehicles per hour on Calle Aspero from the two tracts. Additions from the few existing homes should bring the load to approximately 150 vehicles per hour or 2.5 per minute. The proposed improvement of Calle Aspero should accomodate this level of use. The increased load on Del Obispo for both tracts is estimated at 2052 "trip -ins" per day, or an increase of 50%. This is a substantial increase, but the resulting load is still less than the existing 7000 per day on the segment of Del Obispo south of Del Avion. NOISE (supplemental statement Tr. 7112, p.11, Tr. 6742, p.15) Existing noise levels in the two tracts are low because of its isolation from major existing sources closer to the City and the San Diego Freeway. The principal sources of noise are the activities and pets of the existing residents to the northeast. No detailed noise survey has been conducted and none has been requested. For purposes of reference, the noise levels normally recorded in this environment range from 40 to 65 dba. This noise range has been established by comparison with other agency (Army Corps of Engineers, etc.) studies in Orange County. ARCTIAEOLOGY (supplemental statement page 3 both reports) Although no archaeological, paleontological or historical sites are known to be present on the property, if during the course of grading operations artifacts are found, the developer will allow archaeological or paleontological investigations to determine the value and geographical extent of such artifacts. MITIGATION MEASURES (supplemental statement Tr. 7112, p.12 Tr. 6742, p. 17) Upon completion of grading, but prior to construction of homes, the protection of slopes (more than 6 to 8 feet) will require planting almost immediately to prevent erosion. Deep-rooted vegetation (other than iceplant) should be used in the planting of these slopes. Landscaping will be in accord with current requirements of the City of San Juan Capistrano. 1 N M r4 r U) r �o N N N O H N r 4J 1-4 N r -I U H ro ro M f) r•i sa v H Q a ri N 9a CD ui N 0 r 31 044 N O N 0 o v' o +i r <r 00 un U cr 00 ro O H N u rd \ H m 0 LnJ W O .0 a 0 'd q tU H 3 O r -I W U .ri w w ro E 0 M U) O v P, ro CAO ro 0 0 M f) r•i v Q a ri 9a CD ui N 0 M 044 N O N O Q 4 •41 cr ' N O H N rd \ m 0 ul •ri P H a 1 w 04 a rl v0 J O 4-1 O Ea - r-1 V - Cu •rl U T U w H N w w W rU w 1 w H 1 H O >I U +-) x x a ro rd o In ro z a a 0 v CAO ro M f) a 9a CD ui M O N :1 Q •41 N rd •rA aj 04 a v0 O N T m w o a U +-) 0 as In ro r 1 vi N �3 tl N b) N q :J w ro K� O u O E •,I � U w + }4 O rO C v a a w tfI o . � Q ro 3 .c i .v x rd0 w o .0 x O Q)04 0 W RO '� N D O C P. Q a ? 3 17% rl -I r v N (Cls4 Ln P4 P 0u 0 -153 U H r -II 1-1 (aU r N ,I N •� w N O w g M N �+ w O =_ -0 •.i cu 0 "1 S4j -,A O U 3 •'1 U 1 td w .11 14-4 � i6d 44 m ro R H Q, O� sa w W U)x ro ro a .0 ro w >, H -II O to �- SUa -W U 3 N r G CN >1 d rq o o w o b, r -I Q •r1 UJ H W w M •ri rir. x O N m N N Q •rl ro O v v H N ro a w '° r u cn v N y N W Q, Q, [ Q,' O u rNi u 3 x o W H H -I1 SCHOOLS (supplemental statement Tr.7112, p.16, Tr.6742, p.21) The figure used in the report of approximately one (1) student per dwelling unit was obtained from the office of the Capistrano Unified School District. This figure may be low as figures used in a nearby district are as follows: K - 6 0.65 to 0.80 7 - 8 0.20 to 0.25 9 - 12 0.40 to 0.50 Totals 1.25 to 1.55 students/DU Applying this range to the two proposed tracts the potential addition of school-age children is as follows: Tract 6742 Tract 7112 Number of Units 70 106 Number of Students 86 to 109 133 to 165 It should be noted that a long range plan for the Capistrano Unified School District is now in preparation by Arthur Young & Company, and that this study is being funded by the developers in the area. F • A '.; r.S `y C. ma• J. 'tnd. KLUG VELOPVENT — COMPANY. :NC. _.GD'V'DcR and .he CITY 0SAN! .""AN CA?1S7?AN0, .. .. ',n n'•^, �'1rO Pnia, he1"0 °. nr "'�aN _.Pg'Cnd'�ed as C1TY: ... AS, the SLDDI VLDE2 -^Nona NcH •. rl nom• -^o rn� '•nN •+r rn.. ^r•.. C --Y l4nal map o" Tract N^.? i n ^e Cl ly S•,.. _ . _ Crance, and TAS, he SUID,,VID7^.._ ccnc'. cn er n,nNnva, o' . - r n ^•\/ Nnne'M�,G �.n V/v �cnst- .Gh or '1nN/`rJ Vn }N �nl• (.n N:.ae. ... r. .. f AS, `he ^Sta!iaLiOn cr ']nn 1L:G"lr s t r c c s sn,,cr _ .. .N00 nn „J racll t les as s,-n,ryrn nn thn "77nS *n conned ., ,.s r. x r. - r .• +y ^n Nn Vmmon . c1" Saic 11'ar•. N0. �7l2 A'. I _ ,,^,n Nr-,nrn :. i,=%7-7'0t\L. 1T IS Ar•. `._v by and n On_ns?del^cat!c at. Jnr_' JV 7 00+i.nn .nnn vhc ran ?'nN S��Nn at� nv n.•, n..._ n.C•: SVstc-, DOmes"c "r7.2r SVs'c:`.'. _rn Sr. -ary Scwc-s _. .-y ., , _.nn, $aic� r.ns my StNee•� 1�1Nn Vn..,nn'U$ "'ci„C�...- Jv',`--, ! o-cst'c water Syst-2- anC' San' _,Ny Sc%1:crs na , �,ct '-nNn'Iy No' -recd t0 anG Marc 7, na-t nr ..... Ar Nn nmOn�: _ .'„n...•'., THE SUBDIVIDER, AT THE SOLE CCS A,N':J EXPENSE OF THE SUBDIVIDER, SHALL PROVIDE rC--, THE ACQUISITION OF RIGHT OF WAY NECESSARY TO SERVE TRACT N0. 67/.2. 2. TO SECURE THE FAITHFUL PERFORMANCE OF THIS AGREEMENT, THE SUED.VIDER AGREES TO FURNISH TO THE CITY A GOOD AND SUFFICIENT BOND EXECUTED BY A CORPORATION AUTHORIZED -0 TRANSACT SURETY BUSINESS IN THE STATE OF CALIFORNIA IN THE SUM OF TWO HUNDRED %INTY- NINE THOUSAND. FOUR -HUNDRED DOLLARS SAID BOND 70 BE APPROVED BY THE CITY. 14 0 3. It is mutually agreed that the work herein required to be done by the SUBDIVIDER shall on the written request of the SUBDIVIDER made to the City Engineer be inspected by him and if found to be in order, accepted as it progresses. In such case the SUBDIVIDER shall be entitled to a partial refund of money deposited to secure faithful performance, in a sum in the same ratio to the total money deposited as the work accepted bears to the total work to be done, provided that the CITY'S Engineer has first certified to the City Council the amount of work completed and to be accepted and the amount of partial refund to which the SUBDIVIDER is entitled and the City Council approves such refund and further provided that no refund in excess of Eighty-five percent (85%) of the total amount of the original deposit shall be made until all of the work is completed and accepted. 4. The SUBDIVIDER agrees to commence the construction and instal- lation of said improvements within 180 days from the approval of said map by the CITY and shall complete said work within 3gg days from the date of said approval. This agreement is entered into pursuant to the provisions of Div. 4, Pt. 2, Ch. 2; Art. 9 of the Business and Professions Code of the State of California. IN WITNESS WHEREOF, has executed these presents as the SUBDIVIDER, and the CITY OF SAN JUAN CAPISTRANO has caused these presents to be executed by the Mayor of the City Council and attested by the City Clerk and ex -officio Clerk of the City Council, as the CITY, the day and year in this instrument first above written. ATTEST: `'�/'/ I ��- � ��� Wanda E. Anderson, City Clerk and / ex -officio Clerk 4 J. W. K�,Pt I !f1 PME*�,NC. B Joh W. Klug, President CITY OF SAN JUAN CAPISTRANO I TO 449 c (Corporation) O STATE OF CALIFORNIA COUNTY COUNTY OF RANQE } SS. n On - De Camber 15 • 1972 before me, the undersigned, a Notary Public in and for said State, personally appeared — John W, R1Llg known to me to be the President, and - ----- , known to me to be-Sooretaey of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board='"k`":?, of directors. WITNESS m hand and official seal. _ Signature Z.YI-C. .� - O„ A 8 �Y Commissio;; �zpi.e5' �-v Jane C. Robins ,.,. �°y? +9»7 Name (Typed or Printed) (This area for official colorist seat) 77— n r 1 L tv L I c 'v 1_ f 1_ J DEC 1 H '1912 R I D E R '.o be attached to and form a part of Subdivision Improvement Bond 40856 isouad by tn,e Houston General Insurance Company in e_:aif of J. W. Klug Development Co., Inc. in favor of City of San Juan Capistrano doted December 12, 1972 IT IS HEREBY UNDERSTOOD AND AGREED AS FOiiOWS; Increasing bond amount from $289,400.00 to 299,400.00 on Performance and Labor and Material Bonds and Right -of -Way. 'f.The attached bond shall be subject to all its agree:::ents, t• :.i.mltations and conditions except as hereih expressly mod__ied. This Rider shall become effective as of December 27, 1972 Signed, Sealed and Dated this 27th day of December 1972. J. By: B y. Houston General InsuranceCompany BY i r/ ,- Aames Schrader, Attorney -in -Fact a TO 4<s < (Corporation) TI STATE OF CALIFORNIA ) COUNTY OF ORANGE } SS. I i On December 27, 1972 before me, the undersigned, a Notary Public in and for said State, personally appeared Landon M. Pxle W known to me to be the Vice President, and R1 Ri e,nd p WilSrtn C w known to me to be --- Secretary of the corporation that executed the within Instrument, s known to me to be the persons who executed the within w a Instrument on behalf of the corporation therein named, and a acknowledged to me that such corporation executed the within in instrument pursuant to its by-laws or a resolution of its board ilnlllluilnllllnnnnm�n in of directors. nnnnnlulxnlnn Innnllmnnl lii i — L WITNESS my hand and official seat. 1 �� e I a'4_ L. tQ,J NIG yam' a r ry -n I`°oQNIA VSignature _ „.� 1-.1NGE CJUN1'f l Cheryl L. Young = My Commission Expires Nov. 15, 1975 11141111111111111111111111111111111111111111111111WIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIWIla1 Name (Typed or Printed) (This area for official notarial seal) M-7 Acknowledgment - Attorney in Fact STATE OF CALIFORNIA SS COUNTY OF Los Angeles on December 27+ 1cl-2-, before me, the undersigned a Notary Public in and for the said County and State, personally appeared .IameS Schrader known to me to be the person whose name is subscribed to the within instrument, as the Attorney -in -Fact of Nnllc On G n sal Insllranee Company and acknowledged to me that_he subscribed the name of Houston General Insuranceomoanv_ thereto as principal_ and h—LS_own name as Attorney -in -Fact. IN -WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. c 5�2 Notary Public in and for said County and State OFFICIAL SEAL SANDRA LE BLANC F=,)Rl' POEM - CALIFORNIA P;?;NCiPPL OFFICE IN LOS ANGELES COUNTY My Commission Expires May 8, 1976 4 U • HOUS"irON GENERAL INSURANCE AMPANY P.O. Box 1869, Fort Worth, Texas 76101 Subdivision Improvement Bond Bond No. 40856 Faithful Performance (California) Premium: $2,894 KNOW ALL MEN BY THESE PRESENTS: That ..---- _ ..-W-...Klu.g_Development_Co., Inc................ ............................................................................................................................................................................... as Principal, and Houston General Insurance Company, a Corporation organized and existing under the laws of the State of Texas and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto ....................... City..of.San, Juan Capistrano .........................._._.....__..._....._.... -- ---- --6-671-00...........__.._, as Obligm, in the sum of Two hundred__ei_ghty-nine thousand four hundred and Dollars ($ 289,400.00 ) for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administra- tors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal on 19.1Z entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the following improvements: Installation of Street Improvement, Storm Drain Facilities, Street Lighting System, Sanitary Sewer System and necessary Right—Of—Way to serve Tract No. 6742. as more fully set forth in said Agreement. NOW, THEREFORE., if the Principal shall well and truly perform and fulfill all of the covenants, terms and condi- tions of the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided, however: 1) That the consent of Surety shall be required for any extension of time to complete said improve- ments; 2) That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the Obligee named herein. .......... .......... 197.2.... J. W. By By Signed, sealed and dated--flecember..-1.2..... ... Housto General Insurance- ompany In Schrader, etorney-in-Fact 4676 Admiralty Way, Suite 21� Y Add reasMarina de T_ They, CaTifdrn a 5079T" Principal ACKNOWLEDGMENT BY SURETY STATE OF CALI�OR. IA + County of ------ os ------.e.Il............. - - ss. On this ----- ].2th----- ------- --- day of DeGsnber..._.......,1972......, before me, ...... the-_UndQrSi. ned q-----..... a notary publc in and for the State of California with principal office in the County of ..Los_,An9eles residing therein, duly commissioned and sworn, personally appeared ..--James .Schrader-- .___. - -....._..-.... ...----'-'.....---.......... known to me to be the attorney-in-fact of the Houston General Insurance Company, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the:Aco,otwAuM9l�SANDt. EAL fyB ,gf�pve written OFFICIAL OFFICIAL SEAL „It,c I N07ARY PUOLIC-CALIFORNIA_ Notary Public FIINCIPRL OFFICE IN H-11 4„Nat LOS ANGELES COUNTY My Commission Expires May 8, 1976 C ( O 1 (Corprp oration) JI STATE OF CALIFORNIA l } SS. COUNTY OF ORANGE )JJ On December 15, 1972 before me, the undersigned, a Notary Public in and for said State, personally appeared — John W. Klug w known to me to be the President, and Cheryl L. McWhorter w known W me to Assistant be Secretary of the corporation that executed the within Instrument, M known to me to be the persons who executed the within W Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within� m instrument pursuant to its by-laws or a resolution of its board d +-' (ifi,clsi 5'o el of directors. J 3 WITNESS m hand and official seal. Signature - - �t +—✓��� MY Commission C :'- Jane iJane C. Robins Name (Typed or Printed) (This area for official notarial seal) RECEIVED SANTA ANA DEC 18 1972 WOODSIDE - KUBOTA & ASSOC. CONSULTING ENGINEERS J HOUSTON GENERAL INSURANCE COMPANY P.O. Box 1869, Fort Worth, Texas 76101 Subdivision Improvement Bond Labor and Material (California) Bond No. 40856 KNOW ALL MEN BY THESE PRESENTS: That ------- J.r...W.r._Kl.Uj Development CO., Ir1c................_ ............................................................................................................................................................................... as Principal, and Houston General Insurance Company, a Corporation organized and existing under the laws of the State of Texas and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto ................ City of San Juan Capistrano -...--------------- - --- -....... ... ......... _... ........ ......... ...--- .. _...... __.. ...---.... .._ --- -- -- - ......... ....... _....... -- ..... . .......------- ----- for the use and benefit of any and all persons entitled to file claim under Section 11612, Business and Professions Code of the Stale of California, in the sum of ..... Two hundred eight -nine thousand four hundred and no/100 ...----------------------___.....-------...----------.........__ .......--'--- ------------ -----...... -----......... ....... Dollars ($---'------------ -------------------- for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, adminis- trators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal entered into a certain Agreement or Contract with the Obligee, dated the .......__..-._..._...,Z.%- T'------------ ' day of.. !rC.G-LM_Cje2__ 191)2, wherein the Principal has agreed to complete the following improvements: Installation of Street Improvement, Storm Drain Facilities, Street Lighting System, Sanitary Sewer System and necessary Right -Of -Way to serve Tract No. 6742. as more fully set forth in said agreement. NOW, THEREFORE„ if the Principal shall pay Contractor, his subcontractors, and persons renting equipment or furnishing labor and materials to them for the improvement then this obligation shall be null and void; otherwise, to remain in full force and effect. The Aggregate liability of the Surety for any and all claims hereunder shall in no event exceed the sum specified in this bond. Time for filing suit on this bond shall be limited to six (6) months from date of completion of said improvements as "completion" is defined under applicable sections of the Civil Code of the State of California. SIGNED and, SEALED this ..___12th J....W.t....Yu9...Deyelo By:_.. -1.__._/- 41 BY. I t Secretary Decee7 -----.- day of----�--._..—mb�---`r -----------------------------.. . lq 2 7uston Gener"ncoorany amen $Curd r, Attorney -in -Fact 4676 Admiralty Way, Suite 216 --------------- f Principal 1' H-12 Marina del Rey, California 90291 Addrn, TO 449 C (Corporation) STATE OF CALIFORNIA } SS. COUNTY OF nRANrF. J On December 15, 1972 before me, the undersigned, a Notary Public in and for said State, personally appeared John�W. Klug _ w known to me to be the President, and rhpryl r.- MnWhnrtpr , w known to me to be Assistant Secretary of the corporation that executed the within Instrument, = known to me to be the persons who executed the within w a Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within-- � instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my (!land official seal. J, Signature �� My Commission Jane C. Robins Name (Typed or Printed) lThlr arae for oM.ial notarial sean Acknowledgment — Attorney in Fact 0 RECEIVED SANTA ANA DEC 18 1972 WOODSIDE•KUBOTA & ASSOC. CONSULTING ENGINEERS STATE OF CALIFORNIA COUNTY OF Los Angeles SS. On December 12 19 72, before me, the undersigned pe a Notary Public in and for the said County and State, personally apared amen c ra er known to me to be the person whose name is subscribed to the within instrument, as the Attorney -in -Fact of Houston General Insurance Company and acknowledged to me that—he subscribed the name of Houston General Insurance Company thereto as principal and h 1 S own name as Attorney -in -Fact. IN -WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written,, ,vorary as.. ---------------------' ------- ---. _.... OFFICIAL SEAL SAN), -,A LL BLANC \.. CSLIFORNIA Ll iCE IN ,a LOS fuVuELES COU."d-iY M-7 Notary Public in and for said County and State nuuuunnunnuxmuuununnuunumMy Commission Expires May 8, 1976u