Loading...
1980-0903_MISBIN,, MORRIS_AgreementSECORDED AT THE REQUEST OF , & 1 4 0 AND RETURN TO: pity of San Juan Capistrano EXEMPT City Clerk's Department C 2 32400 Paseo Adelanto San Juan Capistrano, AGREEMENT R CONST UCTION CA 92675 MASTER PLANNED FACILITIES TRACT 9784 RDING FEES EXEMPT DUE TO RNMENT CODE SECTION 6103 00, Mary An ` lanoer, City Clerk OF City Sv San Juan Capistrano, California BK 1 3776p 590 THIS AGREEMENT, for purposes of identification hereby dated the 3rd day of September 1980, is by and between MORRIS MISBIN, hereinafter referred to as "DEVELOPER", and CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY." P7 I T N E S S E T H: WHEREAS, the CITY has heretofore adopted the Master Plan of Drainage for the San Juan Capistrano -Capistrano Beach Area, (hereinafter called Master Plan) which establishes drainage fee assessment areas throughout the CITY: and WHEREAS, in connection with the development of its land, DEVELOPER applied for and was granted approval of Tentative Tract 9784 on condition that it meet the requirements of the aforesaid Master Plan; and WHEREAS DEVELOPER is required by the aforesaid Master Plan to construct a deep canyon retention basin as depicted on Exhibit A at an estimated cost of $525,000.00; and WHEREAS, DEVELOPER has adequate controls over the 202 more or less acres of land shown in Exhibit B herein, to bind the owners thereof to the terms and conditions of this agreement; and NOW, THEREFORE, in consideration of the premises, CITY and DEVELOPER agree that: 1. There shall be no drainage fees due or payable by DEVELOPER for and on account of any development of the property described in Exhibit B (202+ acres). 2. DEVELOPER shall waive any claim that it may have, presently or in the future, for any reimbursement or refund of any drainage fees collected for the LOIS02 Drainage Assessment Area. 3. This agreement shall become effective when the Master Planned Facilities for Tract 9784 have been constructed. OF ORANGE COUNTY, CALIFORNIA 10 AM OCT g 1980 LEE A BRANCH, County Recorder BK 13776PG 591 4. This agreement shall be binding on the parties hereto, their successors, heirs, or assigns, and it shall be the duty and obligation of the DEVELOPER, its successors, heirs, or assigns, to inform the CITY of any changes in address. The official mailing address of DEVELOPER is as follows: 33901 Calle Borrego San Juan Capistrano, CA 92675 IN WITNESS THEREOF, the parties hereto have executed this agreement on the date first above written. CITY OF SAN JUAN CAPISTRANO ATTEST: L. HAUSDORFER, MARY ANW HANOVER, CITY CLERK By / MORRIS MISBIN APPROVED AS TO FORM: OKAZAKI, CUY ATTORNEY ALL SIGNATURES MUST BE NOTARIZED -2- J BK 13776PG 592. SCALE,11B TRACT N0. 9784 X2°`8 E=� K. a 1<n . r.,. tK rRKi Na ,,,. , q) 03 KnE3 w>..wEneo Ims .no W THE Cf OR N SAN at.E F CAUFOR , >or; u.coucn.t...c COUNTY OF ORaV10E, STATE OF f33JF0ANl4. - ' ELPEARSOV G:D 1�OUt4E5 - ' NCVEMSER.1979 h PM C. CLN KE F.C.E 9757 o J DEEP CANYON RETENTION BASIN 2i H r �I 1 e e C ,...."�1.. Y a •g ft i e.Q N .� GY J✓ I =Y v.>v v EXHIBIT "A" BK 11776pe 593 TEL��Tff VE_ TRAP -7a19 7 8 4 --------------- ----------- EXHIBIT "B" State of / ago 2 k/ On this the 11 day of t�� 19 , before me, SS. 1 BK 13776Pe 594 County of the undersigned Notary Public, personally appeared H6,2,e/s P7 /5 6«! Known to me to be the person(,djwhose name /S subscribed yy I A M pFFr cfAL SEAL sr to the within instrument and acknowledged that�e WA. F. MILL Oexecuted the same for the purposes therein contained. NOTARY. Pu6u0 - C'A Rr"' IN WITNESS WHEREOF, I hereunto set my hand and official seal. P R INCIPAE OFFICE !N ORANGE COUNTY Commis%ion Expire% May 3, 1981 jj •i/////// GENERAL ACKNOWLEDGMENT FORM STATE OF CALIFORNIA. ss. COUNTY OF ORANGE _i_—„_` CITY OF SAN JUAN CAPISTRANO STATE OF CALIFORNIA, COVNTy OF ORANGE CITY OF SAN JUAN CAPISTRANO OFFICIAL SEAL CHERYL A JOHNSON m NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires DEC 28, 1981 SMS -2760 -2760 before me, the undersigned, a Notary Public in and for the said State, personally appeared GARY L._HAUSDORFER known to me to be the I 11 Mayor I known to me iI to be the—___MP§Wy ef_ City Cif S-an-,J_trnno _ I' MLwic al t�C— - - --- - - - - orporation tLat cxerctud the within IcstrLnent, knovarl to me to be the persons who executed the within Instrwnent, on behalf of the Corporation herein ranmd, and acknowlcdgad to me that such Corporation executed the within Instrument pursuant to its bylaws or a �I resolution of its board of d rectcrs. WITNESS my hand and official seal. for September 18 19--Lo- before 9 80_, before me, the Imdereigned, a Notary Public in and for the said State, personally appeared known to me to be the _President, and-._ MARY ANN HANOVER„ knoven to me to be the Ci tyS3ark&X)b7aitfRof_C ty of San Juan apistrano MU icigaL- - --- — ----- the Corporation that executed the within Instrument, known to me to be the persons who executed the within instrument, on behalf of the Corporation herein named, and acknoviledFod to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. J Notary Public Iii 2nd for said ACGNOWIEDGhfENT--Corp,-pros. bSee.—Wol_otts Porm 7_'6—Xcv. }6A ---'-------'--- --- OFFICIAL. SEAL ' MARY ANN HANOVER NOTARY PUBLIC - faLIFORNIA /1 ORANGE COUNTY My comm, expires APR 20, 1984 STATE OF CALIFORNIA, COVNTy OF ORANGE CITY OF SAN JUAN CAPISTRANO OFFICIAL SEAL CHERYL A JOHNSON m NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires DEC 28, 1981 SMS -2760 -2760 before me, the undersigned, a Notary Public in and for the said State, personally appeared GARY L._HAUSDORFER known to me to be the I 11 Mayor I known to me iI to be the—___MP§Wy ef_ City Cif S-an-,J_trnno _ I' MLwic al t�C— - - --- - - - - orporation tLat cxerctud the within IcstrLnent, knovarl to me to be the persons who executed the within Instrwnent, on behalf of the Corporation herein ranmd, and acknowlcdgad to me that such Corporation executed the within Instrument pursuant to its bylaws or a �I resolution of its board of d rectcrs. WITNESS my hand and official seal. for September 18 19--Lo- before 9 80_, before me, the Imdereigned, a Notary Public in and for the said State, personally appeared known to me to be the _President, and-._ MARY ANN HANOVER„ knoven to me to be the Ci tyS3ark&X)b7aitfRof_C ty of San Juan apistrano MU icigaL- - --- — ----- the Corporation that executed the within Instrument, known to me to be the persons who executed the within instrument, on behalf of the Corporation herein named, and acknoviledFod to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. J Notary Public Iii 2nd for said ACGNOWIEDGhfENT--Corp,-pros. bSee.—Wol_otts Porm 7_'6—Xcv. }6A ---'-------'--- --- 72400 PASEO ADEL AN To SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 4971171 September 8, 1980 Morris Misbin 33901 Calle Borrego San Juan Capistrano, California 92675 Re: Agreement for Construction of Master Planned Facilities - Tract 9784 Dear Mr. Misbin: At their meeting of September 3, 1980, the City Council took action to approve the Agreement for Construction of Master Planned Facilities in Tract 9784. Enclosed are the original and one copy of the above-mentioned Agreement. PlEase sign the "City Copy" before a notary and return to this office for fowarding to the Orange County Recorder for recordation. The copy is for your files. If I can be of any further help, please do not hesitate to call. Very truly yours, (MRS} MARY rM tNOV ER, CMC City Clerk MAH/cdc Enclosures cc: Director of Public Works 0 0 AGENDA ITEM September 3, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Agreement, Drainage Improvement Area Tentative Tract 9784 (Melford Development) Camino Las Ramblas SITUATION Tentative Tract 9784 (Melford Development) was approved with a con- dition of approval requiring the design, construction and dedication of the Deep Canyon Drainage Retention Basin. Working with the developer's engineer, E. L. Pearson & Associates, Engineering Staff has been able to estimate construction of the basin at $525,000.00. In accordance with condition #12, Melford Development is entitled to a reimbursement agreement for the excess expenditure for drainage improvements beyond the required fee of $1,470.00 per acre in area LO1SO2. The excess expenditure is estimated at $373,590.00. The developer has offered to waive the establishment of a reimburse- ment agreement if expenditure for the construction of the required drainage facilities can serve to satisfy the drainage fee requirement on the 99 adjacent acres owned by the developer. Staff has analyzed this proposal, and the request appears feasible in view of the fact that the drainage fee on the adjacent parcels totals only $132,300.00, or approximately one-third of the excess expenditure for the reten- tion basin. The attached agreement and exhibit have been structured to provide for the waiver of the additional drainage fee by the City and the concurrence of the developer deleting the option of a drainage reimbursement agreement. FINANCIAL CONSIDERATIONS Approval of the agreement would provide the City a maximum savings of $141,290.00 in drainage reimbursement fees for Tract 9784. ALTERNATE ACTIONS 1. Approve the attached agreement. 2. Do not approve the agreement. 3. Request further information from staff. FOR CITY COUNCIL AGENDA b� 1 -Ig 0 0 Agenda Item Tentative Tract 9784 September 3, 1980 Page 2 RECOMMENDATION By motion, approve the Drainage Improvement Area Agreement for Tract 9784; authorize the Mayor and City Clerk to sign and direct the City Clerk to record the same. +Respectfully submitted, W. D. Murp WDM:CMB/pjs Attachment 0 0 8. CONSTRUCTION OF DEEP CANYON DRAINAGE RETENTION BASIN - APPROVAL OF AGREL:DlE?]'P PI LIEU OF DRAINAGE FEES, Ti;NTATIVE TRACT 9784 (MELFORD DEVELOPM6LNT/MISBIN) (80) Written Communications: - (85) Report dated September 3, 1980, from the Director of Public ✓ (38) Works forwarding a proposed Agreement between the City and Morris Misbin, developer of Tentative Tract 9784. The Agreement provides for construction of a deep canyon retention basin, pursuant to the Master Plan of Drainage, in lieu of the $1,470 per acre drainage fee requirement for'the 99 -acre development. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the Agreement for Construction of Master Planned Facilities, Tract 9784, and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City; the City Clerk is directed to record the Agreement upon its execution. 9/3/S0