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1977-1102_ROGERS , HARLAN_Agreementz0 to ' When recorded, return to: wo Office of the City Clerk W .3 City of San Juan Capistrano 4�0. 32400 Paseo Adelanto San Juan Capistrano, CA 92675 9(lE09 1_.2447P61075- !!C!14PAT 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 EU"Nf h Mora :r F,I .u. y My Commisslon Expires May 17, 1981