1979-0707_BENCH, GARY K._Transmittal Agr to Gary BenchSAN
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PIS TRANO; CgL4'P 01 92675
July 19, 1976
Mr. Gary K. Bench
Po• -Sax 7df
�es#a-.A4aca, California
S 3't
Re: Agreement for Postponement of Installation of
Underground Utilities
Dear Mr. Bench:
At their meeting of July 7, 1976, the City Council
approved the Agreement for the postponement of the installation
of public utilities in connection with your property at 31527
Aguacate Road. Enclosed is your fully -executed copy of said
Agreement.
Very truly yours,
(MRS) MARY ANN HANOVER
City Clerk
MH/m
Enclosure
cc: Director of Public Works
AGH_EE,OT RELATING TO THE POSTPO",ENT OF
REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS
This agreement is made as of this 7th day of
July , 1976 , by and between the Cit y of San Juan
Capistrano, hereinafter called "CITY" and GARY K. BENCH
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:
and,
Assessor's Parcel 649-101-05•, also known as
31527 Aguacate Road, San Juan Capistrano, California;
WHEREAS, Dc✓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, h}'pothecated or incumbered, leased, rented, used,
occupied and improved sub}ect 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;
�O
1. Devel br, his successors and a-*gns, covenant and
agree that the utility lines depicted on Exhibit A attached hereto
and by this reference made a 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 1.913, or any other applicable
state or local law., and whether processed by the CITY or any other
governmental entity having-urisdiction 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 exp-uted this
agreement as of the date first above written.
CITY OF SAN JUAN CAPISTRANO
By 4_ 6&4v_ �—
MAYOR
DEVELOPER
GARY IV..BENCH
ATTEST:
iARY ANN %HOVER, CITY CLE'dK
Approv d as to Form:
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