1986-0317_BARWICK DATSUN AGENCY_Agreement "City Copy"
Recording Requested by EXEMPT Receing Fees Exempt Due to
When Recorded Return to: C] Government Code Section 6103
City Clerk ' s Office
City of San Juan Capistrano
32400 Paseo Adelanto Mary AlyVHanover, City Clerk
San Juan Capistrano, CA 92675 867092451' San Juldn Capistrano, CA 92675
AGREEMENT
5 1 l i
THIS AGREEMENT is made this 17th day of March 1986 , 7/
by and between the City of San Juan Capistrano, hereinafter called
"CITY" , and Barwick Datsun Agency, hereinafter called "DEVELOPER" .
W I T N E S S E T H :
WHEREAS, DEVELOPER desires to extend a previous agreement made
with CITY in connection with the construction of a commercial
establishment at 33379 Camino Capistrano, in the City of San Juan
Capistrano; and
WHEREAS , the Zoning Ordinance of the City of San Juan
Capistrano requires the aforesaid DEVELOPER to do and perform the
following as a condition of said development:
1 . Dedicate for street and highway purposes a total width
of ninety-seven (97) feet for Camino Capistrano.
2. Install complete street improvements for a curb-to-curb
width of eighty-four (84) feet, including the following:
a) Street paving RECORDED IN OFFICIAL RECORDS
b) Curbs and gutters OF ORANGE COUNTY CALIFORNIA
c) Sidewalks
d) Ornamental street lights -222 PM MAR 7 '86
e) Drainage facilities
f) Sanitary sewer facilitiesCOUNTY
g) Water facilities "ECO"DER
3. Underground existing overhead utilities pursuant to the
City' s ordinance; and
WHEREAS, DEVELOPER has complied with Item 1 and has completed
the construction of Items 2-e) , 2-f) , 2-g) , 3, and a portion of
2-a) , hereinabove descri-bed; and
WHEREAS, the DEVELOPER desires to postpone the remainder of
the aforesaid requirements for a period of three (3) years or six
(6) months after call of the City Council, whichever shall occur
sooner; and
WHEREAS, the CITY deems it appropriate to construct improve-
ments on Camino Capistrano in conjunction with development adjacent
to DEVELOPER' S property.
�: 86-09245f
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CORPORATE ACKNOWLEDGMENT NO,202
State of Ca 1 i fnrn i a On this the4th day of March 19 86A before me,
SS.
County of Orange Mary Ann Hanover
the undersigned Notary Public, personally appeared
Phillip R. Schwartze
CR personally known to me
proved to me on the basis of satisfactory evidence
OPP7CIAL SEAL to be the person(b7 w
' MA^" VIN NANOVER who executed the within instrument as
m 4a NOTARY PUBLIC - CALIFORNIA Mayor or on behalf of thQ`ca} It�ein
° ORANGE COUNTY named,and acknowledged to me that the bl��rl FRA cuted it.
-� My comm. expires APR 20, 19M WITNESS my hand and official Be
Notary's Sign rd-
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e]120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O.Box 4625 Woodland ridls,CA 91365-4625
CORPORATE ACKNOWLEDGMENT NO.202
State of r ,R l i fnrnia On this the 9th day of March 19$x, before me,
SS.
County of Orange Mary A. Carlson
the undersigned Notary Public, personally appeared
Mary Ann Hanover
gl personally known tome
:NOTARY
FICIAL7JAN5,
El proved tome on the basis of satisfactory evidence
to be the personk)who executed the within instrument as .
RY A CAmunic 71�Ja1
PUBLIC - IA City Clerk or on behalf of.th�Cor oratoTtherein
ORANGE COnamed,and acknowledged to me that the)eorporatlolrpexe�cuted it.
m. expires988 WITNESS my hand and official seal.
Notary's S t re
)'20122 NATIONAL NOTARY ASSOCIATION 0 23012 Ventura Blvd. • P.O.Be.4625 Woodland Hift CA 91365-4625
C= 86-0051
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CORPORATE ACKNOWLEDGMENT NO.202
State of ('a I i fnnn i a On this the 4th day of March 19-9 before me,
SS.
County of Orange Mary Ann Hanover
the undersigned Notary Public,personally appeared
Phillip R. Schwartze
[X personally known to me
proved to me on the basis of satisfactory evidence
OFFICIAL, SEAL
MA3Y ANN NANOVER p �to be the erson who executed the within instrument as
.,.� NOTARY PUBLIC -CALIFORNIA Mayor or on behalf
llof tCh7vcc� fi ein
ORANGE COUNTY named,and acknowledged to me that the/-VrpDr1dT161'te Cuit
My mmm. expires APR 20, 1888
WITNESS my hand and official Be
Notary's Sig n06
re
7120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. P.O.Boz 4625 • Woodland Hills,CA 91365-4625
CORPORATE ACKNOWLEDGMENT NO.202
State of CaIifnrnia Onthisthe5_1:hdayof March 19$Fi-, before me,
SS.
County of Orange Mary A. Carlson
the undersigned Notary Public,personally appeared
Mary Ann Hanover
® personally known tome
OFFICIAL SEAL El proved tome on the basis of satisfactory evidence
to be the personto)who executed the within instrument as .
MARY A CAR'!�nN municX1
NOTARY PUBLIC - CALIFORNIA City Clerk or on behalf of.thcorgqoratlo 'ti
NOTARY
ORANGIZ COUNTY named,and acknowledged to me that theArporatlolrWe uted it.
My comm. expires IAN 5, 1988 WITNESS my hand and official seal.
Notary's S�a
7120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura BIW. • P.O Box 4625 • Woodland Hill;CA 913654625
06-092451
NOW, THEREFORE, for and in consideration of the mutual
promises hereinafter contained, the parties hereto agree as
follows :
1 . DEVELOPER shall provide improvement plans and construct and
install the remaining public improvements for Camino Capistrano
in front of and contiguous to his property, said improvements to
include required street section, curb and gutter, sidewalk, and
street lights, all to the satisfaction of the City Engineer, and
shall post a Faithful Performance Bond thereon in an amount of
Forty-one thousand four hundred dollars ($41, 400) as the estimated
cost of said public improvements.
2 . DEVELOPER shall not be required to underground the existing
overhead powerline located on the " freeway side" of Camino
Capistrano.
3. DEVELOPER and CITY agree that Exhibit "A" , attached hereto and
by reference made a part hereof, shows the public improvements to
be completed.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement on the date first above written.
CITY OF SAN JUAN CAPISTRANO
ATTEST: By
PHILLIP A. SCHWARTZE, MA OR
MARY ANIW HANOV R, CITY CLERK
BARWICK DATSUN AGENCY
APPROVED AS TO FORM:
By
K. R. BARWICK, PRESIDENT
A_-A 44-61�
J -DHAW, TY ATTORNEY
-2-
86=092451
STATE OF
ss.
COUNTY OF
ON
before me, the undersigned, a tary Public in and for said State, personally appeared
known to me,
to b. the person— whose name—_1_S S subscribed to the within Instrument,
and acknowledged to me that_he_ executed the same.
OFFICIAL SEAL WITNESS my hand and official seal.
EVE CHRISTINE COLE
�;) Oiisd;�5 COUNTY
Vy Commission Exp.6/25/86
Notary Public in and for said State.
8692451'
STATE OF
ss.
COUNTY OF ) U� uefore
21i.,�6 me, theea tart' Pfor said State, personally appeared
known to me,
to b: the person_whose name_ I S subscribed to the within Instrument,
and acknowledged to me that_he—executed the same.
OFFICIAL SEAL WITNESS my hand and official seal.
y _ EVE CHRISTINE COLE
COUNTY
Nry Commission Exp. 6/25/86 CA t ILL
Notary Public in and for said State.
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