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=�
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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