1977-1102_ROGERS , HARLAN_Agreementz0 to
' When recorded, return to:
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Office of the City Clerk
W .3 City of San Juan Capistrano
4�0. 32400 Paseo Adelanto
San Juan Capistrano, CA 92675
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DOCUMENTARY TRANSFER TAX -
NO TAX DUE
MARY ANN ANOVE , CITY CLERK
San Jua Capistrano, CA
DL 76-11
AGREEMENT RELATING TO THE
POSTPONEMENT OF REQUIREMENTS TO
INSTALL PUBLIC IMPROVEMENTS
THIS AGREEMENT is made this 2nd day of November, 1977, by and
between the City of San Juan Capistrano, hereinafter called "CITY" and
HARLAN ROGERS, hereinafter called "OWNER".
HARLAN . ROGERS is the owner of a certain parcel of real property
in the City of San Juan Capistrano, County of Orange, State of California
described as:
Lot No. 2, Tract No. 318, as recorded in
Miscellaneous Maps of the County Recorder of
Orange County, California, Book 14, Page 39.
WHEREAS, OWNER has made application for the subdivision of said
property into four parcels (DL 76-11). As a condition of approval
of Parcel Map 76.11, OWNER is required to enter into an agreement to
participate in an improvement district for the construction of full public
street improvements at sometime in the future on call of the CITY. It is
acknowledged that such improvements will specifically benefit OWNER'S
property and OWNER acknowledges and agrees that the obligation herein
should run with and be binding upon the OWNER or his heirs, successors,
or assigns, to participate in the cost of such improvements.
It is further agreed and understood that Parcel Map DL 76-11 provides
for private street and utility improvements for the development of one
unit per acre or more. CITY agrees to allow development of OWNER'S land
up to and including one unit per acre, without causing construction of
full public street improvements as to that portion of the Map shown as
the prolongation of Avenida Evita, terminating at the northernmost edge
of the private cul-de-sac.
OWNER has previously made an irrevocable offer of dedication of
property along the northernmost boundary of the aforesaid parcel for
ultimate usage as a public street. It is understood that owners partici-
pation may be required in an improvement district to accomplish improve-
ments along said northernmost boundary. OWNER agrees to participate in
such an improvement district on a proportionate basis with other adjoin-
ing property owners in the event such is required for the development of
what is presently known as "BEAR BRAND RANCH". Participation shall not
be required until such time as "BEAR BRAND RANCH" is developed for
residential purposes.
RECORDED IN OFFICIAL REGOR'DS
OF ORANGE COUNTY, CALIFORNIA
l 5 ftBi ,8 P.M. NOV 71977
1 I J. WYLIE CARLYLE, Celery Rewder
12447PE 1076
In consideration of the foregoing and the approval by CITY of
Parcel Map DL 76-11, OWNER covenants and agrees to participate in an
improvement district for the construction of full City improvements
aforesaid and OWNER shall not protest any proceeding regarding the
formation of such an assessment district.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the date first hereinabove written.
CITY OF AN JUAN CAPISTRANO
B
V N O. HECKSCHER, MAYOR
ATTEST:
MARY A HANOVE , CITY CLERK
APPROVED AS TO FORM:
dAMS;i-S S. OKAZAKI, TY ATTORNEY
STATE OF CALIFORNIA
OWNER/DEVELOPER
E�y �—
) ss.
COUNTY OF ORANGE )
On 7 /l % 7 , before me, a Notary Public in and for
said County and State 13ersonally appeared HARLAN L. ROGERS known to me
to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same.
WITNESS my hand and official seal
ii OFFI II : L
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Mora :r F,I .u.
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My Commisslon Expires May 17, 1981