1979-0307_OC WATER WORKS DISTRICT NO4 / BEAR BRAND RANCH_Agreementi
AGREEMENT FOR WATER AND SEWER
SERVICES TO BE PROVIDED TO BEAR
BRAND RANCH UPON ANNEXATION
THIS AGREEMENT is made as of this 7th day of March, 1979
by and between the City of San Juan Capistrano, hereinafter
referred to as "City", Orange County Waterworks District No. 4,
hereinafter referred to as "OCWWD#4", and Bear Brand Ranch Company,
'BBRC."
W I T N E S S E T H:
WHEREAS, BBRC is the owner of the land located in the unin-
corporated territory of the County of Orange, described in Exhibit B.
WHEREAS, BBRC intends to subdivide the aforesaid land and
cause it to be annexed to the City of San Juan Capistrano pursuant
to Agreement To Annex Real Property, a copy of which is attached
hereto as Exhibit A and by this reference made a part hereof; and
WHEREAS, the aforesaid subdivision lies within the terri-
torial boundaries of the Moulton Niguel Water District; and
WHEREAS, the parties hereto agree that sewer and water
services can be better provided by the City of San Juan Capistrano
and Orange County Waterworks District No. 4 respectively.
WHEREAS, MNWD and OCWWD#4 have, accordingly, commenced
proceedings to cause the BBRC land to be deannexed from MNWD and
annexed to OCWWD#,.
NOW THEREFORE, in consideration of the premises and the
promises hereinafter contained, the parties agree that:
1. OCWWD#4 agrees to provide water services to BBRC for
the territory described in Exhibit A, subject to the following
terms and conditions:
a. Consummation of annexation hereinabove described,
b. Installation by BBRC of such water facilities and
improvements including pipelines, storage facilities
and pump stations, as may be reasonably required by
the General Manager of OCWWD#4;
C. Payment by BBRC of all applicable fees and charges
AGREEMENT FOR WATER AND SEWER
SERVICES TO BE PROVIDED TO BEAR
BRAND RANCH UPON ANNEXATION
THIS AGREEMENT is made as of this 7th day of March, 1979
by and between the City of San Juan Capistrano, hereinafter
referred to as "City", Orange County Waterworks District No. 4,
hereinafter referred to as "OCWWD#4", and Bear Brand Ranch Company,
'BBRC."
W I T N E S S E T H:
WHEREAS, BBRC is the owner of the land located in the unin-
corporated territory of the County of Orange, described in Exhibit B.
WHEREAS, BBRC intends to subdivide the aforesaid land and
cause it to be annexed to the City of San Juan Capistrano pursuant
to Agreement To Annex Real Property, a copy of which is attached
hereto as Exhibit A and by this reference made a part hereof; and
WHEREAS, the aforesaid subdivision lies within the terri-
torial boundaries of the Moulton Niguel Water District; and
WHEREAS, the parties hereto agree that sewer and water
services can be better provided by the City of San Juan Capistrano
and Orange County Waterworks District No. 4 respectively.
WHEREAS, MNWD and OCWWD#4 have, accordingly, commenced
proceedings to cause the BBRC land to be deannexed from MNWD and
annexed to OCWWD#,.
NOW THEREFORE, in consideration of the premises and the
promises hereinafter contained, the parties agree that:
1. OCWWD#4 agrees to provide water services to BBRC for
the territory described in Exhibit A, subject to the following
terms and conditions:
a. Consummation of annexation hereinabove described,
b. Installation by BBRC of such water facilities and
improvements including pipelines, storage facilities
and pump stations, as may be reasonably required by
the General Manager of OCWWD#4;
C. Payment by BBRC of all applicable fees and charges
customarily imposed by OCWWD#4 for water services
required by BBRC;
d. Execution by BBRC of OCWWD#41s standard subdivision
improvement agreement and payment of inspection fees
and the posting of surety bonds required thereby.
2. City agrees to provide sewer services to BBRC for the
territory described in Exhibit B subject to the following terms
and conditions:
a. Consummation of annexation hereinabove described.
b. Installation by BBRC of such sewer facilities as may
be required pursuant to City's Land Use Code and its
standard specification for the construction of sanitary
sewers;
C. Payment by BBRC of all applicable fees and charges
customarily imposed by City for sewer services required
3. Performance of the promises and obligations set forth
in this agreement are specifically conditioned upon the territory
described in Exhibit B having been annexed to the City and OCWWD#4.
This agreement shall moreover inure to the benefit and be binding
upon the successors and assigns of each of the parties hereto.
In witness whereof the parties have executed this agreement
as of the date appearing opposite their signatures.
Dated: March 7, 1979
Dated:
CITY OF SAN JUAN CAPISTRA
�J
By ✓�^��
KENNETH E. FRIESS, MAYOR
ORANGE COUNTY WATERWORKS DISTRICT NO. 4
By
EADOWS, GENERAL MANAGER
BEAR BRAND RANCH COMPANY
By
Dated: AeMgeZ 1r — By
ATTEST:
Mary An'nAanovet, City Clerk
APPROVED AS TO FORM:
mes S. Okazaki, CityCAttorney
0
AGREEMENT TO ANNEX REAL PROPERTY
This Agreement to Annex Real Property (hereinafter
"Agreement"), effective this day of
1978, is entered into by and between the City of San Juan I
Capistrano (hereinafter the "City") and Bear Brand Ranch
Company-Peppertree Bend Project, a California limited part-
nership (hereinafter "BBRC").. The City and BBRC are at
times hereinafter referred to individually as a "party" and
collectively as the "parties".
R E C I T A L S
A. BBRC is the fee owner of certain real property
located in an unincorporated territory of the County of
Orange, State of California, more fully described as follows:
Being Parcel 3 in Unincorporated Territory of the
County of Orange, State of California, as shown on
the map filed in Book 115, Pages 14 and 15, of
Parcel Maps in the Office of the County Recorder
of said County, excepting therefrom that certain
portion shown on Tentative Tract Map 9390 as Lot
41 (hereinafter, the "Property").
B. BBRC intends to improve and develop the Property
by constructing thereon a country equestrian residential
community comprised of 40 single family detached. Lots for
residences located on 1 to 2 acre parcels (the "Project").
To facilitate.the construction of the Project, BBRC has
processed Tentative.Tract 9390 to approval through the
requisite governmental agencies of the County of Orange,
California (the "County").
EXHIBIT A
1
C! As a condition precedent to the recordation of
Tract 9390, the County requires that the Project obtain
access to and use of certain public streets located in the
City. Such access and use by the Project is contingent upon
the issuance to BBRC by the City of an Improvement Permit
relating to improvements to gain access to the public streets.
D. After review by an appointed community committee
and by the City Council, it was the decision of the City
that the Improvement Permit not issue. Further, the City
desired that modifications be made to Tract 9390 concerning
@yi-de-sating Peppertree Bend, the street within the Tract,
rgther than -providing for a future extension as desired by
the County to the arterial highway known as Camino del
�vipn.
E, On May 24, 1978, the Orange County Planning Commission
(the "Commission") approved the modifications set forth in
fepital D above. In addition, the Commission required,
gmpng other things, that, at approximately Lot 7 within
Tract 9390, SERC provide a 35 -foot radius turnaround, or
provide for a future connection to a future street. Said
future street is commonly known as the Crumrine extension.
F. It is the desire of the City to annex the Property
tp the City and the desire of BBRC to so annex pursuant to
the terms, covenants, conditions set forth in this Agreement
Opo subject to the rights of successors in ownership to BBRC
having the right to construct custom homes on the particular
lots within the Property as more fully set forth herein.
NOW, THL•'R FORE, in consideration of the foregoing
2
Recitals and the *venants and conditions contained herein,
the parties hereby agree as follows:
1. PROCESSING OF ANNEXATION. BBRC hereby agrees that upon
fulfillment of the conditions set forth in Section 2
below, it shall commence processing of the Annexation
pursuant to the requirements of the Local Agency Forma-
tion Commission (hereinafter "LAFCO") as set forth in
Section 54790 et seq. of the Government Code of the
State of California.
2, CONDITIONS PRECEDENT TO PROCESSING OF ANNEXATION. The
duty of BBRC to initiate the processing of the Annexa-
tion with LAFCO is expressly conditioned upon the
occurrence of the following events:
(a) Issuance by the City of Improvement Permits for
those certain roadways known as "Calle Aspero" and
"Calle Ricardo" within five (5) days of execution
of this Agreement.
(b) The adoption of an Ordinance or Resolution by the
City of a pre -zoning of the Property to a zone of
100 -EL, Small Estate District, with conditions
acceptable to BBRC as evidenced in writing.
(c) An agreement being entered into between Moulton
Niguel Water District, Orange County Waterworks
District No. 4, and the City relating to water and
sewer services for the Property, which agreement
shall be acceptable to BBRC.
(d) BBRC having recorded a Notice of Completion on the
improvements to the Property including all water,
3
sewer and street improvements shown on the Improve-
ment Plans which are a part of the Final Tract Map
9390.
Should, however, BBRC elect to commence the processing
of the Annexation prior to the occurrence of all of the
conditions precedent set forth in Section 2(a) through
2(d) above, the City agrees that the Annexation shall
not be consummated prior to the recordation of the
Notice of Completion as set forth in Section 2(d)
above.
3. PROCESSING OF THE ANNEXATION. BBRC and the City agree
to diligently process the Annexation to completion. In
doing so, the City shall authorize and instruct personnel
of the City to assist BERC and its principals,.employees,
and agents in the processing of the Annexation with
LAFCO, the City and all applicable agencies and districts
which are or may become a part of the Annexation process.
4. IMPROVEMENT OF CALLS ASPERO. BBRC agrees to improve
Calle Aspero by widening and paving said street between
the boundary of Tract 7112 to a point approximately
100' east of Paseo Monte Vista, which improvements
shall be accomplished within the standards of the City
for commuter streets. The improvement to Calle Aspero
shall be the only City required improvements relating
to the development of the Project, and shall be accom-
plished by BBRC during the construction of the off-site
improvements to the Property. The City shall reimburse
BBRC the sum of Twenty Five Thousand Dollars ($25,000)
or fifty precent (50%) of the cost of such improvement
4
to Calle As.10. o, whichever sum shall blesser, within
ten (10) days after the effective date of the Annexa-
tion. The City shall complete the necessary acts to
obtain the right-of-way for such improvement and shall
inform BBRC when the entire right-of-way has been
pbtained.
5. TERMINATION OF ANNEXATION PROCESSING, The City shall
not enact any law{ ordinance, resolution or regulation
pf any kind or nature which would inhibit, delay, or
pegate the right of BBRC gr its gueFessors-in-interest
tP construct on the 1?rope9ty single family residences
and appurtenances thereto, ShAuld such an event occur,
ABRe may terminate this Agreement by delivering written
notice to the City, Alternatively, should URC fail to
perform under this Agreement, the City may terminate
this Agreement by delivering written notice to BBRC.
Vpon delivery of sgeh NQtiQe, this Agreement shall be
@f no further forge or effeQt, regardless of the stage
of processing, and either re.speetive party shall have
no duty to continue the processing of the Annexation.
Further, should the Annexation not be completed within
six (6) months after delivery of application to LAFCO,
either party shall .have the right to terminate this
Agreement.
6. RIGHTS TO CONSTRUCT RESIDENCES, Provided that BHRC
has performed hereunder,, the parties hereby acknowledge
that upon execution of this Agreement, BBRC and its
successors -in -interest shall be deemed to have obtained
a vested right to construct residences and appurtenances
thereto on * Project in accordance wi� the plans
approved pursuant to Section 7 below. The parties
agree that such vested rights shall exist notwithstanding
any existing statutory or case law in the State of
California, or the adoption of any statutory or case
Jaw subsequent to the execution of this Agreement.
y@wever, the City shall not be responsible for any
laws, regulations, or ordinances, imposed by other
gpvernmentai agencies beyond the control of the City
which affect the legal ability of the City to issue
Building Permits for the construction of the residences.
The parties further acknowledge that BBRC has agreed to
@Bter inte this Agreement in reliance upon obtaining
ovuh vested _rights to improve the Property.
165UANCE OF PUILDINC PER17ITs. BBRC acknowledges and
agrees that the issuance of grading permits and building
permits with regard to the construction of residences,
accessory buildings, driveways, improvements and amenities
(cellectively the "Improvements") on a particular Lot,
§hail be subject to the review of the Environmental
Review Board in accordance with the Land Use Management
Code of the City, as it relates to (a) the grading plan;
(b) applicable building code; and (c) conformance with
the zoning called for in this Agreement.
Subject to such requirements of the Land Use
Management Code, the design of the Improvements, siting
@f the Improvements and landscaping to be made to a
particular Lot within the Project, shall be subject to
the review and approval of the Architectural Review
A
Committee ofoie Peppertree Bend Homeoti ks Association,
Inc., and pursuant to the requirements of the Declaration of
Covenants, Conditions and Restrictions affecting the
Property, and shall not be subject to review and approval
by the City, or its agencies. It is acknowledged and
agreed that the City shall issue the respective grading
and building permits for construction of the Improvements
upon its review and approval of specific matters set
forth in this Section 7. Should the City, or any
agency, commission or representative thereof, fail to
act in accordance with this Section 7 in the issuance
of grading permits and building permits, BBRC and its
successors and assigns, shall have the immediate right,
without further administrative review or appeal, to
commence legal action in the appropriate court of law
or equity to enforce their rights hereunder.
8. PURCHASE OF LOTS WITHIN PROPERTY. It is acknowledged
and agreed that BBRC may enter into deposit receipts,
purchase agreements, and escrow instructions relating
to the purchase of a particular Lot within the Property
by a third party prior to the consummation of the
Annexation.
S. CLOSE OF ESCROW OF LOTS. BBRC agrees that it shall not
close any escrow with such third parties and convey
title to any Lots within the Property prior to the
Annexation of the Property or the termination of the
Annexation proceeding pursuant to this Agreement.
10.. NOTICES. All notices required to be given under this
Agreerient shall be in writing and shall be transmitted
7
r.
either by persol hand delivery or throu the faci-
lities of the United States Post Office, postage prepaid,
certified or registered mail, return receipt requested.
Any such notice shall be effective upon delivery, if
hand delivered, and forty-eight (48) hours after dispatch,
if fnaiied in accordance with the above. Notices to the
r@speetive parties shall be sent to the following
gddresses unless written notice of a change of address
has keen given pursuant hereto:
IF TO BBRC:
Bear Brand Ranch Company
X54 Newport Center Dr.
Byite M=100
N@wPert Beach, CA 92660
WITH A COPY TO;
sT@yry C, Hackett
HggXett & Tucker
Z59 Newport Center Drive #305
N@wppr--t Beach, CA 92660
IF TO THE CITY:
The City of San Juan Capistrano
Mt. Tom Merrell, Planning Dept.
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
ENT RE AGREEMENT, This Agreement contains the entire
ggre@mept between the parties hereto and supersedes any
prior or- concurrent written or oral agreement between
said parties concerning the subject matter contained
Herein, There are no representations, agreements,
arrangements, or understandings, oral or written,
bpetween or among the parties.hereto, relating to the
subject matter contained in this Agreement, which have
§)ot been fully expressed herein.
iz, bINDING EFFECT. This Agreement shall inure to the
ane€it of, and shall be binding upon, the parties
hereto and their respective .legal representatives,
successors and assigns.
3
13. WAIVER. No waior of any breach or defauo of this
Agreement by any party hereto shall be considered to be
a waiver of any prior, concurrent or subsequent breach
or default of this Agreement.
14. AMENDMENT. This Agreement may only be amended by the
written consent of all of the parties to this Agreement
at the time of such amendment.
15. TIME OF ESSENCE. Time is the essence of this Agreement
and the provisions contained herein and each and every
provision hereof.
16. GOVERNING LAW. Subject to the specific terms of this
Agreement, the validity, interpretation and performance
of this Agreement shall be controlled by and construed
under the laws of the State of California.
17. ATTORNEYS FEES. Should any dispute arise between the parties
hereto or their legal representatives, successors or
assigns concerning any provision of this Agreement
or the rights and duties of any person in relation thereto
the party prevailing in such dispute shall be entitled,
in addition to such other.relief that may be granted,
to a reasonable sum as and for their or his or its attorneys
fees and legal costs in connection with such dispute whether
such action is legal or equitable in nature.
18. INTEREST ON OBLIGATIONS. Should either party fail to
make payment of any sums payable pursuant to this Agreement,
at the time or date set forth herein, interest shall
accrue on such obligation at the rate of ten percent
(10%) per annum, until such obligation is paid in full.
V]
w
19. PRONOUNS. All pronouns and any variations thereof
shall be deemed to refer to the masculine, feminine
or neuter, singular or plural, as the identity•of
the person, persons, entity or entities may require.
20, CAPTION HEADINGS. captions at the beginning of each
numbered section or paragraph of this Agreement are
solely for the convenience of the parties hereto
and shall not be deemed part of the context of this
Agreement.
21, NEGOTIATED TRANSACTION. The provisions of this Agree -
went have been negotiated by all of the parties hereto
and said Agreements shall be deemed to have been drafted
by all such parties.
224 COUNTERPARTS. This Agreement may be executed in
counterparts, each of which shall be deemed to be an
original of -this Agreement, but such counterparts,
when taken together, shall constitute but one
agreement.
23, RIGHT TO ENFORCE AGREEMENT. Upon the breach of any
term of this Agreement, either party shall have the
right to specifically enforce the terms hereof.
Accordingly, should the City have fulfilled the terms
of this Agreement and BBRC should fail or refuse to
consummate the Annexation pursuant to the terms hereof,
the City shall have the full right and authority to
initiate and/or complete the Annexation and to that
extent, B12RC waives its right to protest such Annexation.
In witness hereof, this Agreement is executed as of the
date first set forth hereinabove.
BBRC: THE CITY:
Bear Brand Ranch Company-
Peppertree Bend Project,
a California limited partnership
By: Bear Brand Ranch Company,
a California limited
partnership
By
Robert O. Hili,
General Partner
By:
Rol ert L. WL. is , an
individual General
Partner.
11
The City of San Juan Capistrano
By:
Its
By:
Its
LEGAL DESCRIPTION
Area to be Deannexed
From
The Moulton Niguel Water District
All that certain land situated in the state of California, county
of orange, described as follows:
PARCEL 1:
PARCEL 2:
Commencing at the Northeast corner of Section 2, Town-
ship 8 South, Range 8 West, San Bernardino Base and
Meridian; thence South 1025'45" West 1313.74 feet
along the Easterly line of said Section 2 to a point
that is the most Northeasterly corner of Parcel 1, as
shown on a map filed in Book 115, Pages 14 and 15 of
Parcel Maps, Records of Orange County, California, said
point being on the existing boundary of the Moulton
Niguel Water District. Said point also being the TRUE
POINT OF BEGINNING: thence continuing along the said
Easterly line of said Section 2 and along the existing
boundary of the Moulton Niguel Water District, South
1025'45" West 664.88 feet; thence North 83019115" West
168.91 feet; thence leaving the existing boundary of
the Moulton Niguel Water District North 46049115" West
359.55 feet; thence North 36030'39" East 498.08 feet;
thence South 89029121" East 150.19 feet to the existing
boundary of the Moulton Niguel Water District and the
TRUE POINT OF BEGINNING. Said described Parcel is Parcel
1 as shown on a map recorded in said Book 115, Pages 14 and
15 of Parcel Maps, Records of Orange County, California,
containing 4.440 acres.
Commencing at said Northeast corner of Section 2, Town-
ship 8 South, Range 8 West, San Bernardino Base and
Meridian; thence South 1025145" West 1978.62 feet
EXHIBIT B
PARCEL 2: (continued)
along said Easterly line of said Section 2 to a point
that is the most Northeasterly corner of Parcel 2, as
shown on a map filed in said Book 115, Page 14 and 15 of
Parcel Maps, Records of Orange County, California, said
point being on the existing boundary of the Moulton Niguel
Water District. Said point also being the TRUE POINT OF
BEGINNING: thence continuing along said Easterly line of
said Section 2 and along the existing boundary of the
Moulton Niguel Water District, South 1125'45" West 91.36
feet; thence leaving the existing boundary of the Moulton
Niguel Water District South 48°33'23" West 1470.26 feet;
thence North 25046'50" West 315.00 feet; thence North
41°41'23" East 471.75 feet; thence North 35006116" East
335.00 feet; thence North 45106'16" East 515.41 feet;
thence South 46049'15" East 277.17 feet; thence South
83019'15" East 168.91 feet to the existing boundary of the
Moulton Niguel Water District and the TRUE POINT OF BEGINNING.
Said described Parcel is Parcel 2 as shown on a map recorded
in said Book 115, Pages 14 and 15 of Parcel Maps, Records
of Orange County, California, containing 12.680 acres.
PARCEL 3: (continued)
Commencing at said Northeast corner of Section 2, Township
8 South, Range 8 West, San Bernardino Base and Meridian,
thence South 1025'45" West 2069.98 feet along said Easterly
line of said Section 2 to a point that is the most Northeast-
erly corner of Parcel 3 as shown on a map filed in said Book
115, Pages 14 and 15 of Parcel Maps, Records of Orange County,
California. Said point being on the existing boundary of the
Moulton Niguel Water District. Said point also being the
TRUE POINT OF BEGINNING: thence continuing along said
Easterly line of said Section 2 and along the existing bound-
ary of the Moulton Niguel Water District, South 1°25'45" West
560.40 feet; South 0°30'34" West 106.64 feet; thence South
PARCEL 3: (continued)
thence South 48033'23" West 1200.09 feet; thence South
35°25'50" West 669.38 feet; thence South 45015'39" West
746.53 feet; thence South 18°36'26" West 1185.02 feet;
thence South 8°47'09" West 518.35 feet; thence still along
the existing boundary of the Moulton Niguel Water District
South 18°14'30" West 774.59 feet; thence leaving the exist-
ing boundary of the Moulton Niguel Water District North
69°11'14" West 459.22 feet; thence North 12040'47" East
631.90 feet; thence North 15036'.16" East 1130.61 feet;
thence North 18036'26" East 814.13 feet; thence North
40056'15" East 1515.50 feet; thence North 48°33'23" East
1689.21 feet to the existing boundary of the Moulton Niguel
Water District and the TRUE POINT OF BEGINNING. Said
described Parcel is a portion of Parcel 3 as shown on a
map recorded in said Book 115, Pages 14 and 15 of Parcel
Maps, Records of Orange County, California, containing 62.187
acres.
AZ
MOULTON NIGUEL
WATER DISTRICT
PARCEL 3
62.187 AC.
PARCEL 1
4.440 AC.
PARCEL 2
12.680 AC. r
`O%
ORANGE COUNTY
WATERWORKS
DISTRICT NO. 4
REVISED: 2-28-79
JOHN G. GOETTEN
Consulting Civil Engineer
15012-H Red Hill Avenue
Tustin, California 92680
(714)731-1933
er
�a'.
2
36
OF
:-'PARCEL 2
UE POINT OF
BEGINNING
TRUE POINT OF
PARCEL
I. S 10 251 45"W
1313.74'
2 S 10 251 45" W
664.881
3. N 830 191 15"W
168.91'
4. N 460 491 1511 W
359.551
5. N 36030'39"E
498.08'
6.S89029 a 21 It E
150.191
PARCEL
2
7. S 10 25' 45"W
9 1.36'
8. S 48033'2311W
1470.26'
9. N 25046'50"W
315.00'
10. N 41041'2311E
471.751
1 I. N 35006 a 16"E
335.00'
12. N 450061 W'E
515.41'
13.S46049 I 15"E
277.17'
14. S 830 19' 15"E
168.91'
PARCEL
3
15. S 10 25' 45"W
560.40'
16. S 00 30' 34"4
106.64'
17. S 480 33'23" W
1200.09'
18. S 35025'50'W
669.38'
19. S 45015'39"W
746.53'
20. S 180 36'26" W
1185.02'
2 1. S 80 47' 09" W
518.35'
22. S 180 14'30"W
774.591
23. N 690 1 1'14"W
459.22'
24. N 12040'47"E
631.901
25.N 15036'16"E
1130.6 1'
26. N 18036'26"E
8 14.1 3'
27. N 40056116'1E
1515.50'
28. N 480 33'23" E
1689.2 I'
SCALE I" = 6(
BEAR BRAND RANCH
AREA TO BE DEANNEXED
FROM CHECKED E
RCJR
THE MOULTON NIGUEL FIELD BOOK
WATER DISTRICT DATE 1-13_79
JOB N76119
E
6
MEMORANDUM May 23, 1979
TO: City Manager
Director of Public Works
Director of Community Planning and Development
FROM: Mary Ann Hanover, City Clerk
SUBJECT: Bear Brand Ranch Agreement for Water and
Sewer Services
The Agreement for Water and Sewer Services, approved by the City
Council on March 7, 1979, has been signed by all parties and has
been returned by Robert Hill.
The Agreement to Annex Real Property has not yet been returned.
&
MARY ANN HAN VER
cc: T. J. Meadows
A ki
SAN JWC pI , R 1,
!'' A1�LFI p}�I 926J5
�F ON8+14
�9,;11�
March 12, 1979 \\
O
Robert Hill, President
Bear Brand Ranch Company
250 Newport Center Drive, M-100
Newport Beach, California 92660
Re: Agreement for Water and Sewer Services
Dear Mr. Hill:
At their meeting of March 7, 1979, the City Council
took action to approve an agreement which would provide water
services from the Orange County Waterworks District #4, and
sewer services from the City, to Tract 9390 upon annexation
to the City.
Enclosed are three copies of the Agreement which have
been executed by the City and Orange County Waterworks District #4.
Please sign all three copies and return the "City Copy" and "Orange
County Waterworks Distirct #4" copies to this office. The remaining
copy is for your files.
Thank you for your cooperation.
Very truly yours,
��
(MRS) MA ANN �HANOVER
City Clerk
MAH/Ci
Enclosures
cc: Moulton -Niguel Water District
Bear Brand Ranch Committee
Director of Public Works
0
V,r AR BRAivr)
RANCH CO.
May 23, 1979
Mrs. Mary Ann Hanover
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Agreement for Water and Sewer Service
Dear Mrs. Hanover:
r
RECEIVED
k 1`9 12 3"'740
:ITY 3
SAN !';AN
1'*APIS1 k"ti ,
In our telephone conversation today, I pointed out that the
"Agreement for Water and Sewer Services to be Provided to
Bear Brand Ranch upon Annexation" is ambiguous. Specifi-
cally, it is unclear whether water and sewer service will be
provided upon the deannexation from the Moulton Niguel Water
District and annexation to Orange County Water Works District
#4 or if the Agreement could be incorrectly construed to
mean that water and sewer service would be provided upon
annexation of the property to be served to the City of San
Juan Capistrano (City), which would be contrary to the
"Agreement to Annex Real Property" between the City and
Bear Brand Ranch Company-Peppertree Bend Project (BBRC).
As we discussed, Paragraph 2. "Conditions Precedant to
Processing of Annexation" of the "Agreement to Annex Real
Property" states that the initiation of the processing of
the Annexation will begin after BBRC has recorded a 'Notice
of Completion for the improvements on the Property, including
all water, sewer, and street improvements. Further, Para-
graph 2 states that an agreement will be entered into between
Moulton Niguel Water District, Orange County Water Works
District #4, and the City relating to water and sewer services
for the Property, which shall be acceptable to BBRC prior to
the annexation of the Property into the City.
In order to expedite matters, we have returned the fully
executed "Agreement for [Nater and Sewer Service" to you today,
without requesting a modification; however, it may be
� _ t
Land Investment and Development
250 NEWPORT CENTER DRIVE, M-100 w NEWPORT BEACH, CALIFORNIA 92660 &, 714/640-4404
Page Two • •
Mary Ann Hanover
May 23, 1979
necessary, in order to satisfy our construction lender or
The Department of Real Estate, to modify the Agreement to
eliminate the ambiguity.
Thank you.
Sincerely yours,
•:: �000
Robert O. Hill
ROH/bm
Enclosure
xc: T.J. Meadows
Tom Merrill
0 0
AGENDA ITEM
TO: James S. Mocalis, City Manager
March 7, 1979
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Agreement for Water and Sewer Services to be Provided to
Bear Brand Ranch Upon Annexation
SITUATION
The City of San Juan Capistrano and the Orange County Water Works
District No. 4 will provide sewer and water services, respectively,
for Tract 9390, Bear Brand Ranch. These services will be provided
upon annexation of the tract to the City. The aforesaid subdivision
lies within the territorial boundaries of the Moulton Niguel Water
District.
The subject Agreement fulfills one of the four conditions precedent
to processing annexation. The Bear Brand Ranch Company will annex
Tract 9390 to the City of San Juan Capistrano pursuant to Agreement
to Annex Real Property. The City will continue with the annexation
proceedings upon execution of this Agreement.
FINANCIAL CONSIDERATION
The City of San Juan Capistrano will receive all applicable fees
and charges customarily imposed by the City for sewer services.
ALTERNATE ACTIONS
1. Authorize the Mayor to execute the Agreement between the City
of San Juan Capistrano, Orange County Water Works District No. 4
and Moulton Niguel Water District to provide water and sewer
services to Bear Brand Ranch upon annexation.
2. Do not authorize the Mayor to execute the Agreement.
3. Request additional information from staff.
RECOMMENDATION
By motion, authorize the Mayor to execute the Agreement between the
City of San Juan Capistrano, Orange County Water Works District No. 4
and Moulton Niguel Water District to provide water and sewer services
to Bear Brand Ranch upon annexation.
(/R�e/spl/e��ct£ ly sub ted,
W. D. Mur
WDM: GA/tm
Attachment
FOR GITY COUNCIL AGENDA .... .....