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
- - - - - - -'�
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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
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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
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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