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1977-0215_MISSION HILL RANCH_AgreementA G R E E M E N T I lie This Agreement, entered into this /S — day of < 1977, by and between MISSION HILLS RANCH, INC., a corporation, hereinafter referred to as "Corporation" and the CITY OF SAN JUAN CAPISTRANO, a munici- pal corporation hereinafter referred to as "City", W I T N E S S E T H: WHEREAS, Corporation filed an action in the Superior Court of the State of California for the County of Orange against City and certain officers and agents thereof, said action being entitled Mission Hills Ranch, Inc., Plaintiff vs. City of San Juan Capistrano, et al., Defendants, and being No. 249324; and WHEREAS, Corporation owns approximately 157 acres of land in the City, the boundaries of which are shown on Exhibit A; and WHEREAS, one of the issues to be determined in said action is the right of Corporation to use Mission Hills Drive as the public street access to the proposed subdivision of certain land owned by Corporation; and WHEREAS, City has contended that the right of Corporation may be prohibited, Corporation contends to the contrary; and WHEREAS, the parties are desirous of settling their differences and disputes and to avoid the necessity of liti- gating that issue any further; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: -1- 1. In order to implement the terms and purposes of said judgment and as part of the consideration for not litigating further any of the issues determined by said judgment, and to carry out the intent thereof, the parties desire to facilitate the providing of public street access to the land described in said judgment in accordance with the terms of this agreement. 2. In the event Corporation receives approval from the City of a Tentative Tract Map in accordance with Exhibit A attached hereto and by this reference made a part hereof, and further receives approval from the City of a Final Map in ac- cordance with Exhibit A as a Final Map is defined under the Subdivision Map Act of the State of California, and is authorized by the City to record such map and to subdivide the land in accordance with such a map and develop the same with single-family residences in accordance with all applicable laws and ordinances, then Corporation waives its claim of right to use Mission Hills Drive as access to the development of its 157 acres as shown on said Exhibit A, except to the extent and in accordance with the conditions set forth in Exhibit A. 3. Corporation shall take all necessary steps to ac- quire, and shall acquire, free and clear title to the right-of- way for street access to its 157 acres as such access is shown on Sheet No. 2 of Exhibit A hereof. However, in the event Corporation is unable to obtain by voluntary conveyance a free and clear title to the right-of-way for street access to its 157 acres as such access is shown on Sheet No. 2 of Exhibit A hereof, upon reasonable terms and conditions and for a reasona- ble price, then City upon request of Corporation shall initiate proceedings so as to be able to exercise and shall exercise its power of eminent domain and acquire such right-of-way for public street purposes, which right-of-way shall exclude access from abutting properties. -2- 4. In the event City exercises its power of eminent domain under the terms of this Agreement in order to acquire such right-of-way, Corporation shall pay all reasonable costs of such litigation, including attorney's fees and fees for expert witnesses and shall pay any judgment awarded therein provided, however, that Corporation shall have the right to request City to abandon such eminent domain action and upon such request being made Corporation shall have no further liability except to pay costs and expenses accrued at the time of such request. 5. In the event City refuses to exercise its Power of Eminent Domain when requested by Corporation to do so as provided herein, then Corporation's waiver of its claim of right to use Mission Hills Drive as access to said land shall be of no force or effect and this Agreement shall be null and void. 6. In consideration of Corporation paying the costs and expenses as provided for herein, Corporation shall have the right to approve counsel selected by City to bring such action in the name of City and to approve any expert witnesses that may be employed by City in connection with pursuing such liti- gation. 7. Corporation shall pay the costs of improving said right-of=way in accordance with the cross-section and engineer- ing design set forth in Exhibit A. 8. This Agreement shall be binding on the successors and assigns of the parties hereto. -3- IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written. ATTEST: C' y Clerk d MISSION HILLS RANCH, INC. n(� .ess C^ CITY OF SAN JUAN CAPISTRANO -4- V PF -4- I . i ' pioVisions of OYAi::-;ncp "o. 1.71 (a,, ._ ',nrcnnty Ordinarca) hall. -Pply to any person, firm. or :i_ --'on selling or of Miring for sale within 1_he i_Tact thrc e or �"re dwelling ,:,its - not prnv i o sly nrri=Rico for r e si a�n I ;_nl p --poses --. during ,uy ;.:rlve r kith la-ri_od. 2. 11,r, Cif_y .:hall, to the extant naccssary, cai_ry out. Pavironmant a I w For Me project in acrorilerce with the California ',n,,i r on,uuntal. Qual Uy int "ad City guidelines. 3. A stat of conditions, coweiants, and restrictions (CC&Rs) shall he prepared and implemented for the project. The CC&Rs shall MOM at a minims: (l.) provisions on ;he use and maintondnCe of cowwon areas; (2) [he prohibition of rAdio or lcicvisi_on .1 ,ri,_rii s projnnhi�q hntie -ny root C -%Ps (porsu�nt to S"ction 3.6.9, O� �1 i_ .:,ccs in. 293) . Said CC&Rs shall be approvcd by the City Ml orncy prior to approval of a final map. 4.. Park land rrquirr,-irnt_s shall be mat in ancur- aaco with P.ticle 4.3, Ordinance No. 293, __ld IKe , ql i� 'Me City Cani�ci_l duvol_op_ O Qnt fee -resolution in of `uct at ihe tine the fi_"al nap is scheduled for Corcil anisiR"Yation. 5. Ayplinvhlo GL nl opmont and oMar fees not spi_c.i_' ca l l.y re_ o encod in Ocso condit_ions of ;approval shall be paid in accord.oce wren ropri.ate ordin.voces End City Ccuncil r_psolut;ons. 6. but "A" shall be ded;_ca _od. to Grange County „meter Works 7i_s-isi_ct No. 4 for ro: ecvoir pu _-,oscs. 1. lcvQlopment rights for the _rra ,_ ,_ _Kad on ihn KnVaLive trr ct wap along the westerly rid; -Line shall _ he Qi dicared to the City. The appropriate open space coning For said area shall be M_i_Od by the City Council at uch Line as it dens nay:. __.,pry. , and "r ;Iaall_ b- held in co�,aiunn nwnnn _.hip by a hoiouowners association. 11:0 '%AIdAi_Ons, covenants, and restrictions for the project :Bill ipaluae provisions for use and wank mance of said arc"s - P ':i K r,i11-y iHing flood plain protection and recreational uses. 9. Development plans for the pi_ojcct shall he rcvi-cwed by the PIinning C""Yi-ssion and npprovd d by L%a CiLy Co" ci-I prior: to rn;oroval of a final. Lract map. '. "ch pla"S rAal_l UAude preliminary grading plans, tract plot pUns (Acludi_ng walls, fonccs, and buffers), equcstri,n trail plans, s3cpe landscaping plan, street true plan, coimaon a -ea dnvclojnnt plans, and residential building elevations. 10. Prior to approval of a final map: (1) the precise alignment "d grading plans for the Ganoral Plan cqucst-rian trail and local feeder trails shall he approved by the City manager. (2) The City shall be provi_dcd with an irrcvan"bl_e offer to dedicate the General Plan r-ci::V i_.an trail. 11. Precise alignment and grading plass for "A" Si_rr.et and the oncryuncy access road, within the s=.l divisi-un l,00nanries, shall be as indicated on the approvC-d c.-'_;$Kvo Cncct wap, and witigation nrasurcs, by contou Sig .._fid lc-i_taping, to soften the effact of road gr_,di:ng shall be p,rovod by the City Council prior to approval of a Vinal nap. 12. hall -s, fences, or suitable buffers will be rr-yli_rcd to protect residential lots from traffic and other ndv"rsa conditions. 13. Street names shall be approved by the Di j_o& o,r of Planning prior to approval of a final man. -2 - 1.4. A,, _. p"lojiPAI 1 1 i i __aC 0 , , lave L, cn 1 P-1 .:i i hin 1 h piwpi rty ,and desiUnai, d in l;nl-h the General Plan and the Unvironmentil impact rr:p uu i 1: 1 -t �r�-::rrr��d for a pro .o..wa C"nrrn ]_ Plan Amendmont. A qualified archaeologist shall be preypnt Wing grading "poral=ions near hese deli_lgatcd sHos. if, during grading, the archaeologist dales"inns that !here is evidence of further arti.factualmatnri_als, grading operations -hall he t_paporarily hal-ted to pnrmi_t Curt-hpr investigation. 15. Cho pl.operty owner shall dedicate to the City, ailhout further acns i dpr;, Lion, the necessary right -of- way for uo,_no Creek Road to a minimi -tin width of 34 foot. Ft. Vehicle ,anuoss Kyh1_s ;clung Porno Cr. ek To, d small be dedicated to the City except at street i-niersc-ctions. b. Street improvements small he constructed to implode required street sections, concrete sidewalk on one side coati-quous to curb, hike trail on one side contiguous to curb, street lighting and underground utilities. J6. The property nnnpr :;hall dr•di crate to 1 -he City, w Anout furs l,er consideration, the _ecp: nncy right-of-way wi_Chin 'rhe subdivision, and Oui side of L4e .subdivision upon naluisition of f_he right- of-way ight-of-',say by she property owner, for "A" iii ; i .nt o a minimum widi_h of GO feet. a. Vehicle access- rights along "A" Street shall be dedicated to the City, except at street_ intersections. b. Street- shall be const- -rucked to include two O elve-foot-wi_de travel Janes with eight -foot paved shoulder on either side and a drainage device in the next five Feet, both sides. The remaining five feet shall have a four --foot walkway (2" thick asphalt concrete) on one side. Tease -3- 5='iall he i,o Pjv: skOn t� iil within 1 K right uf. , j.. street lighting and utility shall be required in accordance with City s an9a,rds. c. The vertical and horizontal alignment of "A" street shall he sufficient to accommodate a design , ,gid of 35 MPH. d. All grading required for "A" Stroat nmall he within the street right-of-way or acgai.red essnoant.s. e. T ,je t,_,nding at the "T" inter section shall have a gr. de of no greater than 4% for a distance of at least 1.00 feet. 17. Street "A" as shown on Sheet 2 of the proposed Tentative Tract Map shall be used for public street access to the proposed subdivision and the oxtension of Mission Hills Drive between its present terminus and Street "B" shall be used only for c� prgnney access as shown on ;hoot 1 of the proposed Tentative Tynat Nap and the following shall apply: a. he property owner shall dodi-cate to !he City, without farther consideration, the nwcessa,_y right--of-way for an Pmorgcncy access street to a minl_Ilira idth of 20 fact and connecting "B" Si -reset to the prose-nr tecminus of Mission Hills Drive. b. A cul-de-sac shall be dedicated and ecnstrucLed at the present terminus of Mission Hills Drive. The design and i_ nprovcments for said cul--de-sac s; &l b._ to the satisfaction of the City Engineer. C. A means of limiting access to this street shall be provided and approved by the City Fngincer. d. Drainage devices for the street shall be provided to the satisfaction of the City Engineer. e. Any utilities constructed in connection with this street shall be undergrounded. 4- In t he event i_he r fight -of -way for p obl.i c A rcet purpose's for "A" Street outside of the proposed subdivision and nuhslonVally in accord with the alignment as shown on Sheet 2 cannot be r-,piir(,d jt,nnnn:hly by i he Kropp ty GvDor wi_l hin three _ "nths From ! be don of: pvroval_ of the tentative ,nap, and the City r"Fo ;os to initiate prou""dings for and exarciso its Power. of Rnincnt D"main upon request by the property owner for the acquisition of such public street right--of-way, then the property owner., without further consid�_�ration, shall dedicate to the City the necessary right of way for public street purposes for the extension of Mission Hills Drive from its present tc minus to "B" Street along the general al i_granot of the gPrgency access road snnNn on f:hcut 1. Such andicntlon shall be to a minirbm width of 60 feet and improvements shall be in accold,nce with conditions a, b, c, d and e of Condition No. 16, e=nd mph r_=_Lansion of Mission Hills Drive shall replace "A" Street as shown on Sheet 1 as the public street access for the ;radroed Ocvployment, and "A" Street to a width of 20 W at snd within the limits of Qe proposed su',d.ivision shall he retained ._nd set aside for s.rcondary emergency access. In the event Mission Hills Drive replaces "A" Street as set forth herein, the design of Lots 29 - 41 may be adjusted to cononnsate for such c7,.=_n_:e. -5- 18. "1'0 pI ty 1 n to the City, con:;idcrati On, he ]1CCC St=<<ry right-of—wuy for °i3°, n�;n nen o�n nT1' and uJn St-l't_Cts 1-0 a miniTI1m dlSitil of 56 feet. 1 a. The paved section shall be deter_;ai:ucd by i_he City P,ngiuc��r. b. The street width shall be 36 feet, curb to curb. C. Sidewalks shall be 4.5 feet wide, contiguous to the curb on =._ch side of the st:r-net, except where sid��ailks are dol_eted by action of the City Council. d. Fire hydrants and street lights shall be located behind the sidewalks in accordance with City standards. e. Ut-ilities shall he undt�ry, oundrd. 1-9. The project ;ball conform to the D,a;ter Plan of nrainage for I he San Juan Capistrano Capistrano Beach Area. a. 'Pilo propec-ty is in the 1,O5 drainage fee a.,ses�nient area andthe drainage fee in effect at thetime of payment shall be required. b. `aster planned drainage facilities shall be constructed on this property. The design, hydrology and hydraulic calculations for the drainage facilities shall be submitted to the City Fn9ineer for approval. The cost of such drainage Facilities shall he credited against the draiage fee specified in 'a' above. C. Any required drainage easements small be a-aini_;nurn of 20 feet in width and shall be dedical-ed to the City as a utility easement. d. All surface water drained from this property shall be carried in drainage devices approved by by the City Engineer. -6- 20 2.1 22 �d by t lie Or-:nqe n,;:i Ly ida Ccr dor s Di st_rj_ct No. 4 (OCF7D ;i4) . a. All rights and ny existing usable e:el_Is shall be dedicated to OC14D 44. Any i3h,=ndoned wells shall be capped according to Or,"nge County Building and Safety Department !; t e;xl,Ards . b. Any storage fees roquired by OCWll 114 shall be paid. C. All water di_stri_bution and tr,nS70igsiOn fc:ci_Iiti_c•s steal_I be in accordance with the requirements of OCWD $4. Se.aar_ service shall- be by the City of San Juan Capistrano. The dovelol,[,r shall construct the .-,ani_lary scaer system, pay all fees, and comply with all regulations for saniterry sewer services as administered by the City Engineer. a. The City's sewer connection fee shall be required -- the fee amount shall be that in effect at time of payment. b. The Sanitary se:aer in Eorno Creek Road shall be constructed to the north and south tract boundary and plugged. Means shall be dcsi.gncd (to the approval of the City Rj:gineer) and constructed to pump sewage from the Horno Creek Road sanitary sewer_ to the existing facility in Mission Hills Drive. Unon completion of adjoining sanitary sewer facilities, the pump stations shall be abandoned. shall then be rc:-.ioved by gravity flow to F3orno Creek. C. Operating data and calculations of all pump facilities shall be submitted to the City Engineer. d. Any required sanitary sewer easements shall be dedicated to the City and shall be a mini;ilnn of 20 feet in width. A bridge or culvert for drainage purposes shall be constructed for "B" Street over. Horno Creek be approved by the City Engineer. -7- Design and construction shall 23. An hr"riroln,iy study and hyrirattrlic, c,i I on Ial_i_ens shall Pc prc nr.ed indicating the Units of a 100 -year storm in Horno Creek. Tmprovements consisting of rip -rap or similar erosion control measures approved by the City Engineer shall be required to prevent erosion of the banks of Aorno Creek within the proposed subdivision. 24. The developer shall construct an equestrian underpass and drn;nar;e facility under Hurno Crack Road. 25. Water distribution system and appurtenances shall meet the approval of the County Fire Warden. 26. Soils and Stability a. A comprehensive soils engineering investigation report showing evidence of a safe and stable development shall be suboitted with the grading plans. The recommendation by the soils engineer shall be incorporated into the grading plan design prior to grading permit approval. b. The soils engineer shall certify to the surfi_ci_al and gross stability of the site prior to issaance of any building permits. C. Seismicity and the probability of seismic effects upon the site and the proposed development shall be .included in any soils engineering or engineering geologic investigation report and recommendations shall be incorporated into the grading plan by the Design Civil engine=er. d. The grading plan shall he designed by a licensed Civil Engineer who shall be required to supervise the grading and drainage during construction. Certification by !he Civil Engineer that the site conditions at the rough grade stage are as per the approved plans and permit shall be required prior to issuance of any building permits, unless the City Engineer • '.�'ir-rmines that the 0 o bui_Idinq p��r:niI, i_s �c-ccr,r:�,rY for the completion or t_ ahi]_i.zaIion of the grading work. e. special attention shall be given to the areas of major landform alterations.