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02-0917_LARSEN, ROBERT / DOROTHY_Use Restriction Agreement Recorded in Official Records, County of Orange Recording Requested by: Darlene Bloom, Clerk-Recorder The City of San Juan Capistrano IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE After Recordation Mail to: 200200100146109:56am 11112102 City Clerk 111 3 Al2 8 City of San Juan Capistrano 0-00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Documentary Transfer Tax-No Tax Due Recording requested per Government Code Section 6103 USE RESTRICTION AGREEMENT FOR g� HISTORIC PRESERVATION PURPOSES N�/ (Assessor's Parcel No. 121-150-11, County Of Orange, State of California) T is Use Restri tion Agreement for Historic Preservation Purposes is entered into this 11�6y ofSeprealgW2, by and between the City of San Juan Capistrano(hereinafter referred to as "C y"), and Robert L. Larsen and Dorothy Ngaire Larsen, 1984 Inter Vivos Trust, dated December 6, 1984, (hereinafter referred to as"Property Owner', collectively). Recitals: Whereas,the purpose of this Use Restriction agreement is to effectuate the historic preservation purposes of the Cultural Resources Element of the City of San Juan Capistrano's General Plan by providing for the continued preservation of Assessor's Parcel 121-150-11, more specifically, the hereinafter described portion of 31815 Camino Capistrano, more commonly referred to as the "Provincial Building"; and Whereas, the Provincial Building is listed on the City's list of Buildings and Sites of Distinction and, is of direct benefit to the community; and, Whereas,the use, rehabilitation and improvement,and preservation of the Building of Distinction by Larsen, as the Property Owner, pursuant to this Agreement are in the vital and best interests of the City of San Juan Capistrano, Now therefore, the City and Property Owner mutually agree as follows: Section 1. Establishment of Use Restrictions for Historic Preservation Purposes. Property Owner in exchange for financial reimbursement by City in the approximate amount of$40,000 for facade improvements made by property owner agrees to preserve and maintain the facade and related structural improvements on the real property, more j specifically, the brick exterior facades of the Provincial Building currently visible from the East, West and South elevations of the real property, which are further described and set forth in Exhibits A and B, attached and incorporated herein by reference. "Historic Preservation Purposes", as used in this Agreement, means the preservation by the Property Owner, its successors or assigns, of the previously disclosed elevations of the Provincial Building for historic purposes and the benefit of the City. The Property Owner and any successor in interest shall preserve and maintain the Provincial Building in accordance with the standards set forth in this Agreement. Section 2. Maintenance and Rehabilitation Standards. The Provincial Building shall be subject to the following maintenance and rehabilitation standards in addition to applicable City General Plan and zoning standards: A. This historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. B. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. C. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature,the new feature will match the old in design, color,texture, and , where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. D. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. E. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. F. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale, and proportion, and massing to protect the integrity of the property and its environment. G. U.S. Secretary of Interior guidelines for historic preservation of designated buildings found at Title 36 of the Code of Federal Regulations, sections 67 et seq. H. Any repainting activity involving a color change from the color on the building on the effective date of this agreement shall require prior City approval. The property owner shall first submit an application to the City Planning Director requesting approval of any proposed exterior alteration of the building for the purpose of insuring compliance with the above stated rehabilitation and maintenance standards. Section 3. Intent/Preservation of Important Design Features. It is the intent of the City to ensure the long term architectural integrity and preservation of the historic elevations of the Provincial Building remain intact through this agreement. The Provincial Building was constructed in or around 1920 in the Mission style. The 9,000 sq. ft. two-story structure is characterized by its balanced, symmetrical facade and simplicity of form. The masonry (brick) building features a plaster finish on its easterly facade along Camino Capistrano. The brick exterior walls are left exposed on the west, south and north building elevations. A pair of towers flanks the Camino Capistrano building facade, while the predominantly unadorned wall surface continues upwards forming a parapet around the remaining roof perimeter. Three pairs of arched windows on the easterly facing second floor elevation add distinction to the overall understated building design. Color and texture are provided by the red-tiled hipped tower roofs and cantilevered eyebrow roof as well as by the window and storefront wood frames. Section 4. Use Restriction Agreement Runs With the Land. This Use Restriction agreement shall be recorded against the property and shall run with the land, in perpetuity, and shall be binding on, and shall inure to the benefit of the parties hereto, their successors or assigns. Section 5. Applicability of Zoning and Other Regulations. This Agreement is subject to the most current provisions of the Community Redevelopment Plan, the Municipal Code, General Plan, and Community Design Guidelines. These documents are incorporated herein by reference and made a part hereof as though fully set forth herein. Section 6. Term. This Agreement shall remain in full force and effect until mutually rescinded by the parties. Section 7. Indemnity. Property Owner shall indemnify the City for any and all liability for personal injury, property damage or any other injury or damage resulting from, arising out of, or attributed to any maintenance, or repair, or action taken pursuant to this Agreement. ALL-PURPOSE-ACKNOWLEDGMENT - - - - - - -'� I, I t. l Stateof D ra()w } ss. I County of � On '00 , before me, 11 (�0t)�/IiCJ�yeyZAIC Data Na a an0 Title a/ car e,.'Jane Doe,Notary Publi personally appeared i �..� �er� //C)i�D_Ml i Nam Narrate)of Slgner(s) ❑ personally known to me roved to me on the basis of satisfactory evidence 7iijjCTto be the person(s) whose name(s) �re *"m""" NRAw1� subscribed to the within instrument and I Oormielar i 142192 1110112 FU C—Co0lnrdo _ acknowledged to me that 9iSe/they executed OrvfpsCaury the same inr/their author)''zed f�rO�'^ MOI capacity(ies), and that by Fj15/�pfltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. - WIT SS my han d official seal. l Place Notary Seal Above afore of tarry u tc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 'I Description of Attached Document Title or Type of Document:_ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here LJ Corporcte Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact t ❑ Trustee ❑ Guardian or Conservator ❑ Other: I Signer Is Representing: ®1999 National Notary Association•9350 Oe Soto Ave. PO.Box 2402•Onat won4 CA 91313-2404•w nallvr8 nolary org Prod No.5907 Reorder:Call TOA-Free L8068]68Btt PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On September 17, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Diane Bathgate,Mayor of San Juan Capistrano,personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. (SEAL) WITNESS my hand and official seal. • M g�ret R. Monahan, City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Mayor Title Use Restriction Agreement for Historic Signers are Representing Purposes: APN 121-150-11 Title or Type of Document The City of San Juan Capistrano 4 pages plus Exibit A & acknowledgements Number of Pages Member 17, 2002 Date of Document Robert L. Larsen & Dorothy Ngaire Larsen �' Signer(s)Other Than Named Above i Exhibiti 3. WARRANTS DATED AUGUST 22, 2002, IN THE AMOUNT OF$900,843.93,AND PAYROLL WARRANTS DATED AUGUST 29, 2002, IN THE AMOUNT OF $226,406.70, RECEIVED AND FILED (300.30) 4. REPORT OF INVESTMENTS, MONTH ENDING JULY 31, 2002, RECEIVED AND FILED (350.50) 5. STATUS OF NEW DEVELOPMENT APPLICATION RECEIVED AND FILED (440.10) 6. RESOLUTION NO. 02-09-17-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO UPDATE THE CITY'S DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR FISCAL YEAR 2002-2003" (820.25) 7. RESOLUTION NO.02-09-17-02 ADOPTED ENTITLED"A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ABANDONMENT OF A PUBLIC EASEMENT FOR ROAD AND UTILITY PURPOSES WITHIN LOT 10 OF TRACT 6402 AKA 32981 CALLE PERFECTO (IHDE TRUST);" PUBLIC HEARING SCHEDULED FOR OCTOBER 15, 2002 (670.50) 8. RESOLUTION NO.02-09-17-03 ADOPTED ENTITLED"A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ABANDONMENT OF A PUBLIC EASEMENT FOR DRAINAGE PURPOSES WITHIN PARCELS 1 AND 2 OF PARCEL MAP 96-140, FORMERLY LOTS 23 OF TRACT 13025 (LOONEY);" PUBLIC HEARING SCHEDULED FOR OCTOBER 15, 2002 (670.50) 9. 100% FACILITY RENTAL FEE WAIVED ($300) FOR A CITY COUNCIL CANDIDATE FORUM, TO BE HELD BY THE SAN JUAN COMMUNITY TASK FORCE AND LEAGUE OF WOMEN VOTERS OF CAPISTRANO BAY AREA ON OCTOBER 9, 2002, AT THE SAN JUAN CAPISTRANO COMMUNITY CENTER (390.30) �10. USE RESTRICTION AGREEMENT APPROVED WITH ROBERTAND DOROTHY LARSEN FOR THE PRESERVATION OF THE EXTERIOR FACADE AT 31815 CAMINO CAPISTRANO; AND, THE CITY CLERK DIRECTED TO PROCESS RECORDING OF DOCUMENT (60}1Q.30) \ 11. CONSENT FORM APPROVED ALLOWING STRADLING, YOCCA, CARLSON & RAUTH TO REPRESENT THE CITY OF SAN JUAN CAPISTRANO ON BEHALF OF THE CAPISTRANO VALLEY WATER DISTRICT AND SAN JUAN BASIN AUTHORITY REGARDING CERTAIN GROUND WATER RECOVERY PLAN PROJECT LEGAL MATTERS (600.30) City Council Minutes 3 9-17-02 • • 9/17/2002 . AGENDA ITEM D10 TO: George Scarborough, City Manager FROM: Douglas D. Dumhart , Principal Management Analyst SUBJECT: Consideration of a Use Restriction Agreement for the Preservation of the Exterior Facade at 31815 Camino Capistrano. (Provincial Building) (Larsen) RECOMMENDATION: By Motion,Approve the Use Restriction Agreement and direct the City Clerk to process the recording of the Agreement. SUMMARY: The City has been approached by Mr. Larsen the owner of the Provincial Building, located at 31815 Camino Capistrano, for assistance with upgrades to his commercial property. The owner is proposing over$150,000 of renovations to the property. The improvements include efforts to bring the building back closer to its original state, such as removing the porte-cochere, replacing windows and doors, and stripping floors down to the original hardwood underneath. The Provincial Building was constructed in 1920 in the Mission Style. The 6,000 sq. ft., two story structure is characterized by its balance, symmetrical facade and simplicity of form. The building is listed on the City's list of "Buildings and Sites of Distinction". Its continued existence in a good state of repair is of direct benefit to the community that treasures its heritage. It is recommended that the attached Use Restriction Agreement, provided as Attachment 1, as drafted by the City Attorney, be approved, providing for the preservation of the historic features of the Provincial Building. NOTIFICATION: Bob Larsen COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The owner has consented to a facade preservation agreement in exchange for $40,000 reimbursement of exterior improvements to the Provincial Building. The Redevelopment Agency will be considering this reimbursement in exchange for the Use Restriction Agreement with the City under a separate agenda report. FOR CITY COUNCIL AGENDA.J. rf)L5 0 ALTERNATE ACTIONS: 1. By motion, approve the Use Restriction Agreement and direct the City Clerk to process the recording of the Agreement. 2. Do not approve the Use Restriction Agreement. 3. Request additional information from staff. RECOMMENDATION: By motion, approve the Use Restriction Agreement and direct the City Clerk to process the recording of the Agreement. Resp ctfully submitted, 40 Douglas D. Dumhart Principal Management Analyst Attachment 1.: Agreement GATE 32400 PASEO ADELANTO i� '� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 / IAtnAvuO(A OIANEL.BATHPBE (949) 493-1171 1AfauiHfA CIO CAMPBELL I 1961 JOHN S.GEIFF (949) 493-1053 (FAX) 1776 MATT HART www.sanjuancapistrano.org �'�• DAVID M.SWERDLIN CITY MANAGER GEORGE SCARBOROUGH September 18, 2002 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On September 17, 2002 the City Council of San Juan Capistrano met regarding: "Consideration of a Use Restriction Agreement for the Preservation of the Exterior Fagade at 31815 Camino Capistrano. (Provincial Building) (Larsen)" Item No. 1310 The following action was taken at the meeting: Use restriction agreement for preservation of the exterior facade at 31815 Camino Capistrano, approved and City Clerk directed to process recording of the agreement. Recording of documents requires approximately three to four weeks. If you have any questions regarding this action, please contact Douglas Dumhart, Principal Management Analyst at 443-6316 for more detailed information. Thank you, Meg on han, CMC City lerk Cc: Bob Larsen; Douglas Dumhart, Principal Management Analyst DRUG USE 11 San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 � I 111111110/ MEMBERS OF THE CITY COUNCIL ATHGATE (949) 493-1171 11111115111 1961 DIANE L.BATIGATE 1776 JOHN NE S.G AVPBEUL UFF (949) 493-1053 (FAX) � � JOHN S.cE1FF lulu IV.sanjtancapistrano.org WATT HART DAVID M.SWEAMN • • CITY MANAGER GEORGESCARBOROUGH NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on September 17, 2002 in the City Council Chamber in City Hall, to consider "Consideration of a Use Restriction Agreement for the Preservation of the Exterior Fagade at 31815 Camino Capistrano. (Provincial Building) (Larsen)" — Item No. D10 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, September 16, 2002 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Douglas Dumhart, Principal Management Analyst. You may contact that staff member at (949) 443-6316 with any questions. The agenda is available to you on our web site: www.sanluancapistrano.org Thank you for your interest and participation, Meg M han, C City Jerk cc: Bob Larsen; Douglas Dumhart, Principal Management Analyst * Received staff report onuo usE a San Juan Capistrano: Preserving the Past to Enhance the Future 9/17/02 .COMMUNITY REDEVELOPMENT AGENCY AGENDA ITEM CRAB 4 TO: George Scarborough, Executive Director FROM: Douglas D. Dumhart , Principal Management Analyst SUBJECT: Consideration of Purchase of a Use Restriction Agreement for the Preservation ofthe Exterior Facade at 31815 Camino Capistrano. (Provincial Building) RECOMMENDATION: By motion: A. Approve the reimbursement of $40,000 for exterior improvements in exchange for a Use Restriction Agreement for the Preservation of the Exterior Facade at 31815 Camino Capistrano. B. Appropriate $40,000 from the Capital Improvement Fund Reserves to account#26-65300-4720-CO2-000 SUMMARY: The Agency has been approached by Mr. Larsen the owner of the Provincial Building, located at 31815 Camino Capistrano, for assistance with upgrades to his commercial property. The owner is proposing over $150,000 of renovations to the property. The improvements include efforts to bring the building back closer to its original state, such as removing the porte-cochere, replacing windows and doors, and stripping floors down to the original hardwood underneath. The Provincial Building was constructed in 1920 in the Mission Style. The 6,000 sq. ft., two story structure is characterized by its balance, symmetrical facade and simplicity of form. The building is listed on the City's list of "Buildings and Sites of Distinction." Its continued existence in a good state of repair is of direct benefit to the community that treasures its heritage. Staff is recommending that the Agency secure a Use Restriction Agreement for Preservation in exchange for financial participation with the exterior improvements. Staff has reviewed the receipts for improvements and found over$40,000 dedicated to exterior improvements and appropriate for reimbursement. A sample of the Use Restriction Agreement is provided as Attachment 1. Should the Board elect to provide the reimbursement in exchange for the Use Restriction, the City Council will need to approve the Agreement under a separate agenda item. FOR CITY COUNCIL AGENDA.:n.. S .Community Redevelopment Agency 2 September 17, 2002 Agenda Item NOTIFICATION Bob Larsen" COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The owner has consented to a facade easement in exchange for$40,000 reimbursement of exterior improvements to the Provincial Building. ALTERNATE ACTIONS: 1. By motion: A. Approve the reimbursement of $40,000 for exterior improvements in exchange for a Use Restriction Agreement for the Preservation of the Exterior Facade at 31815 Camino Capistrano. B. Appropriate $40,000 from the Capital Improvement Fund Reserves to account# 26-65300-4720-CO2-000 2. Do not approve the purchase. 3. Request additional information from staff. RECOMMENDATION: By motion: A. Approve the reimbursement of $40,000 for exterior improvements in exchange for a Use Restriction Agreement for the Preservation of the Exterior Facade at 31815 Camino Capistrano. B. Appropriate $40,000 from the Capital Improvement Fund Reserves to account# 26-65300-4720-CO2-000 Resp zDumhart itted 0 Douglas Principal Management Analyst Attachments: 1. Use Restriction Agreement C:\DOUGLAS\Agendas\9-1 Meservation mpd Recording Requested by: The City of San Juan Capistrano After Recordation Mail to: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 USE RESTRICTION AGREEMENT FOR HISTORIC PRESERVATION PURPOSES (Assessor's Parcel No. 121-150-11, County Of Orange, State of California) This Use Restriction Agreement for Historic Preservation Purposes is entered into this_day of 2002, by and between the Cityof San Juan Capistrano(hereinafter referred to as "City"), and Robert L. Larsen and Dorothy Ngaire Larsen, 1984 Inter Vivos Trust, dated December 6, 1984, (hereinafter referred to as"Property Owner", collectively). Recitals: Whereas, the purpose of this Use Restriction agreement is to effectuate the historic preservation purposes of the Cultural Resources Element of the City of San Juan Capistrano's General Plan by providing for the continued preservation of Assessor's Parcel 121-150-11, more specifically, the hereinafter described portion of 31815 Camino Capistrano, more commonly referred to as the "Provincial Building'; and Whereas, the Provincial Building is listed on the City's list of Buildings and Sites of Distinction and, is of direct benefit to the community; and, Whereas,the use,rehabilitation and improvement,and preservation of the Building of Distinction by Larsen, as the Property Owner, pursuant to this Agreement are in the vital and best interests of the City of San Juan Capistrano, Now therefore, the City and Property Owner mutually agree as follows: Section 1. Establishment of Use Restrictions for Historic Preservation Purposes. Property Owner in exchange for financial reimbursement by City in the approximate amount of$40,000 for facade improvements made by property owner agrees to preserve and maintain the facade and related structural improvements on the real property, more Attachment 1 specifically, the brick exterior facades of the Provincial Building currently visible from the East, West and South elevations of the real property, which are further described and set forth in Exhibits A and B, attached and incorporated herein by reference. "Historic Preservation Purposes", as used in this Agreement, means the preservation by the Property Owner, its successors or assigns, of the previously disclosed elevations of the Provincial Building for historic purposes and the benefit of the City. The Property Owner and any successor in interest shall preserve and maintain the Provincial Building in accordance with the standards set forth in this Agreement. Section 2. Maintenance and Rehabilitation Standards. The Provincial Building shall be subject to the following maintenance and rehabilitation standards in addition to applicable City General Plan and zoning standards: A. This historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. B. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. C. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature,the new feature will match the old in design, color, texture, and , where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. D. Chemical or physical treatments, if appropriate,will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. E. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. F. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale, and proportion, and massing to protect the integrity of the property and its environment. G. U.S. Secretary of Interior guidelines for historic preservation of designated buildings found at Title 36 of the Code of Federal Regulations, sections 67 et seq. H. Any repainting activity involving a color change from the color on the building on the effective date of this agreement shall require prior City approval. The property owner shall first submit an application to the City Planning Director requesting approval of any proposed exterior alteration of the building for the purpose of insuring compliance with the above stated rehabilitation and maintenance standards. Section 3. Intent/Preservation of Important Design Features. It is the intent of the City to ensure the long term architectural integrity and preservation of the historic elevations of the Provincial Building remain intact through this agreement. The Provincial Building was constructed in or around 1920 in the Mission style. The 9,000 sq. ft. two-story structure is characterized by its balanced, symmetrical facade and simplicity of form. The masonry (brick) building features a plaster finish on its easterly facade along Camino Capistrano. The brick exterior walls are left exposed on the west, south and north building elevations. A pair of towers flanks the Camino Capistrano building facade, while the predominantly unadorned wall surface continues upwards forming a parapet around the remaining roof perimeter. Three pairs of arched windows on the easterly facing second floor elevation add distinction to the overall understated building design. Color and texture are provided by the red-tiled hipped tower roofs and cantilevered eyebrow roof as well as by the window and storefront wood frames. Section 4. Use Restriction Agreement Runs With the Land. This Use Restriction agreement shall be recorded against the property and shall run with the land, in perpetuity, and shall be binding on, and shall inure to the benefit of the parties hereto, their successors or assigns. Section 5. Applicability of Zoning and Other Regulations. This Agreement is subject to the most current provisions of the Community Redevelopment Plan, the Municipal Code, General Plan, and Community Design Guidelines. These documents are incorporated herein by reference and made a part hereof as though fully set forth herein. Section 6. Term. This Agreement shall remain in full force and effect until mutually rescinded by the parties. Section 7. Indemnity. Property Owner shall indemnify the City for any and all liability for personal injury, property damage or any other injury or damage resulting from, arising out of, or attributed to any maintenance, or repair, or action taken pursuant to this Agreement. Section 8. Entire Agreement. This Agreement contains the entire agreement of the parties and any agreement or representation affecting the property, the duties of the parties in relation thereto, not expressly set forth herein, is null and void. IN WITNESS WHEREOF, the parties have executed this Agreement at San Juan Capistrano, California. DATE: THE CITY OF SAN JUAN CAPISTRANO: DIANE BATHGATE, MAYOR ATTEST: MARGARET R. MONAHAN, CITY CLERK PROPERTY OWNER: DATE: ROBERT L. LARSEN 35411 Camino Capistrano Capistrano Beach, CA 92624 DATE: 0ROTHY N(3AIRIA LARSEN 35411 Camino Capistrano Capistrano Beach, CA 92624 APPROVED AS TO FORM: J HH SHAW,-CITY ALL-PURPOSE ACKNOWLEDGMENT State of C6tk r-CO r•n r cu County of ranw Ss. or A1417il On -Oa ­ before me, t! (�C } l� /ivy�6�� - JL Date n r NV a7eland TMb ober(e g..'Jana Doe.NOU,try�Publi personally appeared 6.T/(/ryr – r/�/r f'�ie/7 �rr7 l Name(a)or swaa(s) ❑ personally known to me roved to me on the basis of satisfactory evidence I - - - - - 7RACY"A s be the person(s) whose name(s) and _ Cwrrrbdonit22t� subscribed to the within instrument and NofmV Pubic—Caalamlo acknowledged to me thajo5Ketthey executed Uonpe County the same in r/their author'zed flhcorrir''FOi 25,20¢1 capacity(ies), and that by heir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. - WIT SS my han d official seal. Place Notary Seal Above lura of olary ub is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1999 NalFl al Notary As Wfion•9]50 O Salo Ave. PO.Box 2402•CM1attwoM.CA 9131]-2402•wwxNliCM4wlarypg Prod W,5907 Awalec.Cao Tol-Ree IBODBTfibB2] EXHIBIT A LEGAL DESCRIPTION: LOT 41 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 TO 33 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE FOLLOWING: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 41, RUNNING THENCE NORTH 9 DEGREES 40 MINUTES WEST 84.41 FEET ALONG THE WEST LINE OF SAID LOT 41 TO THE NORTHWEST CORNER THEREOF, THENCE NORTH 84 DEGREES 28 MINUTES EAST 41.13 FEET ALONG THE NORTHERLY LINE OF SAID LOT 41 TO A POINT WHICH IS LOCATED 201.44 FEET SOUTH 84 DEGREES 28 MINUTES WEST FROM THE SOUTHEAST CORNER OF LOT 42 OF SAID TRACT NO. 103, THENCE SOUTH 5 DEGREES 32 MINUTES 30 SECONDS EAST 84.18 FEET TO POINT IN THE SOUTHERLY LINE OF SAID LOT 41, THENCE SOUTH 84 DEGREES 27 MINUTES WEST 35.55 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 41 TO THE POINT OF BEGINNING. COMMON ADDRESS: 31815 CAMINO CAPISTRANO ASSESSOR'S PARCEL NO. 121-150-11 .'.Y _ y,• Y _ � "{_ � dt"3' i _ G: 1. ��1 �+l�P�i f Y4.� 4 i6 ,Pry rv�^i S , �...�sa, ea�x,yr�y ,+t*�a''�N'a..:�'��.43.' +•� � Kra P ,�.n ,'I` �d_ �� r Y�'� � ' , �-;-� �f� --- � + �'� . - _ - x�� t E E\ �r r - � • C"�f jiff l`+� _ s _ t .r' fir- r � ,. \ � �l r+ � j( ,i ,�-�--�,. _ \ s '*rw� -fit ' 4'0.h , , � 1 + y P �.. t.:�+w..�.-. c^,s� i -` � �, :-...�. Y ��� �� � Y _ _ .... aY". _.. � � m .�+'j � } .._ F_ _ 9"s�3i re y.,.�s� y s, 7�.. E ��y � _ .L_swg � � r� c !�F � r�� � • _ • _ • ! 1 T OF SAN JUAN CAPUTRANO I S Z t ££ m nl lnamxmn H 111 OF SAN ILAN 1 AFIST AND< San Juan Capistrano Community Redevelopment Agency September 18, 2002 NOTIFICATION OF ACTION BY THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY On September 17, 2002 the San Juan Capistrano Community Redevelopment Agency met regarding: "Consideration of Purchase of a Use Restriction Agreement for the Preservation of the Exterior Fagade at 31815 Camino Capistrano. (Provincial Building)" Item No. (134) The following action was taken at the meeting: Reimbursement of $40,000 for exterior improvements in exchange for a Use Restriction Agreement for preservation of exterior fagade at 31815 approved; and $40,000 appropriated from the Capital Improvement Fund reserve to account#26-65300-4720-CO2-000 If you have any questions regarding this action, please contact Douglas D. Dumhart, Principal Management Analyst at 443-6316 for more detailed information. Thank you,, V Me on han, CMC Age S cretary Cc: Douglas D. Dumhart, Principal Management Analyst j QUID LD2--S'U' l 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 -3 San Juan Capistrano Community Redevelopment Agency NOTIFICATION OF MEETING OF POTENTIAL INTEREST SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY The Board of Directors of San Juan Capistrano Community Redevelopment Agency will meet at 7:00 p.m. on September 17, 2002, in the City Council Chamber in City Hall, to consider "Consideration of Purchase of a Use Restriction Agreement for the Preservation of the Exterior Fagade at 31815 Camino Capistrano. (Provincial Building)" — Item No. B4 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, September 16, 2002 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Douglas D. Dumhart, Principal Management Analyst. You may contact that staff member at (949) 443-6316 with any questions. Thank you for your interest, Me Mona an, CMC Cit Clerk cc: Bob Larsen% Douglas D. Dumhart, Principal Management Analyst Received staff report 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171