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1991-0903_MARBELLA DEVELOPMENT CO._Agreement
AGREEMENT REGARDING ACCESS TO HELICOPTER HILL (MARBELLA DEVELOPMENT COMPANY) Marbella Development Company ("the Developer"), a California general partnership, hereby agrees to pay to the City of San Juan Capistrano the sum of Ninety Five Thousand One Hundred Dollars ($95,100), in cash or cashier's check concurrently herewith, in satisfaction of Marbella Development Company's condition of approval as memorialized in the referenced documents described below. The following descriptions are intended to encompass all agreements between the City and the Developer with respect to the condition of approval re.ated to access to Helicopter Hill. 1. Item 14 titled Surety Agreement and Item 34 titled Community Use of Lot B per the "Surety Agreement for grading, Landscaping and On-site Improvements (Including Golf Course)," dated September 15, 1987 and recorded October 7, L987 as Instrument #87-565078 in the official records of Orange County, California. 2. Item XVII titled Lot B per the "Subdivision Improvement Agreement," September 25, 1987 and recorded October 7, 1987 as Instrument #87-565079 in the official records of Orange County, California. 3. Item 7(A)(c) untitled per the Development Agreement dated September 20, 1988 and recorded September 26, 1988 in the official records of Orange County, California. Concurrent with the payment of the aforementioned sum, the City agrees to release the Developer from all obligations related to access to Helicopter Hill and to concurrently reduce the surety bond for grading and landscaping held by the City for this improvement by $250,000. The Developer and City further agree that the aforementioned sum may be used for any purpose determined by the City in its sole and absolute discretion. The City also agrees to concurrently execute the Agreement, in the form attached hereto as Exhibit A and, incorporated herein by reference, which Agreements provides the Developer with access to certain water easements and access for the maintenance and repair of the existing water facilities and improvements or modifications thereto. The Developer waives its rights in choosing an alternative access to Helicopter Hill and agrees to cooperate with the City in any such alignment contemplated by the City providing, however, that nothing herein shall be construed to require that Developer provide the City with access from any of the property owned by Developer. Dated this 33rd day of September, 1991. CITY OF SAN JUAN CAPISTRANO BY-KENNETH E. FRIES -S, MAYOR ATTEST: CITY CLERK/ MARBELLA DEVELOPMENT COMPANY, a California general partnership By: FAIRWAY PROPERTIES COMPANY, a Delaware corporation By: MICHAEL L. KNAB SIDENT -2- GRANT OF EASEMENT AND LICENSE AGREEMENT The City of San Juan Capistrano, a California municipal cororation ("City") grants to Marbella Development Company, a California general partnership ("Developer") and Marbella Golf and Country Club, a Delaware nonstock corporation ("Club") an easement for the existing water lines ("Water Line Easement") which serve the approximate 420,000 gallon water tank owned by Developer ("Water Tank") located on the plateau area of Lot B of Tract 12954 and a license to use, repair, maintain and replace the Water Tank and the Water Line Easement ("Maintenance License"). Said Water Line Easement and Maintenance License shall be in perpetuity, or until such time as the Water Tank and the Water Line Easement is dedicated to and accepted by the Capistrano Valley Water District. The Water Line Easement is hereby established by Easement Deed in the form attached hereto as Exhibit "A" and incorporated herein by reference. Developer shall be responsible for all restoration and repair to any existing improvements as a result of their repair, construction, etc., including, grading, drainage facilities, fences and landscaping subject to all normal City permitting process and plan approval and the payment of all permit, plan check and inspection fees. Developer shall defend, indemnify and hold City harmless with respect to any claims occasioned by the Developers execution of the Easement and License hereunder. Dated September 3, 1991 0 CITY OF SAN JUAN CAPISTRANO, By ; E Gi�R Kenneth E. F iess, Mayor 08/30/91 7102u/2299/00 MARBELLA DEVELOPMENT COMPANY, a California General Partnership By: FAIRWAY PROPERTIES COMPANY, a Delaware corporation '-�21 1 By: Pre ident MARBELLA GOLF AND COUNTRY CLUB LMBy: Michael L. Knap Vice President and a retary -2- 0 0 RECORDING REQUESTED BY: ) WHEN RECORDED MAIL TO: ) City of San Juan Capistrano ) Attn City Clerk ) 32400 Paseo Adelanto ) ban Juan Capistrano, CA 92675 ) (Space Above This Line Is For Recorder's Use Only] Mail Tax Statements to: Marbella Development Company 27462 Calle Arroyo San Juan Capistrano, CA 92675 GRANT OF EASEMENT TO MARBELLA DEVELOPMENT COMPANY and MARBELLA GOLF AND COUNTRY CLUB FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SAN JUAN CAPISTRANO ("Grantor"), hereby grants and conveys to MARBELLA DEVELOPMENT COMPANY, a California general partnership and MARBELLA GOLF AND COUNTRY CLUB, a Delaware nonstock corporation, ("Grantee"), a perpetual non-exclusive easement and right-of-way for a water and sewer pipeline or pipelines, together with incidental appurtenances, connections and structures in, over, under, upon, along, through and across the respective portions of the real property described in Exhibit "A" attached hereto and diagrammed in Exhibit "B" attached hereto (the "Easement Area"). The easement and right-of-way granted herein are in gross. The easement and right-of-way granted herein include the incidental rights to enter upon and pass and repass over and along the Easement Area for the construction (including, without limitation, grading, excavation and compaction of the Easement Area), reconstruction, enlargement, improvement, repair, operation and maintenance of the facilities to be constructed by Grantee and for ingress and egress to Grantee's property. After completion of any work performed by Grantee or its agents, contractors or employees which disturbs the surface of Grantor's property, Grantee shall restore the surface of such area as close as reasonable to its original character. The easement and right-of-way acquired herein are acquired subject to the right of Grantor, its successors and assigns, to use the surface and subsurface of the land within the Easement Area to the extent that such use is compatible with the full and free exercise of the easement and right-of-way by Grantee; provided, however, that no fences, block walls, or other structures or other improvements shall be constructed upon, over and along the Easement Area without the prior written consent of Grantee, which consent shall not be unreasonably withheld or delayed. No fill or paving of any nature shall be placed or maintained on the surface of the ground within the Easement Area, nor shall any earth be removed from the cover of the pipeline after construction, without the prior written consent of Grantee, which consent shall not be unreasonably withheld or delayed. Grantee shall have the right to use gates in all of Grantor's fences which presently or hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. IN WITNESS WHEREOF, this instrument has been executed this 7th day of October , 1991. ATTEST - City Cle c 08/30/91 7103u/2299/00 CITY OF SAN JUAN CAPISTRANO gy:L' Kenneth E. Friess, Mayor MARBELLA DEVELOPMENT COMPANY, a California General Partnership By: FAIRWAY PROPERTIES COMPANY, a Delaware corporation r By: President RBEL%LAA GOLF AND COUNTRY CLUB By: Mi ael L. Knapp Vice President and Sec etary -2- Exhibit "A" ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, DESCRIBED AS FOLLOWS: LOT B OF TRACT NO. 12954, AS SHOWN ON A MAP RECORDED IN BOOK 597, PAGES i TO 34 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. 171 EXHIBIT B TRACT N0, 12954 IN THE CITY OF SAN JUAN CAPISTRANO• COUNTY OF ORANGE. STATE OF CALIFORNIA KEITH ENGINEERING . INC. A 11 • .n�.nR iii.$°w-1O. Ay 0� 0 0 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) October 4, 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael L. Knapp, personally known to me to be the persons who executed the within instrument as President on behalf of Fairway Properties Company, the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors, said corporation being known to me to be one of the partners of Marbella Development Company, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. r AL > OFFCIA�JEAL ALICE N1STUNT �t.6.9; } nciaw rom.i cai,imce bbYdYbbYbY & ORANGE COUNT/ My Commission Exp 5/27,19!511 MC\vN (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I On October 4, 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael L. Knapp, personally known to me on the basis of satisfactory evidence to be the person who executed the within instrument as Vice President and Secretary, respectively, on behalf of Marbella Golf and Country Club, the corporation therein named and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. I— (SEAL) -3— State of California •� • County of Orange City of San Juan Capistrano On _ October 7, 1991 before me, 11-C-IrI7�e x Notary Public DATE NAME. TITLE OF OFFICER E G.,'JANE DOE. NOTARY PUBLIC - personally appeared Cheryl A. Johnson NAME(S) OF SIGNERS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person* whose name(g) is/Nillb subscribed to the within instrument and ac- knowledged to me thatbe/she/they executed the same in his/her/ttasir authorized capacity(ies), and that by bas/her/t eir signature(s) on the instrument the personl}slZ, OFFICIAL NOTARY SEAL behalf 'Ii174- execuponted trume ttheperson(� acted, executed the instrument. acted, IWitness my hand and official seal. A'iE- - .Jinn MAY J. riJ6 _ �) 1 11 OF CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) {CORPORATE Municipal OFFICER(S) City Clerk TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTiTY(IESI ATTENTION NOTARY: Although the information requested below is OPTIONAL. It could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE T 1 T f D Grant of Easement to Marbella Dev Co MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: It a or ype o ocument Number of Pages Date of Document October 7, 1991 Signer(s) Other Than Named AboveMichael Knapp, Mayor � 1991 NATIONAL NOTARY ASSOCIATION • 8238 Remmet Ave. • P.O. Box 7184 - Canoga Park, CA 91304-]184 State of California County of Orange City of San Juan Capistrano On October 7, 1991 before me, Cheryl A. Johnson, Notary Public DATE NAME. TITLE OF OFFICER - E.(3..'JANE DOE, NOTARY PUBLIC" personally appeared Kenneth E. Friess NAMES) OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person" whose name(S) is/Are subscribed to the within instrument and ac- knowledged to me that he/shallbEly executed the same in his/hwXJxeir authorized capacity(ie*, and that by his/Ixemdheir signatureps) on the instrument the persor", or the entity upon behalf of which the person (s) =gCacted, executed the instrument. OHERYL SEALHNSON Witness my hand and official seal. ALIFORNIADECY My DEC 13, 1993 GNATURE OF 10TARY CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) a CORPORATE Mun i s ip a 1 OFFICER(g) Mayor TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) City of San Juan Capi_ ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Grant of Easement to Marbella Dev Co. Number of Pages 6 Date of Document October 7, 1991 Signer(s) Other Than Named Above Michael Knapp, City Clerk N 1991 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave. • P.O. Box 7184 - Canoga Park. CERTIFICATE OF ACCEPTANCE The undersigned, being the duly appointed agent of MARBELLA DEVELOPMENT CORPORATION, a California general partnership ("Marbella") and MARBELLA GOLF AND COUNTRY CLUB, a Delaware nonstock corporation, ("Club"), does hereby accept on behalf of Marbella and Club, the grant of all interests in real estate for public purposes as described in the attached Grant of Easement dated the7th day of October , 1991, by and between Marbella, Club and the City of San Juan Capistrano, and does hereby certify that Marbella and Club consents to the recordation of the attached Grant of Easement. i i DATED: 0 1991 (SEAL) 08/30/91 7103u/2299/00 MARBELLA DEVELOPMENT COMPANY, a California General Partnership By: FAIRWAY PROPERTIES COMPANY, a Delaware corporation By: President MARBELLA GOLF AND COUNTRY CLUB By: Michael L. Rna Vice President and S retary -4- 0 onuo uaa la September 11, 1991 dean y ' i1Pt0A.0AA111 m anuo 1961 1776 Mr. Michael L. Knapp, President Fairway Properties Company 27462 Calle Arroyo, Suite A San Juan Capistrano, California 92675 Re: Agreement for Access Road to Helicopter Hill Dear Mr. Knapp: MEMBERS OF THE CITY COUNCIL LAWRENCE F BUCH HEIM KENNETH E FRIESS GARY HAUSOORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN At their regular meeting held September 3, 1991, the City Council of the City of San Juan Capistrano approved an agreement with the Marbella Development Company for a cash payment to the City of $95,100 to satisfy conditions of approval related to access to Helicopter Hill and to allow the City to grade and construct an access road to Helicopter Hill at a future date. The agreement provides that the Developer may not choose an alternative access, but will also not be required to provide the City with any other access from property owned by the Developer. The agreement for access to Helicopter Hill references as Exhibit A, an agreement for access to water easements and maintenance and repair of existing water facilities. When the Exhibit A agreement has been signed, a copy will be attached to the agreement for access to Helicopter Hill and the complete, fully -executed document will be forwarded to you. Two unsigned copies of the agreement for access to Helicopter Hill are enclosed. Please sign and return both copies to this office in the enclosed envelope. If you have any questions, please let us know. Thank you for your cooperation. Very truly yours, 0heryl John on City Clerk Enclosure cc: George Scarborough 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 0 0 AGREEMENT REGARDING ACCESS TO HELICOPTER HILL (MARBELLA DEVELOPMENT COMPANY) Marbella Development Company ("the Developer"), a California general partnership, hereby agrees to pay to the City of San Juan Capistrano the sum of Ninety Five Thousand One Hundred Dollars ($95,100), in cash or cashier's check concurrently herewith, in satisfaction of Marbella Development Company's condition of approval as memorialized in the referenced documents described below. The following descriptions arC intended to encompass all agreements between the City and the Developer with respect to the condition of approval related to access to Helicopter Hill. 1. Item 14 titled Surety Agreement and Item 34 titled Community Use of Lot B per the "Surety Agreement for grading, Landscaping and On-site Improvements (Including Golf Course)," dated September 15, 1987 and recorded October 7, 1987 as Instrument #87-565078 in the official records of Orange County, California. 2. Item XVII titled Lot B per the "Subdivision Improvement Agreement," September 25, 1987 and recorded October 7, 1987 as Instrument 1187-565079 in the official records of Orange County, California. 3. Item 7(A)(c) untitled per the Development Agreement dated September 20, 1988 and recorded September 26, 1988 in the official records of Orange County, California. Concurrent with the payment of the aforementioned sum, the City agrees to release the Developer from all obligations related to access to Helicopter Hill and to concurrently reduce the surety bond for grading and landscaping held by the City for this improvement by $250,000. The Developer and City further agree that the aforementioned sum may be used for any purpose determined by the City in its sole and absolute discretion. The City also agrees to concurrently execute the Agreement, in the form attached hereto as Exhibit A and, incorporated herein by reference, which Agreements provides the Developer with access to certain water easements and access for the maintenance and repair of the existing water facilities and improvements or modifications thereto. The Developer waives its rights in choosing an alternative access to Helicopter Hill and agrees to cooperate with the City in any such alignment contemplated by the City providing, however, that nothing herein shall be construed to require that Developer provide the City with access from any of the property owned by Developer. • Dated this 3rd day of September, 1991. CITY OF SAN JUAN CAPISTRANO By: KENNETH E. FRIESS, MAYOR ATTEST: CITY CLERK MARBELLA DEVELOPMENT COMPANY, a California general partnership By: FAIRWAY PROPERTIES COMPANY, a Delaware corporation By: MICHAEL L. KNAPP, PRESIDENT -2- Douglas Dumhart Management Ass' ant I, presentg# the staff report and no d the success i h the Phase ilot area. Final adoptio o Phase;II ,heduled for ember 1991, with impleme a ion exptween April June 1992. Joan Scara i o, 27441a Highway, ired about the revenues a d expenses gd by the p ram. Mr. Dumhart explained at althoughity obtai rebates from ag Disposal, he program ally ope tes at a loss the City. Anurov of Cont c Extension: It Vement oun ilman Hau orfe , seconded C uncilman Jonmo sly car 'ed tha the Recy ing greement be nd Sol Disposa be ex ded to a 30, 1 and y Clerk w horized to exe e be f of the City. �4. APPROVAL OF AGREEMENT BETWEEN CITY AND MARBELLA DEVELOPMENT COMPANY FOR GRADING OF ACCESS ROAD TO HELICOPTER HILL (600.301 Writ Communications: Report dated September 3, 1991, from the Assistant City Manager, forwarding an agreement between the City and Marbella Development Company which provides the City with a cash payment in the amount of $95,100 to cover grading and construction of the access road to the plateau area of Helicopter Hill by the City. Mr. Scarborough noted the modification to the proposed Agreement, at the request of the developer, clarifying that the developer is not required to provide the City with any other access from any of the property owned by the developer. 5. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, and unanimously carried that the Agreement Regarding Access to Helicopter Hill between the City and Marbella Development Company be approved, as modified, providing the City with a cash payment in the amount of $95,100 to cover grading and construction of the access road to the plateau area of Helicopter Hill by the City. -12- 9/3/91 0 0 �6. REQUEST FROM FAIRWAY PROPERTIES COMPANY CONCERNING EXTENSION OF UTILITIES TO HELICOPTER HILL. TRACT 12954 (MARBELLA COUNTRY CLUB) (600.30) Written Communication: Report dated October 1, 1991, from the Assistant City Manager, forwarding a request from Fairway Properties Company to require only water and electrical utilities to Helicopter Hill and to exclude sewer services because of the difficulty and expense in extending a sewer line to the area. Mr. Scarborough made an oral presentation. Councilman Buchheim suggested that should a facility be needed at Helicopter Hill in the future, consideration be given to installing a septic tank or portable toilets for daytime use only. Determination of Utilities to Helicopter Hill: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the utilities required to be extended to the Helicopter Hill plateau shall consist of water and electricity only and shall exclude sewer service. 7. RESOLUTION REQUESTING THAT THE SOUTHERN CALIFORNIA REGIONAL AIRPORT AUTHORITY NOT ACCEPT THE ORANGE COUNTY CITIES AIRPORT AUTHORITY AS THE ORANGE COUNTY REPRESENTATIVE ON THE SOUTHERN CALIFORNIA REGIONAL AIRPORT AUTHORITY BOARD OF DIRECTORS (940.30) Written Communication: Report dated October 1, 1991, from the Assistant City Manager, recommending that the Southern California Regional Airport Authority not accept the Orange County Cities Airport Authority as the Orange County representative on the Southern California Regional Airport Authority Board of Directors since the Orange County Cities Airport Authority represents only five Orange County cities and is a strong proponent of the conversion of the U.S. Marine Corps Air Station E1 Toro into a commercial airport. Regional Airport Authority : It was moved by Councilman Jones, seconded by Councilman Hausdorfer, that the following Resolution be adopted: -9- 10/1/91 X' I • October 4, 1991 JMIQII ��' IAIOAop A9114 tm�n�.m 1961 1776 Mr. Michael Knapp, President Fairway Properties Company 27462 Calle Arroyo, Suite A San Juan Capistrano, California 92675 Re: Utilities to Helicopter Hill Dear Mr. Knapp: MEMBERS OF THE CITY COUNCIL LAWRENCE F BUCHHEIM KENNETH E FRIESS GARY HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN At their regular meeting held October 1, 1991, the City Council of the City of San Juan Capistrano considered your request for a determination whether or not extension of a sewer line to the Helicopter Hill plateau was part of the Subdivision Agreement requirement to extend utilities to the Helicopter Hill plateau. Council took action to determine that the utilities that are to be extended to the Helicopter Hill plateau would consist of water and electricity only; the extension of a sewer line to the area would not be included in the utility requirement. If we can be of further assistance, please let us know. Very truly yours, y Cheryl City Clerk 32400 PASEO AOELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 AGENDA ITEM October 1, 1991 TO: STEPHEN B. JULIAN, CITY MANAGER FROM: GEORGE SCARBOROUGH, ASSISTANT CITY MANAGER SUBJECT: REQUEST FROM FAIRWAY PROPERTIES COMPANY CONCERNING E%TENSION OF UTILITIES TO HELICOPTER HILL (MARBELLA COUNTRY CLUB) SITUATION: Condition 34 of the City Council resolution approving the tentative tract map for the Marbella Country Club development provided: 1134. Community Use of Lot B - Lot B, which includes Helicopter Hill is a significant visual resource which should be accessible to both the general public and residents of the project. In order for the community to fully benefit from this scenic resource, the developer shall enter into an agreement with the City for providing access to and use of Lot B. Said agreement to define methods of access, types of improvements, indemnification, and hours of availability in the use, etc., of said lot by the City. " In part to implement the conditions of the tentative tract map approval, the City and Marbella Development Company (Fairway Properties Company) entered into a Subdivision Improvement Agreement. One provision of the agreement addressed Lot B dedication, access and use, and provided, in part, "In addition, the DEVELOPER will grade the access road and provide utilities to the plateau area of Lot B to the approval of the City Engineer." This provision in the Subdivision Improvement Agreement is the sole reference to the extension of utilities to Helicopter Hill within all the various documents associated with the approval of the Marbella Country Club. No surety insuring the developer would extend the utilities was provided to the City (nor was one required by the City). Water and electrical utilities have been provided to the plateau area. Without further direction from the documents associated with the Marbella development approvals, City staff has taken the conservative position that the provision of utilities required by the Subdivision Improvement Agreement includes extension of sewer to the plateau area. The best route to provide sewer to the plateau area is to extend a sewer line from Paseo Cardero through relatively flat land north- west of the plateau area. However, this route involves approximately 1200 feet of sewer line at a cost estimated to be FOR CITY COUNCIL AGEN / $50,000 and would cross private property outside of the Marbella development where easements would have to be obtained. Negotiations to obtain those easement may be very difficult. Because of the steep slopes of Helicopter Hill, it would at best, be extremely difficult and costly to extend a sewer line from Marbella Development property below the plateau area and may not be feasible. Fairway Properties Company request that the City Council determine that utilities required to be extended to Helicopter Hill plateau consist of water and electricity and not sewer. Among other justifications, Fairway sites: 1. The cost and disruption of extending the sewer far outweighs the potential benefit and use. 2. There is no evidence in the documents concerning the Marbella development approvals that the developer was required to extend sewer, nor were any improvement plans ever developed for such an extension. COMMISSION/BOARD REVIEW 6 RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: If the City Council determines that sewer is not part of the utilities required to be extended by Fairway Properties Company and, if the City, at some future time, determines to extend sewer to the plateau area of Helicopter Hill the cost of extension would have to be absorbed by the City. PUBLIC NOTIFICATION: Not applicable. ALTERNATE CTIONS: 1. The City Council determine that utilities required to be extended to Helicopter Hill plateau consist of water and electricity and not sewer. 2. The City Council determine that the utilities required to extended to Helicopter Hill plateau consist of water, sewer and electricity. 3. Request additional information. 0 City Council discretion. ly Pubmitted, ty Manager r� 6 • The Resolutio accepted the wo as comple nd directed City Clerk forward a Not'c of Compl i n to the Co n y Recorder. t ff was autho i d to rel a and reduc he following bion s (35) day ter rec d g the No c of Completion,: Ori i 1 Reduc d Release Bond No./ Desc o ou Amount NA 1006 7 Equestri Fencing 5,000 $ 00 $ 5, 0 NA 100 4 Private treet 721,011 5,000 3 1000 Improv ent (Reduc to a 0,000 Bon for nor items com ted prio 0 re a se) NA 00652 r' ate St ee 7, 77 3 , 00 30 00 Im roveme t N 10065 P *vat Str et 16 ,889 5,000 25,0,00 10.6659 2§,523 ( x,00 1GRANTOF EASEMENTANDLICENSE_YE• Y � _ • • COUNTRY• f ACCESS TO MAI• • a • VELICO'W,VR MILL (600.30/670.501 1. As set forth in the port dated September 3, 1991, from the Assistant City Manager, the Grant of Easement and License Agreement were approved for use of the existing water tank on Helicopter Hill by Marbella Development Company and Marbella Golf and Country Club Lot for crossing City property to use and maintain the water tank and appurtenant water lines. The Mayor and City Clerk were authorized to execute the Grant and Easement and License Agreement on behalf of the City. f -S !J.";Fi;el- xaerat n OI\a ryquest rQr a t1mw exrcenkjon vesLing e Tract 10634, a six--paycei subdivision located at southeast corner of Camino Capistrano and Pueblo Serra. -5- 9/3/91 AGENDA ITEM TO: STEPHEN B. JULIAN, CITY MANAGER September 3, 1991 FROM: GEORGE SCARBOROUGH, ASSISTANT CITY MANAGER SUBJECT: APPROVAL OF AN AGREEMENT BETWEEN THE CITY AND MARBELLA DEVELOPMENT COMPANY FOR THE GRADING OF AN ACCESS ROAD TO HELICOPTER HILL SITUATION• In connection with the approval of the Marbella development, the Marbella Development Company was required to dedicate Helicopter Hill to the City for park and recreation and/or open space uses. Marbella Development Company was also required to grade a vehicular access road to the plateau area of Helicopter Hill. An $800,000 surety is presently held by the City to insure performance of grading, landscape work, and on-site improvements, including grading of an access to Helicopter Hill. At this time all other issues of grading, landscape and on-site improvements have been resolved, except for the grading of the access road. A number of alternative routes for the access road have been developed by representatives of Marbella Development Company and City staff. Since Marbella Development Company has completed all other work, it desires to have the surety released. However, both Marbella Development Company and the City staff agree that the physical grading and development of the access should occur at a latter time to insure sizing and location consistent with the City's ultimate use of Helicopter Hill. In order to have the surety released, Marbella Development Company has agreed to provide the City a cash payment adequate to allow the City to grade and construct the access road at a future time consistent with City's overall plans for Helicopter Hill. The amount of the cash payment is $95,100 and is the amount required for the most expensive of the alternatives developed by City staff. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The cash payment established under the terms of the agreement is of a sufficient amount to cover the cost of the most expensive alternative for the grading of an access road to Helicopter Hill. FOR CITY COUNCIL AGEN 11WHic PUBLIC NOTIFICATION: Not applicable. ALTERNATE ACTIONS: 1. Approve the attached agreement between Marbella Development Company and the City of San Juan Capistrano for the grading of an access road to Helicopter Hill 2. Request additional information. Approve the attached agreement between Marbella Development Company and the City of San Juan Capistrano for the grading of an access road to Helicopter Hill ly submitted, City Manager 0 0 AGREEMENT REGARDING ACCESS TO HELICOPTER HILL (MARBELLA DEVELOPMENT COMPANY) Marbella Development Company ("the Developer"), a California general partnership, hereby agrees to pay to the City of San Juan Capistrano the sum of Ninety Five Thousand One Hundred Dollars ($95,100), in cash or cashier's check concurrently herewith, in satisfaction of Marbella Development Company's condition of approval as memorialized in the referenced documents described below. The following descriptions are intended to encompass all agreements between the City and the Developer with respect to the condition of approval related to access to Helicopter Hill. 1. Item 14 titled Surety Agreement and Item 34 titled Community Use of Lot B per the "Surety Agreement for grading, Landscaping and On-site Improvements (Including Golf Course)," dated September 15, 1987 and recorded October 7, 1987 as Instrument #87-565078 in the official records of Orange County, California. 2. Item XVII titled Lot B per the "Subdivision Improvement Agreement," September 25, 1987 and recorded October 7, 1987 as Instrument #87-565079 in the official records of Orange County, California. 3. Item 7W(c) untitled per the Development Agreement dated September 20, 1988 and recorded September 26, 1988 in the official records of Orange County, California. Concurrent with the payment of the aforementioned sum, the City agrees to release the Developer from all obligations related to access to Helicopter Hill and to concurrently reduce the surety bond for grading and landscaping held by the City for this improvement by $250,000. The Developer and City further agree that the aforementioned sum may be used for any purpose determined by the City in its sole and absolute discretion. The City also agrees to concurrently execute the Agreement, in the form attached hereto as Exhibit A and, incorporated herein by reference, which Agreements provides the Developer with access to certain water easements and access for the maintenance and repair of the existing water facilities and improvements or modifications thereto. The Developer waives its rights in choosing an alternative access to Helicopter Hill and agrees to cooperate with the City in any such alignment contemplated by the City providing, however, that nothing herein shall be construed to require that Developer provide the City with access from any of the property owned by Developer. 0 0 Dated this 3rd day of September, 1991. CITY OF SAN JUAN CAPISTRANO ByV-X KENNETH E. FRIESS, MAYOR ATTEST: MARBELLA DEVELOPMENT COMPANY, a California general partnership By: FAIRWAY PROPERTIES COMPANY, a Delaware corporation goo -2- 0 0 GRANT OF EASEMENT AND LICENSE AGREEMENT The City of San Juan Capistrano, a California municipal cororation ("City") grants to Marbella Development Company, a California general partnership ("Developer") and Marbella Golf and Country Club, a Delaware nonstock corporation ("Club") an easement for the existing water lines ("Water Line Easement") which serve the approximate 420,000 gallon water tank owned by Developer ("Water Tank") located on the plateau area of Lot B of Tract 12954 and a license to use, repair, maintain and replace the Water Tank and the Water Line Easement ("Maintenance License"). Said Water Line Easement and Maintenance License shall be in perpetuity, or until such time as the Water Tank and the Water Line Easement is dedicated to and accepted by the Capistrano Valley Water District. The Water Line Easement is hereby established by Easement Deed in the form attached hereto as Exhibit "A" and incorporated herein by reference. Developer shall be responsible for all restoration and repair to any existing improvements as a result of their repair, construction, etc., including, grading, drainage facilities, fences and landscaping subject to all normal City permitting process and plan approval and the payment of all permit, plan check and inspection fees. Developer shall defend, indemnify and hold City harmless with respect to any claims occasioned by the Developers execution of the Easement and License hereunder. Dated September 3, 1991 CITY OF SAN JUAN CAPISTRANO By t�� �i z1 Kenneth E. Friess, Mayor ATTEST: City Cle k Exhibit A to Helicopter Hill Access Agreement 9 0 08/30/91 7102u/2299/00 MARBELLA DEVELOPMENT COMPANY, a California General Partnership By: FAIRWAY PROPERTIES COMPANY, a Delaware corporation President MARBELLA GOLF AND COUNTRY CLUB By: Michael L. KniA Vice President Secretary -2- 0 0 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City of San Juan Capistrano Attn City Clerk 32400 Paseo Adelanto aan Juan Capistrano, CA 92675 [Space Above This Line Is For Recorder's Use Only] Mail Tax Statements to: Marbella Development Company 27462 Calle Arroyo San Juan Capistrano, CA 92675 GRANT OF EASEMENT TO MARBELLA DEVELOPMENT COMPANY and MARBELLA GOLF AND COUNTRY CLUB FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SAN JUAN CAPISTRANO ("Grantor"), hereby grants and conveys to MARBELLA DEVELOPMENT COMPANY, a California general partnership and MARBELLA GOLF AND COUNTRY CLUB, a Delaware nonstock corporation, ("Grantee"), a perpetual non-exclusive easement and right-of-way for a water and sewer pipeline or pipelines, together with incidental appurtenances, connections and structures in, over, under, upon, along, through and across the respective portions of the real property described in Exhibit "A" attached hereto and diagrammed in Exhibit "B" attached hereto (the "Easement Area"). The easement and right-of-way granted herein are in gross. The easement and right-of-way granted herein include the incidental rights to enter upon and pass and repass over and along the Easement Area for the construction (including, without limitation, grading, excavation and compaction of the Easement Area), reconstruction, enlargement, improvement, repair, operation and maintenance of the facilities to be constructed by Grantee and for ingress and egress to Grantee's property. After completion of any work performed by Grantee or its agents, contractors or employees which disturbs the surface of Grantor's property, Grantee shall restore the surface of such area as close as reasonable to its original character. Exhibit A to License Agreement The easement and right-of-way acquired herein are acquired subject to the right of Grantor, its successors and assigns, to use the surface and subsurface of the land within the Easement Area to the extent that such use is compatible with the full and free exercise of the easement and right-of-way by Grantee; provided, however, that no fences, block walls, or other structures or other improvements shall be constructed upon, over and along the Easement Area without the prior written consent of Grantee, which consent shall not be unreasonably withheld or delayed. No fill or paving of any nature shall be placed or maintained on the surface of the ground within the Easement Area, nor shall any earth be removed from the cover of the pipeline after construction, without the prior written consent of Grantee, which consent shall not be unreasonably withheld or delayed. Grantee shall have the right to use gates in all of Grantor's fences which presently or hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. IN WITNESS WHEREOF, this instrument has been executed this 7th day of October , 1991. ATTEST: I�`.L• 11 moi. 08/30/91 7103u/2299/00 CITY OF SAN JUAN CAPISTRANO By:,G. Kenneth E. Friess, Mayor MARBELLA DEVELOPMENT COMPANY, a California General Partnership By: FAIRWAY PROPERTIES COMPANY, a Delaware corporation By: Pre ident MARBELLA GOLF AND COUNTRY CLUB By: Michael L. Knapp Vice President and Secretary -2- Exhibit "A" ALL THAT CERTAIN LAND SITUATE CALIFORNIA, COUNTY OF ORANGE, CAPISTRANO, DESCRIBED AS FOLLOWS: P D IN THE STATE OF CITY OF SAN JUAN LOT B OF TRACT NO. 12954, AS SHOWN ON A MAP RECORDED IN BOOK 597, PAGES I TO 34 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. CALIFORNIA. • EXHIBIT B • TRACT N0, 12954 IN THE CITY OF SAN JUAN CAPISTRANO, J COUNTY OF ORANGE, STATE OF CALIFORNIA KEITH ENGINEERING r INC. ? vrw eP�eil .a ece 11'i r.m ulr�1 (nq rrl DOUGLAS 0. FOSTER t•OLS. ASN /t3Ger9 P 1N Y60 rt' JOO' K'lf'W a K Or IJPlMA /rY•r ^p (p([SrP14V 1lG X/YNCESer N//aa/ 1d 4010(.Y.v(ur-O(N �P/uA Mnlrw 'SII 'All'I 'A" PCi vOr K<epp llln /J]-rI) II~, Yv ,YJN(1411i[)NO niar.• l /Il'lam• M1I el A\�' I~—v.LE n330[H[A Irliw eS3•rr(fJ:e' ,+{ A, errJ/rVrAY..t [ II ♦ / / �� IAt ' v[••IrTC .I JO. '' 'I i/�\( /'J]'m"W tl•f A T �` / F 4 `) C •1 v3rlJ'rSC L/f •s I[['r l\/r /N AWJT41 \ •+�NJr'JJ'N'C Ym' aVQ v e+'!'JJ'w J+[•r V \l /!OW W// •A•s o• rf27 rrrf N Ar .+eJ-r .3•/ 88 NOT 'B8~`-�J`'^.': S Nerp GTW N n•So n'r m» �� A i� +�",`r�oAiall ��ocia nrJliliirra )!' ver sr ,.e'W a3e Jr PART �r +'" `•�� `[up_w_./re al.n<_No _ _ •'P. >�- P! if �w _e, _r ,JIn� my )V J� SIG. wAW I'll 1J r" y Ixwnrr lnml a,,11111cwr rP.wd n' YtnloccY . , xlir !. a• J•»m ••Je 811 II^ m �w vwa•� xJwN nv LOT V" G2 Al 1J.992ACRES �^ P. A. R1M. 4+r prN J'' JdCO"f Or'301b[ )]!L' A" Ip �[LMI l0l' rwoY; x e[[ YR; 5515 N , CO \ 8. `IIu nor rr[ I. A sit ' PNLia EO FIJI 1�g \: 13 ee Nrr•n rIT wLJ �A� 109 �• �i Nlo re'nv un LOT •B• rte°J 109 132 .b 1¢99EACRESWT I]J o r J fIRIIIYIO rCP t �,• A YO P [II[AtrylAl Ir f�J .www[; ii ru nnv[ 0 I06 y 081 /09 116 - N vn ne •err A IJI -ill Ne••m v[ xn(A.J/0111, 47 e rry u -r rn E IOJ '4 U6 Ai -TI . -wjiff ()r ay 119 '4Y7 At m•.ero+-e no •'or JrN Ns er la'e 5�I r IJO 'r! +��i• /r Je'SrC .p'.V ISI T: 4;lTC vJNn' n•armv To r pA1 ryM✓I�r' xre; Sr m'W A!r 19Y /39 w°r6� 791 eOe T9 _ _ � s s•J� ' 17J IID It.J.y M. Y i IN 191 4 119 ` o BE V e.IPW sl- ��' *•yjy iY s 199 '� 'lu r ,!•• 90 ° t6! Ii4•• �- b;, s9`� sG• I 97 91 9Y STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) October 4, 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael L. Knapp, personally known to me to be the persons who executed the within instrument as President on behalf of Fairway Properties Company, the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors, said corporation being known to me to be one of the partners of Marbella Development Company, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (SEAL) STATE OF CALIFORNIA ss. COUNTY OF ORANGE On October 4, 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael L. Knapp, personally known to me on the basis of satisfactory evidence to be the person who executed the within instrument as Vice President and Secretary, respectively, on behalf of Marbella Golf and Country Club, the corporation therein named and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. d Luc (SEAL) u -3- State of California County of Orange City of San Juan Capistrano On October 1, 1991 before me. Cheryl A. Johnson, Notary Public DATE NAME,'ITLE OF OFFICER E G..'JANE DOE NOTARY PUBLIC' personally appeared _ Kenneth E. Friess NAME(S) OF SIONERISI El personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence OFFICIAL SEAL i,� ..,.. CHERYL A. O - y -' NOTA+ e PU9UC - C�L'FOF, a'a lir SRP(— 7 to be the persorM whose names) is/lire subscribed to the within instrument and ac- knowledged to me that he/skalk" executed the same in his/h;erXkl; r authorized capacity(il and that by his/txar Xmr signatureGs) on the instrument the personlM, or the entity upon behalf of which the person (s) `acted. executed the instrument. Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) 0 CORPORATE Muni C ipaI OFFICER(S) Mayor TITLE, 5. ❑ PARTNERS) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: :j 1 SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY.IES) City of San Juan Capistrano a ATTENTION NOTARY: Although the Information requested below is OPTIONAL. It could prevent fraudulent attachment of this certificate to unauthorized document THIS CERTIFICATE Title or Type of Document Grant of Easement to Marbella Dev Co. MUST BE ATTACHED TO THE DOCUMENT Number of Pages 6 Date of Document October 7, 1991 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Michael Knapp. City Clerk oe�.Ie*�nnlei .In'ePv ecmr-•ennu.o---�___-.... ,... o-. .e.. ,_-,,, o,.. -.:��- _ State of California County of Orange City of San Juan Capistrano On October 7, 1991 before me, /,.'L 2eyr c-GAN`� Notary Public DATE NAME. TITLE OF OFFICER � E. ..'JE DOE. NOTARY PUBLIC personally appeared rl A. Johnson NAME(S) OF SIGNERIS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person* whose name( is/i�3 subscribed to the within instrument and ac- knowledged to me thabbe/she/they executed the same in his/her/tkair authorized capacity(iss), and that by blis/her/their signature(i) on the instrument the persorl or the entity upon behalf of which the person(f) acted, executed the instrument. Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) fT.CORPORATE Municipal OFFICERS) City Clerk TITLEIS) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY(IES) City of San Juan Capistr ATTENTION NOTARY: Although the Information requested below Is OPTIONAL. It could prevent fraudulent attachment of this certificate to unauthonzed document. THIS CERTIFICATE Titler T f IIm nt Grant of Easement to Marbella Dev Co MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: o yl- o III Number of Pages e M Date of Document October 7, 1991 Signer(s) Other Than Named Above Michael Knapp Mayor n 1991 NATIONAL NOTARY ARSRuTInlv ..Y19 R-nmar A.e . P n An. 71N.1.1 m. Pau GA 9130a -"s4 OTARY SEALCEGTE CalikRroa =*. COUNTYppe Ak1Y Z7 1CD5 to be the person* whose name( is/i�3 subscribed to the within instrument and ac- knowledged to me thabbe/she/they executed the same in his/her/tkair authorized capacity(iss), and that by blis/her/their signature(i) on the instrument the persorl or the entity upon behalf of which the person(f) acted, executed the instrument. Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) fT.CORPORATE Municipal OFFICERS) City Clerk TITLEIS) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY(IES) City of San Juan Capistr ATTENTION NOTARY: Although the Information requested below Is OPTIONAL. It could prevent fraudulent attachment of this certificate to unauthonzed document. THIS CERTIFICATE Titler T f IIm nt Grant of Easement to Marbella Dev Co MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: o yl- o III Number of Pages e M Date of Document October 7, 1991 Signer(s) Other Than Named Above Michael Knapp Mayor n 1991 NATIONAL NOTARY ARSRuTInlv ..Y19 R-nmar A.e . P n An. 71N.1.1 m. Pau GA 9130a -"s4 CERTIFICATE OF ACCEPTANCE The undersigned, being the duly appointed agent of MARBELLA DEVELOPMENT CORPORATION, a California general partnership ("Marbella") and MARBELLA GOLF AND COUNTRY CLUB, a Delaware nonstock corporation, ("Club"), does hereby accept on behalf of Marbella and Club, the grant of all interests in real estate for public purposes as described in the attached Grant of Easement dated the 7th day of October , 1991, by and between Marbella, Club and the City of San Juan Capistrano, and does hereby certify that Marbella and Club consents to the recordation of the attached Grant of Easement. DATED: 1991 (SEAL) 08/30/91 7103u/2299/00 MARBELLA DEVELOPMENT COMPANY, a California General Partnership By: FAIRWAY PROPERTIES COMPANY, a Delaware corporation By: President MARBELLA GOLF AND COUNTRY CLUB r B�y Mic ael L. Rnap Vice President and Se etary -4-