1977-1116_SANDERSON III, ROWE & SUSAN_AgreementRecording .Requested by
BK.1247CP6 139
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City cif San Juan Capistrano E„F��PT
-34044
Of*icc• n1' tic Citi C)ceric
32400 Paseo Adf•lanto �9
3:zr. Juan Capistrano, CA 9267
RECORDING
FEES
EXEMPT DUE TO
GOVERNMENT CODE
SECTION 6103
CORDED INOFFiCiALRECORDSfar
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FORANGE COU NTY, CA��FORNIA
San Jua4i
Capistrano,
California
9.05 A.M. NOV 28 1977
1.WYUECARLYLLCowztymc"dsr I (DOL 77-6, Undergrounding of
Utilities)
AGREEMENT RELATING TO TILE POSTPONEMENT OF
REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS ob
THIS AGREEMENT is made as of this 1.6th day of November
1977, by and between the City of San Juan Capistrano, hereinafter
Called "CITY", and ROWE SANDERSON III AND SUSAN L. SANDERSON ,
hereinafter called "OWNER." (DL 77-6)
W I T N E S S E T H:
WHEREAS, OWNER is the owner of certain property in the City of
San Juan Capistrano described as: Being a portion of Lot 1, Tract 318 as
shown on a map recorded in Book 14, page 39, Miscellaneous Maps, Records
of Orange ._�ounty, California, and a portion of -the southwest 1/4 of
Section 1, T.SS, R.8W SBB&M.
WHEREAS, OWNER seeks the permission of the City to:
Divide said real property into three parcels
WHEREAS, the City Council has directed that the property owners
of the property described above shall participate in a public improve-
ment district to guarantee the future construction of public
improvements; 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 undergrounding of utilities will benefit OWNER'S
land and the requirement that OWNER underground the exist`ng overhead
utilities is a reasonable condition to the granting of authority
herein sought; and
WHEREAS, OWNER desires to postpone the actual installation and
dedication of skid improvements until such time as CITY shall require
them.
NOW, THEREFORE, OWNER hereby agrees that the existing utility
lines will be placed underground and the public improvements will be
constructed upon call of the CITY and declares that all of the pro-
perty herein described is and shall be held, conveyed, hypothecated
of 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. OWNER, his successor and assigns, covenant and agree that
the public improvements to be required in the road easement shown on
the Parcel Map referred to above shall be constructed at the call of
CITY. If the construction of the public improvements is not required
by CITY durin OWNER'S ownership of the land, the obligations herein
contained shall be specifically contained in all subsequent deeds
transferring title to property.
BK 1247OP6 140
2. OWNER, 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. If the undergrounding is not required by
CITY during OWNER'S ownership of land, the obligations herein
contained shall be specifically contained in all subsequent deeds
transferring title to property.
3. OWNER further covenants and agrees that no protest shall
be made to any proceedings for the installation of public improve-
ments or underground utilities, under any special assessment pro-
ceedings, 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 WIiEREOF, the parties have executed this Agreement
as of the date first above written.
ATTEST:
-Mary Ann anover, City
Clerk
CITY OF SAN JUAN CAPISTRANO
YV O. HECKSCHER, MAYOR
STATE OF California Y^'im'� 141
SS.
COUNTY OF Orange 111)))
0FRCLAL SEAL
n RUTH E. MARQUARD
NOTARY PIARLIC - CALIFORNIA
PRINCIPAL OFFICE R4
ORANGE COUNTY
My Commission Expires May 23, 1980
ACKNOWLEDGMENT—G9ffM1—W01rotts Form 231—Rov. 364
ON October 25 19_77
before me, the undersigned, a Notary Public in and for said State, personally appeared
Rowe Sanderson III and Susan L. Sanderson
known to me,
to be the person. whose names subscribed to the within Instrument,
and acknowledged to me that �Lhe-y- executed the same.
WITNESS my hand and official seal.
N
BM 1247OP6 142
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RecgWing Requested by d
!'�'�I •c ord,. !, ret.urn t..
Qft f San Juan Capistrano E F%IPT
Offir�• of thr• City Clcr!c
32400 Pasco Ad-lant:o �a
San Ju•.n Capistrano, CA 9267
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
9:05 A.m. N()V 281977
31-1247CP6 139
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
Mary Ann.11anovNr,. City Clerk
San Juan Capistrano, California
1. WYtlE CMILYII, Ca9otY AuuAw I (DOL 77-6, Undeergrounding of
1 Utilities)
GGREEI1ENT RELATING TO THE POSTPONEMENT OF
REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS
/ TIIIS AGREEMENT is made as of this y of November,
(�( 1977. by and between the City of San Jud pistrano, hea en er
'mid "CITY", and
here ,
hereinafter called YNL (DL 77-6)
�I•E
W I T N E S S E T H:
WHEREAS, OWNER is the owner of certain property in the City of
San Juan Capistrano described as: Being a portion of Lot 1, Tract 318 as
shown on a map recorded in Book 14, page 39, Miscellaneous Maps, Records
of Orange _'ounty, California, and a portion of the southwest 1/4 of
Section 1, T.8S, R.8W SBB&M.
WHEREAS, OWNER seeks the permission of the City to:
Divide said real property into three parcels
WHEREAS, the City Council has directed that the property owners
of the property described above shall participate in a public improve-
ment district to guarantee the future construction of public
improvements; 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 undergrounding of utilities will benefit OWNER'S
land and the requirement that OWNER underground the existing overhead
utilities is a reasonable condition to the granting of au�hority
herein sought; and
WHEREAS. OWNER desires to postpone the actual installation and
dedication of said improvements until such time as CITY shall require
them.
NOW, THEREFORE. OWNER hereby agrees that the existing utility
lines will be Placed underground and the public improvements will be
constructed upon call of the CITY and declares that all of the pro-
perty 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.
I. OWNER, his successor and assigns, covenant and agree that
the public improv-ments to be required in the road easement shown on
the Parcel '.lap referred to above shall be constructed it the call of
CITY. If the construction of the public improvements is not required
by CITY during OWNER'S ownership of the land, the obligations herein
contained shall be specifically contained in all subsequent deeds
transferring title to property.