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.
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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.
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LEGEND
OPEN SPACE AREA TO CITY - 3-9 AC.
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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
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Page 1 of 1
H&A Legal No.4012
W.O. No,42-119
February 22, 1996
By:V.Edge
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EXHIBIT "B"
Sketch to Accompany Legal Description
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Three Hughes, lmi� , CA 92718 -(714)583-1010
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DAM 2-20-96 1 ',EAi None 's, V. Edge 8"y" H. Foss SCALE: 1"=100' 7 W.O. 42�-152
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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
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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
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16000.
3.9 ACRES
6
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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
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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,
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16o.00. 10, 3.9 ACRES
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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
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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.
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