1974-0807_MCMICHAEL COMPANY INC_Action ReminderCITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Theodore Simon, City Engineer
FROM: City Clerk DATE: June 13, 1989
SITUATION:
On August 7, 1974, the City of San Juan Capistrano entered into a Reimbursement
Agreement with The McMichael Company concerning drainage assessment fees for Tract
7912. The Agreement is due to expire on August 7, 1989.
ACTION REQUESTED:
The term may be extended. A copy of the Agreement is attached for your reference.
Please notify this office regarding the status of the Reimbursement Agreement.
ACTION TO BE TAKEN: p (�
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 6/13/89
Deadline Date: 8/7/89
cc: City Attorney
Assistant City Manager
(600.60/m ichae l)
f
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Tony Foster, Assisstant Engineer
FROM: Records Coordinator DATE:JuIy 15, 1990
SITUATION:
At their meeting of June 16, 1987, the City Council approved a one-year Improvement
Agreement for Final Tract Map 11753 (Sheraton Intercontinental Development). The
extension period was due to expire on June 16, 1988. The Agreement was extended to
January 16, 1989.
On December 19, 1988, Agreement was extended to March 16, 1989.
ACTION REQUESTED:
Please advise of the status of Final Tract Map 11753.
ACTION TO BE TAKEN:
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 4/18/88 12/16/88 2/16/89
Deadline Date: 6/16/88 1/16/89 3/16/89
cc: City Attorney
Assistant City Manager
(600.30/t11753)
' l
REIMBURSEMENT AGREEMENT
THIS AGREEMENT, FOR PURPOSES OF IDENTIFICATION HEREBY DATED THE 7th
DAY OF August , 1974, IS BY AND BETWEEN THE MCMICHAEL COMPANY, INC.,
HEREINAFTER REFERRED TO AS °DEVELOPER°, AND CITY OF SAN JUAN CAPISTRANO, HEREINAFTER
REFERRED TO AS "CITY".
WITNESSETH:
WHEREAS, THE CITY HAS HERETOFORE ADOPTED THE MASTER PLAN OF DRAINAGE FOR THE
SAN JUAN CAP ISTRANO-CAPISTRANO BEACH AREA (HEREINAFTER CALLED MASTER PLAN) WHICH
ESTABLISHES DRAINAGE FEE ASSESSMENT AREAS THROUGHOUT THE CITY AND
WHEREAS, IN CONNECTION WITH THE DEVELOPMENT OF ITS LAND, DEVELOPER APPLIED FOR
AND WAS GRANTED APPROVAL OF TENTATIVE TRACT No. 7912 ON CONDITION THAT IT MEET THE
REQUIREMENTS OF THE AFORESAID MASTER PLAN; AND
WHEREAS, IN ACCORDANCE WITH THE MASTER PLAN, DEVELOPER IS REQUIRED TO PAY A
DRAINAGE ASSESSMENT FEE OF $16,796.33; AND
WHEREAS, DEVELOPER HAS COMPLETED THE IMPROVEMENTS OF TRACT N0. 7912 AND PAID
THE SUM OF $73,778.32 FOR THE INSTALLATION OF STORM DRAIN FACILITIES; AND
WHEREAS, DEVELOPER HAS, ACCORDINGLY, PAID AN EXCESS OF $56,981.99 FOR AND ON
ACCOUNT OF SAID DRAINAGE ASSESSMENTS, AND IS ENTITLED TO REIMBURSEMENT OF THAT SUM.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES HEREINABOVE SET FORTH, CITY
AGRFES TO REIMBURSE DEVELOPER AND AFORESAID SUM OF $56,981.99 FROM DRAINAGE FEES
COLLECTED FROM DRAINAGE ASSESSMENT AREA 1-01, UNDER THE FOLLOWING TERMS AND CONDITIONS:
1. TERM: THIS REIMBURSEMENT AGREEMENT SHALL REMAIN IN EFFECT FOR AN
INITIAL PERIOD OF FIFTEEN (15) YEARS FROM THE DATE OF THIS AGREEMENT
AND UPON THE EXPIRATION OF SAID PERIOD SHALL BE SUBJECT TO EXTENSION
FOR AN ADDITIONAL PERIOD OF FIFTEEN (15) YEARS AS PROVIDED IN SECTION
4 OF THIS AGREEMENT.
2. PRIORITY IN CLAIMS: IT IS HEREBY SPECIFICALLY UNDERSTOOD AND AGREED
THAT THE REIMBURSEMENT PAYMENT CONTEMPLATED HEREIN SHALL COME SOLELY
FROM FUNDS PAID INTO THE AFORESAID DRAINAGE ASSESSMENT AREA 1-01, AND
IN THE EVENT THAT THERE SHOULD BE OTHER PARTIES CLAIMING REFUNDS THE
PRIORITY OF ANY PAYMENTS MADE FROM SAID FUND SHALL BE DETERMINED BY
THE DATE OF THE RESPECTIVE REIMBURSEMENT AGREEMENTS.
- 1 -
a
3. COMPLETION OF MASTER PLANNED FACILITIES: CITY SHALL NOT BE
REQUIRED TO REIMBURSE DEVELOPER UNTIL ALL MASTER PLANNED FACILITIES
WITHIN THE DRAINAGE ASSESSMENT AREA L01 HAVE BEEN CONSTRUCTED UNLESS
CITY COUNCIL DETERMINES THAT THE PAYMENT OF SUCH REIMBURSEMENT WILL
NOT JEOPARD-I ZE THE IMPROVEMENT OR CONSTRUCTION OF MASTER PLAN FACIL IT IES
EXCEPT AS PROVIDED IN SECTION 4 OF THIS AGREEMENT.
4. REIMBURSEMENT UPON EXPIRATION OF INITIAL TERM: UPON EXPIRATION
OF THE INITIAL TERM OF THIS AGREEMENT' AND PROVIDED THAT DEVELOPER IS
OTHERWISE ENTITLED TO REIMBURSEMENT AS PROVIDED IN SECTION 2, CITY
SHALL REIMBURSE TO DEVELOPER SO MUCH OF THE UNPAID BALANCE AS IS THEN
AVAILABLEP AS SAID TERM IS HEREINAFTER DEFINED FROM DRAINAGE ASSESS-
MENTS FOR DRAINAGE ASSESSMENT AREA L01, WHETHER OR NOT ALL OF THE
MASTER PLANNED FACILITIES WITHIN SAID AREA HAVE BEEN CONSTRUCTED. IF
FUNDS ARE NOT AVAILABLE TO REIMBURSE DEVELOPER FULLY AND IF THE CITY
COUNCIL DOES NOT FIND AND DETERMINE THAT THE MASTER DRAINAGE PLAN WILL
BE JEOPARDIZED THEN AT THE WRITTEN REQUEST OF THE DEVELOPER AND AT
THF CITY'S SOLE AND ABSOLUTE DISCRETION' THE TERM OF THIS AGREEMENT
MAY BE EXTENDED FOR AN ADDITIONAL PERIOD OF FIFTEEN (15) YEARS. IF
DEVELOPER IS NOT FULLY REIMBURSED PRIOR TO THE SAID EXTENSION, THEN UPON
THE EXPIRATION OF SAID EXTENSION CITY SHALL REIMBURSE TO DEVELOPER SO
MUCH OF THE UNPAID BALANCE AS IS THEN AVAILABLE FROM DRAINAGE ASSESS-
MENTS FOR DRAINAGE ASSESSMENT AREA L01, WHETHER OR NOT ALL OF THE
MASTER PLANNED FACILITIES WITHIN SAID AREA HAVE BEEN CONSTRUCTED. THE
AVAILABILITY OF FUNDS AS HEREIN CONTEMPLATED SHALL DEPEND NOT ONLY
UPON THE EXISTENCE OF MONEY IN SUCH FUNDS BUT ALSO UPON WHETHER
SUCH FUNDS OR ANY PORTION THEREOF MAY BE REQUIRED FOR THE INSTALLATION
OF NECESSARY DRANAGE FACILITIES.
5. BINDING EFFECT: THIS AGREEMENT SHALL BE BINDING ON THE PARTIES
HERETO THEIR SUCCESSORS, HEIRS, OR ASSIGNS, AND IT SHALL BE THE DUTY
AND OBLIGATION OF THE DEVELOPER, ITS SUCCESSORS, HEIRS OR ASSIGNS)
TO INFORM THE CITY OF ANY CHANGES IN ADDRESS. THE OFFICIAL MAILING
ADI)RESS OF DEVELOPER IS AS FOLLOWS:
469-A WEST VALENCIA DRIVE
FULLERTON, CALIFORNIA 92632
- 2 -
IN WITNESS THEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
ON THE DATE FIRST ABOVE WRITTEN.
ATTEST: CI
MARY ANN HANOVER, CITY CLERK
7 By
i
i
SMTP: OF CALIFORNIA
COUNTY OFJ SS.
uJ On � r / 7 V__ — _ hrfnrr mc.
the u deR r=i�ne, a Votar Y blir in and for -aid ('aunt' and �I Ir.
personally appeared 1S_my- "`�'��-c"""'*�'-
known me to be the L'-� _President and ---
¢ known to me to be
_ _—Secretary of the corporation that executed the
awithin Instrument, known to me to be the per.ons who executed the
within Interment on behalf of the corporation therein named, and
a arknowledged to me that such corporation executed the within
p° instnnnent pursuant to its by laws or a resolution of its board of
directors.
U' 1
Signature
"0111
aO G
Name (Typed or Printed)
Notary Public in and for said County and State
THF Mr..MICHAFI CnNPANV INC_
BY/
0
If
FOR NOTARY SEAL OR STAMP
- 3 -
OFFICIAL. SEAL
CLARE M. NELSON
NOTARY PUBLIC- CALIFORNIA
ORANGE COUNTY
My Commission Expires July 20,1974
469 A. W.
Valencia, FUIIErton. Calif. 92632
- 3 -
March 6, 1991
The McMichael Company
Attn: Antoinette M. Brown, Office Manager
2201-A East Winston Road
Anaheim, CA 92806
Re: Drainage Fee Reimbursement (Tract 7912)
Dear Ms. Brown:
MEMBERS OF THE CITY COUNCIL
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
GIL JONES
JEFF VASQUEZ
CITY MANAGER
STEPHEN B. JULIAN
On August 7, 1974, the City of San Juan Capistrano entered into a Reimbursement
Agreement with the McMichael Company. From drainage fees collected from
Drainage Assessment Area L01, the City agreed to reimburse $56,981.99 should
funds be available.
Under the terms and conditions of the agreement, if funds are not available to
perform the reimbursement, the term of this agreement may be extended. At this
time, with the budgetary review completed, funds are not available for
reimbursement. Under the circumstances, it is requested that the term of this
agreement be extended.
If you have any questions or require additional information, do not hesitate to
contact me.
Very truly yours,
'5eo�/� �
William M. Huber
Director of Engineering & Building
W M H:T GS: cl
cc: George Scarborough
John Shaw
Dave Bentz
Ted Simon
Cheryl Johnson l ��
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
11
January 19, 1987
Ms. Toni Stotts
The McMichael Company, Inc.
2201-A East Winston Road
Anaheim, California 92806
Re: Drainage Reimbursement Agreement, Tract 7912
Dear Ms. Stotts:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L HAUSOORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
In reference to your letter of December 15, 1986, this office has reviewed the
status of Master Planned Facilities within Drainage Area 1-01 and has found that
the fund balance for Drainage Area 1-01 is still in a deficit situation and facilities
remain to be constructed within the Area.
In accordance with Section 3 of the subject reimbursement agreement, the "City
shall not be required to reimburse developer until all master planned facilities
within the Drainage Assessment Area 1-01 have been constructed unless City
Council determines that the payment of such reimbursement will not jeopardize the
improvement or construction of master plan facilities....."
Should funds become available during the remaining term of the subject agreement
you will be notified.
Very truly yours,
CITY OF SAN JUAN CAPISTRANO
Brian Perry
Associate Civil Engineer
BP:nb
cc: Itity Clerk
Director of Adm. Services
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
0
W9U
The McMichael Company, Incorporated
December 15, 1986
City of San Juan Capistrano
Paseo Adelanto
San Juan Capistrano, CA 92675
ATTENTION: BRIAN PERRY
Associate Civil Engineer
REFERENCE: Drainage Reimbursement Agreement; Tract 7912
(also letter dated 12/30/85)
Dear Mr. Perry:
This is a follow-up to the Drainage Reimbursement
Agreement; Tract 7912 letter from your office, one year
ago, dated 12/30/85 (copy enclosed) on our reimbursement
agreement of $56,981.99.
According to your letter, the fund balance for
Drainage Area LO1 was in a deficit situation and the
facility remained to be constructed, well this was a
year ago and we would very much appreciate an update to
this situation as soon as possible.
Sincergly,
J
Toni Stott
Office Manager
TS/yp
Enclosures
cc: City Clerk
Director or Administrative Services
2201-A East Winston Road • Anaheim, California • 92806 • (714) 635-5400
•
December 30, 1985
Ms. Teri Black
The McMichael Company, Inc.
2201-A East Winston Road
Anaheim, California 92806
MEMBERS OP THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE P. BUCHHEIM
KENNETH E. PRIESS
GARY L. HAUSDORPER
PHILLIP R. SCHWART2E
CITY MANAGER
STEPHEN B. JULIAN
Reference: Drainage Reimbursement Agreement; Tract 7912
Dear Ms. Black:
In reference to your letter of December 18, 1985, this office
has reviewed the status of Master Planned Facilities within
Drainage Area L01. Currently, the fund balance for Drainage
Area L01 is in a deficit situation and facilities remain to
be constructed within the Area.
In accordance with Section 3 of the subject reimbursement
agreement the "City shall not be required to reimburse
developer until all master planned facilities within the
Drainage Assessment Area L01 have been constructed unless
City Council determines that the payment of such reimburse-
ment will not jeopardize the improvement or construction of
master plan facilities,....Il
Should funds become available during the remaining term of
the subject agreement you will be notified.
Very truly yours,
CITY OF SAN JJU"ANN CAPISTRANO
Brian Perry
Associate Civil Engineer
BP:kd
xc: City Clerk
Director or Administrative Services
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 498-1171
The McMichael Company, Incorporated
December 18, 1985
City of San Juan Capiotrano
23400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Manager
Dear Sir:
Our company entered into a reimbursement agreement with your city on
the 7th day of August, 1974, in the amount of $56,981.99.
This reimbursement agreement was to be repaid to us from drainage fees
collected from drainage assessment area LO1. We would like to have a
report from you as to fees that have been collected in drainage assess-
ment area LO1 since that time, and when we may expect to have these fees
forwarded to us per the reimbursement agreement.
Sincerely,
�Q,,
.rfyG�
Teri Black
Bookkeeper
2201-A East Winston Road • Anaheirn, Caldornia • 92806 • (714) 635-5400
AGREEMENT RE EASEMENT
05,
'r)
c,
I
THIS AGREEMENT made and entered into by and between
THE McMICHAEL CO., INC., hereinafter called "McMICHAEL"
and the TRABUCO WATER COMPANY, a corporation, whose true
name is TRABUCO WATER COMPANY, hereinafter called "TRABUCO."
WHEREAS, MCMICHAEL is purchasing that certain land
located in the City of San Juan Capistrano, County of
Orange, State of California, described as portions of Lot
14 and 17 of Block 2, of San Juan Capistrano, as per map
recorded in Book 3, Page 120 of Miscellaneous Records of
said County, and more particularly described in Exhibit "A"
which is appended to this agreement and made a part hereof
as though fully set forth; and
WHEREAS, TRABUCO has an easement over a portion of
said land, as more particularly set forth in Book 64,
Pages 202 of the Deed in Book 22, Page 341 of Deeds, and
in Book 22, Page 343 of Deeds, and in Book 474, Page 138
of Deeds; and that said easement is for the purpose of
irrigation, pipelines, and ditch purposes, and presently
said TRABUCO has an irrigation pipeline over a northwesterly
portion of said property hereinabove described; and
WHEREAS, it is the intention of McMICHAEL to subdivide
said land and according to the proposed subdivision map7912j
reference being made hereto to said proposed subdivision map
and said proposed subdivision map being incorporated herein
by reference as though fully set forth, and that said subdivi-
sion map if accepted by the City of San Juan Capistrano
will permit the building of duplexes over the said irriga-
tion line as it now exists; and
-1-
WHEREAS, such would materially affect McMICHAEL's proposed
subdivision; and
WHEREAS, McMICHAEL desires TRABUCO to quitclaim their
existing irrigation and ditch easements as hereinabove set
forth; and
WHEREAS, it appears as though in the near future there
will be no need for said irrigation line over McMICHAEL's
property or beyond MCMICHAEL's property to the south, as
said pipeline now exists; and
WHEREAS, in order to protect TRABUCO in the event there
is usage and need for said irrigation water beyond and to the
south of said McMICHAEL property, McMICHAEL is willing to
guarantee an easement over a portion of proposed Tract No.
7912 and along the street to the west of said Tract No. 7912,
known as Del Obispo Street;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. That TRABUCO will execute and deliver to McMICHAEL
a quitclaim deed of all of their right, title, and interest in
and to the property hereinabove described, including by way of
specification, and not limitation, their rights to an easement
for irrigation and ditch purposes.
2. That McMICHAEL agrees that it will give to TRABUCO
an easement for an irrigation line over the northeasterly 10
feet of Lot 29 of the proposed Tract No. 7912 in the County
of Orango, State of California.
3. That MCMICHAEL represents herein to TRABUCO that
it has a commitment from the City of San Juan Capistrano
that the City will permit an irrigation line to be put into
the public right-of-way along the easterly side of Del Obispo
Street in Tract No. 7912, provided that such irrigation line
-2-
E
F.
is requested and required by TRABUCO to serve their customers
to the south of Tract No. 7912 and that the said City will
require McMICHAEL to post a bond of sufficient value to pay
for the cost of such irrigation line if and when such irriga-
tion line is required by TRABUCO to serve any of its present
and existing customers, or their heirs, assigns and/or devisees.
4. That McMICHAEL covenants and agrees not to record said
easement until Tract Map No. 7912 has been approved by the City
of San Juan Capistrano, for recordation; and McMICHAEL further
covenants and agrees not to permit the recording of said quit-
claim deed from TRABUCO until arrangements have been made with
the City of San Juan Capistrano for the deposit of the bond as
hereinabove set forth, pursuant to the requirements of the City
of San Juan Capistrano.
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that
in the event all of the property now being served to
the south of McMICHAEL's proposed Tract No. 7912 is served
by other water services such.as the City of San Juan
Capistrano and the line has no further purpose nor effect,
and there are no customers for its use, then it is agreed
that TRABUCO will execute all necessary and proper docu-
ments to permit the withdrawal of the bond by McMICHAEL
to the City of San Juan Capistrano and will further quit-
claim back to McMICHAEL or its heirs, assigns or devisees,
-3-
4b . .. - ft
THAT PCRTION OF LOTS 14 AND 17 IN BLOCK 2 OF SAN JOAN CA.PEITRANO AS
PER mAP RECORDED IN BOOK 3. PAGE is20 OP MISCELLANEOUS R.ECORCS, N
THE OFFICE OF THE COUNTY RECORDER OF 105 ANGELES COUNTY, STATE OF
CALIFORNIA, TOGETHER WITH THAT PORTION OF SZC TFON ie TOWNSHIP 8 :GUTH;,
RANGE 8 WEST, OF THE SAN SERNAR.DINO MERIDIAN ACCORDING TO THE
OF°FIC: AL PLAT OF SAID LAND FILED IN :HE DISTRICT LAND OFFICE, ALL
;N THE CITY OF SAN JUAN CAPISIRANOO COUNTY Of ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS.
BEGINNZNG AT THE POINT OF INTERSECTION OF THE CENTER LINE OF MCKINLEY
AVENUE AS DESCRIBED IN THE DEED TO ORANGE COUNTY, RECORDED SEPTEMBER
10TH, 1930 IN BOOK 418, PAGE 276 OF OFFICIAL RECORDS, WITH THE WESTERAY
EXTENSION OF THE NORTHEASTERLY LINE OF LOT 67 OF TRACT N0. 1030 AS SHOWN
ON A MAP RECORDED IN BOOK 11, PACE 29 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA; THENCE RUNNING NORTH 340 040 EAST ALONG THE
CENTER LINE OF SAID MCKINLEY AVENUE, 954.36 FEET TO THE BEGINNING
OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 300 FEET; THENCE
EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 31.23 FEET THROUGH
F,4GLE CF 50 520 44'' TO A POINT, SAID POINT BEING 1.65 FEE! SOUTH 570
120 30" EAST FROM A POINT IN THE TANGENT LINE OF SAID CURVE 30.89 FEET
NORTH 340 040 EAST FROM THE SAID BEGINNING OF SAID CURVE; THENCF SOUTH
570 121 30" EAST 188.35 FEET; THENCE SOUTH 580 12° 30" EAST 137.52 FEET;
THENCE SOUTH 570 12° 30" EAST 650.93 FEET TO A POINT LOCATED 12.0
FEET SOUTH 420 030 30F° WEST FROM AN IRON PIPE MARKING A POINT 125.50
FEET NORTH 570 120 30" WEST FROM A POINT IN THE NORTHWEST LINE 0: LOT 15
IN BLOCK 2 OF SAN JUAN CAPIISTRANO, AS SHOWN ON A MAP RECORDED IN BOOK 3,
PAGE 120 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA;
THENCE SOUTH 420 030 30" WEST 142.64 FEET TO A POINT IN THE NORTH—
EASTERLY LINE OF LOT 1 OF THE PARTITION OF PART OF LOT 17 IN BLOCK 2
OF SAN JUAN CAPIS'eRANO, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 4 0.'
RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE. COUNTY,
CALIFORNIA., SAID POINT BEING SOUTH 590 EAST 17.05 FEET FROM `o HE MOST
NORTHERLY CORNER OF SAID LOT 1; THENCE SOUTH 420 190 30" WEST 870.:5 FEET
TO THE NORTHEASTERLY LINE OF SAID LOT 67,, TRACT NO. 103, SAID POIN" _
BEING 16.95 FEET SOUTH 570 100 30" EAST FROM THE MOST WESTERLY CORNER
OF SAID LOT 1; THENCE NORTH 570 100 30" WEST ALONG THE NORTHEASTERLY
LINE OF SAID LOT 67p TRACT NO. 1039 AND THE NORTHWESTERLY ESTENIION
THEREOF 844.95 FEET TO THE POINT OF BEGINNING.
that certain easement which McMICHAEL has hereinbefore
granted to TRABUCO over the northeasterly 10 feet of
Lot 29 of Tract No. 7912.
THE MCMICHAETb CQ INC.
i
Em
Secretary
TRABUCO WATER COMPANY
BY �-C����,� ,
resident
By .
Secretary
STA TF: 0p CORPO
RATE ACKNOWLEDGMENT
('OUNTY OF
On this }ss„
- day of _ )
Ile 19 before
co po a�on ton executing the above me personally appeared
0
or the uses and a instrument, and acknow]edged said ' to m
- purposes e known to b
y therein mentionedhe
e(
and on oath stated that the
to he the free and
hat the sea] °oluntar
affixed is tho y act
seal of saidaCorporation aof nd
MIM
9
Tne MCM Cnaei (,ornpany, Incorporat;-
December 18, 1985
City of San Juan Capistrano
23400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Manager
Dear Sir:
Our company entered into a reimbursement agreement with your city on
the 7th day of August, 1974, in the smount of $56,981.99.
This reimbursement agreement was to be repaid to us from drainage fees
collected from drainage assessment area L01. We would like to have a
report from you as to fees that have been collected in drainage assess-
ment area LO1 since that time, and when we may expect to have these fees
forwarded to us per the reimbursement agreement.
Sincerely,
Teri Black
Bookkeeper
2201-AEastWinstonnoad • Ananeri i.0 ai!ur, c • 9280 • ;7114)63E-`
SAN J Pf TRA41C,i CA4:LPORNIA 92673
� a I
,�FYdN1949,7t117>' a d
September 27, 1984
Mr. Dennis G. Foster, President
The McMichael Company, inc.
2201-A East Winston Road
Anaheim, California 92806
Reference: Drainage Reimbursement Agreement; Tract 7912
Dear Mr. Foster:
In reference to your letter of August 24, 1984, this office
has reviewed the status of Master Planned Facilities within
Drainage Area L01. Currently, the fund balance for Drainage
Area L01 is in a deficit situation and facilities remain to
be constructed within",the Area.
Should funds become available during the remaining term of
the subject agreement you will be notified.
Very truly yours,
CITY OF SAN JUAN CAPISTRANO
Geo ef Lohnes, Jr.
City Engineer
GML/CMB:ol
xc: City Clerk
Director of Administrative Services
1
5;400 PASO ADELA NTO' }
SAN R%AN CAPISTRANO, CALIFORNIA 92673
HONE 493•11+77 -
August 6, 1979
The Mc Michael Company
2201-A East Winston Road
Anaheim, California 92806
Attention: Mr. Robert M. Cross
Dear Sir:
SUBJECT: Drainage Reimbursement Agreement --Tract 7912
In response to your letter dated July 19, 1979 we direct
your attention to Section 3 of the subject reimbursement
agreement. This section reads in part as follows:
113. COMPLETION OF MASTER PLANNED FACILITIES: City
shall not be required to reimburse developer until
all master planned facilities within the Drainage
Assessment Area L01 have been constructed unless
City Council determines that the payment of such
reimbursement will not jeopardize the improvement
or construction of master plan facilities,...:"
The city has completed approximately 20% of all Master -
planned Drainage Facilities within area L01. Accordingly,
this office cannot estimate when the remaining facilities
will be complete or when the subject fees may be reimbursed.
If this office can be of any further assistance please
contact me at 493-1171, ext. 213.
Very truly yours,
CITY OF SAN JUAN CAPISTRANO
� .tib •� _-
C.M. Bryan
Principal E.ugineering Aide
R
CMB:rh
men
wOODSHMIK WOTA & ASSOCIA76.s, ixc.
MEMORANDUM
TO:
FROM:
SUBJECT:
SITUATION:
AUGUST 7, 1974
W. D. MURPHY, PUBLIC WORKS DIRECTOR
CITY ENGINEER'S OFFICE
STORM DRAIN REIMBURSEMENT AGREEMENT FOR TRACT 7912 (MCMICHAEL)
A REQLIREMENT OF THIS SUBDIVISION WAS THE CONSTRUCTION OF A PORTION OF THE MASTER
PLAN OF DRAINAGE SYSTEM. THE DEVELOPER WAS REQUIRED TO CONNECT TO AN EXISTING
STORM DRAIN UNDER DEL OBISPO STREET AND EXTEND IT SOUTHEASTERLY TO ALIPAZ STREET.
THE COST OF THIS CONSTRUCTION WAS CONSIDERABLY MORE THAN THEIR SHARE OF DRAINAGE
FEES. THEIR TOTAL COST FOR ENGINEER, CONSTRUCTION AND INSPECTION CAME TO $73,778.32.
THEIR APPROPRIATE FEES were $16,796.33. THEREFORE, THEY ARE entitled TO A
REIMBURSEMENT AGREEMENT FOR THE DIFFERENCE OF $56,981.99. THE REIMBURSEMENT
AGREEMENT HAS BEEN PREPARED)APPROVED BY THE CITY ATTORNEY AND SIGNED BY THE
MCMICHAEL COMPANY,INC. SEE ATTACHED DOCUMENT).
ALTERNATE ACTION:
1. HOLD FOR ADDITIONAL INFORMATION.
2. RECOMMEND CHANGES IN THE AGREEMENT.
3. APPROVE THE AGREEMENT.
RECOMMENDATION:
BY MOTION, APPROVE THE AGREEMENT AND AUTHORIZE THE CLERK AND MAYOR TO SIGN FOR
THE CITY.
RESPECTFULLY SUBMITTED,
JACK Y. KUBOTA, CITY ENGINEER
REVIEWED BY L) (// BY
W. D. MURPII�l
CITY Cp NCIL GEOR E. MADSEN
PUBLIC WORKSllIRE CTOR SENT R PROJECT ENGINEER
TRACT 7912 ................................. .
7-7
3
-
791
F
D:N