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1996-0806_TAYLOR WOODROW HOMES CALIFORNIA_License Agreement AGENDA ITEM August 6, 1996 TO: George Scarborough, City Manager FROM: Thomas Tomlinson, Planning Director SUBJECT: Rezone 95-01;License agreement for construction of a park within City owned open space adjacent to the northeast border of Area D-2 of the Glendale Federal Planned Community. The project site is located adjacent to tract 13437, approximately one mile southeast of the intersection of La Novia Avenue and Via Entrada (Taylor Woodrow Homes Inc.). RECOMMENDATION By, motion, authorize the Mayor and City Clerk to execute the License Agreement between Taylor- Woodrow Homes Inc. and the City and authorize the City Clerk to forward the agreement to the Orange County Recorder for recordation, subject to the applicant paying$236,200.00 in accordance with the City Council's action of July 16, 1996. SITUATION A. Applicant Consultant Taylor Woodrow Homes, Inc. Hunsacker and Associates Irvine, Inc. Attn: Alfredo Ayuyao Attn: Rick Fitch 24462 Ridge Route Drive Three Hughes Laguna Hills, CA 92653 Irvine, CA 92718 B. Summary and Recommendation-At its meeting of June 6, 1989 the City Council approved the Composite Development Plan for Area D of the Glendale Federal Planned Community. As part of this approval the City Council approved a"land swap"of 3.9 acres of City open space land at the northeast border of tract 13437 for 3.9 acres of land within tract 13437. Staff recommends the City Council authorize the Mayor and City Clerk to execute the attached License Agreement between Taylor-Woodrow Homes Inc. and the City and authorize the City Clerk to forward the agreement to the Orange County Recorder for Recordation(Attachment 1). Background 1. General Plan -The project is designated 1.3 (Medium-low Density Residential) on the General Plan Map, which allows up to 3.5 dwelling units per acre. 2. Zoning -The project site is located within the Planned Development District(CDP- 81-2). FOR CITY COUNCIL AGEN 12 Agenda Item -2- August 6, 1996 3. Environmental Review-This project was reviewed in accordance with the California Environmental Quality Act(1970). On June 6, 1989 the City Council approved the environmental impact report prepared for tentative tract maps 13436 and 13437. 4. Communily Redevelopment Agency - The project is not located within the Community Redevelopment Agency Area. 5. Prior Entitlements-At its meeting of May 9, 1989 the Planning Commission adopted PC Resolution 89-5-9-2, approving CUP 88-17, an open-space subdivision. Open space subdivisions permit a developer to develop single family residential lots of less than 10,000 square feet in area,provided that a park with area equal to one half the cumulative lot area reductions, is provided. Of the 25 lots within Area D-1 and D-2, 157 are less than 10,000 square feet, with a total reduction of 7.8 acres, resulting in a requirement for a 3.9 acre park. At its meeting of June 6, 1989 the City Council adopted Resolutions 89-6-6-5 approving Vesting Tentative Tract Map 13437, and Resolution 89-6-6-7 approving the Composite Development Plan for "Area D" of the Glendale Federal Planned Community, including the aforementioned park facilities. In order to accommodate this park,an arrangement was made between the developer and the City to exchange 3.9 acres of City open space property for 3.9 acres of property within tract 13437. This exchange was described in writing in the City Council staff report of June 6, 1989 and visually in an exhibit accompanying that report. These have been included as Attachments 2 and 3. 6. Commission/Board Review - At its meeting of June 25, 1996 the Planning Commission considered the applicant's proposed revisions to the Composite Development Plan and request to pay fees, in the amount of$236,200.00, in lieu of providing active recreational facilities and forwarded a recommendation of approval to the City Council. This arrangement was subsequently approved on July 16, 1996 by the City Council. D. RWject Description - As described previously, in 1989 the City and the developer of Area D agreed to an exchange of property to facilitate the construction of a private park in Area D. The developer was to provide 3.9 acres of steeply sloping terrain at the northwest portion of tract 13437 and in return the City would provide 3.9 acres of property within the City's open space land adjacent to the northwest border of Area D. This location provides ocean views and ease of access to the City's open space and trail system. E. Issues - Staff has identified potential liability and potential maintenance costs of the land to be donated to the City as the only issue associated with this application. Agenda Item -3- August 6, 1996 F. Staff Analysis- The proposed land swap would provide the City with 3.9 acres of additional open space land,however this land would not provide additional recreational opportunities over those which already exist in the City's open space area, and the additional land would become the City's responsibility with regards to maintenance costs and liability. The required neighborhood park would provide recreational opportunities for nearby residents in the form of landscaped turf areas and a scenic ocean look-out, and would also improve access to the City's open space. Additionally, in accordance with the City Council's action of July 16, 1996, $236,000.00 will be paid to the City to improve recreational facilities outside of this neighborhood for the benefit of all residents of the City. Therefore staff recommends that the City Council approve the proposed license agreement which will provide the developer with the land for the required park, and forego the land swap which would have transferred maintenance costs and liability of 3.9 acres of land with extremely limited utility,to the City. COMMISSIONBOARD REVIEW AND RECOMMENDATIONS None. PUBLIC NOTIFICATION This item does not require a public haring before the City Council. A copy of this staff report and the August 6, 1996 agenda was sent to the applicant. FINANCIAL CONSIDERATION None identified. ALTERNATE ACTIONS 1. Approve the proposed licence agreement subject to the applicant paying$236,200.00 in accordance with the City Council's action of July 16, 1996; or 2. Deny the proposed licence agreement; or 3. Continue this item and direct staffto provide additional information on specific issues. WVO/L'IMI Agenda Item -4- August 6, 1996 RECOMMENDATION By motion, authorize the Mayor and City Clerk to execute the License Agreement between Taylor- Woodrow Homes Inc. and the City and authorize the City Clerk to forward the agreement to the Orange County Recorder for Recordation, subject to the applicant paying$236,200.00 in accordance with the City Council's action of July 16, 1996. Respectfully submitted, Thomas Tomlinson Planning Director C:\OFFICE\WPWIMWPDOCS\AI0806.TAY Attachments: 1. Licence agreement 2. Pages four and five, June 6 1989 City Council Report 3. Land Exchange exhibit,as presented to the City Council,June 6, 1989 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 LICENSE AGREEMENT Assessor' s Parcel No. Lot , Tract THIS LICENSE AGREEMENT ( "License Agreement" ) is made this day of 1996 , by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City" , and TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California corporation, hereinafter referred to as "Property Owner" . RECITALS This License Agreement affects title to and runs with the land with respect to that certain real property located in the City of San Juan Capistrano, County of Orange, more particularly described on Exhibit "A" , attached and incorporated herein by reference (the "Benefited Property" ) . City and Property Owner mutually resolve as follows : 1 . Grant of License . City hereby grants to Property Owner a license to use that portion of the real property owned by the City adjacent to the Benefited Property as more particularly described on Exhibit "B" attached hereto (the "License Area" ) for the purpose of placing and maintaining thereon a trail system, bench seating, drainage facilities, landscaping and irrigation as shown on Exhibit "C" attached hereto (the " Improvements" ) . Placement of the Improvements in the License Area shall be under the direction of the Director of Engineering and Building. 2 . Hold Harmless . Property Owner shall release and shall agree to indemnify and save the City against any and all injuries to and deaths of persons and injuries to property or other interests and all claims , demands, costs, loss, damage, and liability, 1 . 0045721.01 howsoever same may be caused and whatsoever the same may appear, either directly or indirectly made or suffered by Property Owner, their agents, employees and subcontractors while engaged in the installation and maintenance of the Improvements . Property Owner shall maintain in effect a policy of comprehensive general liability or commercial general liability insurance in which the limits of liability shall not be less than One Million Dollars ($1, 000 , 000 . 00) . City shall be named as an additional insured on such policy. The obligations under this Paragraph 2 shall terminate upon the termination of this License Agreement . 3 . Successors In Interest . The License Agreement shall inure to and be binding on the heirs, successors, executors, administrators, and assignees of the Property Owner. 4 . Term. This License Agreement shall continue in full force and effect, unless terminated by mutual agreement of the Property Owner and City. DATED this day of 1996, at San Juan Capistrano . CITY OF SAN JUAN CAPISTRANO By: Mayor TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California corporation By: Its : 2 . 0045721.01 EXHIBIT A LICENSE AGREEMENT Legal Description That portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian. situated in the City of San Juan Capistrano, County of Orange, State of California, per the Official Plat of said land filed in the District Land Office on April 12, 1875, described as follows: Beginning at the southeasterly terminus of that certain course in the boundary of Tract No. 13437, as shown on a map filed in Book 680, Pages 21 through 32, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County, which bears North 66°19'21" West 416.37 feet; thence, along said boundary, North 66°19'21" West 225.00 feet; thence, leaving said boundary, North 59°23'26" East 142.00 feet; thence North 03°16'02" West 215.00 feet; thence North 32°34'35" East 82.08 feet; thence South 79°36'50" East 168.00 feet; thence South 69038'31" East 93.91 feet; thence South 07°11'26" East 479.05 feet; thence South 32°48'29" West 166.81 feet to said boundary of said Tract No. 13437; thence, along said boundary, North 29°10'07" West 47.00 feet; thence, continuing along said boundary, North 37°47'33" West 241.61 feet to the POINT OF BEGINNING. The above described parcel of land contains 3.9 acres, more or less. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. cpQROFESSio� `rvQ�" R.McG,gy F�Lc Z w No.23956 m Exp. 12131/97 z U i^ /jilt e ✓ ( a^^' `r *sl MA S* Tom R. McGannon, R.C.E 23956 Exp. 12/31/97 OFCa.1f Pace I of I H&A Le M 4012 0.'.O. \� 4'.114 February ^. 1455 R, \ Edee Ck'd H Foss EXHIBIT "B" Sketch to Accompany Legal Description S79'36'50 168.00' A� 91 'd, 00 3.9 ACRES 6 14) �p Oma 1� .0 0 C�p Hunsaker & Associates LICENSE AGREEMENT Irvine, Inc. MAP Three Hughes, Irvine, CA 92718 *(714) 583-1010 Planning - Engineering - Surveying CITY OF SAN JUAN CAPISTRANO,COUNTY OF ORANGE STATE OF CALIFORNIA DAM: RE M 2-20-96 1 None 7 V. Edge d H. FossTS7 CALE: 1"=100' W.O. IN 7 42-152 LIX K: \DT\42\119\CALC\LD\13437\4012\EXHIBITB.DWG 42-119 H&A LEGAL No. 4012 1 SHEET 1 OF 1 � ••r CM LU !1111 W V�It �w ~`WA� ` 00 •' ..•����'iit 1� �?7�e•. , .� •^ is • ` .z �� '� 0 . 06 cc cc cc z IN \ •i- _ °`•a•\,•1'10�V(�^���?� tee , • 4 • •'. 1 t\F• 6 �ti • w1i1 r ° �•�; ex'G'.,,t y r W Agenda Item -4- June 6, 1989 Planning Area Unit No. Sq.Ft. Rooms No. of Units Area C - Townhouse 1 1316 3 Bedroom/2 Bath 10 2 1150 2 Bedroom/2-1/2 Bath 36 3 1482 2 Bedroom/Loft/2-1/2 Bath 46 4 1597 2 Bedroom/Loft/2-1/2 Bath 66 5 1728 3 Bedroom/2-1/2 Bath 56 Area C - Flats 1 1245 2 Bedroom/2 Bath 9 2 1372 2 Bedroom/2 Bath 18 3 1564 3 Bedroom/2 Bath 21 4 1637 2 Bedroom/Loft/2 Bath 24 Area D - Product "A" 1 2329 4 Bedroom/3 Bath 21 2 2467 4 Bedroom/3 Bath 26 3 2680 5 Bedroom/3 Bath 37 4 2710 4 Bedroom/3 Bath 60 Area D - Product "B" 1 2875 4 Bedroom/3 Bath 23 2 3145 4 Bedroom/3 Bath 35 3 3410 4 Bedroom/4 Bath 54 TOTAL UNITS 542 Each of the townhouse/flat units will be provided with an enclosed two-car garage, and each of the single-family detached units will have a three-car garage. The architecture is Spanish with stucco siding, concrete tile roofs, and wood trim. The single-family detached units will have tile accents, and brick and stone veneers on Product "B" models. The townhouse/flat models will be located in three- and four-unit buildings and will be one- and two-story. All of the single-family detached units are two- story. The Planning Commission has approved the plans for Area C subject to conditions. 6. Landscaping - Concept plans for Area C indicate the site to be buffered by three golf course fairways (applicant proposes to develop a driving range in the existing golf course which will require the development of three new fairways), and a lake system meandering throughout the development. Preliminary landscaping plans have been prepared for the entryways, golf course edges, lake edges and slopes. 7. Open Space Subdivision - CDP 81-2 provides that Area D may be developed with lots ranging from 5,000 square feet, provided an Open Space Subdivision is processed. A provision of the Open Space Subdivision requirements is that a developed private park shall be provided within the development area, the size of which is to be computed on the basis of one-half the difference between the actual lot size and 10,000 square feet ("area savings"). Computations were made of each lot within Area D. Of the 256 lots, 157 will be less than 10,000 square feet. The total area savings is 7.8 acres, resulting in a private park ATTACHMENT 2 Agenda Item -5- June 6, 1989 Area D and to develop the park with turf, landscaping, benches, exercise (par) couse and playground equipment. A concern of both the Parks and Recreation Commission and the Planning Commission was provision of more active recreational facilities within the private park. A condition of approval is that active facilities be provided and development plans be submitted to both Commission for review and approval. Also, the private park will require an exchange of lands owned by the City - included in the packet is an exhibit showing the private park-site boundaries and areas proposed to be exchanged. 8. Site Development Standards - CDP 81-2 stipulates that single-family detached units be developed in accordance with standards of the RS District (Section 9- 3.424. As noted above, the CDP and Municipal Code provide that the minimum site development standards may be waived under an Open Space Subdivision. The applicant had originally proposed a number of units in Area D with less than the normal front, side and rear setbacks. During the public hearing process, plans were revised which resulted in only eight units which did not meet the normal ten-foot side-yard setback. Those eight lots have been identified in the attached exhibits. 9. Parking - Each of the single-family dwellings is to be provided with a three-car garage. The condominium units (Area C) will each have a two-car enclosed garage, and the applicant proposes 273 visitor parking spaces (.95 space per unit) which will be located in parking bays. CDP 81-2 requires that a .5 visitor space be provided for each unit. Due to parking problems which have been observed in Area F, the applicant was requested to prepare a parking allocation plan for Area C showing guest parking spaces in relationship to units they will eventually serve, and driveways of less than 19-feet deep. There will be 97 units with driveways of less than 19 feet. The Traffic and Transportation Commission, after evaluating the parking allocation plan, recommended that an additional 44 guest parking spaces and/or driveways be lengthened to 19 feet. The Planning Commission was concerned relative to the impact on the lakes if the Traffic and Transportation Commission recommendation was followed. To resolve the issue, the Planning Commission included a condition requiring the applicant to submit a revised parking plan for Area C which will maintain the lake area. The plan is to be approved by the Planning Commission prior to final tract map approval. Recreational vehicle parking has been provided in accordance with provisions of CDP 81-2 - two RV parking areas serve the entire Glenfed development. The Municipal Code requires that one recreational vehicle space be provided for every seven dwelling units on lots less than 10,000 square feet. The Glenfed PC will ultimately have 1,157 units on less than 10,000 square-foot lots requiring 166 RV spaces. The applicant has stipulated that a total 192 spaces will be provided in the two RV parking areas: 107 spaces in the lot adjacent to Area C, and 85 spaces in the lot adjacent to Area F. OPEN SPACE AREA TO HOMEOWNERS ASSOC.- 3.9 AC. gz� 9A, V., LEGEND OPEN SPACE AREA TO CITY - 3-9 AC. owl EXHIBIT PROPOSED AREA EXCHANGE ATTACHMENT 3 RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Recorded in Official Records, County of Orange Margaret R. Monahan, City Clerk Tom Daly, Clerk-Recorder City of San Juan Capistrano II��II��IVII��III��IV�IIIII�VIII��III��IIII��I�II�UII�II�VIII��IliINO FEE 32400 Paseo , 2003000722007 08:17am 06/20/03 San Juan Capistrano, CA 92675 213 96 Al2 8 Exempt from Recording Fees: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Benefits/Requested by: City of San Juan Capistrano This Space for Recorder's Use Only Title of Document: LICENSE AGREEMENT Assessor's Parcel no. Portion AP 124-014-60 THIS PAGE IS THE COVER PAGE FOR ALL CITY RECORDED DOCUMENTS Exempt from Recording Fees pursuant .to Gov't Code 6103 Project benefits public Cheryl Johnson, City Clerk City of San Juan Capistrano RECORDINQ REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 LICENSE AGREEMFM Assessor' s Parcel No. Portion AP 124-014-60 �j-THIS LICENSE AG EEMENT ( "License Agreement" ) is made this day of , 1996, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City" , and TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California corporation, hereinafter referred to as "Property Owner" . RECITALS This License Agreement affects title to and runs with the land with respect to that certain real property located in the City of San Juan Capistrano, County of Orange, more particularly described on Exhibit "A" , attached and incorporated herein by reference (the "Benefited Property" ) . City and Property Owner mutually resolve as follows : 1 . Grant of License . City hereby grants to Property Owner a license to use that portion of the real property owned by the City adjacent to the Benefited Property as more particularly described on Exhibit "B" attached hereto (the "License Area" ) for the purpose of placing and maintaining thereon a trail system, bench seating, drainage facilities, landscaping and irrigation as shown on Exhibit "C" attached hereto (the "Improvements" ) . Placement of the Improvements in the License Area shall be under the direction of the Director of Engineering and Building. 2 . Hold Harmless . Property Owner shall release and shall agree to indemnify, defend and save the City against any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, 1 . 0045721.01 howsoever same may be caused and whatsoever the same may appear, either directly or indirectly made or suffered by Property Owner, their agents, employees and subcontractors while engaged in the installation and maintenance of the Improvements . Property Owner shall maintain in effect a policy of comprehensive general liability or commercial general liability insurance in which the limits of liability shall not be less than One Million Dollars ($1, 000, 000 . 00) . City shall be named as an additional insured on such policy. The obligations under this Paragraph 2 shall terminate upon the termination of this License Agreement . 3 . SuccQssQrs Tn TnYa -L- The License Agreement shall inure to and be binding on the heirs, successors, executors, administrators, and assignees of the Property Owner. 4 . Term. This License Agreement shall continue in full force and effect, unless terminated by mutual agreement of the Property Owner and City. �� DATED this / day of U 1996, at San Juan Capistrano. CITY OF SAN JUAN CAPISTRANO ATTEST By: MaycqWyatt Har City Cler TAYLOR WOODROW HOMES CALIFORNIA APPR ED AS TO FORM LIMITED, a California corporation Ri hard Denhalter, City Attorney By: A—I'l Its : go LA IA4L#*&%01f 2 . 0045721.01 EXHIBIT A LICENSE AGREEMENT Legal Description That portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian, situated in the City of San Juan Capistrano, County of Orange, State of California, per the Official Plat of said land filed in the District Land Office on April 12, 1875, described as follows: Beginning at the southeasterly terminus of that certain course in the boundary of Tract No. 13437, as shown on a map filed in Book 680, Pages 21 through 32, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County, which bears North 66°19'21" West 416.37 feet; thence, along said boundary, North 66°19'21" West 225.00 feet; thence, leaving said boundary, North 59°23'26" East 142.00 feet; thence North 03°16'02" West 215.00 feet; thence North 32°34'35" East 82.08 feet; thence South 79°36'50" East 168.00 feet; thence South 69°38'31" East 93.91 feet; thence South 07°11'26" East 479.05 feet; thence South 32°48'29" West 166.81 feet to said boundary of said Tract No. 13437; thence, along said boundary, North 29°10'07" West 47.00 feet; thence, continuing along said boundary, North 37°47'33" West 241.61 feet to the POINT OF BEGINNING. The above described parcel of land contains 3.9 acres, more or less. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. tov OFESSIn \ �Q�" R.McGgN"Ytioyi z No.23956 12/31/97 Tom R. McGannon, R.C.E 23956 Exp. 12/31/97 OF CAL* Page 1 of 1 H&A Legal No.4012 W.O. No,42-119 February 22, 1996 By:V.Edge Ck'd'.H. Foss EXHIBIT "B" Sketch to Accompany Legal Description S79'36'50' 168.00, � S9g3g3j.97, CD 3: O 160 .00 3 3.9 ACRES 6-1 ....... % X P.O.B. 'x Ir Aja�tf Hunsaker & Associates LICENSE AGREEMENT Irvine, Inc. MAP Three Hughes, lmi� , CA 92718 -(714)583-1010 Planning - Engineering - Surveying CITY OF SAN JUAN CAPISTRANO,COUNTY OF ORANGE,STATE OF CALIFORNIA DAM 2-20-96 1 ',EAi None 's, V. Edge 8"y" H. Foss SCALE: 1"=100' 7 W.O. 42�-152 42-119 HSA LEGAL No. 4012 1 K: \DT\42\119\CALC\LD\13437\4012\EXHIBITB.DWG SHEET 1 OF 1 •�,.,'i. ��a ��'��•►:'; .`U AM NA� p F. �� ta�� •"y0a\\ i.i' III • `w. �`�\;:•*�O�v�6�Tt�� L � •� ter.�� i: • .� 04 all ♦,`ode`81e\`.�"�L►..at�eR�': •�e\� ,C � •�+ 3� `lig ����� ,� iI. � tR����l,�• n �- t, Al � � AM E RIC A�' } STATE OF CALIFORNIA �� v }ss. COUNTY OF (/ '-C t On U I Z ! l I before me, U li personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the persons) or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signatur V T \v Kz) 11NCJ1.•M.SMITH COMM10573n Aft W Pi-000011111ft ORANGE COLWN ss MYCam�E#MAPRa0.199v (This area for official notarial seal) Title of Document Z_/ lc£S Se /g��'tPpl�ir Date of Document'? �4'/!- No. of Pages Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On Aueust 6. 1996 , before me, Cheryl Johnson City Clerk, personally appeared - - -Wyatt Hart - - - personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) WITNESS my hand and official seal. City Clerk OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer License Agreement. AP 124-014-60 (Park Mayor Improvements/Tater Woodrow) Title Title or Type of Document Signer is Representing Five Number of Pages City of San Juan Capistrano Aumst 6. 1996 Date of Document Taylor Woodrow Signer(s)Other Than Named Above Jam► �, 32400 PASEO ADELANTO /V� IH111111111 SAN JUAN CAPISTRANO, CA 92675 • (tlllllSl[I 1961 MEMBERS OF THE CITY COUNCIL (949) 493-1171 1776 DANE SATHGATE (949) 493-1053 (FAX) JOHN S.GELFF 1v1o1r.sanjuancaprslrano.org WYATT HART • � JOESOTO DAVID M.SWERDLIN CRY MANAGER June 12, 2003 GEORGESCARBOROUGH Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: License Agreement: Portion of SP 124-014-60 The noted document is enclosed for recordation: When placed of record, please return the recorded documents to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self- addressed envelope at your earliest convenience. Thank you for your assistance. Very truly yours Ma ga t R. Monahan Cit lerk Cc: Tony Foster, Engineering Assistant Dawn Schanderl, Deputy City Clerk DRUG USE s San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO IAUBAIAllA SAN JUAN CAPISTRANO, CA 9267$ {SIAl113A11 I 1961 MEMBERS OF THE CITY COUNCIL (949) 493_1171 1776 DIANE L BATHGATE (949) 493-1053 (FAX) JOHN S.GELFF 1V 1V HS Sapf[(R1tCQfJ fS IYRpO.Org MATT HART • • JOE 5070 DAVID M.SWERDLIN CITY MANAGER June 12, 2003 GEORGESCARBOROUGH Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: License Agreement: Portion of SP 124-014-60 The noted document is enclosed for recordation: When placed of record, please return the recorded documents to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self- addressed envelope at your earliest convenience. Thank you for your assistance. Very truly yours ( ^ Ma ga t R. Monahan Cit lerk Cc: Tony Foster, Engineering Assistant ,Jlawn Schanderl, Deputy City Clerk onuc use San Juan Capistrano: Preserving the Past to Enhance the Future RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Benefits/Requested by: City of San Juan Capistrano This Space for Recorder's Use Only Title of Document: LICENSE AGREEMENT Assessor's Parcel no. Portion AP 124-014-60 THIS PAGE IS THE COVER PAGE FOR ALL CITY RECORDED DOCUMENTS , Exempt from Recording Fees pursuant to Gov't Code 6103 Project benefits public Cheryl Johnson, City Clerk City of San Juan Capistrano RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 LICENSE AGREEMENT Assessor' s Parcel No. Portion AP 124-014-60 )) __�,h,THIS LIC NSE AG�EEMENT ( "License Agreement") is made this day of , 1996 , by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City" , and TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California corporation, hereinafter referred to as "Property Owner" . RECITALS This License Agreement affects title to and runs with the land with respect to that certain real property located in the City of San Juan Capistrano, County of Orange, more particularly described on Exhibit "A" , attached and incorporated herein by reference (the "Benefited Property") . City and Property Owner mutually resolve as follows : 1 . Grant of License . City hereby grants to Property Owner a license to use that portion of the real property owned by the City adjacent to the Benefited Property as more particularly described on Exhibit "B" attached hereto (the "License Area") for the purpose of placing and maintaining thereon a trail system, bench seating, drainage facilities, landscaping and irrigation as shown on Exhibit "C" attached hereto (the "Improvements" ) . Placement of the Improvements in the License Area shall be under the direction of the Director of Engineering and Building. 2 . Hold Harmless . Property Owner shall release and shall agree to indemnify, defend and save the City against any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, 1 . 0045721.01 howsoever same may be caused and whatsoever the same may appear, either directly or indirectly made or suffered by Property Owner, their agents, employees and subcontractors while engaged in the installation and maintenance of the Improvements . Property Owner shall maintain in effect a policy of comprehensive general liability or commercial general liability insurance in which the limits of liability shall not be less than One Million Dollars ($1, 000, 000 . 00) . City shall be named as an additional insured on such policy. The obligations under this Paragraph 2 shall terminate upon the termination of this License Agreement . 3 . Successors In Interest . The License Agreement shall inure to and be binding on the heirs, successors, executors, administrators, and assignees of the Property Owner. 4 . Term. This License Agreement shall continue in full force and effect, unless terminated by mutual agreement of the Property Owner and City. DATED this day of 1996, at San Juan Capistrano. CITY OF SAN JUAN CAPISTRANO ATTEST By: (A / Maya Wyatt Hart City ClerV 61 TAYLOR WOODROW HOMES CALIFORNIA APPR VED AS TO FORM ..� LIMITED, a California corporation "Deiihalteir,'.—CiTy A110rne By: I VA-1 A Its : -earn 11449,106ftwr z . 0045721.01 EXHIBIT A LICENSE AGREEMENT Legal Description That portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian, situated in the City of San Juan Capistrano, County of Orange, State of California, per the Official Plat of said land filed in the District Land Office on April 12, 1875, described as follows: Beginning at the southeasterly terminus of that certain course in the boundary of Tract No. 13437, as shown on a map filed in Book 680, Pages 21 through 32, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County, which bears North 66°19'21" West 416.37 feet; thence, along said boundary, North 66°19'21" West 225.00 feet; thence, leaving said boundary, North 59°23'26" East 142.00 feet; thence North 03°16'02" West 215.00 feet; thence North 32°34'35" East 82.08 feet; thence South 79036'50" East 168.00 feet; thence South 69°38'31" East 93.91 feet; thence South 07°11'26" East 479.05 feet; thence South 32°48'29" West 166.81 feet to said boundary of said Tract No. 13437; thence, along said boundary, North 29°10'07" West 47.00 feet; thence, continuing along said boundary, North 37°47'33" West 241.61 feet to the POINT OF BEGINNING. The above described parcel of land contains 3.9 acres, more or less. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. QROFESS/py, HQ`s➢ R.McGgl Py w No.23956 m Exp. 12/31/97 Tom R. McGannon, R.C.E 23956 Exp. 12/31/97 q�OFOAL& Page 1 of I H&A Legal No.4012 W.O.No.42-119 February 22, 1996 By:V.Edge Ck'd:H. Foss EXHIBIT "B" Sketch to Accompany Legal Description S79'36'50"E 68 .00, 9* b 9 91, 'E o 'uD 16000. 3.9 ACRES 6 'a, Q.). P.O.B. V 0 6 6 41 .0 0!1*0 Hunsaker & Associates LICENSE AGREEMENT Irvine, Inc. MAP Three Hughes, Irvine, CA 92718 *(714) 583-1010 Planning - Engineering - Surveying CITY OF SAN JUAN CAPISTRANO,COUNTY OF ORANGE,STATE OF CALIFORNIA DATE: None 'e2-20-96 RwDKr V. Edge K'd H. Foss I SCALE: 1"=100' W.O. 42-152 1 � -BCy �llg\CALC\LD\13437\4012\EXHIBITB.DWG 42-119 H&A LEGAL No. 4012 SHEET 1 OF I t.04Wi �.•j 7q: Z SSA\ !„moo�..�.....r.:_��.:'�•� .. 0 7.��',1��MY� '"�•�y ski � ,�. .i�.�y '��li�W �' ♦rid e�G �S ' �! wn G AMEBIC 0 0 } STATE OF CALIFORNIA /� v }ss. COUNTY OF On U I -Z 1 I_ 1before me, U✓LJA S*AAt' personally appeared Q. . M'16/l,,0.ek V.)f tXV!Ay— , personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatur LINDA M.SIM t ' COMM.i 1067323 +'G OIEMnE COIJPUY Mr Cortlm.GpiMAPR30.li9fr (This area for official notarial seal) Title of Document Z-/ C ev1Se /���'fPw1 U� Date of Document -7 ZI Z'5' C, No. of Pages Other signatures not acknowledged 3008(1/94) (General) First American Title Insurance Company PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On August 6. 1996 , before me, Cheryl Johnson City Clerk, personally appeared - - -Wyatt Hart - - - personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) WITNESS my hand and official seal. City Clerk OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer License Agreement, AP 124-014-60 (Park Mayor Improvements/Taylor Woodrow) Title Title or Type of Document Signer is Representing Five Number of Pages City of San Juan Capistrano August 6. 1996 Date of Document Taylor Woodrow Signer(s)Other Than Named Above MEMORANDUM May 3, 2003 TO: Meg Monahan, City Clerk FROM: R. Anthony Foster, Engineering Assistant SUBJECT: Park Fee Per License Agreement, Tracts 13437 & 13865 (Taylor Woodrow, Area D) I have received the $236,000 due from Taylor Woodrow as required by the attached License Agreement. The original Agreement, which you have, can now be sent to the County Recorder. Upon receipt, please forward a recorded copy to me and to Taylor Woodrow, c/o Karen Mosich, 15 Cushing, Irvine, CA 92618-4220. RAF Attachments cc: Bill Huber Jill Thomas Tom Tomlinson Al King Cindy Russell Dawn Schanderl mem2meg rage , 'AYLOR WOODROW HOMES, INC. Check Total Check No. 10246290 $236,000.00 Check Date May 30,2003 INVOICE DATE DESCRIPTION GROSS ADJUSTS NET AMOUNT AMOUNT 53003 05/30/03 02-49000-sj200 236000.00 0.00 236000.00 53003 sj200 San Juan C2 Please DeUch Before Presenting for Payment ♦ i i i - s TAYLOR WOODROW HOMES, INC. WELLS FARGO BANK 11.24 Check No. 15 CUSHING ORANGE W MACARTHUR BLVD AIRPORT BRANCH 1210 10246290 IRVINE,CA 92618-4220 NEWPORT REACH,CA 92660 (949)341-1200 May 30, 2003 PAY * * * goo rwo MNEE s x .Ro EERG.0 CT. $236,000.00 To City Of San Juan The Order Capistrano Of 32400 Paseo Adelanto San Juan Cape, CA 92675 s R I'm i0 2 4 6 29011, 1: 1 2 1000 2481: 4 159 198270,18 218 The following item was removed from the Consent Calendar and considered separately at the request of staff. ( Z APPROVAL OF LICENSE AGREEMENT FOR CONSTRUCTION OF A PARK WITHIN CITY-OWNED OPEN SPACE LAND LOCATED ADJACENT TO TRACT 13437 (TAYLOR WOODROW HOMES INC )(600,30) Written Communications: (1) Report dated August 6, 1996, from the Planning Director, recommending that the proposed License Agreement between the City and Taylor Woodrow Homes, Inc: be approved for the construction of a park within 3.9 acres of City-owned Open Space land located adjacent to the northeast border of Tract 13437, Area D-2 of the Glendale Federal Planned Community. (2) Memorandum dated August 6, 1996, from the Planning Director, recommending a minor word change in the proposed License Agreement. Approval of License Agreement: It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously carried that the License Agreement between the City and Taylor Woodrow Homes, Inc. be approved, subject to the addition of the word "defend" in the first sentence of the first paragraph of Section 2, "Hold Harmless". The Mayor was authorized to execute the License Agreement on behalf of the City, and the City Clerk was directed to forward the License Agreement to the County Recorder, subject to Taylor Woodrow Homes, Inc. paying $236,200 in park in-lieu fees to the City, in accordance with the City Council's action of July 16, 1996. Council Member Campbell suggested that the park in-lieu fees to be paid by the applicant be earmarked for the Community Center fund. PUBLIC HEARINGS 1. AUTHORIZATION TO ASSESS CHARGES 1996-97 - LANDSCAPE MAINTENANCE DISTRICT NO 1 (CAPISTRANO ROYALE) TRACTS 9284 (SEAVIE 9373/7654 (_,LOS CORRALES)7673 (MISSION WOODS) AND 8485 )vIISSION SPRINGS) (345.20) Proposal: Consideration of proposed annual assessments for the City Landscape Maintenance Districts. Written Communications: (1) Report dated August 6, 1996, from the Director of Public Lands and Facilities, recommending that the Landscape Maintenance Districts for Tracts 9284, 9382, 9373/7654, 7673, and 8485 and Capistrano Royale be assessed for landscape maintenance services performed by the City. The Report further noted an error had been discovered in the calculation of the maintenance costs and set forth the corrected budgets and reserve fund balances. Staff recommended that the increases be taken from individual district reserve funds; those districts with decreased costs would see an increase in their reserve funds. City Co it Mnuta -5- 916196 JVn MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART Ix(RwMIIx GILMNES 1IRxU 1961 CAROLYN NASH /1776 DAVID SWERDLIN CRV MANAGER GEORGE SCARBOROUGH 1996 Clerk-Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 Re: License Agreement - Park Improvements Gentlemen: The following document is enclosed for recordation: License Agreement for AP 124-014-60 - Taylor Woodrow We are requesting exemption from recording fees because project will benefit the public. When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Cheryl Johnson City Clerk Document Number Enclosure Date 32400- PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 Exempt from Recording Fees pursuant to Gov't Code 6103 -Project benefits public Cheryl Johnson, City Clerk City of San Juan Capistrano RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 LICENSE AGREEMENT Assessor' s Parcel No. Portion AP 124-014-60 THIS LIC NSE AG EEMENT ("License Agreement" ) is made this UP day of , 1996, by and between the CITY OF SAN JUAN CAPISTRANO,-J hereinafter referred to as "City" , and TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California corporation, hereinafter referred to as "Property Owner" . RECITALS This License Agreement affects title to and runs with the land with respect to that certain real property located in the City of San Juan Capistrano, County of Orange, more particularly described on Exhibit "A" , attached and incorporated herein by reference (the "Benefited Property" ) . City and Property Owner mutually resolve as follows : 1. Grant of License. City hereby grants to Property Owner a license to use that portion of the real property owned by the City adjacent to the Benefited Property as more particularly described on Exhibit "B" attached hereto (the "License Area" ) for the purpose Of placing and maintaining thereon a trail system, bench seating, drainage facilities, landscaping and irrigation as shown on Exhibit "C" attached hereto (the "Improvements") . Placement of the Improvements in the License Area shall be under the direction of the Director of Engineering and Building. 2 . Hold Harmless . Property Owner shall release and shall agree to indemnify, defend and save the City against any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, 1. 0045721.01 howsoever same may be caused and whatsoever the same may appear, either directly or indirectly made or suffered by Property Owner, their agents, employees and subcontractors while engaged in the installation and maintenance of the Improvements . Property Owner shall maintain in effect a policy of comprehensive general liability or commercial general liability insurance in which the limits of liability shall not be less than One Million Dollars ($1, 000, 000 . 00) . City shall be named as an additional insured on such policy. The obligations under this Paragraph 2 shall terminate upon the termination of this License Agreement . 3 . Successors In Interest . The License Agreement shall inure to and be binding on the heirs, successors, executors, administrators, and assignees of the Property Owner. 4 . Term. This License Agreement shall continue in full force and effect, unless terminated by mutual agreement of the Property Owner and City. DATED this ( day of a 1996, at San Juan Capistrano. CITY OF SAN JUAN CAPISTRANO ATTEST By May Wyatt Har City Cler] TAYLOR WOODROW HOMES CALIFORNIA APPR D AS TO FORM LIMITED, a California corporation hard Denhalter City Attorne By: d ga- Its -41 t,G 1/A.fiGl0fNT 2 . 0045721.01 EXHIBIT A LICENSE AGREEMENT Legal Description That portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian, situated in the City of San Juan Capistrano, County of Orange, State of California, per the Official Plat of said land filed in the District Land Office on April 12, 1875, described as follows: Beginning at the southeasterly terminus of that certain course in the boundary of Tract No. 13437, as shown on a map filed in Book 680, Pages 21 through 32, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County, which bears North 66°19'21" West 416.37 feet; thence, along said boundary, North 66°19'21" West 225.00 feet; thence, leaving said boundary, North 59023'26" East 142.00 feet; thence North 03°16'02" West 215.00 feet; thence North 3234'35" East 82.08 feet; thence South 79036'50" East 168.00 feet; thence South 69°38'31" East 93.91 feet; thence South 07011'26" East 479.05 feet; thence South 32°48'29" West 166.81 feet to said boundary of said Tract No. 13437; thence, along said boundary, North 2910'07" West 47.00 feet; thence, continuing along said boundary, North 37047'33" West 241.61 feet to the POINT OF BEGINNING. The above described parcel of land contains 3.9 acres, more or less. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. QILOFESS�p m � * TNo.23956 Exp. 12/31/9 7 PZ . aa..-- VCL �1 Tom R. McGannon, R.C.E 23956 Exp. 12/31/97 q�oFCA11F page 1 of 1 H R A Legal No.0012 W.O.No.42-119 Febnwy 22, 19% By:V.Edge ., U'd:H.Foss EXHIBIT "B" Sketch to Accompany Legal Description 579'36'50"E168.00, ti`s'ti .97, 4; T. 160 .00 34.3.;,,_ ry6E 3.9 ACRES 6*1 D, .)a P.O.B. 40 IDSSJR A \z .0 AwM Hunsalcer & Associates LICENSE AGREEMENT NUM- Irvine, Inc. MMLbXM Three Huyhe; Irvine, r4 92718 ,(714)583-1010 MAP RMP Planning - Engineering - Surveying CITY OF SAN JUAN CAPISTRANO,COUNTY OF ORANGE.STATE OF CALIFORNIA DAM DM 2-20-96 1 :% None I ST. V. Edge B'F" H. Foss SCALE 1-=100' �.O.�42-162 K\DT\42\119\CALC\LD\13437\4012\EXHIBITB.DWG L� IN 42-119 H&A LEGAL No. 4012 1 SHEET 1 OF 1 ,'+.,,, l0^�•�,� �.(��'^t(�,.Z'T`.o.� '' „ 'ems.,- r r .. ✓�C �� } �v v t�� r AM E RICA 0 } STATE OF CALIFORNIA /�lP }ss. COUNTY OF (/ K On U I 1 I 1 before me, ��✓l� \A ��►"` personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatur uNnA K SMM s .. + ppMa.s to673v ORANGECOM 3 `4 NotaY Rblc—Cdltaria • MVCpnn.6yY«APRJ0.199'I (This area for official notarial seal) Title of Document Z_ e 1Se /I rrP�1 Date of Document` Z-�p <- No. of Pages Other signatures not acknowledged . . - - 3008(1/94) (General) PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On August 6. 1996 before me, Cheryl Johnson City Clerk, personally appeared - --Wyatt Hart- - - personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that 5� by his signature on the instrument the person, or the entity r):'• . upon behalf of which the person acted, executed the 1 instrument. WITNESS my hand and official seal. City Clerk OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer License Agreement. AP 124-014-60 (Park Mayor Imorovements/Taylor Woodrow) Title Title or Type of Document Signer is Representing Five City of San Juan Capistrano Number of Pages August 6 1996 Date of Document julor Woodrow Signer(s)Other Than Named Above AGENDA CITY OF SAN JUAN CAPISTRANO August 6, 1996 Note: Agenda publicly posted on July 30, 1996. ACTION AGENDA A. ORGANIZATION 1. CALL TO ORDER- 7:00 P.M. 7:03 p.m. 2. ROLL CALL OF CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD OF DIRECTORS: Collene Campbell, Wyatt Hart, Gil Jones, All present Carolyn Nash and David M. Swerdlin 3. PLEDGE OF ALLEGIANCE- INVOCATION Pastor Raul Nunez, The Life Church 4. MOTION TO READ BY TITLE ONLY C, J 5-0 B. INTRODUCTIONS. PRESENTATIONS AND DONATIONS 1. Introduction of Commissioners Present at Meeting J. Greiner & T. Neely, PC; P. Leonard, (110.10) PR&E; B. Hardy, CHC; Al Simmons & Tom Facon. 2. Acknowledgement of Donations (150.10) None C. ORAL COMMUNICATIONS - CITY COUNCIL AND None REDEVELOPMENT AGENCY BOARD OF DIRECTORS Persons wishing to speak on any item listed on the Agenda other than the Public Hearings should complete the "Request to Speak" form available at the rear of the Chamber and give the form to the City Clerk. Your comments are limited to 3 minutes. CITY COUNCIL AGENDA CITY OF SAN JUAN CAPISTRANO August 6, 1996 Page 2 D. CONSENT CALENDAR J, S 5-0, except #12 Items listed on the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, that item may be removed from the Consent Calendar and will be considered separately. 1. Approval of City Council Minutes -Regular Meeting Approved as submitted; N abstain of July 2, 1996 2. Receive and File Warrants of July 17, 1996 (300.30) Received and filed 3. Receive and File Cash Balances by Fund for June, Received and filed 1996 (330.50) 4. City Treasurer's Report of Investments as of June 30, Received and filed 1996 (350.30) 5. Approval of Plans, Specifications and Authorize the Plans, specs and call for bids approved; C. City Manager to Award the Construction Contract for Mgr authorized to act as approving Freeway Soundwalls (600.30) authority for award of contract. 6. Resolution Setting the Open Space General Obligation Res #1 adopted setting tax rate of Bond Property Tax Rate for Fiscal Year 1996-1997 $0.0771 per $100 of assessed valuation (390.80) for forwarding to Auditor/Controller 7. Consideration of Conversion of a "Restricted Parking Res #2 adopted approving conversion to Zone" to a "Passenger Loading Zone" - Ortega Passenger Loading Zone Highway at Mission San Juan Capistrano (570.30) 8. Follow-up of All-Way Stop Sign Installations and Res#3 adopted approving "All-Way" stop Considerations on Calle Arroyo Between Sundance on Calle Arroyo at Paseo Esteban& Via Drive and Avenida Siega (590.50) Sonora;Res 94 adopted establishing "No Parking" zone on north side of Arroyo from Via Cordova east 100 feet & from Paseo Duran east 50 feet. 9. Consideration of Resolution Expressing Support for a Res#5 adopted supporting Center which South Orange County Permit Assistance Center provides single point of contact for (410.10) projects requiring multiple permits or regulatory assistance. CITY COUNCIL AGENDA CITY OF SAN JUAN CAPISTRANO August 6, 1996 Page 3 10. Consideration of Amendment to Agreement for Amendment providing crossing guards for Crossing Guard Services with All City Management all 3 elementary schools approved for FY Services, Inc. (600.30) 96-97 @ $30,564. 11. Consideration of Amendments to the Vendor Parking Res #6 adopted to reflect negotiated Resolution (570.30/585.10) vendor parking times & modifications requested by residents; previous reso rescinded 12. Consideration of License Agreement for Construction License Agreement approved, with added of a Park Within City-Owned Open Space Located wording requested by C. Atty, to place �—, Adjacent to Tract 13437 (Taylor-Woodrow Homes, and maintain trail system, bench seating, Inc.) (600.30) drainage facilities, landscaping & irrigation on City open space, for forwarding to Recorder subject to payment of$236,000 park in-lieu fees as approved by Council 7/16/96. J, S 5-0. C suggests fees rec'd be earmarked for Community Ctr. E. PUBLIC HEARINGS 1. Authorization to Assess Charges, 1996-97 - Hearing held; Belford continued to 8/20; Landscape Maintenance District No. 1 (Capistrano assessments per home approved as Royale) Tracts: 9284 (Seaview), 9282 (Belford follows: $557 (Tr 9284/ Seaview); $290 Terrace), 9373/7654 (Los Corrales), 7673 (Mission (Tr 8485/Mission Springs); $225 (Tr Woods), and 8485 (Mission Springs) (345.20) 7673/Mission Woods); $80 (Tr9373/7654/Los Corrales); $1,110 (Capistrano Royale). Res 47 adopted confirming costs & authorizing inclusion on tax roll. N, J 5-0 2. Authorization to Assess Charges - 1996 Weed Hearing held; Res #8 adopted confirming Abatement Charges (540.70) cost report & authorizing inclusion of assessments on tax roll. Assessment for Parcel 649-06-122/D. Tolbert of$479.23 removed. J, S 5-0 3. Request to Amend Section 9-3.609 of Title 9 of the Hearing held; Ord intro modifying ham Municipal Code Modifying the Provisions for Ham radio antenna provisions & including Radio and Other Antennas and Establishing an provisions to require CUP for wireless Antenna Exception Fee (420.30) communications facilities/towers, with revision to allow 75' antennas, retractable to 35' when not in use rather than PC recommended height of 50'. J, C 5-0. Res #9 adopted establishing antenna exception fee of$100. J, S 5-0 CITY COUNCIL AGENDA CITY OF SAN JUAN CAPISTRANO August 6, 1996 Pae 4 4. Request to Amend Section 9-3.603 of Title 9 of the Hearing held; Ord intro with clarifying Municipal Code - Sign Regulations (420.30) amendments to approve revisions to sign regulations. S, J 4-1; N no due to internal illumination provisions. J requests addresses on monument signs be considered. F. SAN JUAN CAPISTRANO COMMUNITY Recess 9:30 p.m. REDEVELOPMENT AGENCY Reconvene 9:47 p.m. (Refer to Agency Agenda) G. ADMINISTRATIVE ITEMS 1. CITY MANAGER a. Establishment of City Council Policy Approved policy of allowing City staff Regarding City Representation on Community members to serve as City representatives Organizations, Board of Directors (610.30) to community organizations' Boards of (CONTINUED FROM JULY 16, 1996) Directors. J, S 5-0 b. Consideration of Participation in Joint Powers Participation in JPA approved; Mayor Agreement Creating the Orange County authorized to execute agreement. Council of Governments (600.50) N, J 5-0 C. Consideration of Creation of a Street Banner Creation and use of street banner on Encouraging Voter Participation in Elections weekends prior to an election approved to (410.40) read "Vote Tuesday." C, H 5-0 d. Consideration of Agreement for the Transfer Agreement for transfer of r-o-w, excess of Right-of-Way, Excess Right-of-Way and r-o-w & debt obligation for excess Debt Obligation - Stonehill Drive (County of Stonehill Dr. r-o-w from County to City Orange) (600.50) approved; Mayor authorized to sign agreement& staff authorized to negotiate agreement for marketing excess parcels once title has been transferred to City. S, J 5-0 CITY COUNCIL AGENDA CITY OF SAN JUAN CAPISTRANO August 6, 1996 Pae 5 2. PLANNING DIRECTOR a. Modification to Condition of Approval - Res#10 adopted modifying Condition#2 Tentative Parcel Map 92-123 (Trulis) of TPM 92-123 requiring, prior to (420.70) approval/recordation of a final map, establishment of an escrow account for any proceeds from the sale or transfer of ownership of Parcels 1-3 for payment of site improvements for the Solag relocation; execution of an agreement to insure that environmental remediation is completed prior to the sale or transfer of Parcel 4; and, execution of a letter acknowledging that the existing use has been terminated. N, C 4-0-1, J abstain due to conflict of interest. Staff to meet with B. Hardy re concerns on Parcel 4. 3. ENGINEERING AND BUILDING DIRECTOR a. Authorization to Proceed - Design and Staff authorized to (1) prepare an Construction of Paseo Adelanto Extension, alignment study of the Paseo Adelanto Del Obispo Street to Ramos Street (600.30) Extension, pursue a Los Rios Precise Plan amendment to reduce the extension from 40'to 28 feet curb-to-curb, include in the alignment study a sidewalk, lighting, Los Rios Street closure at Las Hadas & connection of the private River Street to Paseo Adelanto; and, (2) amend the 1996- 97 CIP budget to include $22,000 for the extension & defer design of pavement rehab, Junipero Serra Rd from I-5 to Rancho Viejo Rd ($5,000), defer closure of Los Rios St @ Ramos St ($6,000), defer design of Mission Hills Dr pavement rehab ($5,000), and reduce scope of curb and gutter rehab on Ave Aeropuerto from $25,000 to $19,000. S, C 3-1-1; J abstain due to conflict of interest; N, no due to commercialization of area. H requests parking enforcement. H. ORDINANCES None CITY COUNCIL AGENDA CITY OF SAN JUAN CAPISTRANO August 6, 1996 Page 6 L COUNCILMANIC ITEMS 1. Appointment of Voting Delegate and Alternate - H appointed Voting Delegate, C, J 5-0. League of California Cities Annual Conference S appointed Alternate. J, H 5-0 (140.20) 2. Oral Reports of Outside Agencies a. San Joaquin Hills Transportation Corridor C: advised that promised landscaping has (800.50) been delayed. N suggests reviewing commitments made to assure compliance. b. Orange County Joint Fire Authority (540.80) S: noted appointments of Chairman/Vice Chairman - Tom Wilson & Sherri Butterfield. C. Joint Powers Insurance Authority (170.30) S: noted he was selected to serve 1-yr term on Executive Brd of Dir. d. Orange County Waste Management N: noted meeting with 2 agencies hired Commission (810.10) to evaluate what will be done with landfills. Felt cities will not support sale to private concern without public control. 3. Council Comments Nash a. Council Incumbency (630.20) Advised that she had never intended to serve more than one term in office. Campbell b. City Residents (610.40) Noted the number of famous/accomplished people who live in City& suggested compiling a list for future acknowledgments. C. Invocations (61015] Noted her appreciation for invocations given at recent meetings. CITY COUNCIL AGENDA CITY OF SAN JUAN CAPISTRANO August 6, 1996 Page 7 d. Late Council Materials (610.30) Noted that she does not review information received late and placed at seats & suggested it not be accepted. J. CLOSED SESSION 010.85) None. Items scheduled were removed A Closed Session will be held for the following purposes, as from consideration. authorized by statute: 1. Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), for significant exposure to litigation in 2 cases and Government Code Section 54956.9(c), the initiation of litigation in 2 cases. 2. Conference with Labor Negotiator, pursuant to Government Code Section 54957.6, with George Scarborough, City Manager, in discussion with the Management Employees Unit and the Classified Employees Unit. K. ADJOURNMENT to Tuesday, August 20, 1996, at 7:00 10:57 p.m. P.M. in the City Council Chamber 0 0 The following item was removed from the Consent Calendar and considered separately at the request of staff. —�. APPROVAL OF LICENSE AGREEMENT FOR CONSTRUCTION OF A PARK WITHIN CITY-OWNED OPEN SPACE LAND LOCATED ADJACENT TO TRACT 13437 (TAYLOR WOODROW HOMES, INCJ (600,3 0 Written Communications: / (1) Report dated August 6, 1996, from the Planning Director, recommending that the proposed License Agreement between the City and Taylor Woodrow Homes, Inc. be approved for the construction of a park within 3.9 acres of City-owned Open Space land located adjacent to the northeast border of Tract 13 43 7, Area D-2 of the Glendale Federal Planned Community. (2) Memorandum dated August 6, 1996, from the Planning Director, recommending a minor word change in the proposed License Agreement. Approval of License Agreement: It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously carried that the License Agreement between the City and Taylor Woodrow Homes, Inc. be approved, subject to the addition of the word "defend" in the first sentence of the first paragraph of Section 2, "Hold Harmless". The Mayor was authorized to execute the License Agreement on behalf of the City, and the City Clerk was directed to forward the License Agreement to the County Recorder, subject to Taylor Woodrow Homes, Inc. paying $236,200 in park in-lieu fees to the City, in accordance with the City Council's action of July 16, 1996. Council Member Campbell suggested that the park in-lieu fees to be paid by the applicant be earmarked for the Community Center fiind. PUBLIC HEARINGS I. AUTHORIZATION TO ASSESS AR - 1996-97 - LANDSCAPE MAINTENANCE DISTRICT NO. I (CAPISTRANO ROYALE) TRACTS 9284 (SEAVIEWI- 9373/7654 (LOS CORRALES). 7673 (MISSION WOODS). AND 8485 (NIISSION SPRINGS) (345.20 Proposal: Consideration of proposed annual assessments for the City Landscape Maintenance Districts. Written Communications: (1) Report dated August 6, 1996, from the Director of Public Lands and Facilities, recommending that the Landscape Maintenance Districts for Tracts 9284, 9382, 9373/7654, 7673, and 8485 and Capistrano Royale be assessed for landscape maintenance services performed by the City. The Report further noted an error had been discovered in the calculation of the maintenance costs and set forth the corrected budgets and reserve fund balances. Staff recommended that the increases be taken from individual district reserve funds; those districts with decreased costs would see an increase in their reserve funds. City Council Mints -5- 8/6/96 x, 1996 Mr. Alfredo Ayuyao Taylor Woodrow Homes, Inc. 24462 Ridge Route Drive Laguna Hills, California 92653 Re: License Agreement for Improvements on City-Owned Open Soace Dear Mr. Ayuyao: At their meeting of August 6, 1996, the City Council of the City of San Juan Capistrano approved the License Agreement with Taylor Woodrow Homes, Inc., for placement and maintenance of a trail system, bench seating, drainage facilities, landscaping and irrigation on City open space. The approval of the License Agreement was subject to receipt of park in-lieu fees of $236,200, as approved by the City Council on July 16, 1996. The fees were received and the License Agreement has been forwarded to the Orange County Recorder's Office. A fully-executed copy of the Agreement is enclosed for your files. Please feel free to contact C. J. Amstrup at 443-6327 if you have any questions. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Rick Fitch Planning Director C. J. Amstrup RECORDING RHQO HD BY AND WHEN RECORDED -T , TO: City/oftheCity uan Capistrano OffiClerk 3240delanto San strano, CA 92675 LICENSE AGREEMENT Assessor' s Parcel No. Portion AP 124-014-60 i ,y�- THIS LIC NSE AGREEMENT ( "License Agreement" ) is made this J' day of , 1996, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City" , and TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California corporation, hereinafter referred to as "Property Owner" . RECITALS This License Agreement affects title to and runs with the land with respect to that certain real property located in the City of San Juan Capistrano, County of Orange, more particularly described on Exhibit "A" , attached and incorporated herein by reference (the "Benefited Property" ) . City and Property Owner mutually resolve as follows : 1 . Grant of License. City hereby grants to Property Owner a license to use that portion of the real property owned by the City adjacent to the Benefited Property as more particularly described on Exhibit "B" attached hereto (the "License Area") for the purpose of placing and maintaining thereon a trail system, bench seating, drainage facilities, landscaping and irrigation as shown on Exhibit "C" attached hereto (the "Improvements" ) . Placement of the Improvements in the License Area shall be under the direction of the Director of Engineering and Building. 2 . Hold Harmless . Property Owner shall release and shall agree to indemnify, defend and save the City against any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, 1 . 0045721.01 howsoever same may be caused and whatsoever the same may appear, either directly or indirectly made or suffered by Property Owner, their agents, employees and subcontractors while engaged in the installation and maintenance of the Improvements . Property Owner shall maintain in effect a policy of comprehensive general liability or commercial general liability insurance in which the limits of liability shall not be less than One Million Dollars ($1, 000, 000 . 00) . City shall be named as an additional insured on such policy. The obligations under this Paragraph 2 shall terminate upon the termination of this License Agreement . 3 . Successors In Interest . The License Agreement shall inure to and be binding on the heirs, successors, executors, administrators, and assignees of the Property Owner. 4 . Term. This License Agreement shall continue in full force and effect, unless terminated by mutual agreement of the Property Owner and City. DATED this LL / L day of { 1996, at San Juan Capistrano. CITY OF SAN JUAN CAPISTRANO ATTEST By: 36z" May Wyatt Hart ., D ("ice;,vim, City Clerk CY 61 APP VED AS TO FO TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California corporation ichard Denh lter, City Attorn y By:AD�A X4 2 . 0045721.01 EXHIBIT A LICENSE AGREEMENT Legal Description That portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian, situated in the City of San Juan Capistrano, County of Orange, State of California, per the Official Plat of said land filed in the District Land Office on April 12, 1875, described as follows: Beginning at the southeasterly terminus of that certain course in the boundary of Tract No. 13437, as shown on a map filed in Book 680, Pages 21 through 32, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County, which bears North 66°19'21" West 416.37 feet; thence, along said boundary, North 66°19'21" West 225.00 feet; thence, leaving said boundary, North 59°23'26" East 142.00 feet; thence North 03°16'02" West 215.00 feet; thence North 32034'35" East 82.08 feet; thence South 79°36'50" East 168.00 feet; thence South 69°38'31" East 93.91 feet; thence South 07°11'26" East 479.05 feet; thence South 32°48'29" West 166.81 feet to said boundary of said Tract No. 13437; thence, along said boundary, North 29°10'07" West 47.00 feet; thence, continuing along said boundary, North 37°47'33" West 241.61 feet to the POINT OF BEGINNING. The above described parcel of land contains 3.9 acres, more or less. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. QRpFES&r) Mc �Z y y No.23956 Exp. 12/31/97 Tom R. McGannon, R.C.E 23956 Exp. 12/31/97 co Page 1 of I H&A Legal No.4012 W.O. No.42-119 February 22. 19% By V.Edge Ck'd:H. Foss EXHIBIT "B" Sketch to Accompany Legal Description S79-36'50"E168.00, (b .91. ii Z 16o.00. 10, 3.9 ACRES 6,1 P.O.B. --Z 2: A may' O :P Hunsalcer Associates LICENSE AGREEMENT Irvine, Inc. MAP Three Hugh., frvtne. CA 92718 -(714)583-100 Planning - Engineering - Surveying CITY OF SAN JUAN CAPISTRANO,COUNTY OF ORANGE:STATE OF CALIFORNIA DAM; 'E' CKdW.O.�42-1 2-20-96 1 wi None —T7," V Edge H. Foss SCALE 1'=100' 1(; \DT\42\119\CALC\LD\13437\4012\EXHIBITB.DWG IN 42-119 HSA LEGAL No. 4012 1 SHEET 1 OF 1 s 1 •,�� �1. �01�• 'fit\_• '��-""' �•-���...���'rR. AMEBIC o� } STATE OF CALIFORNIA }ss. COUNTY OF Q�- /�� } On \,A, I 1 before me, personally appeared W k C AC e i U3VAl l personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my,hand ,and official seal. Sign ure UNDA M.SMIIIi QM' COMM.E1067323 Notary PtbAe—C3%M1a ORANGE COUNTY Y Comm.E*gwm APR 30.199Y (This area for official notarial seal) Title of Document r7Z✓�tf�O1J Date of Document 29 5�, No. of Pages Other signatures not ackn wledged �J 300811/941 (General) First American Title Insurance Company Joao MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL OIL JO HART NES sir' Iinloero�auo CAROLYN [ne 76 X861 CAROLYNNASH 1776 GawG swERGUN • • CITY MANAGER GEORGE SCARBOROUGH 1996 Clerk-Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 Re: License Avreement - Park Improvements Gentlemen: The following document is enclosed for recordation: License Agreement for AP 124-014-60 - Taylor Woodrow We are requesting exemption from recording fees because project will benefit the public. When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Cheryl Johnson City Clerk Document Number Enclosure Date 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 Dawn Schanderl From: Tony Foster Sent: Monday, November 25, 2002 4:19 PM To: Cindy Russell; Craig Harris; Dan McFarland; Bill Huber; Meg Monahan; Sam Shoucair Cc: Dawn Schanderl; Tom Tomlinson;Al King Subject: Taylor Woodrow Fees It has come to my attention that Taylor Woodrow may owe $265,000 in outstanding park fees. This stems from an agreement in which the City approved installation of a passive, rather than active, parksite within Areas C & D. The funds are the estimated difference between the two types of parks. Please do not release any bonds prior to payment of this fee. I am now in the process of notifying Taylor-Woodrow. Tony Foster �^ / 1 MEMORANDUM TO: Memo to File FROM: Dawn M. Schanderl, Deputy City Clerk DATE: May 29, 1997 SUBJECT: License Agreement Tract 13437 (Taylor-Woodrow Homes, Inc) License agreement has not beel\recorded. Check from Taylor-Woodrow Homes in the amount of $236,000 must be received by the City of San Juan Capistrano before License agreement will be sent to the recorder. Taylor Woodrow Homes California Ltd. 24461 Ridge Route Drive TAYLOR WOODROW Laguna Hills,CA 92653-1686 Telephone 714 581-2626 Facsimile 714 581-2727 July 29, 1996 DELIVERED VIA COURIER Mr. C. J. Amstrup Associate Planner City of San Juan Capistrano 3240 Paseo Adelanto San Juan Capistrano, CA 92675 Re: License Agreement Dear Mr. Amstrup: Enclosed please find two signed and notarized License Agreements for you to take to City Council. Please let me know if you require any additional information. Sincerely, Alfredo F. Ayuyao Senior Development AFA/sv Enclosure cc: Rick Fitch, Hunsaker and Associates pp Wdpo9 19217`1996 9yV/VEJR 1 A. MEMORANDUM August 6, 1996 TO: George Scarborough, City Manager FROM: Thomas Tomlinson, Planning Directo� SUBJECT: Taylor Woodrow License Agreement The Taylor Woodrow License Agreement, which is item D-12 on this evening's consent calendar, requires a modification to paragraph two per the City Attorney as follows: 2. Hold Harmless. Property Owner shall release and agree to indemnify,defend,and save the City against any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands,costs,loss,damage,and liability,howsoever same may be caused and whatsoever the same may appear,either directly or indirectly made or suffered by Property Owner,their agents,employees and subcontractors while engaged in the installation and maintenance of the Improvements. I recommend that the Council approve the license agreement this evening, subject to this change. Staff will obtain a signed copy of the agreement within the next few days for the Mayor's signature once the above changes have been made. C:\OFFICE\WPWfMWPDOCS\ME0806.TAY Cw Y C4 ��� FOR CITY COUNCIL AGE �t� pub&( It a a- )