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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 c _ z=�c� rn < m rn o - O ao a.v -2- . 4. 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 etre OFsaa-11AV e Pi,5re,4AW 44HI /O C4P/5r1eA,uO /N1PRo!/EHENTS W SAW aft~ �XN/$!7', A , 97• F.GCaNNY oz. N► FS COWIST Pt.Q 3iaew�wtK d'� ' co �/eT. W,eO s - �� �• � � w.vo evrree , �•�•��' ryPICAL SEcT/ON �NO SLAGEJ 54444Fj \ N AR Wft^�l ` ��`�(%�/ NOTE; /.vSTALL LST.EEGr � raver. ac.t. � G/GN75 PGR GTY 00 ' S�OEA/glw' o.PivE gvow'aacH . STANOAR05 � R� ER/37� Jr - - eO.rsr rue LONST .0.4 ` ` 41t✓?eR Ea"/STl. 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