1976-0707_BENCH, GARY K._Agreementk
AGF_EEp aT RELATING TO TETE POSTPONi:.dENT OF
REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS
This agreement is made as of this 7th day of
July , 1976 , by and between the City of San Juan
Capistrano, hereinafter called "CITY" and GARY K. BENCH
herein.:fter called "Developer'.
W I T N E S S E T H:
WHEREAS, Developer is the owner of certain property in
the City of San Juan Capistrano described as:
and,
Assessor's Parcel 649-101-05•, also known as
31527 Aguacate Road, San Juan Capistrano, California;
WHEPTAS, De --.eloper seeks the permission of the CITY to:
Postpone the installation of underground public utilities;
and,
WHEREAS, the use contemplated by Developer will add to
the municipal responsibilities of an require further municipal
services from CITY; and
WHEREAS, Developer should properly undertake his share of
the aforesaid additional burdens; and
WHEREAS, the City Council has heretofore declared that all
overhead utilities within the City of San Juan Capistrano will, at
an appropriate time, be placed underground; and
WHEREAS, the requirement that Developer underground the
existing overhead utilities is a reasonable condition to the granting
of authority herein sought; and
WHEREAS, Developer desires to postpone the actual
!'installation and dedication of said improvements until such time
'as CITY shall require them.
NOW THEREFORE, Developer hereby agrees that the existing
utility lines will be placed underground upon call of the CITY and
declares that all of the property herein described is and shall be
held, conveyed, hypothecated or incumbered, leased, rented, used,
occupied and improved subject to the following covenants, which shall
run with the land and shall be binding upon all parties having or
acquiring any right, title or interest in said lands or any part
thereof;
1. Devel or, his successors and as__gns, covenant and
agree that the utility lines depicted on Exhibit A attached hereto
r and b this reference made a
y part hereof, shall be placed under-
ground on call of the CITY;
2. Accordingly, Developer further covenants and agrees
that no protest shall be made to any proceedings for the instal-
lation of underground utilities, under any special assessment
proceedings, whether conducted pursuant to the Improvement Act of
1911 or the Municipal_ Improvement Act ---of 1913, or any other applicable
state or local law, and whether processed by the CITY or any other
governmental entity having jurisdiction in the matter and for the
purposes of determining property owners' support for such proceedings.
This agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors and assigns,
IN WITNESS WHEREOF, the parties have exr2^uted this
agreement as of the date first above written.
ATTEST:
iARY ANN .1'OVER, CITY CLERK
Approv d as to Form:
�i•iEs S. oi:azahl
CITY OF SAN JUAN CAPISTRANO
•
DEVELOPER
By
GARY,Y. BENCH J
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