1983-0317_BARWICK DATSUN AGENCY_Agreement 83-127638 . EXEMPT
C2
Recording Reauested by and Recording Fees Exempt Due to
When Recorded Return to: Government Code Section 6103
City Clerk' s Office 83-X27638
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675 Mary A Hanover, City Cler
San Ju n Capistrano, CA 92675
AGREEIMENT
THIS AGREEMENT is made thisday of c2 L_c 4 1983 ,
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
OkDS
b) Curbs and utters RECORDED IN ONTY, CL RcORNIA
g OF ORANGE COUNTY, CALI"r9NNIA
c) Sidewalks
d) Ornamental street lights .1225 PM VAR 25 '83
e) Drainage facilities
f) Sanitary sewer facilities
g) Water facilities LEE A. BRANCH, County Recorder
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 described; 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.
• 8 �-127638 •
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
Canistrano.
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:
BAM
/ AWRENCE "UCHHEIM, AYOR
4 RYOr�cCI C E
MARY AN H VER, CITY/CLE K
BARWICK DATSUN AGENCY
APPROVED AS TO FORM: By�
K. R. B , President
�E S. OKAZAKI , C Y ATTORS. OKAZAKI , C Y ATTORNEY
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State of CALIFORNIA )1 On this the-1 Ei1day of _ Maw ch 198 3 ,before me,
County of ORANGE ( SS. Nina M. Archbold
111 the undersigned Notary Public,personally appeared
4 Cheryl Johnson
C% personally known tome
=OFFIC&IAL SEAL ❑ proved tome on the basis of satisfactory evidence
IS A M ARCHOW to be the person(s)who executed the within instru nt as
FVkIC • CALIFORNIA Deputy City Clerk un.icipal
O il0 C r — or on behalf of thelcorporatton therein
r�. ^rpi:es AT3 7, 1806' named,and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Nota Signature
CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION•23012Ventura Blvd,•Woodland Hills,CA91364
FalofofIFORNIA ]4ayof March
On this the 16 t 198�before me,
SS.
ANGE Nina M_ Arnhhnl c
the undersigned Notary Public,personally appeared
Lawrence F. Buchheim
❑Xpersonally known to me
❑ proved tome on the basis of satisfactory evidence
OFFICIAL SEAL to be the persons)who executetl the within instrut � ip al
NINA M ARCFIBOID Mayor or on behalf of the/corporiion therein
TARY I IC• CLLf80RII AORANOt: Ynamed,and acknowledged to me that the corporation executed it.
y eemm. exykss MR 7, 19M WITNESS my hand and official seal.
Notary's Signature
CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd ,Woodland Hills,CA 91364
State of California On this the 17 day of March 1983, before me,
Orange I
SS. Ruth E. Marquard
Countyof
the undersigned Notary Public, personally appeared
K. R. Barwick
• .• OFFICIAL SEAL personally known to me
RUTH EtAAROUARD
NOIARv nIIRI.c nl(FMONIA 3t proved to me on the basis of satisfactory evidence
07ANG17 ".... ` to be the person(s)whose name(s) ; c subscribed to the
My comm. expires MAY °', t984 within instrument,and acknowledged that he executed it.
V WITNESS my hand and official seal.
OFFICIAL SEAL Vit'
RUTH E MARQUARD
m NOTARY PUBLIC • CALIFORNIA Notary's Sign tore
ORANGE COUNTY
GENERAL AC fffNTVCRW 110052 NATIONAL NOTARY ASSOCIATION,23012 Ventura Blvd.•Woodland Hills.CA 91364
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