1979-1219_CLAMPITT, GARY_AgreementRECORDNG ESTED Y AND
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City of San Juan Capistraho
Office of the City Clerk
32400 Paseo Adelanto
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MARY ANN HANOVER, City Clerk W
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San Juan Capistrano, CA 92675
San JuAn Capistrano, California
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALi'"T-'MA
S min' 4 P.M. DEC 271878
Past
v
LEE A. BRANCH, County Recorder
AGREEMENT RELATING TO THE POSTPONEMENT OF
REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS
This agreement is made as of this 19th day of
December 1979 , by and between the City of San Juan
Capistrano, hereinafter called "CITY" and Gary Clampitt ,
hereinafter 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:
Lot 17 of Block 5 of Tract 808, as shown on a
map recorded in Book 24, page 23, of Miscellaneous
Maps of Orange County California; and
WHEREAS, Developer seeks the permission of the CITY to:
Install overhead electrical service to a new
single family dwelling; and
WHEREAS, the use contemplated by Developer will add to
the municipal responsibilities of and 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,
BK 13 4 4 8 --AO 80
NOW THEREFORE, Developer hereby agrees tt.at 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 cove-
nants, 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 aprt thereof;
1. Developer, his successors and assigns, covenant and agree
that the utility lines depicted on Exhibit A attached hereto and
by this reference made a part hereof, shall be placed underground
on call of the CITY;
2. Accordingly, Developer further covenants and agrees that
no protest shall be made to any proceedings for the installation
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 govern-
mental 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 executed this agreement
as of the date first above written.
ATTEST:
MARY ANN MNOVER, CITY CLERK
Approved as to Form:
- - _ ' C -e-t tAt z
MES S. OKAZAKI
-2-
CITY OF SAN JUAN CAPISTRANO
KENNETH E. FRIESS, MAYOR
DEVELOPER
GARY CLAMPITT
By___L ✓�'G
State of
California
Orange ss.
County of
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GENERAL ACKNOWLEDGEMENT FORM
On this the 29TH day of NOVWber 1979 , before me, W
the undersigned Notary Public, personally appeared
W
GARY CLAMPITT
CO
known to me to be the person(s) whose name(s) is subscribed -o
to the within instrument and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. co
STATE OF CALIFORNIA,
ss.
COUNTY OF ORANGE ))
City of San Juan Capistrano
C, L IAL SEAL
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STATE OF CALIFORNIA,
DOUNTY OF ORANGE
City of San Juan Capistrano
OFFICIAL SEAL
k CHERYL A .IOHN50N
NOTARY PUBLIC - CALIFORNIA
OMNG'� COUNTY
toy comm. expires 0"eC 28, 1981
ON December 19 19 79
before me, the undersigned, a Notary Public in and for the said State, personally appeared
KrIMETH E. FRIESS known to me to be the
Mayor PMMAX, and_ , known to me
to be the `Secretary of City of San Juan Capistrano
the/Corporation that executed the withm Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein named, and acknow,edged
to me that such Corporation executed the within Instrument pursuant to its bylaws of a
resolution of its board of directors.
WITNESS my hand and official seal
ON December 20 1919—,
before me, the undersigned, a Notary Public in and for the said State, personally appeared
known to me to be the
President, and MARX ANN 11ANOVER , known to me
to be the r i tv (1 erk $e r goy of City of San Juan Capistrano
the Carpomtion that executed the aiihin Insirurnent, known to me to be the persons who
executed the within Instrument, on behait of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its bylaws or a
resolution of its board of directors. -
WITNESS my hand and official seal.
Mary Public in a0lo, said state.
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Exhibit A