1989-0905_MARBELLA DEVELOPMENT CO._Agr to Term Development Agr~ 7
C11
Fool
89-591;
RECORDING REQUESTED BY, AND
WHEN RECORDED, RETURN TO:
City Clerk's Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Mary An over, City Clerk
City of an Juan Capistrano
AGREEMENT TO TERMINATE DEVELOPMENT AGREEMENT,
DATED NOVEMBER 7, 1979 AND SUBDIVISION
IMPROVEMENT AGREEMENT, DATED NOVEMBER 17, 1981
THIS AGREEMENT is made by and between the CITY OF SAN JUAN
CAPISTRANO (hereinafter referred to as "City") and the MARBELLA DEVELOPMENT COMPANY
(hereinafter referred to as "Developer").
WHEREAS, City entered into a Development Agreement dated November 7, 1979
with Crow San Juan Ranch with respect to certain real property, more particularly set
forth in Exhibit A, attached and incorporated herein by reference, now owned by
Developer as a successor in interest to Crow San Juan Ranch; and
WHEREAS, City entered into a Subdivision Agreement (Parcel Map 80-851) with
Crow San Juan Ranch with respect to certain real property now owned by Developer as
successor in interest to Crow San Juan Ranch: and
WHEREAS, Developer has received new planning and zoning entitlements from
City authorizing development of said real property; and
WHEREAS, said approvals render the aforementioned agreements as unnecessary,
NOW, THEREFORE, BE IT RESOLVED between City and Developer that the
Development Agreement dated November 7, 1979 and the Subdivision Improvement
Agreement (Parcel Map 80-851) dated November 17, 1981 be and are hereby terminated.
This termination agreement is executed at San Juan Capistrano, California
this Sth day of September 1989.
CITY,0F-5`XN JUAN CAPISTRANO
RECORDED IN OFFICIAL RECORDS GAR L. HAUSDORFE MAYOR
OF ORANGE COUNTY, CALIFORNIA AT
_IZso PM NOU -6'89
CITY CLER
Q t RECORDER
:. 89-597997
STATE OF CALIFORNIA )
) ss.
County of Orange )
this day
personally appeared �7, K1;
me to be the person who execute
pevelopment Company, the Corp.
corporation executed it.
KFVAL SEAL
PAMELA A. BECKWITH
NNa,y hMW CNNarnia
ORANGE COUNTY
My Comm cion ExRNea 11161!2
STATE OF CALIFORNIA)
) ss.
County of Orange )
1989, before me,
the undersigned Notary Public,
K // QB , personally known to
the within instrument as President of hlarbella
therein named, and acknowledged to me that the
`WITNESS my hand and official seal.
Notary's Signature
MARBELLKI)EVELOPMENT
By:
Title:
1j
On this day of , 1989, before me
the undersigned Notary Public, personally
appeared , proved to me on the basis of
satisfactory evidence to be the person who executed the within instrument
as of Fairway Land Company, the corporation therein named,
and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary's Signature
APPROVED AS TO FORM:
John V
haw, City Attorney
N
I
r
* 89-5907 SK 143 1 Cao 136 1
EXHIBIT "A"
Parcel 1 in the City of San Juan Capistrano, County of Orange,
State of California, as shoran on the map filed in Book 137, Pages
30 through 36 inclusive of parcel maps in the office of the County
Recorder of said county.
WALDEN ASSOCIATES, Inc.
4002 west Garry Avenue, Suite B
Santa Ana. California 87704
(714) 549-5649
CIVIL ENGINEERING
LAND SURVEYING-- wD. No. Dal• I l l7 G l u!1
CORPORATE ACKNOWLEDGMENT
State of California
1 SS.
County of Orange 11
OFFICIAff
L
MARY ANN VER
m NOTARY PUBLIC ORNIA
ONANGE
My comm. expires JUN 26, 1992
CORPORATE ACKNOWLEDGMENT
State of &1/F0,W1,q
SS.
Countyof O9aN�.6
89-597997
NO. 202
On this the 5th day of September 1949, before me,
Diary Ann Hanover
the undersigned Notary Public, personally appeared
Gary L. Flausdorfer
7 personally known tome
proved tome on the basis of satisfactory evidence
to be the person(8) who executed the within instrume%
Mayor iciont
Y -or behalf of the/corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary's
NO, 202
On this theme IPA day of � Lf. y &9 a 19,F7, before me,
the undersigned Notary Public, personally appeared
A,jg y lean, 4a4"er
personally known to me
E proved to me on the basis of satisfactory evidence
to b tIT persoPN who executed the within instrument ,,,,,,,P4
OFFICIAL SEAL y Py L or on behalf of th corporation therein
L LI JOHNSON named, and acknowledged to me that the corporation executed it.
*:CH6PY
TARY PUBLIC -CALIFORNIA
OftAtl6E COUNTY WI ESS my hand and o fici'a1s/e/)aIL
comm. expires NOV 11, 1989
Notary's Sigr&ure
Me 122 r{/77�-QJ6 �G-/`� 'LY(/C40f; �f U NATIONAL NOTARY ASSOCIATION* 23012 Ventura Blvd, 0 P.O. Box 4625 Woodland HJIs, CA 91365-4625
0
$4,242.23 thirty-five days after recording the Notice of
Completion.
8. SAN JUAN HOT SPRINGS DANCE HALL EXPANSION - PLANS
SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS (600,30)
As set forth in the Report dated September 5, 1989, from
the Director of Public Works, the plans and specifications
were approved for the construction of a 306 square foot
addition to the rear of the existing Hot Springs Dance
Hall building, at an estimated cost of $25,000. Staff was
authorized to call for bids.
9. SOUTH COUNTY AIRPORT SITE - APPOINTMENT OF PETITION DRIVE
CHAIRMAN (940.30)
As set forth in the Report dated September 5, 1989, from
the Assistant to the City Manager, Ms. Ilse Byrnes was
appointed as Chairperson for the petition drive opposing
the Portero/Los Pinos site as a possible Orange County
airport location.
10. DENIAL OF CLAIM PERSONAL INJURY (LYNN HAWTHORNE)
(170.70)
The claim received by the City Clerk's office on August 1,
1989, from John Wells, Esq. on behalf of Lynn Hawthorne in
the amount of $10,000 for injuries sustained from setting
off fireworks for the City on July 4, 1989 was denied, as
set forth in the report dated September 5, 1989, from the
City Attorney.
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim and carried with Councilman Friess
abstaining that the agreement terminating the November 7,
1979, Development Agreement and the November 17, 1981,
Subdivision Improvement Agreement between the City and
Crow San Juan Ranch be approved, as set forth in the
Report dated September 5, 1989, from the City Attorney.
-5-
9/5/89
M
September 8, 1989
Marbella Development Company
33971 Selva Road, Suite 130
Laguna Niguel, California 92677
Re: Termination of Crow San Juan Ranch Development Agreements
Gentlemen:
MEMBERS OF THECITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
At their regular meeting held September 5, 1989, the City Council of the City of
San Juan Capistrano took action to approve an Agreement with your company to
terminate two agreements between the City and Crow San Juan Ranch for
property now owned by Marbella Development Company. The agreements being
terminated are as follows:
November 7, 1979, Development Agreement and a November 17, 1981,
Subdivision Improvement Agreement
A fully signed copy of the agreement is enclosed for your files. The original has
been forwarded to the Orange County Recorder. If we can be of further
assistance please let us know.
Very truly yours,
Mary �over,C
City Clerk
MAH/cj
Enclosure
cc: City Attorney
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 t714I 499-1171
$4,242.23 thirty-five days after recording the Notice of
Completion.
8. SAN JUAN HOT SPRINGS DANCE HALL EXPANSION - PLANS,
SPECIFICATIONS, AND AUTHORIZATION TO RECEIVE BIDS (600.301
As set forth in the Report dated September 5, 1989, from
the Director of Public Works, the plans and specifications
were approved for the construction of a 306 square foot
addition to the rear of the existing Hot Springs Dance
Hall building, at an estimated cost of $25,000. Staff was
authorized to call for bids.
9. SOUTH COUNTY AIRPORT SITE - APPOINTMENT OF PETITION DRIVE
CHAIRMAN (940.30)
As set forth in the Report dated September 5, 1989, from
the Assistant to the City Manager, Ms. Ilse Byrnes was
appointed as Chairperson for the petition drive opposing
the Portero/Los Pinos site as a possible Orange County
airport location.
10. DENIAL OF CLAIM PERSONAL INJURY (LYNN HAWTHORNE)
(170.70)
The claim received by the City Clerk's office on August 1,
1989, from John Wells, Esq. on behalf of Lynn Hawthorne in
the amount of $10,000 for injuries sustained from setting
off fireworks for the City on July 4, 1989 was denied, as
set forth in the report dated September 5, 1989, from the
City Attorney.
-> REPEAL OF OUTDATED AGREEMENTS - MARBELLA PROPERTY (600.30)
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim and carried with Councilman Friess
abstaining that the agreement terminating the November 7,
1979, Development Agreement and the November 17, 1981,
Subdivision Improvement Agreement between the City and
Crow San Juan Ranch be approved, as set forth in the
Report dated September 5, 1989, from the City Attorney.
-5-
9/5/89
I " 0
AGENDA ITEM:
TO: Stephen B. Julian, City Manager
FROM: John R. Shaw, City Attorney
0
September 5, 1989
SUBJECT: Repeal of Outdated Agreements/Marbella Property
SITUATION:
The Marbella Development Company has come across several old Development
Agreements entered into approximately 10 years ago between Crow San Juan Ranch and
City which have shown up on Marbella's title report.
Marbella has requested that these outdated agreements be rescinded in view of the fact
that Marbella has taken over the property and entered into new development agreements
with the City.
I have reviewed this request with the Public Works Department and find that the
rescission of the subject agreements would be in order. These agreements include a
November 7, 1979 Development Agreement and a November 17, 1981 Subdivision
Improvement Agreement.
Attached is a new agreement which would rescind these older, outdated agreements.
This new agreement would be recorded in the Recorder's office.
COMMISSION/BOARD REVIEW, RECOMMENDATION:
Not applicable.
FINANCIAL CONSIDERATIONS:
None.
NOTIFICATION:
Marbella Company has been notified of this proposed Council Agenda Item.
ALTERNATE ACTIONS:
1. Table the matter.
2. Adopt Rescission Agreement.
FOR CITY COUNCIL AGENDA�P/
E'�
•
AGENDA ITEM September 5, 1989
Page Two
Subject: Repeal of Outdated Agreements/Marbella Property
------------------------------------------------------------------------------
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RECOMMENDATION:
Move to approve agreement terminating the November 7, 1979 Development Agreement
and the November 17, 1981 Subdivision Improvement Agreement.
--------------------------------------------------------------------
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hAubmitted,
N R. SHAW
Attorney
JRS/ef
VENDOF IRC05 ORANGE COUNT RECCIRGER
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SAN JUAN CAPISTRANO, CALIFORNIA 92675
CHECK DATE PAY EXACTLY t
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Pay
**$13 DOLLARS AND 56 CENTS
TO THE
ORDER OF ORANGE COUNTY RECORDER
P& BOX 238
SANTA ANA, CA. 92702
19025
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