09-0610_MULLER, STEPHEN J_Subordination Agreement4 RECORDING REQUESTER
Chicago Title Insurance Company
AND WHEN RECORDED MAIL TO
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
Order No. '_164o
This Document as electronically recorded by
WesIM Resources Title
rded in Official Records, Orange County
Daly, Clerk -Recorder
18.00
2009000330620 04:24prn 06/23/09
10559S135
0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00
SPACE ABOVE THIS LINE FOR RECOROEFM96orS arce o:
649-061-16
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY
INSTRUMENT.
THIS AGREEMENT, made this 10th dayof JUNE 2009, by
STEPHEN J. MULLER AND DIANE M. MULLER, TRUSTEES OF THE DIVO TRUST DATED AUGUST 30, 2005
owner of the land hereinafter described and hereinafter referred to as "Owner", and
CITY OF SAN JUAN CAPISTRANO, A CALIFORNIA GENERAL LAW CITY
present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as
"Beneficiary";
WITNESSETH
THAT WHEREAS,
STEPHEN J. MULLER AND DIANE MARIE MULLER, HUSBAND AND WIFE
did execute a deed of trust, dated NOVEMBER 21, 1983 , to
FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION
as trustee, covering that certain real property described as:
LOT 20 IN TRACT NO. 6169, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 244, PAGES, 19,20 AND 21 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA
to secure a note in the sum of $No Amount/Swimming Pool dated NOVEMBER 21, 1983 in favor of
THE CITY OF SAN JUAN CAPISTRANO,K A CALIFORNIA GENERAL LAW CITY
which deed of trust was recorded FEBRUARY 15, 1984 in book/reel N/A page/image N/A
Official Records of said county and/or as document number/series 84-065516 ; and
1of3
Order No. 985060044 - Escrow No. 985060044 - 543
WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of
$$2,000,000.00 , dated JUNE 10, 2009 , in favor of
UNION BANK, N.A.
hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which
deed of trust is to be recorded concurrently herewith; and
WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned
shall unconditionally be and remain at all times alien or charge upon the land hercinbefore described, prior and
superior to the lien or charge of the deed of trust fust above mentioned; and
WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or
charge upon the above described property prior and superior to the lien or charge of the deed of trust first above
mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the
deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and
WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and
Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon
said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other
valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to
induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows:
(1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof,
shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and
superior to the lien or charge of the deed of trust first above mentioned.
(2) That Lender would not make its loan above described without this subordination agreement.
(3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien
or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of
Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between
the deeds of trust hereinbefore specifically described, any prior agreements as to such subordination
including, but not limited to, those provisions, if any, contained in the deed of trust fust above mentioned,
which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to
another mortgage or mortgages.
Beneficiary declares, agrees and acknowledges that
(a) He or she consents to and approves (i) all provisions of the note and deed of trust in favor of Lender
above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements,
between Owner and Lender for the disbursement of the proceeds of Lender's loan;
(b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor
has Lender represented that it will, see to the application of such proceeds by the person or persons to whom
Lender disburses such proceeds and any application or use of such proceeds for purposes other than those
provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in
part;
(c) He or she intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of
the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in
favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver,
relinquishment and subordination specific loans and advances are being and will be made and, as part and
parcel thereof, specific monetary and other obligations are being and will be entered into which would not be
made or entered into but for said reliance upon this waiver, relinquishment and subordination; and
Page 2 of 3
SA 3/84 Mn
Title Order No- 965060044
Escrow or Loan No. 985060044
E
(d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said
deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender
above referred to.
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON
OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE
EXPENDED FOR PURPOSES OTHER THAN IMPROVEMENT OF THE LAND.
the CITY OF SAN JUAN CAPISTRANO
6Y
NAME AND TITLE:
Dated JUNE 10, 2009
STATE OF CALIFORNIA )
ISS.
Who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are suribed to the within instrument
and acknowledged to me that
1sTa/they executed the same in
his/her/their thorized capa (ie ), and that by his/her/their
signatures on t I instrument e p son(s), or the entity upon behalf
of which t Vers n(s), acted, xecu d the instrument.
I certify
that
my
SAA306 -- 12/03/07 AA
under the laws of the State of
is true and correct.
.r�0ir SUSAN BIGGIO
�COMM. # 1645487 X
o NOTARY PUBLIC•CAUFORNIA ;0' ORANGE COUNTY CO)
My Comm. Expires FEB 9 2010 tV
(THIS AREA FOR OFFICIAL NOTARIAL SEAL OR STAMP)
(All signatures must be acknowledged)
Page 3 of 3
Chicago Title Insurance Company
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION
AGREEMENT, THE PARTIES CONSULT WfTH THEIR ATTORNEYS WITH RESPECT THERETO.
(SUBORDINATION FORM "A" DEED OF TRUST OF RECORD TO NEW DEED OF TRUST)
E
RECORDING REQUESTED BY
Chicago Title Insurance Company
AND WHEN RECORDED MAIL TO
CITY OF SAN JUAN CAPISTRANO
82400 PASEO AOELANTO
SAN JUAN CAPISTRANO, CA 82575
Order Nu. )-1540
This Documents electronically recorded by
Western Resources Title
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
1111111111111111111 18.00
2009000330620 04:24pm 06/23/09
59S135
10.00 0.00 0.00 12.00 0.00 0.00 0.00
F0R"'WME9WrB rq.
649-061-16
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY
INSTRUMENT.
THIS AGREEMENT, made this 10th day of JUNE 2009, by
STEPHEN J. MULLER AND DIANE M. MULLER, TRUSTEES OF THE DIVO TRUST DATED AUGUST 30, 2005
owner of the land hereinafter describe'
CITY OF SAN JUAN CAPISTRANO, A
Yner', and
Lai
present owner and holder of the ........ -.__- efrlafter described and hereinafter referred to as
'Beneficiary';
WITNESSETH
THAT WHEREAS,
STEPHEN J. MULLER AND DIANE MARIE MULLER, HUSBAND AND WIFE
did execute a dead of trust, dated NOVEMBER 21, 1963
,to
FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION
as trustee, covering that certain real property described as:
LOT 20 IN TRACT NO. 6169, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 244, PAGES, 19, 20 AND 21 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA
to securea note In the sum Of $No Amount/Swimming Pool dated NOVEMBER 21,1988 in favor of
THE CITY OF SAN JUAN CAPISTRANO,K A CALIFORNIA GENERAL LAW CITY
which deed of trust was recorded FEBRUARY 15,1964 in book/reel N/A page/Image N/A
Official Records of said county arid/or as document number/serl% 64-065516 ; and
Order N0. 96506004{ - •
Escrow No.a.6...... _ ..,
WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of
$$2,000,000.00 , dated JANE 10, 2009 , in favor of
ANION BANK, N.A.
hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which
deed of trust is to be recorded concurrently herewith; and
WHEREAS, it L% a condition precedent to obtaining said loan that said deed of trust last above mentioned
shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and
superior to the lien or charge of the deed of trust first above mentioned; and
WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or
charge upon the above described property prior and superior to the lien or charge of the deed of trust first above
mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the
deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and
WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and
Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon
said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other
valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to
induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows:
(1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof,
shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and
superior to the lien or charge of the deed of trust first above mentioned.
(2) That Lender would not make its loan above described without this subordination agreement.
(3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien
or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of
Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between
the deeds of trust hereinbefore specifically described, any prior agreements as to such subordination
including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned,
which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to
another mortgage or mortgages.
Beneficiary declares, agrees and acknowledge.% that
(a) He or she consents to and approves (i) all provisions of the note and deed of trust in favor of Lender
above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements,
between owner and Lender for the disbursement of the proceeds of Lender's loan,
(b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor
has Lender represented that it will, see to the application of such proceeds by the person or persons to whom
Lender disburses such proceeds and any application or use of such proceeds for purposes other than those
provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in
part;
(c) He or she intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of
the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in
favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver,
relinquishment and subordination specific loans and advances are being and will be made and, as part and
parcel thereof, specific monetary and other obligations are being and will be entered into which would not be
made or entered into but for said reliance upon this waiver, relinquishment and subordination; and
Page 2 of 3
SW 3/6/ bn
Title Order No. OBS000044 •
Esorow or Loan No. 98508OW4 f151
i
(d) An endorsement has been placed upon the note secured by the deed of trust fist above mentioned that said
deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Leader
above referred to.
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON
OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE
EXPENDED FOR PURPOSES OTHER THAN IMPROVEMENT OF THE LAND.
the CITY OF SAN JUAN CAPISTRANO
BY
NAME AND TITLE:
Dated JUNE 10, 2009
STATE OF CALIFORNIA
COUNTY In ,E
On
m be )
/-6-
who proved to me on the balls of satisfactory evldenoe to be the
parson(s) whose names) Is/are suospribed to the within inetrument
and aclr� to ma that 1 s/they executed the same in
his/harjtheir orized cap ( ), and that by hlaJherjtheir
signature n a InetrurtroM p (s), or the entity upon behalf
of which pe n(s), AODed,ixeouj6d the instrument
I certifyr/nder P NALTY OFjPEURY under the laws of the State of
Calitorn thatth forsoolndoar raoh is true and conect.
my
SkAWS-12JM0]M
tV OSYCDM&Ph"FE8142010
SUSAN BIGGIO
CORAM.* 1845487 �NOTARY PUBLA:�CAUFORNIA ANGE COua
(TI AREA FOR OFFICIAL NOTARW. SM OR STAL"
(All signatures must be acknowledged)
Page 3 of 3
Chicago Title Insurance Company
IT IS RECOMMENDED THAT, PRIORTO THE EXP.0 MON OF THIS SUBORDINA11ON
AGREEMENT, THE PARTIES CONSULT W rrK THRIR ATTORNEYS Wrl'H RESPECT THERETO.
(SUBORDINATION FORM W DEED OF TRUST OF RECORD'1'O NEW DEED OFTRUM
0 0
Title Ostler No. 986060044
EMMW or Loan No. 986060044 861
(d) An endorsemcal has been placed upon the note secured by the deed of trust first above mentioned that said
deed of trust has by this instrument been subordinated to the lien or charge of the decd of trust in tavur of L.cndcr
ubovc referred to.
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE. PERSON
OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAI BE
EXPENDED FOR PURPOSES OTHER THAN IMPROVEMENT OF THE LAND.
the CITY OF SAN JUAN CAPISTRANO
BY
NAME AND TITLE: �gyx?r Abbas zadeti
9—mh e -Werk -f 12 Ili •r
S \ Tj Vk c oul(\A er p6(4
Dated JUNE 10, 2009
OF CALIFORNIA )
} SS.
�KOF ORANGE 1
AW to the within instrument
s/th aKeeuted the same In
i, e t by hislherm; 'r
on(&), or entity upon behalf
the v elrum
under the laws a State of
ie vYe Sntl eorfet1.
•"° SUSAN BIGGID t
tV COMM.87846487 �
y-� ui/WfILICLRUfOIINIA �I
My Cornet. is ' FF81{ MR' N
!RIIS AREA PVP OPFY= NCIAAV 8E OP STAMP)
(All isiratums muu he wkao latacJ)
Page 34 7
Chicago Title Insurance Company
MIS RFCO.NMUMED'ITIA'r. PRIORTOTHE IMECTMOS OI''f}11S ST:NORDIN.AITON
AGltkik UE,NI'.'ME PARTIES CONSUL T WrlH'ITIEIR AT9Y)RNFI'S NTIH RI SPEI'1' FtlFwf 0.
(SUBORDINATION PORM "A" DEED OP'ITIUSTOP RE.CIORD'1'O NEW DEED OF'l RUST)
SIN]0a - UjM-07AA
• 0
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 118 1)
On June 16, 2009, before me, Maria Morris, Deputy City Clerk, personally appeared
Nasser Abbaszadeh, Public Works Director, who proved to me on the basis of satisfactory
evidence to the be person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that
by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Capacity Claimed by Signers
Director — Public Works
Title
Signers are Representing
City of San Juan Capistrano
d and official seal.
1
OPTIONAL
Description of Attached Document
Title or Type of Document
Subordination Agreement
(Stephen J. Muller and Diane M. Muller,
Trustees of the Divo Trust August 30, 2005)
Date of Document: June 10, 2009
Number of Pages: 6
Signer(s) Other Than Named Above:
Stephen J Muller & Diane M. Muller
RECORDING REQUESTED BY AND W13EN
R7,CVRDED.2ETURN TO:
CITY OV SAN JU4111 CAPISTAO
Cisy Clerk's Department
32400 Paseo Adelanto
` San Juan Capistrano, CA
92675
RECORDING FEES EXEMPT DUE TO
83-061522 GOVOMENT CODE SECTION 6103
EXEMPT MARYANO ER, City Clerk
✓ C14 San Ju n Capistrano, California
AGREEMENT FOR CONSTRUCTION OF SWIMMING
POOL IN ALIPAZ STREET RIGHT OF WAY
THIS AGREEMENT made and entered into this 1st day of
February 1983, by and between the City of San Juan Capistrano
hereinafter designated as "CITY" and Stephen J. Muller, herein-
after designated as "OWNER."
W I T N E S S E T H:
WHEREAS, OWNER is the owner of Lot 20, Tract 6169 recorded
in book 244, Pages 19 through 21, inclusive of Miscellaneous Maps
of the County Recorder, County of Orange; and
WHEREAS, CITY is the owner of an easement for slope
purposes which traverses said lot and is necessary for the
northerly extension of Alipaz Street; and
WHEREAS, OWNER desires to construct a swimming pool and
appurtenant improvements on said lot which shall encroach into
CITY'S easement; and
WHEREAS, CITY desires to maintain its ability to exercise
its rights within said easement to construct improvements for
Alipaz Street at no additional expense to CITY caused by said
encroachment.
NOW, THEREFORE, it is mutually agreed by and between CITY
and OWNER as follows:
1. CITY shall grant OWNER a permit to construct said
swimming pool and appurtenant improvements within said slope
easement. The encroachment of improvements into said slope
easement shall not exceed twenty-five feet for the pool only with
appurtenant improvements occupying an additional ten feet.
2. OWNER shall prepare plans for a retaining wall
approved by the City Engineer and CITY'S Building Official to
be installed if required at the time the future Alipaz Street
construction is commenced. OWNER shall bear all costs of
construction of said retaining wall.
3. OWNER shall hold CITY harmless from all claims arising
from OWNER'S construction, use, and maintenance of said swimming
pool and appurtenant equipment; for purposes of this agreement,
said retaining wall shall be considered appurtenant equipment.
OF ONANGE
-122-0 ply FEB 8 '83
83-061522
4. OWNER shall install retaining wall as required or
make other modification as required, or if it is not technically
feasible to construct said wall, remove said swimming pool and/
or appurtenant equipment upon notice from CITY. OWNER to
install improvements or remove the pool in conjunction with the
construction of Alipaz Street. Notice will only be given to
accommodate construction of Alipaz Street. OWNER shall bear
all costs of such removals.
5. OWNER shall provide a surety acceptable to CITY to
insure OWNER'S obligation to fund said retaining wall or remove
said pool. The amount of said surety shall be determined by CITY
as follows: Construction costs of said retaining wall plus 108
of the construction costs for design and survey, 108 of the
construction cost for contingencies, and 108 of the construction
cost for inflation.
6. CITY shall grant OWNER said permit to construct the
swimming pool and appurtenant improvements upon approval of plans
for said retaining wall, receipt of said acceptable surety and
recordation of this approval.
7. OWNER shall bear all expenses of repair and/or
restoration of damage and/or wear to said swimming pool and
appurtenant equipment caused by CITY'S construction of Alipaz
Street.
8. This agreement shall run with the land and be binding
upon OWNER and OWNER'S heirs, successors, and assigns.
CITY OF N JUAN CAPISTRANO
ATTEST:
AWRENCE F. BTJ MWIlIMMAY0230�
MARY ANN NOVE`R,CITT Y CLERK
OWNER
APPROVED AS TO FORM: AiIC4,(2
i
S P N J. ULLER
JMn
,tME—S OKAZAKI, CITY WTORNEY
sc
State of California
SS.
County of Orange 11
City of San Juan Capistrano
OFF'
FFICIAL
MARY AN
NOTARY Pur"
.a My comm exnhc; 7r i Z0, 19E
CORPORATE ACKNOWLEDGMENT FORM 7120052
Stateof California N
SS.
County of Orange
City of San Juan Capistrano
OFFICIAL SEAL
RUTH E M.AROUARD
M iY^I NOTARY 11 CALIFORNIA
^' n ' COUNTY
_. "1y ^rr:.a. expires MAY 23, 1984
CORPORATE ACKNOWLEDGMENT FORM 7120052
Stateof California
SS.
County of Orano'e 14
City of San Juan Capistrano
On this the lstday of I , oruary 1983 before me,
Mary Ann Hanover
the undersigned Notary Public, personally appeared
Lawrence F. Buchheim
XX personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
Mayor muni i 1
Y x0r on behalf of thecorpora kETherein
named, and acknowledged to me that the corporation executed it.
IAIITNICCC — in—A —A —ffi-i-1 —1
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364
On this the 2nd day of February 19—LI before me,
Ruth E. Marquard
the undersigned Notary Public, personally appeared
Mary Ann Hanover
XR� personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrumenas ip 1
City Clerk �fVon behalf ofthe �orporattiiorf-tRerein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, Ck91364
On this the 4thday of February 1918 3, before me,
Mary Ann Hanover
the undersigned Notary Public, personally appeared
Stephen J. Muller
❑ personally known to me
,proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is subscribed to the
within instrument, and acknowledged that he executed it.
1AIITNIFCA my hand anH official coal
GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION, 23012 Ventura Blvd., Woodland Hills. CA91364
OFFICIAL SEAL
MARY ANN HANOVER
`g %.I�
N01ARY PUBLIC - CALIFORNIA
'
CPINGp CC;'fi'Y
My comm. expires APR 20, 1984
On this the lstday of I , oruary 1983 before me,
Mary Ann Hanover
the undersigned Notary Public, personally appeared
Lawrence F. Buchheim
XX personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
Mayor muni i 1
Y x0r on behalf of thecorpora kETherein
named, and acknowledged to me that the corporation executed it.
IAIITNICCC — in—A —A —ffi-i-1 —1
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364
On this the 2nd day of February 19—LI before me,
Ruth E. Marquard
the undersigned Notary Public, personally appeared
Mary Ann Hanover
XR� personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrumenas ip 1
City Clerk �fVon behalf ofthe �orporattiiorf-tRerein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, Ck91364
On this the 4thday of February 1918 3, before me,
Mary Ann Hanover
the undersigned Notary Public, personally appeared
Stephen J. Muller
❑ personally known to me
,proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is subscribed to the
within instrument, and acknowledged that he executed it.
1AIITNIFCA my hand anH official coal
GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION, 23012 Ventura Blvd., Woodland Hills. CA91364
MEMORANDUM
TO:
FROM:
SUBJECT:
0
Stephen B. Julian, City Manager
W.D. Murphy, Director of Public Works
0
July 24, 1987
Muller Escrow #9705 - Lot 20 Tract 6169
The subject property is being processed for refinancing. The City has a financial interest
in the property due to construction of a swimming pool and deck in an area which is slope
easement dedicated to the City for future Alipaz Street.
The attached Agreement for Construction in the slope easement was approved by the
City Council in February 1983. This agreement required a surety to be provided to the
City with the amount to be the construction cost of a retaining wall, including its design,
survey, contingencies and inflation. This cost was preliminarily estimated to be
approximately $19,500.
The surety that was provided and approved by the City Council in February, 1984 was the
attached Deed of Trust. In this document the amount of the surety was to be determined
in accordance with the Agreement for Construction.
As part of the refinancing, the Deed of Trust must be subordinated via the execution of
the Subordination Agreement (copy attached). The Deed of Trust would be 2nd in line to
the 1st held by Cypress Financial. There is also $220,000 equity in the property to cover
the $19,500. If the subordination is not approved, the City must demand payment.
At this time, Engineering will be preparing Alipaz Street alignment plans in accordance
with the approved CIP. As part of the design, the financial responsibility of the property
owner will be more certain. In the Agreement for Construction, the owner agreed to
install a retaining wall as required, or make other modifications, or if not feasible to
construct a wall, remove the pool in conjunction with Alipaz Street construction.
Since the Deed of Trust and Agreement for Construction afford the City financial
flexibility, I request approval of the execution of the subordination agreement instead of
demanding payment at this time.
WDM:TGS:kjs
cc: Jon R. Shaw
eodore G. Simon
0
MEMORANDUM
TO: Stephen B. Julian, City Manager
FROM: W.D. Murphy, Director of Public Works
July 24, 1987
SUBJECT: Muller Escrow #9705 - Lot 20 Tract 6169
6GD 2()
The subject property is being processed for refinancing. The City has a financial interest
in the property due to construction of a swimming pool and deck in an area which is slope
easement dedicated to the City for future Alipaz Street.
The attached Agreement for Construction in the slope easement was approved by the
City Council in February 1983. This agreement required a surety to be provided to the
City with the amount to be the construction cost of a retaining wall, including its design,
survey, contingencies and inflation. This cost was preliminarily estimated to be
approximately $19,500.
The surety that was provided and approved by the City Council in February, 1984 was the
attached Deed of Trust. In this document the amount of the surety was to be determined
in accordance with the Agreement for Construction.
As part of the refinancing, the Deed of Trust must be subordinated via the execution of
the Subordination Agreement (copy attached). The Deed of Trust would be 2nd in line to
the 1st held by Cypress Financial. There is also $220,000 equity in the property to cover
the $19,500. If the subordination is not approved, the City must demand payment.
At this time, Engineering will be preparing Alipaz Street alignment plans in accordance
with the approved CIP. As part of the design, the financial responsibility of the property
owner will be more certain. In the Agreement for Construction, the owner agreed to
Install a retaining wall as required, or make other modifications, or if not feasible to
construct a wall, remove the pool in conjunction with Alipaz Street construction.
Since the Deed of Trust and Agreement for Construction afford the City financial
flexibility, I request approval of the execution of the subordination agreement instead of
demanding payment at this time.
WDM:TGS:kjs
cc: John R. Shaw
Theodore G. Simon
n.�uxuc� rLiUeLN TU: � 83-061522 MENT CODE SECTION 6103
CITY OF SAN JUAN CAPI 0
City Clerk's Department
a 400 Paseo Adelanto
San Juan Capistrano, CA XEM MARY Nt NO ER, City Clerk
92675 / V4 San J r
.Capistrano, Califor
AGREEMENT FOR CONSTRUCTION OF SWIMMING
POOL IN ALIPAZ STREET RIGHT OF WAY
-.1
THIS AGREEMENT made and entered into this 1st day of j
February 1983, by and between the City of San Juan Capistrano
hereinafter designated as "CITY" and Stephen J. Muller, herein-
after designated as "OWNER." f
W I T N E S S E T H:
WHEREAS, OWNER is the owner of Lot 20, Tract 6169 recorded
in book 244, Pages 19 through 21, inclusive of Miscellaneous Maps
of the County Recorder, County of Orange; and
WHEREAS, CITY is the owner of an easement for slope
purposes which traverses said lot and is necessary for the
northerly extension of Alipaz Street; and
WHEREAS, OWNER desires to construct a swimming pool and
appurtenant improvements on said lot which shall encroach into
CITY'S easement; and
WHEREAS, CITY desires to maintain its ability to exercise
its rights within said easement to construct improvements for
Alipaz Street at no additional expense to CITY caused by said
encroachment.
NOW, THEREFORE, it is mutually agreed by and between CITY
and OWNER as follows:
1. CITY shall grant OWNER a permit to construct said
swimming pool znd appurtenant improvements within said slope
easement. The encroachment of improvements into said slope
easement shall not exceed twenty-five feet for the pool only with
appurtenant improvements occupying an additional ten feet.
2. OWNER shall prepare plans for a retaining wall
approved by the City Engineer and CITY'S Building Official to
be installed if required at the time the future Alipaz Street
construction is commenced. OWNER shall bear all costs of
construction of said retaining wall.
3. OWNER shall hold CITY harmless from all claims arising
from OWNER'S construction, use, and maintenance of said swimming
pool and appurtenant equipment; for purposes of this agreement,
said retaining wall shall be considered appurtenant equipment.
is
OF
'g°U PM FES 5 '83
,� � vJ VU1J[[ •�
4. OWNER shall install retaining wall as required or
make other modification as required, or if it is not technically
feasible to construct said wall, remove said swimming pool and/
or appurtenant equipment upon notice from CITY. OWNER to
install improvements or remove the pool in conjunction with the
construction of Alipaz Street. Notice will only be given to
accommodate construction of Alipaz Street. OWNER shall bear
all costs of such removals.
5. OWNER shall provide a surety acceptable to CITY to
insure OWNER'S obligation to fund said retaining wall or remove
said pool. The amount of said surety shall be determined by CITY
as follows: Construction costs of said retaining wall plus 108
of the construction costs for design and survey, 108 of the
construction cost for contingencies, and 108 of the construction
cost for inflation.
6. CITY shall grant OWNER said permit to construct the
swimming pool and appurtenant improvements upon approval of plans
for said retaining wall, receipt of said acceptable surety and
recordation of this approval.
7. OWNER shall bear all expenses of repair and/or
restoration of damage and/or wear to said swimming pool and
appurtenant equipment caused by CITY'S construction of Alipaz
Street.
S. This agreement shall run with the land and be binding
upon OWNER and OWNER'S heirs, successors, and assigns.
CITY OF JUAN CAPISTRANO
ATTEST:
WRENCE F. M, MAYOR
MARY ANN V• , CITY CLERK
APPROVED AS TO FORM:
OWNER
a► y. �I �' ro
_ , . 14
J&2S OKAZAKI, CITY UMOMiEY
-2-
statoot Califo nia '�'I On this the 1atday of 41111111Enruary 1983
before rqC
County of Orange
SS. Mary Ann Hanover
City of San Juan Capistrano
the undersigned Notary Public, personally appeared
Lawrence F. Suchheim
XX personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(&) who executed the within Instrument a�ss1 . 1D8
::7:
EAL Mayor 2W on behalf of than poira9lon therein
A :O` Yr2 named, and acknowledged to me that the corporation executed it.
Lcc _ el : ttWITNESS my hand and official sealPR 20 1984
Notary's Sign re
CORPORATE ACKNOWLEDGMENT FORM 7120OW NATIONAL NOTARY ASSOCIATION • 22012 Vem., SNO • MAyoU4,K1 Hills.
Stateof California OnthistheZnddayof February 119-943 before me,
County of Orange a 3S. Ruth E. Marquard
City of San Juan Capistrano the undersigned Notary Public, personally appeared
Mary Ann Hanover
OFFICIAL SEAL
RUTH E MAROUARD
EC
NOTARY P••,•: Ir CALIFORNIA
^_...r' COUNTY
fly � %.1 -spires MAY 23, 198{
r_ -
CORPORATE ACKNOWLEDGMENT FORM 71200a „
Stateof California
" I SS.
County of Orange
City of San Juan Capistrano
M personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrumen s
City Clerk � niG- a1
Von behalf of the
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
NATIONAL NOTARY ASSOCIATION • 22012 YA11u18 &N0. • WoodNvW Hills, CA 9'
On this the 4 thday of February 119-91, before me.
Ann Hanover
the undersigned Notary Public, personally appeared
Stephen J. Muller
- personally known tome
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) i s subscribed to the
within instrument, and acknowledged that he executed it.
WITNFSfL my hand and nfiirial Baal
SEAL
MARY ANN HANOVER
EOFFICIAL
-
NOTARY PUBLIC • CALIFORNIA
y
>
GRANGE COUNTY
-
My comm. expires APR 20, 1984
M personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrumen s
City Clerk � niG- a1
Von behalf of the
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
NATIONAL NOTARY ASSOCIATION • 22012 YA11u18 &N0. • WoodNvW Hills, CA 9'
On this the 4 thday of February 119-91, before me.
Ann Hanover
the undersigned Notary Public, personally appeared
Stephen J. Muller
- personally known tome
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) i s subscribed to the
within instrument, and acknowledged that he executed it.
WITNFSfL my hand and nfiirial Baal
W 0 -
AGENDA ITEM February 7, 1984
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Acceptance of Deed of Trust - 26391 Calle Roberto,
Lot 20, Tract 6169 (Muller)
SITUATION
On the 1st of February, 1983, the City and Mr. Stephen J. Muller
entered into an agreement to permit construction of a pool into
City easement for the northerly extension of Alipaz Street. The
pool is on Mr. Muller's lot, Lot 20 of Tract 6169. Mr. Muller
was to provide the City with a surety device to insure the
removal of the pool or construction of a retaining wall to
protect the pool at no expense to the City. Mr. Muller has
provided the City with a deed of trust, a copy of which is
enclosed.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATION
The deed of trust shall be used to insure that no expense is
incurred by the City due to the pool in the extension of Alipaz
Street. The deed of trust is preferable to Mr. Muller, and the
process for foreclosure, if necessary, is easier for the City
than that of calling a bond. The deed of trust is mutually
acceptable surety. The amount of the surety is $19,500.
ALTERNATE ACTIONS
1.
Accept
the deed
of trust.
2.
Require
a bond
for surety.
3.
Request
further
information from staff.
By motion, accept the deed of trust from Mr. Stephen Muller as a
surety for the extension of Alipaz Street and removal or
protection of Mr. Muller's swimming pool as required in an
agreement dated February 1, 1983 between the City and Mr.
Muller and direct the City Clerk to record the document.
Respectfully s mitted,
W. D. Murphy
WDM:GML/rem
Encls. �' "~
0
, Nc
E,�row No
Loan No
Raccrdinu requested b.
James S. Okazaki
WHEN RECORDED MAIL TO
City Clerk
City of San .Tuan Capistrano
32400 Paseo Adeianto
San Juan Capi<_`_Yano, Cali..
926-4
DEED OF TRUST WITH ASSIGNMENT OF RENTS
,LONG FORM,
rls DEED Zr 7;aT -,ah this caenoT-first (21st) day of November, 1983 _e ween
Stephen _. 3Puller and Diane Marie Muller, ...�3band and 'wife _s 'ed7.'s3TOR.
26]01 Calle Roberto , San Juan Capistrano, Ca1i`_rrnia 42E-
FIRST AMERICAN TITLE INSURANCE COMPANY. _ ___vo
atn =r t,.a''mo TRUSTEE Bno
the City of San JoanCapistrano, a - `a -tea Seneral Lau, Ci t---------
-------------------------------------------------------
B ed BE'.E['CIARv.
WITNFSSE'H _-- s c .,, ,_ h p _, Cr'- of San
[n.." 3ran, �sr�p,Tty o e3 a =ate a a _. ° aescnbad as
Juan Caaistrano Orange - --
Lot ' :rant 6169 recorded in Book 244, Pages 19 throuqh
21r inclusive of Miscellaneous Mans of the County Recorder,
County of Orange
'pget wr :pence no,vmer, m n.,.°m mw., aha .p,nprnv n.ron.ra, g...h m am [om..rw pmh Benet..
[ta,_111.l>t p amp, 9.' ...n mr,....n o,oi,n
na F, r.Vha.1 Shom911'. ca plm Ors[ot allM. 1 pYaoveme,_rwTor
naMye,.tl.Rwere,vr.leryWhM Syawe, 7.Npyya a.aaao{
eya.M,xarmaoam�.anE - IT11.'Ifpmn
n01eahNrw
ea ov .1 ... ht. o n.tamN n ql Pavmer de.II,, .a rm.1..oitepe ioamw to
p , .1 111 .1 Wellwm.vceh, apomal m. o, W1.WhW... hatrotm a.m,oo fIr1
"*to be determined by the City Engineer of the City of San Juan Capis-
. trabLGot.7t�.%C FtG&Gjrt}HT.tPr{t,},t{),,,,R,( ,EMENT FOR CONSTRUCTION OF SWIMMING POOL••*
......r, o .rimm aflompll, m. . "o
n h, OIVOptal,h oerworwemenf 1. oa mweatne'.-n
r.. s.. pne am cep N omx Ft. wncn lrvn the coal
or. r er m ra n nc .h n nn .[ru<.ny me ghe.Ol"11 "I1e
x oZ u. em Ben.ncOary li to 11al v, T
v Bmnbc nBm IT Sm
llroarn mTru,mr f-1 appr¢erion or rmer xur not cure or neva any o.1-11 or 1p1xa.1-1.11
Ilmal o Ioat, ar w[.. n - .ng ro .1 11.1.1-11V
To . am
all OfOr, .1
n0 a a. m a W—haps. um, n m,' w[n -,.on I ll -a om°.n m.u'n Bmaricrxv., 1,l may
wv ,ee .01 e.ee.n odor —pees.
in?o p a .n aav, h.lpn nempu Vy at ,.a p
pran[es. [nar°n am hen( with tamt. on v.o 0....M or he pan tn..... m. mpar m pe pant., a hpr nernp. tl To— hwe mo a.-- OI
nT BPml T,11.1 feel m to op ah,et Wein o,,hVVp menBm.1i.,or rrv.ua, v to If. am rv.mwt notel to
n° i
I B en x.[..ry.1 I'll. ml rt.t am momar pponauWprwerleI.,wenOumoha�-
..p.n9a ppm nO tp.1--11.°yc I sol or me rWho or 6 ... riciary or Trperx.p '...1 .,
.uagn.nt of "'1 sopean 1.o. prior 1, wparpr nem am, m hart un° anv wcn°oemee,�p v ma aT e[wrphl employ c oW ata o Why he aper,
mace To o.v im .10m.hc.vv or Trvrtx.ry nfl— pan of e[ p.m.wn n m. amwm WhOmed
or ..I mhe.m° m. phnaahoh -..e Teres, anv ar.mnt
OV me Bamnenr hot 1. at. she maamum I --I,1— tato me 1,mne emmene,nnmm� ammmaw.
0---
n
The% mV ahled 11
m
qn in allq
POW
to Ben v a o, rN.ahe n mommney, .1 nem in Th.,ahe TO—, am with ma vne aMct n aowrowtl hivw
e pl mfor oon Or
P ww'I.Wep
ppll.r .-.me
131 That pva[[alT.vmentor anv wTV—.,mlamp, ary...uop.WOW 8ana12nry om not wane I,, ,,I t ehn.. to hall p mot oa,h. Imam oh.
mes
Of oil
,a0131 wine p 1p. . h. t p, .p or eah[. °n° .l.me R.
m npb tha I,
W,on—III, ta1N[nryµhe , orahpmml..n I., o ahm1 me mh.1Vna os
pl uM ompath, �nB wwea uoI,0l my mwy or ont merlolln grannaem
y anv.mWhom p . Why y 0[ mWn Mhmem or mgrawnwt
u t'N the .n 0,ch"Oof
W., 0. am ,eat hon m T-.
M. [o [ _ mlin Tai ee[o.[. proof of he-fe�rwpl—all Il'al ihaT . crlwo.I,'
rep ,� m�w..i:yxa m.mm°n
m•SeK•rna u n e rwto pMMv g. con e.h.rw..,v me ngh,, opn pny me [onnnp.me of max Tm.u,
or.h pmm,mm[: or a- eatelt 11. wxmmm.r«,m.. m[m:mate:a.,p nrahme.�-. anp Tom" u n I'm o 0[ op. -he pool T... my wm 1.rw.t. e.m.p[nry
t[uree meml mon ° x Bemlq.ery mm oatxmrn.. i m° Pmme lo.h., -.e op. , t [
I What e wdtcmonTh.,x elpraaetl. Tann nt
p vE.laprhnoma If Jl'.."hermnoWh o,�mnatWhe envxt pan. Wwm� m
me h wIt
*IN ALIPAZ STREET RIGHT OFWAY recorded as instrument No. 83-061522
on February 8, 1983. t° ttr,pt
IFIX"[F Is WITICIA 'Emoi
M NBMI !WMT 411PMnIB
^CSG
111 A. RRARCN. Coun Amilo B
Rea,rding tees esenpt sue to
dorernmenr Cade E'li
Docuf.eo Cir.- 'nns ier T::T - Co :.a Due
EXEMPT
C2
Tla-v tnr, aap6 ve:. '.. v-" Tern
C'n Lf 5'r, JUa11
0°.CB
.BONE T.a [IMB q° °BC0I1010'1 J11
DEED OF TRUST WITH ASSIGNMENT OF RENTS
,LONG FORM,
rls DEED Zr 7;aT -,ah this caenoT-first (21st) day of November, 1983 _e ween
Stephen _. 3Puller and Diane Marie Muller, ...�3band and 'wife _s 'ed7.'s3TOR.
26]01 Calle Roberto , San Juan Capistrano, Ca1i`_rrnia 42E-
FIRST AMERICAN TITLE INSURANCE COMPANY. _ ___vo
atn =r t,.a''mo TRUSTEE Bno
the City of San JoanCapistrano, a - `a -tea Seneral Lau, Ci t---------
-------------------------------------------------------
B ed BE'.E['CIARv.
WITNFSSE'H _-- s c .,, ,_ h p _, Cr'- of San
[n.." 3ran, �sr�p,Tty o e3 a =ate a a _. ° aescnbad as
Juan Caaistrano Orange - --
Lot ' :rant 6169 recorded in Book 244, Pages 19 throuqh
21r inclusive of Miscellaneous Mans of the County Recorder,
County of Orange
'pget wr :pence no,vmer, m n.,.°m mw., aha .p,nprnv n.ron.ra, g...h m am [om..rw pmh Benet..
[ta,_111.l>t p amp, 9.' ...n mr,....n o,oi,n
na F, r.Vha.1 Shom911'. ca plm Ors[ot allM. 1 pYaoveme,_rwTor
naMye,.tl.Rwere,vr.leryWhM Syawe, 7.Npyya a.aaao{
eya.M,xarmaoam�.anE - IT11.'Ifpmn
n01eahNrw
ea ov .1 ... ht. o n.tamN n ql Pavmer de.II,, .a rm.1..oitepe ioamw to
p , .1 111 .1 Wellwm.vceh, apomal m. o, W1.WhW... hatrotm a.m,oo fIr1
"*to be determined by the City Engineer of the City of San Juan Capis-
. trabLGot.7t�.%C FtG&Gjrt}HT.tPr{t,},t{),,,,R,( ,EMENT FOR CONSTRUCTION OF SWIMMING POOL••*
......r, o .rimm aflompll, m. . "o
n h, OIVOptal,h oerworwemenf 1. oa mweatne'.-n
r.. s.. pne am cep N omx Ft. wncn lrvn the coal
or. r er m ra n nc .h n nn .[ru<.ny me ghe.Ol"11 "I1e
x oZ u. em Ben.ncOary li to 11al v, T
v Bmnbc nBm IT Sm
llroarn mTru,mr f-1 appr¢erion or rmer xur not cure or neva any o.1-11 or 1p1xa.1-1.11
Ilmal o Ioat, ar w[.. n - .ng ro .1 11.1.1-11V
To . am
all OfOr, .1
n0 a a. m a W—haps. um, n m,' w[n -,.on I ll -a om°.n m.u'n Bmaricrxv., 1,l may
wv ,ee .01 e.ee.n odor —pees.
in?o p a .n aav, h.lpn nempu Vy at ,.a p
pran[es. [nar°n am hen( with tamt. on v.o 0....M or he pan tn..... m. mpar m pe pant., a hpr nernp. tl To— hwe mo a.-- OI
nT BPml T,11.1 feel m to op ah,et Wein o,,hVVp menBm.1i.,or rrv.ua, v to If. am rv.mwt notel to
n° i
I B en x.[..ry.1 I'll. ml rt.t am momar pponauWprwerleI.,wenOumoha�-
..p.n9a ppm nO tp.1--11.°yc I sol or me rWho or 6 ... riciary or Trperx.p '...1 .,
.uagn.nt of "'1 sopean 1.o. prior 1, wparpr nem am, m hart un° anv wcn°oemee,�p v ma aT e[wrphl employ c oW ata o Why he aper,
mace To o.v im .10m.hc.vv or Trvrtx.ry nfl— pan of e[ p.m.wn n m. amwm WhOmed
or ..I mhe.m° m. phnaahoh -..e Teres, anv ar.mnt
OV me Bamnenr hot 1. at. she maamum I --I,1— tato me 1,mne emmene,nnmm� ammmaw.
0---
n
The% mV ahled 11
m
qn in allq
POW
to Ben v a o, rN.ahe n mommney, .1 nem in Th.,ahe TO—, am with ma vne aMct n aowrowtl hivw
e pl mfor oon Or
P ww'I.Wep
ppll.r .-.me
131 That pva[[alT.vmentor anv wTV—.,mlamp, ary...uop.WOW 8ana12nry om not wane I,, ,,I t ehn.. to hall p mot oa,h. Imam oh.
mes
Of oil
,a0131 wine p 1p. . h. t p, .p or eah[. °n° .l.me R.
m npb tha I,
W,on—III, ta1N[nryµhe , orahpmml..n I., o ahm1 me mh.1Vna os
pl uM ompath, �nB wwea uoI,0l my mwy or ont merlolln grannaem
y anv.mWhom p . Why y 0[ mWn Mhmem or mgrawnwt
u t'N the .n 0,ch"Oof
W., 0. am ,eat hon m T-.
M. [o [ _ mlin Tai ee[o.[. proof of he-fe�rwpl—all Il'al ihaT . crlwo.I,'
rep ,� m�w..i:yxa m.mm°n
m•SeK•rna u n e rwto pMMv g. con e.h.rw..,v me ngh,, opn pny me [onnnp.me of max Tm.u,
or.h pmm,mm[: or a- eatelt 11. wxmmm.r«,m.. m[m:mate:a.,p nrahme.�-. anp Tom" u n I'm o 0[ op. -he pool T... my wm 1.rw.t. e.m.p[nry
t[uree meml mon ° x Bemlq.ery mm oatxmrn.. i m° Pmme lo.h., -.e op. , t [
I What e wdtcmonTh.,x elpraaetl. Tann nt
p vE.laprhnoma If Jl'.."hermnoWh o,�mnatWhe envxt pan. Wwm� m
me h wIt
*IN ALIPAZ STREET RIGHT OFWAY recorded as instrument No. 83-061522
on February 8, 1983. t° ttr,pt
0 0
:aISP I.IK, ala•;.airKa.. w; �l:r..K, �;m .�g-n ..Sal I, K, PKllbal.,,
e,n.. [uv m en lnF lnr rwa,e 6.nenn.ry
If. P.n Cion wrm in.", mr• pi. •xU mO erre
,11 uI,,111,..I— T If nruras r —M,
w.in'maruerenrde el rare nate.'• of C.'alf, uM Cl IS. nur,ewn pnq ISPs. ru
•ai Cr , rn — natrc• CI al IS
III e iweo all'.
pnm,'Can Iar � M it el m. urvw stns. c.v.Lu n m or w. T�unx may
111 11 SIN P-Pol Of bad PIPPOPP byb ^p .anef—trm. t. trm. b.Palar m.v..-. al aft.
IV • I tim crura i l6d wtare.
°.°, 1-11' .lora 1 mon Toa ,Fran er Pa mall e.-1-1 rirmP wm..m.ri1-
�rcicllmTurar `e.^.n.�.r, ',.,Stan., me^ir ,,,nnUPSo . n
unT u,trc • M
, T—. Stall iply • no
.aei uMu ma atm, oven, n .mw�t YICorv.p q I— I fl— If tn• CW Steri,
Fal a-
.li na wm.BC anliearyo1.ne aua.un• r nmor+n•pnio oI—t^eeene^as r m . nt.IrwnrP—I. tm. Cv nawm.nt I. —IN, -PatiNaautt�or
♦ Trenee ^ enp nueunn.,. w n. a...lrcr.ry •rV Cwlip.].M rpC m P. Dort. M
coro.^ofm•;Ponry er wniuw-a am e.y.,rvuwuvM^si coot I If ereou venrmeon.1 urm uiwor unary. Cr Tmn.n.,SO Pill.
marc me Trusr.•Crwu..nr,u ^,`t Cam9^o Cwverr.mer.r•i,—rnitnm.nt—, contun m.nm•Cl Cra orrprN irunar,
Tn• wl I a"Ifr.i.ry 0. Marr o. • f Dei rsirxwaf •m'me name •Ste "a KCl ma nrvr Trun.e
lal in.t Fra Oxe .Po ,, ri.ae•.O ,..
P, T'
rma.nelr.ary In —".,aIn,rCtnna noa a.curi neriv+n.muC�ndin St-ri aB.nalc.ry nnun�I�r, R.i.
rvn r r III n ma pen mrnrn n rn r ,npuarnm ,r iu
0.191 to •IT„i to Oetiv mn+rv•t wn•r ,L.aC� •Ste If—I-abI a wq. rgCO a Crw Ci eY I—Tn a.r^Ct PPI tC
Crvrrlpnt ev
tnuwn .,.. —, anv oba Dee, CI Tnat If 1 •^v coo^ Cr CrxairPS wnic^ Truuw, aa^Nicary Cr Tnuw P•II q.Ill -I-
--raC 1,. -_.carr e a _ _ e-, or . ,a :. e- - .. ' . e a e:. -^e m Fele, r. n... a -e m, ear
.race:. re. �..�
"sem-a
_ +�v im✓�� __1 �__ l
�
Step an S. Muller Diane Marie Muller
i
QRANGE-
o-__N4Yember 1;1 1983
S teo9en .;. Muller and Diane Marie Muller
s _ - r.e -. ,-s are
rncFLX
r NApEN: FdFD;S._n5
_ _ _ __ _ MTyn' fir'
- vJ-v:r•Lcn♦
Yv r'rarEll a.; 2;
b, NOT IIE C0.. REv1UES EOR FULI. RECONVEYANCE
�_v __ _ ,_ a n. w... a-_ oma. -• _ • '. e _ -<.. s.c� ea e, e c Jeee .. ..err 5..
De -n...... .•a•rev fall O.ae .I irv,r O. LM Pl.n r.nrrn rr.r wr•r ..IP mrrrr e• CVI..anC re 111• T—It. Iv. arnullarien 1.1.. .� rr ..n...•^r. vrl': p. mad.
faa—
V
• .SCOFT INc Ag"U'ri Br
CITY OF SAN JUAN CAPISTRANO
32600 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
A e.°o ATTN: CITY ENGINEER
SPACE A90VI THIS LINE FOR RECOHOERS USE
SUBORDINATION AORERMEM
NOTICE: ME SL'BO MATION AGREEMENT RESULTS M YOUR SECURITY INTEREST IS THE PROPEIITY
BECOMING SUWECT TO AND OF LOWER PRIORITY THAN THE LIEN OF 9 E OTHER OR LATER SECMTfY
All MENT.
THIS AGREEMENT. ..he rpn 10th day of July In 87 by _
_STEPHEN J. ?CULLER AND DIANE MULl husband_aal wife—_
(( a�ne tared hirer unb
err deea d Imiluo 0rnm r.
<r refee aA OAT ' ane THE CITY OF SAN TAN
CXYIS�'RANO, a California General Law Cit}__ _ _ present owr<r area comer of the wed of Truss
,ria cruse fins hereinafter a<aemN and hernnan<r .signed n, as Beneficiary
WITNESSETH
THAT WHILE, STEPHEN J. MULLER AND DUNE MARIE MULITR, 11UTSband and wife
id eeee0ae A dela of T-t.t rased November 21a_ 19x3 _ _ To _ FIRST AMERICAN TITLE
INSORANCE COMPANY, A CALIFORNIA CORPORATION _ , as I...bo corning
LOT 20 IN TRACT N0. 6169, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK
226, PAGES 19,20 AND 21 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY, CALIFORNIA
In me of S NOT SHOWN mad _ NOVEMBER 21, 1983
_ _ ,n pro, of
THE CITY note
OF SAN JUAN CAPISTRANO, A CALIFORNIA GENERAL. LAW CITY _ _ — Bloch deed
of I xa recorded FEBRUARY 15-1984 �F/o6N LYSTRIIMEMPYase85=05Silfi, offi-Al Records of said
oumy: end
wHEREAs. owvo m: <.ecpma. or rs abom To to—A. a died of vus end time Tp me sum of s—, 345, 000.00
mad - _ _.:n fa.or of _�ICss FLdUg= d1 COIIJOTaT1On —
_, neremafter It, ... 6 A A, "Lender" p.,Able vuh in vee and
upon rhe terms and .ondnions .leccrLed Illerem, which deed of Trust i, to be recorded on„urenrly hamwrlh and
WHEREAS nsondon Tredenr ra oMomme lard loan rhes said deed of mm, last above m ped shall a mber aN
he and r< all times
wa
m tv re a Ischarge "0os the land lrstamin described. stud and superiorn r 10 tn
he Hor Ch -Ah, of rhe
deed of t—I Tint Th... menuoned, and
WHEREAS. Lender n x,l1m, In make sao Than pro, did the deed of vs rme The samealien o charge upon the
those described vml prior and .0 n the hen or charge of The deedof who
u first abo e m srd
mentioned and proed that
Benefinars xdl aRaficalR and a andmonolb,uboramae the Sten or charge of the deed of vuu that above menu0ned to the
lien or charge of the Jura of rant .n Toot of Lender: and
WHEREAS. it a to The m ml lerri of the parties hereto hot Lender make such loan to Oxn<r, and Beneficiary ie yI
That The deed ofv Tne The s shall, xbrn recorded. orded.: ea Its p charge upon said land which n unconditional',
prior and superior to the lien or ch rge of The Jeff of vmr Is, arm,,memmned.
NOW. THEREFORE. T .deuon of themutual benefit, ato the Carlin hereto add other saline a consideration.
the receipt and surFnmn n
eno, of mmn
h.,l uortleratmThc umg Theistic acknowledgedand in order to Induce Lender ro make the loan afore
referred m. it u seems aectared, unaenboa and agreed as (In
t[1 Ta,es.,i deed of TT Tna +std pole in lava. W LFAs and an, spi Or govemwns Not shalt n co1Wr
lionally be am remain at all times a hen o charge an me property therein heartiest, print and superior to the lien orcharge
of Ne deed of vuu fist arosemersoned
r1r That Lender vnam not make ru Iran abase descrmm without this subordination anammT
Th,. b, .nail ^ nom ,rid , atm 2pard m :1, ,u M,dTnvton of m
, ,.meat — . rl. ,,.comms < oen ed _nod
'n t deed ar t,.o .. m,n,�a o rot n rt m< demo at Linter abo., mf<rea
. ,u _ed in,
,or ., „ on., , x .file , rr�o o �oo, or c t tie, m, Ira ,n.
m..c bra . , r, �. ,udmg Intra ted t corers pth n n<,, A 10
decd or Tr ria .hi,l
ort p,a. wenrmarae .momm.dma or me ora o. .n.,e< thnea[ Io another deed ,,, dem
or Tru.I or o .morns. —ang.T,, On mo,Ig,a
SO BORDINATION. RE( Cal DEED OF rRl ST TO DEED OF TRYST TO RECORD.
0
A
Pen<M1aan rleclarn. a,,-, and actna.mE{ee road
aooro all oro of men ,nJ deed of r n fav Of lender arme rlferrcJ
enJ r ,II afire m.I ad"k nal n r LmneJ ro ,,, loan or o.,ow aAre mem, 111—en 1.11, and 1 ender Lrr ne
er.na..emmr m m. vrdcl,, of 1 emen man.
r r lender m maAdng Lanur , norma, 10 taco afire i, order n ono Aal— or dor, .r na. lender
-erre •m m,1 -11 Ih, alrnlmaoon al —1 nn. n.«d. *.e rle " r rr.on, r whom Lew,. J..m -, -,n
rrge,I, and an, aPPl—, onoor of ,nen ormeed, for rarror— other ra o lno.e 11—ded for n .rr,n as 'nem
a, reemen, malnor defeat In, .dlordma , n here, made .n .note or n rnr
, He nalrt and a oaJmonall, o r ., "o,"e, ,m —JUIDm, me L cnarpe of rhe Jeer
fira a n Imnr Of 110 Imo o .la,,r o , 0 land of rhe de,J of o , of Iend,, 'r, • efr'ed
and �ndcar.wnd,ehal ,n uron mJ n n,mermmo of In, r, ., ronaaramenra ,unordrn, o.or, m, rd,
,red a , e Hero I'd -11 1 made and a, von d mr:, ,neon e.,_I: m ,, and alner o lan . e -
mJ o'Jll ah -11,1d ro ur.,1 .doll not n, made or entered into r,d for ,and «Iran[en Iron 11 , u',rr,r c mra �^,hmcm r nJ
,u Fordd., A Land
rJ An endo—menr n„ peen Ot—d uron men ud nr rhe deed Of fi, reed rho wd ...
1-11,or n 1, ahr rmrNmad,-1-1,c) Fe,ad,-1-1,c)ro nae hen Ortna rer
Or .Iar,, of rte deed of rrulr an fa,dr of Lender +eme rerer.,o
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROYISION WHICH ALLOWS THE PERSON ORLL
GATED ON YOUR REAL PROPERTY SECURITY TO ORTAI% A LOAN A PORTON OF WHICH MAY RE EXPENDED
FOR OTHER PI RPOSFS THAN IMPROVEMENT OF THE LAND.
THE CITY OF SAN JUAN CAPISTIGM, A CALIFORNIA
GENERAL LAW CITY
STEPHEN J. ML'LLER
DIANE MULLER
LLL SIGNATI RES MIST RE sCKWWLEIX:ED1
PLEASE NOTE
It is necessary that this document be signed and
acknowledged before a Notary Public.
Please sign your name exactly as it is typewritten.
O CHICAGO TITLE
P-6594
IT IN RECOMMENDED THAT, PRIOR TO FHF F%F('I VON ftF THIS At RORDINATION AGRF.FMFNT. FIIF PARTIFS
CONAI IT WITH THFIN ATIONNFIS WITH RESPECT THERETO,
F.IiJ ra µ'CIA 1F MIRDI\NION FORM Ilk )
0
an
TO: CHICAGO TITLE COMPANY July 10, 1987
825 N. Broadway Escrow #9705
Santa Ana, CA 92701
Attn: Peggy Purcell
I hard you herewith a Subordination Ag�t dated July 10, 1987,
see Exhibit "A" attached, which you may record and to Which NO
consideration is due rte for the use of this doom t.
THE CITY OF SAN JOAN CAPISTRANO, A CALIFORNIA .
GMERAL LAW CITY
CA OF SAN JUAN CAPISTRANO•
32400 Paseo Adelanto
SAN JUAN CAPISTRANO. CA 92675
TO: DATE:
)14ZG Zle!Vy 51- S72� ZSo
Ir"A/IONT C'A 94539
ATTENTION: Njed Jo VCE CAA 7141VI
1. Number of Copies
IMPROVEMENT PLANS
PARCEL OR TRACT MAP
_MISCELLANEOUS DOCUMENTS
SUBJECT: Cor 10 7-,0,9CT �-/F9
PROJECT NUMBER: NIA
DESCRIPTION: 4(�,CIIAIJAI7
COu51XV n AI
ACCEiMNCE CF DEEO
CF TZ[ 5T
STATUS SENT FOR YOUR PLEASE NOTE
PRELIMINARY APPROVAL REVISIONS
REVISED COMMENT ADDITIONS
APPROVED =USE + OMISSIONS
RELEASED FILE CORRECTIONS
Your attention is directed to the following checked notations:
Return print(s) for check and approval
Return original and print(s) when corrected
Other
The attached are sent per your request:
Number of copies: /
Remarks:
Please refer all inquires
concerning this project to:
Copies to:
1)y Ciri CG �
%EO Si,t; o a/ 114 491 3171
Sincerely,
?
ri:wxynil xt,TUku v TO:83-061522 GOVjK�!*ENT CODE SECTION 6103
CITY OF SAN JUAN CAPIST
-Ci'y Clerk's Department
400 Paseo Adelanto
San Juan Capistrano, CA EXIMP7 MARY NO ER, City Clerk
92675 LV C14 San Jr Capi I strano, Californ
AGREEMENT FOR CONSTRUCTION OF SWIMMING
POOL IN ALIPAZ STREET RIGHT OF WAY
u-7
THIS AGREEMENT made and entered into this 1st day of
February 1983, by and between the City of San Juan Capistrano
hereinafter designated as "CITY" and Stephen J. Muller, herein- E
after designated as "OWNER."
W I T N E S S E T H:
WHEREAS, OWNER is the owner of Lot 20, Tract 6169 recorded
in book 244, Pages 19 through 21, inclusive of Miscellaneous Maps
of the County Recorder, County of Orange; and
WHEREAS, CITY is the owner of an easement for slope
purposes which traverses said lot and is necessary for the
northerly extension of Alipaz Street; and
WHEREAS, OWNER desires to construct a swimming pool and
appurtenant improvements on said lot which shall encroach into
CITY'S easement; and
WHEREAS, CITY desires to maintain its ability to exercise
its rights within said easement to construct improvements for
Alipaz Street at no additional expense to CITY caused by said
encroachment.
NOW, THEREFORE, it is mutually agreed by and between CITY
and OWNER as follows:
1. CITY shall grant OWNER a permit to construct said
swimming pool and appurtenant improvements within said slope
easement. The encroachment of improvements into said slope
easement shall not exceed twenty-five feet for the pool only with
appurtenant improvements occupying an additional ten feet.
2. OWNER shall prepare plans for a retaining wall
approved by the City Engineer and CITY'S Building Official to
be installed if required at the time the future Alipaz Street
construction is commenced. OWNER shall bear all costs of
construction of said retaining wall.
3. OWNER shall hold CITY harmless from all claims arising
from OWNER'S construction, use, and maintenance of said swimming
pool and appurtenant equipment; for purposes of this agreement,
said retaining wall shall be considered appurtenant equipment.
OCGONDED IN OFFICI
OF ORANGE CMTV.
-1222 PM FEB 8 '83
vv-V01JCC �-�
4. OWNER shall install retaining wall as required or
make other modification as required, or if it is not technically
feasible to construct said wall, remove said swimming pool and/
or appurtenant equipment upon notice from CITY. OWNER to
install improvements or remove the pool in conjunction with the
construction of Alipaz Street. Notice will only be given to
accommodate construction of Alipaz Street. OWNER shall bear
all costs of such removals.
5. OWNER shall provide a surety acceptable to CITY to
insure OWNER'S obligation to fund said retaining wall or remove
said pool. The amount of said surety shall be determined by CITY
as follows: Construction costs of said retaining wall plus 108
of the construction costs for design and survey, 108 of the
construction cost for contingencies, and 108 of the construction
cost for inflation.
6. CITY shall grant OWNER said permit to construct the
swimming pool and appurtenant improvements upon approval of plans
for said retaining wall, receipt of said acceptable surety and
recordation of this approval.
7. OWNER shall bear all expenses of repair and/or
restoration of damage and/or wear to said swimming pool and
appurtenant equipment caused by CITY'S construction of Alipaz
Street.
B. This agreement shall run with the land and be binding
upon OWNER and OWNER'S heirs, successors, and assigns.
CIT4OF JUAN CAPISTRANO
ATTEST:
oe
. BTJCffMM, MAYOR
MARY ANN V , CITY CLERK
OWNER
APPROVED AS TO FORM:
0, td&�-
+PN LLER
JMES OKAZAKI, CITY MS
-2-
State of California
SS.
Countyof _orange
City of San Juan Capistrano
OFFICIAL SEAL
MARY ANN HANO`rER
L�� ._• NOTARY PUP! IC CAur JAMA k
r ORVIGE CX; TY
NY mmm. ex
pires APR 20, 1994
CORPORATE ACKNOWLEDGMENT FORM 7120052
Attafonf California
County of
Orange
City of San Juan Capistrano
OFFICIAL SEAL
RUTH E MAROUARD
EC
NOTARY P••r.; tr CALIFORNIA
. .-'ns COUNTY
!:Y "'::3. ^spires MIIY 23, 1984
CORPORATE ACKNOWLEDGMENT FORM 7120052
County of
California
Orange I
City of San Juan Capistrano
IAL SEAL
NN HANOVER
(� e c"!�::gtA:ARY
BLIC -CALIFORNIA_. GE COUI4TYxpires APR 20, 1984
On this the l st day of Piwary 19 6 3 before rpo,
Mary Ann Hanover
the undersigned Notary Public, personally appeared
Lawrence F. Buchheim
XX personally known tome
❑ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within Instrument as .
Mayor Mr on behalf of thdcorpoiatigi`t�lerein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal..
NATIONAL NOTARY ASSOCIATION • 23D12 Venture 914. • Woodland Nitta. CA
On this the 2nd day of February 119-9-3, before me,
Ruth E. Marquard
the undersigned Notary Public, personally appeared
Mary Ann Hanover
M personally known tome
❑ proved to me on the basis of satisfactory evidence
to be the person(a) who executed the within instrumen s
City Clerk it.nigiU3a1
SPron behalf of the
named, and acknowledged tome that the corporation executed it.
WITNESS my hand and official seal.
NATIONAL NOTARY ASSOCIATION • 23012 Ventura BIM. • Wood Wtd Hills. CA913S/
On this the 4 tbday of February 19 8 3, before me,
Ann Hanover
the undersigned Notary Public, personally appeared
Stephen J. Muller
❑ personally known tome
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) i s subscribed to the
within instrument, and acknowledged that he executed it.
WITNESS my hand and official seal.
2100 ►wBSO AD/kART IE
SAN JlM1LCA►ISTR"O, CALIFORNIA 12670
4
.yam, �"'"�� j ,• f/
February 9, 1984
Stephen J. Muller
23691 Calle Roberto
San Juan Capistrano, California 92675
Re: Acceptance of Deed of Trust
Dear Mr. Muller:
At their meeting of February 7, 1984, the City Council
for the City of San Juan Capistrano accepted for recording a Deed
of Trust as surety for the Alipaz Street extension. This Deed of
Trust was forwarded to the County Recorder today.
If you have any questions, please don't hesitate to
call.
Very truly yours,
MARY ANNL�OVER, CMC
City Clerk
MAH/mac
CC: Director of Public Works
AGENDA ITEM February 7, 1984
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Acceptance of Deed of Trust - 26391 Calle Roberto,
Lot 20, Tract 6169 (Muller)
SITUATION
On the 1st of February, 1983, the City and Mr. Stephen J. Muller
entered into an agreement to permit construction of a pool into
City easement for the northerly extension of Alipaz Street. The
pool is on Mr. Muller's lot, Lot 20 of Tract 6169. Mr. Muller
was to provide the City with a surety device to insure the
removal of the pool or construction of a retaining wall to
protect the pool at no expense to the City. Mr. Muller has
provided the City with a deed of trust, a copy of which is
enclosed.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATION
The deed of trust shall be used to insure that no expense is
incurred by the City due to the pool in the extension of Alipaz
Street. The deed of trust is preferable to Mr. Muller, and the
process for foreclosure, if necessary, is easier for the City
than that of calling a bond. The deed of trust is mutually
acceptable surety. The amount of the surety is $19,500.
ALTERNATE ACTIONS
1. Accept the deed of trust.
2. Require a bond for surety.
3. Request further information from staff.
RECOMMENDATION
By motion, accept the deed of trust from Mr. Stephen Muller as a
surety for the extension of Alipaz Street and removal or
protection of Mr. Muller's swimming pool as required in an
agreement dated February 1, 1983 between the City and Mr.
Muller and direct the City Clerk to record the document.
Respectfully somitted,
W. D. Murphy
WDM:GML/rem
Encls.
Recording requested by:
Jams B. Okazaki
WREN RECORDED MAIL TO: v., 15
City Clerk
City of San Juan Capistrano)
32600 Paseo Adelanto D'.
Ban Juan Capistrano, Cali(,
0
84-065516 QPM F815'84
IVSD compsy BMMtr-
Recording fees exempt doe to
18 �� Government Code 6103
� DocuaeRLary Transfer Tax - No Tax Due
EXEMPT
C'1Mary Ann H)3sofffr, ity lark
City of Sdh Juan Caistrano, Calif.
nae amoe r tr to arore� r
DEED OF TMST VNMN AfSIONMIig OF EIMR
Mee DE83OFIRUSL—Is this twenty-firsta(21 t)1 day of November, 1993 ,be was, OIl
Stephen J. huller and Diane Marie Muller, Inmebaal and mdfe. Rewetco'e,72UPOR,
wls aissewh 26391 Calle Roberto , San Juan Capiatram,-Ca11/esRfr92675
_ _ M "b I low eek
++• JUSIT �AI MiRiGN TITLE INSURANCE COMPANY; a CWHeme omelbim,heels mad..Tpurm md
.:.k the City of Ban Juan Capistrano, A California 6mmem'4 LAW
'MtlN�it1F. rI Trveb /net In Timmons M D.K .NM Po w o/ Lie. IM paparry M
r10MwCapistrano • - County of _ .�IaN1Fg14mn,Ye. �I�eWe%lu
+*. JCt 2D, Tract 6169 recorded to Book 264. Pupa 19 thm1110- .
. _ 21, Sncluaiw of Mieoallaneona Maps of the Con ty Recsa'deS,. - ..
Cooaty of Orange-
. - .. -:::: �, - - `.. .•Se`"A�'E
BB::..yw"c..'Ti.:.:�-.-." --. ".z.:. N:- •,.iit,:�_ „s ":., .:.:a<'s.--
f
-10Fl�•YN4M T"E MM" COMPAWV.�:
;. a. r..w •. y+ w� r rd. ra r v r r a.w rr war.. er M r'r.ti u r tr. ar
• '.�,q4�.w'�+r r�r.+�.wr.�.r.rwr�ru rw...ws�.r .r w.�w. r..rr,-a/a �.
^�w.►y'jirrarr.w �r r. r.rwlw•w.w r.�wwp�r. r.a - -
.. _:a►- _ - - .mss« ,
O la E C a
W
gm
v xa
8. ACCEPTANCE OF DEED OF _TRUST, LOT 20, TRACT 6169
1(38) As set forth in the report dated February 7, 1984, from the
(85) Director of Public Works, the deed of trust from Mr. Stephen
Muller, as a surety for the extension of Alipaz Street and
removal or protection of Mr. Muller's swimming pool as
required in an agreement dated February 1, 1983, was
accepted and the City Clerk was directed to record the
document.
o/L
C V g t/
0
City of San Juan Capistrano
Attention: Engineering
PROVEN'1111 L"T}'SIN "E1
January 5, 1987
0
Enclosed is a copy of a bond which we need released. Enclosed is
a release form to be filled out signed and returned in the enclosed
envelope as soon as possible. If the form I have sent is not
appropiate, please use one of your own, or contact me immediately.
Thank you for your prompt attention to this matter.
Sincerely,
Sharon Grovom
Bookkeeper
Enclosures
755 WEST GaAND AeE. . ESCONDIDO, CA 92025 . 619/743-2605
4550 KEAxNY VILLA ROAD, UNIT 110 . SAN DIEGO. CA 92123 . 619/560-2935
CONTR I'TOR's LICENSE NUMHER 320760
1021689 • OJOB ADDRESS:
5125.pp
LOCATION
PUBLIC RIGHTS-OF-WAY PERMIT BOND
^l [PJ7 (Various Locations)
KNOW ALL MEN BY THESE PRESENTS, that we, MISSION POOLS OF ESCONDIDO, INC.
of 755 West Grand Ave., Escondido, Ca. 92025
as Principal, and AMWEST SURETY INSURANCE COMPANY as Surety, are held and
firmly bound unto the City of SAN JUAN CAPISTRANO, a Municipal Corporation, State of
California, in the penal sum of TWENTY-FIVE HUNDRED AND NO/100--- --- - - --- ------
---------- ($2,500.00)
of lawtul money of the United States of America, to be
paid to the said City of SAN JUAN CAPISTRANO, for which payment, well and truly to
be made, the principal hereby bind (s) MISSION POOLS OF ESCONDIDO, INC.
HEIRS, EXECUTORS, ADMINISTRATORS,SUCCESSORS, AND ASSIGNS, and the Surety herein
binds itself, its successors and assigns, jointly and severly, firmly by these
presents.
WHEREAS, the above -bounden principal may from time to time perform certain work in
the public rights-of-way of the City of SAN JUAN CAPISTRANO, and is desirous of
securing permits for such work in said City in accordance with the applicable
municipal codes,
NOW THEREFORE, the condition of the above obligation is such that if the said
Principal shall comply with the applicable Municipal Code, then this obligation
shall be void, otherwise to remain in full force and effect;
The effective date of this bond shall be MAY 17, 1982
6
Signed, sealed and dated, this 77th day of N{qy 19 82
BOND NO. 1021689
PREMIUM $125.00
PRINCIPAL: MISSION POOLS OF ESCONDIDO, INC
BY:
BY:
AMWEST SURETYIINS/INCE COMPANY
Attorney-in-fact
* S METY INSURANCE COMPANY •
1400 Sixth Ave Suite 209
San Diego, Ca. 92101
Ph# 233-5893
Bard No.: _ /C -z-
Principal.. Principal:
Cblicjee : elt7� 0
Description: Wlsc _ 4&&Z 6...
*movant: 0�7- 5-n0
AM= SURETY INSURANCE MWANY is Surety on the above bond. We will appreciate
your cooperation in providing the information requested below. Please return
this form to us so that we may have current status information cn the captioned
job. A postage -paid envelope is provided. Thank you for your assistance.
.. 1• • I 1> • •
1. IF 7HE CCN7WT HAS BEEN C0HPIMM:
1. What was the ornpleticn date? _
Date of acceptance
2. What was the final contract price? A,)
Has the full amount beer► paid? f/
3. Was the work satisfactory? IU(/ -t
4. Have all labor and material bills been paid?
II IF DM CWrRMT HAS NOT BEEN COMPMM:
1. What percent of work has been oonpleted to date?
2. 1bta1 amount paid to Contractor to date?
3. What is amount of retainage?
4. Wot is anticipated date of omoleticn?
S. Is the Contractor paying labor and material bills?
6. Is the work progressing satisfactorily?
F 1W4: r� �o AMFESS ij
BY: v-��9�✓/Jrrr1 G�4p. % ��75
February 3, 1983
Stephen Muller
4299 MacArthur
Suite 100
Newport Beach, California 92660
926]5
n
u
Re: Agreement for Construction of Swimmin
Pool - Alipaz Street Gradin Easement
(Lot 20, Tract 6169)
Dear Mr. Muller:
Enclosed is your fully -executed copy of the above
Agreement, which was approved by the City Council on February 1,
1983. The original copy will be forwarded to the Orange County
Recorder and will be returned to the City following recordation.
Very truly yours,
MARY ANN HA R, CMC
City Clerk
MAH/cdc
Enclosure
cc: Director of Public Works
IIti)A3or..a,
0
0
5. AGREEMENT FOR CONSTRUCTION OF SWIMMING POOL - ALIPAZ STREET
GRADING EASEMENT (MULLER)
(38) Written Communications:
Report dated February 1, 1983, from the Director of Public
Works, forwarding an agreement with Stephen J. Muller, 26931
Calle Roberto, to construct a swimming pool within the
Alipaz Street grading easement at the rear of Lot 20, Tract
6169, with the requirement that the pool either be removed
or a retaining wall constructed at such time as Alipaz
Street is extended.
Mr. Murphy advised that with the concurrence of the City
Attorney and the applicant, the following wording had been
inserted in the second line of Section 4, to read as
follows: . . . as required, or if it is not technically
feasible to construct said wall, remove said swimming
pool . . .
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to approve the
"Agreement for Swimming Pool Construction in Alipaz Street
Right -of -Way" with Mr. Stephen J. Muller (Lot 20, Tract
6169) and to authorize the Mayor and City Clerk to execute
the agreement on behalf of the City.
3//43
w
0
AGENDA ITEM
February 1, 1983
0
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Agreement For Construction of Swimming Pool
Alipaz Street Grading Easement (Muller)
SITUATION
Mr. Stephen J. Muller has requested permission to construct a
swimming pool in the Alipaz Street grading easement on the rear
of his property. Mr. Muller owns Lot 20 of Tract 6169. A
northerly extension of Alipaz Street from its present terminus
north of Del Obispo Street will cause extensive grading into
Mr. Muller's yard and the easement. Staff and the Environmental
Review Board have reviewed the situation in detail and have
concluded that all reasonable alternatives will cause this
extensive grading, and special construction techniques will be
necessary if a pool is constructed in the City's grading ease-
ment. A sketch is enclosed.
Staff has prepared an agreement that permits Mr. Muller to
construct the swimming pool, and staff is recommending its
approval. The agreement permits the construction of the pool
but requires that Mr. Muller either remove the pool or construct
a retaining wall at such time as Alipaz Street is extended. A
surety device is required to insure that these actions are
taken. A copy of the agreement is enclosed.
FINANCIAL CONSIDERAT
The provisions of the agreement require that Mr. Muller take the
necessary action to insure that the pool does not create a
financial burden upon the City when Alipaz Street is extended.
No City expenditures are required.
ALTERNATE ACTIONS
1. Approve the agreement.
2. Do not approve the agreement.
3. Require modifications of the agreement.
4. Request more information from staff and hold the matter for
further consideration.
FoR cin, roUNCIL AGENDA
0
Agreement for Construction of
Swimming Pool (Muller)
0
-2- February 1, 1983
RECOMMENDATION
By motion, approve the "Agreement for Swimming Pool Construction
in Alipaz Street Right of Way" with Mr. Stephen J. Muller (Lot 20
Tract 6169) and authorize the Mayor and City Clerk to execute
the document.
Respectfully submitted,
w i\, J� /
W. D. Murp, y
WDM:GML/rem
Encls.
FUTURE EXTENSION OF
ALIPA$ STREET
ULLER PROPT.
B
i�
TYPICAL SECTtON
�PROPOSEC POOL F F;: ?baE '.NdLL
C
`n
ALIPAa 77Rc—r7
SAN
JUAN
SPRING c
26638 28872
m N
M T
HIN
o /a
o /
0
4PENIDVENIDA
>
a