1977-1116_SANDERSON III, ROWE_AgreementX4089 BK 12470P9 135
r'„ RECORDING REQUEST D BY ANV RECORDING F S EXEMPT DUE TO
WHEN RECORDED, REWRN TO: GOVERNMENT WDE SECTION 6103
City of San Juan Capistrano EKEM PT.
Office of the City Clerk C10
32400 Paseo Adelanto R ANN ANOV R, City Clerk
San Juan Capistrano, CA 92675 San Jua Capistrano, California
AGREEMENT RELATING TO THE
POSTPONEMENT OF REQUIREMENTS TO
INSTALL PUBLIC IMPROVEMENTS ;/k
DL 77-6 SANDERSON
THIS AGREEMENT is made as of this 16th day of November
1977, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter
called "City", and ROWE SANDERSON III, hereinafter called "Developer."
W I T N E S S E T H:
WHEREAS, Developer is the owner of a certain parcel of real
property located in the City of San Juan Capistrano, County of Orange,
State of California, described as:
Being a portion of Lot 1 of Tract 318 as shown
on a map recorded in Book 14, Page 39 Miscellaneous
maps, Records of Orange County, California, and a
portion of the southwest 1/4 of Section 1, T.8S,
R.8W SBB&M.
WHEREAS, Developer is the owner of and desires to divide said
real property into three (3) parcels substantially in accordance
with proposed parcel map attached hereto as Exhibit "A"; and
WHEREAS, City customarily requires that Developer install certain
public improvements, including public streets, curbs, gutters, and the
undergrounding of utilities as a condition to the approval of any
division of land; and
WHEREAS, City and Developer acknowledge that such improvements
are not necessary until such time as neighboring Bear Brand Ranch is
developed for residential purposes; and
WHEREAS, Developer agrees that the aforesaid improvements will
benefit the land herein described and acknowledges his obligation
to make the improvements, desires to postpone them until such time
as the Bear Brand Ranch shall commence its development.
NOW, THEREFORE, in consideration of the premises, and as a
material condition of the City's approval of the Division of Land
77-62 City and Developer agrees as follows:
1. City agrees that the public improvements required as a
condition of approval of DL 77-6, shall be postponed until such
time as the residential land lying northwesterly of Developer's
property as shown and depicted on Exhibit "B" is approved for
development at which time said improvements may be required at
the option of the City Council; provided that the deeds from
developer to his purchasers contain specific language relating
to the obligation to make public improvements at the time Bear
Brand Ranch is approved for development.
2. Developer further acknowledges that the aforesaid public
improvements are a material part of the DL 77-6, benefit the land,
and the obligations relating thereto should run with the land
herein described.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
9:05 A.M. NOV 28 1977
J. WYLIE CARLYLE, County Recorder
BN 12470P6
DL 77-6
3. Developer, for and on behalf of himself, his heirs,
successors and assigns further agrees that he will participate
in any improvement district that may be initiated for the pur-
pose of installing the aforesaid public improvements or any
part thereof, and that neither they, nor their heirs, successors,
or assigns, will object to the formation of such an assessment
district, so long as said improvement district encompasses all
land owners in the applicable area of benefit.
IN WITNESS WHEREOF, the parties hereto have executed this
contract on the date first written above.
CITY OF SAN JUAN CAPISTRANO
ATTEST:
- By
Mary Ann H over YVO . HECKSCHER, MAYOR
City CleXk
APPROVED AS TO FORM:
JAmes S. Okazaki, i y Attorney
136
STATE OF CALIFORNIA ) On October 5, 1977,
ss before me, the undersigned, a Notary
COUNTY OF ORANGE ) Public in and for said State, personally
appeared Rowe Sanderson III and
Susan L. Sanderson
OFFICIAL SEAL
^! 1TH E. MARQUARD
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
,.; Co-nrmsslon Expires May 23, 1980
to be the persons whose name s are
subscribed to the within Instrument, and
acknowledged to me that t he v executed
the same.
WITNESS my hand and official seal.
-2-
Notal Public in and £ said State
BK 12470P6 ' 137
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RECORDING REQUESTFD BY ANN _ j' ` RECORDING FF4S EXEMPT-DUf 35
E TO f
WHEN RECORDED, RF RN TO: LAMENT'-. 3E SECTION 6103
City of San Juan Capistrano PZR
- - �""w.
Office of the City Clerk r,�j7j/� � ,��+-e-i
32400 Paseo Adelanto EANN�ANOOV R City Clerk
San Juan Capistrano, CA 92675 San Juan Capistrano, California
AGREEMENT RELATING TO THE
POSTPONEMENT OF REQUIREMENTS TO
INSTALL PUBLIC IMPROVEMENTS
DL 77-6 SANDERSON
ths
ay of
197 bysand bettweenAGREEENTl theaCITYSOFfSAN1JI�STRANO, herein. er
ca ed "City", and ROWE SANDERSON III, hereinafter called "Developer."
W I T N E S S E T H:
WHEREAS, Developer is the owner of a certain parcel of real
property located in the City of San Juan Capistrano, County of Orange,
State of California, described as:
Being a portion of Lot 1 of Tract 318 as shown
on a map recorded in Book 14, Page 39 Miscellaneous
maps, Records of Orange County, California, and a
portion of the southwest 1/4 of Section 1, T.BS,
R.8W SBB&M.
WHEREAS, Developer is the owner of and desires to divide said
real property into three (3) parcels substantially in accordance
with proposed parcel map attached hereto as Exhibit "A"; and
WHEREAS, City customarily requires that Developer install certain
public improvements, including public streets, curbs, gutters, and the
undergrounding of utilities as a condition to the approval of any
division of land; and
WHEREAS, City and Developer acknowledge that such improvements
are not necessary until such time as neighboring Bear Brand Ranch is
developed for residential purposes; and
WHEREAS, Developer agrees that the aforesaid improvements will
benefit the land herein described and acknowledges his obligation
to make the improvements, desires to postpone them until such time
as the Bear Brand Ranch shall commence its development.
NOW, THEREFORE, in consideration of the premises, and as a
material condition of the City's approval of the Division of Land
77-6, City and Developer agrees as follows:
1. City agrees that the public improvements required as a
condition of approval of DL 77-6, shall be postponed until such
time as the residential land lying northwesterly of Developer's
property as shown and depicted on Exhibit 11B" is approved for
development at which time said improvements may be required at
the option of the City Council; provided that the deeds from
developer to his purchasers contain specific language relating
to the obligation to make public improvements at the time Bear
Brand Ranch is approved for development.
2. Developer further acknowledges that the aforesaid public
improvements are a material part of the DL 77-6, benefit the land,
and the obligations relating thereto should run with the land
herein described.
RECORDED IN OFFICIAL RECORDg
OF ORANGE COUNTY, CALIFORNIA
s:os A.M. NOV 281877
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