03-0715_ST.PIERRE, PAUL_Agenda Report_D12 7/15/2003
D12
AGENDA ITEM
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: Consideration of Approval of a Drainage Acceptance and Storm Drain
Access Agreement; Paul St. Pierre (Lot 21, Tract 11826; 31982 Paseo
Sagrado)
RECOMMENDATION:
By motion,
1. Approve the Drainage Acceptance and Storm Drain Access Agreement.
2. Authorize the Mayor to execute the Agreement.
3. Direct the City Clerk to forward the Agreement to the Orange County
Recorder.
SITUATION:
A. Summary and Recommendation:
In order to maintain flow of a natural drainage course and to provide a modified
access to an existing, improved storm drain, Mr. Paul St. Pierre has provided the
subject Agreement. Staff recommends approval of the Agreement.
B. Background:
Mr. St. Pierre has recently requested permits to improve portions of his property.
This site is 1.34 acres, located at the southwest corner of the second phase of
Hidden Mountain Estates.The northwest corner of the site is impacted by an existing
storm drain. Due to proposed fencing, the existing access will be blocked. Mr. St.
Pierre has agreed to allow City crews access by way of a gate located adjacent to,
but outside of, the dedicated storm drain easement.
In addition, the southerly portion of the property is impacted by a natural drainage
course flowing from several uphill properties. It is unknown why a drainage
easement was not included in the original subdivision. In order to maintain
unimpeded flow, the City has requested the proposed block wall be eliminated in
favor of an iron fence and gate. This will allow the flow to continue though the St.
Pierre property to an inlet at the west side of the property.
Staff has prepared the subject Agreement which will be recorded against the
property and be binding to future owners of the pr
FOR .-CITY COUNCIL ASE
AGENDA ITEM -2- July 15, 2003
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COMMISSION/BOARD REVIEW AND RECOMMENDATION:
Not applicable.
NOTIFICATION:
Mr. & Mrs. Paul St. Pierre
Hidden Mountain Estates Homeowners Association
c/o Sheryl Uggen, Keystone Pacific Property Management
FINANCIAL CONSIDERATIONS:
There is no cost to the City by this action.
ALTERNATE ACTIONS:
A. 1. Approve the Drainage Acceptance and Storm Drain Access Agreement.
2. Authorize the Mayor to execute the Agreement.
3. Direct the City Clerk to forward the Agreement to the Orange County Recorder.
B. Do not approve the Agreement.
C. Request additional information from staff.
RECOMMENDATION:
By motion,
1. Approve the Drainage Acceptance and Storm Drain Access Agreement.
2. Authorize the Mayor to execute the Agreement.
3. Direct the City Clerk to forward the Agreement to the Orange County
Recorder.
Respectfully submitted, Prepared by,
William M. Huber R. An hony Foster
Director of Engineering and Building Engineering Assistant
Attachments: 1. Location Map
2. Area Detail
3. Drainage Acceptance and Storm Drain Access Agreement
stpierreagenda
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ATTACHMENT 1
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ATTACHMENT
Affects: Legal Description: Lot 21, Tract 11826
Recorded in Book 563, Page 19-26
Assessor's Parcel: 664-101-19
Mailing Address: The St. Pierre Trust
C/o Paul and Nancy St. Pierre
31982 Paseo Sagrado
San Juan Capistrano, CA 92675
DRAINAGE ACCEPTANCE AND STORM DRAIN ACCESS AGREEMENT
This Agreement, made this day of , 2003, between the
CITY OF*SAN JUAN CAPISTRANO ("City") and MR. PAUL ST. PIERRE ("Owner"),
representing the St. Pierre Trust, is for the purpose of establishing access to City storm
drain facilities and to ensure unimpeded flow of natural drainage within Lot 21 of Tract
11826 ("Property"). Said Agreement is binding on the heirs, successor's and assignees
of Property and shall run with the land and be enforceable to the full extent permitted by
applicable law.
Owner does hereby acknowledge and agrees to the following:
That surface drainage from uphill properties affects and traverses the most southerly 80'
(eighty-feet) of Property. With the exception of those improvements shown on a plan
approved by Building Permit No. , on file with the City Building
Department, Owner hereby agrees not to impede. nor modify drainage without prior
approval by the City Engineer of the City. Said impediments shall include, but not be
limited to, installation of fencing and grading modifications.
Owner also acknowledges that installation of proposed fencing impedes the City's ability
to access an existing storm drain facility located at the northwest quadrant of the Property.
Owner herein allows access to the City to said storm drain facility. Access will be taken via
a proposed gate located adjacent to the roadway boarding the most westerly property
boundary. City hereby agrees to notify Owner prior to requiring said access, except if City
is unable to contact Owner during an emergency repair or emergency maintenance
situation.
City of San Juan Capistrano Property Owner:
John S. Gelff, Mayor Mr. Paul St. Pierre,
Trustee of the St. Pierre Trust
(Notarized Signature)
Approved As to Form: Attest:
John Shaw, City Attorney Margaret R. Monahan, City Clerk
ATTACHMENT 3