Loading...
1979-1219_CLAMPITT, GARY_AgreementRECORDNG ESTED Y AND GE�NTFEES WHEN RECORDEDURETURNBTO: ' j0 34135 CODEESECTIONDUE 6103 T City of San Juan Capistraho Office of the City Clerk 32400 Paseo Adelanto �..0 r� G MARY ANN HANOVER, City Clerk W 4- San Juan Capistrano, CA 92675 San JuAn Capistrano, California 4 - W t 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 Pmxxeu:w•.:<r:.,,w:,;n,u»a.,c:.wawaraL.�umxa:•,.:wYw.w.xv..; a._. n�� _. :;�6Ye0.�:,, nnN -.11C:dSu:tnYL4i`.a0LL�1r6rLiF{pd16Se9N5tfYfi:y'."u..� .. . 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 f4>� /. ri�'r.r<r � Li caitFoutilA r;"�� rur.Ln. c;:pirts' i1Pn 14, 1^80 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. ACKNOWLEOGMFNt—Caro.—Pref. GSea—WOIcoW farm 226=06r.3 6K 13448 PG EX / ST G7 EX15 T -':C7 POLE --i DVHD. ,I ruTURE UG ND. SERY�GE .NEW OVND SEFRVIGE 82 FUTURE UC ND. FEEDER EL 440RN() STREET Exhibit A