1981-0602_CARPENTER CONSTRUCTION_Agreement_1x
3,3542
RECORDING REQUESTED BY, AND WHEN
RECORDED, RETURN TO:
EXEMPT
CITY CLERK'S DEPARTMENT C 7
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
Bf, 14153PG 593
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
Mary A no er, City Clerk
San Ju4h Capistrano, California
AGREEMENT RELATING TO THE POSTPONEMENT Or
REQUIREMENT TO 1NS7:ILL PUDLIC IMPROVF%1ENTS
This Agreement is made as of this 2--' day of ):zt1z--7_,
-i976 by and between the City of San Juan Capistrano, hereinafter
called "CITY", and Kenneth Caxpen Ver , Carpenter Construction,
hereinafter called "DEVELOPER
W I T N E S S E T H:
WHEREAS, DEVELOPER is the owner of Certain p
the City of San Juan Capistrano described as: OFORA01
3/-3 7S ElHorno Street
Lot 2Z Block_`Z Trach -490 PM
I LEE A. BRANCH,
WHEREAS, DEVELOPER seeks the permission of the CITY to:
Defer the installation of underground electrical
service.
WHEREAS, the City Council has heretofore declared that
all overhead utilities within the City or San Juan Capistrano will,
at an appropriate time, be placed underground; and
WHEREAS, the undergrounding of utilities will benefit
DEVELOPER'S land and the requirement that DEVELOPER underground the
existing overhead utilities is a reasonable condition to the grant-
ing of authority herein sought; and
WHEREAS, DEVELOPER desires to postpone the actual install-
ation 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, 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.
1. DEVELOPER, 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 under-
ground on call of the CITY. If the undergrounding is not required
by CITY during DEVELOPER'S ownership of the land, the obligations
herein contai_eed shall be epeciiically in all subsequent
deeds transfer -in.- title to property.
8. DEVELOPER furt•.er _ovenante and a,;:ees that no
protest shall be made to any proceedin_s for the installation of
underground utilities, under any special assessment proceedings,
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 pro-
ceedings.
-1-
JUL 2 3 '811
**This agreement is an amended and correct copy of a previously recorded
agreement, which was recorded as Document Number 11712, in Book 14090,
Pages Numbers 1679 through 1681, on June 8, 1981.
Said amendments to previously recorded agreement are: inclusion of approval
date on first page, and signature of the City Clerk.
BK 14153PO 700
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 executed this Agree—
ment as of the date first above written.
CITY OF SAN JUAN CAPISTRANO
MAYOR , Phillip R. SchWartze
ATTEST:
ITY CLERK Mary Ann Hanover .
DEVELOPER, Carpenter Construction
7
By
enneth R. Catpentwf
Approved as to form:
J es S. Okazaki, City jVtorney
STATE OF CALIFORNIA, ]
COUNTY OF
Orange !)S tt'
City of San Juan Capistrano ON June 2 _ ig_81,�
before me, the. urdersigned, a Notary Public in and foi the said State, person, ay a roared
Phillip R. Schwartze kam to we to be the
Mayor
of City of San .Tuan Capig. ranq_.
Municial __ __ `_____ _ Ij
r th Corporation tliat executed the e:ithin Instrument, known to me to be tl,^ ; snrs ,';
OFFICIAL SEAL. I( executed the within Instrument, on behalf of the Cor aratiun herein named, and raledg
MARY ANN I NOxrER } to me that such Corporation executed the within Instrument pursuant to tts hp C:='s 0r
p ryOTARY PUBUc - CaL�coanua resolution of its board of directors.
oRAncE COU_ WITNESS m hand and official seal t
My comm. expires APR 20, 1984 y ,y y�
Public in an for said Stale.
STATE OF CALIFORNIA,
as.
COUNTY OF_ane
Ore
City of San Juan Capistrano ON June 2 ;881
before me, the undersigned, a Notary Public in and for the said State, Perscn3l!Y arra
Mary Ann Hanover knl)w;l `• :}e I)
to be the City Clerk of City of San Juan Capistrano_ _
OFFICIAL SEAL Municipal__ _ _._.._—
t�nrporation (bat executed the within Instrument, knc:rn to me to be Ure pcesors a
RUTH E MARQUARD execuled the wit'im Instrument, on behalf of vie Corporation hereir, named, and ackne"At i .j
NOTARY PUBLIC - CALIFORNIA i, -
ORANGE COUNTY to me fhat such Corporahon executed the within Inslruni nt puuuant to its brl,ws 3,�, 7 �I
I My comm. expires MAY 23, 1984 resolution of its board of directors. I
WITNESS my hand and official seal.
I
otary Pu"tic in am for S
of State.
ACKGOW1I GnMINT—C;i .-rres. A Seo.—Wolcolb torm PM -Am 344 `— -------��--
t5
STATE OF CALIFORNIA
COUNTY ppQF� r } SS.
On /dy 2� 1 before me,
the undersigned, a Notary Public in and for said County and State,
person"all appeared
C �_ 2 E`TN pL U7Z/�
known to me
to be the person _ whose name I's subscribed to the
within instrument and acknowledged that_ _C`2�_�--executed the
BK 14 3 PG
701
5AFECO
FOR NOTARY SEAL OR STAMP
HARRY E. GIBSON
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
ORANGECOUNTY
Mf Cptmn6•Ipn Explo" Jan. t1, 1985
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TiI E LOcR7I0AI
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UGAID. IJTILITIE5
IS APPROX/MATE',
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FOR REFERENCE
oNLS!
E'x,q/B/ T A
0
3. APPROVAL OF AGREEMENT TO POSTPONE UNDERGROUND UTILITIES,
31375 EL HORNO (CARPENTER)
/(38) Written Communications
(93) Report dated June 2, 1981, from the Director of Public Works
submitting an agreement between the City and Kenneth R.
Carpenter.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to approve the Agreement
to postpone undergrounding of electrical utilities located
at 31375 E1 Horno Street, Lot 22, Block R, Tract 808. The
Mayor and City Clerk were authorized to execute the Agree-
ment on behalf of the City.
F_
L
AGENDA ITEM
June 2, 1981
IJ
TO:
James
S. Mocalis, City
Manager
FROM:
W. D.
Murphy, Director
of Public Works
SUBJECT: Approval of Agreement to Postpone Underground Utilities
31375 E1 Horno Street (Carpenter)
SITUATION
The developer is approaching completion of a new house located at
the above address and requests that the requirement to underground
the existing overhead electrical lines and the overhead electrical
service be deferred. The required agreement has been executed by
the developer, and a copy is attached for Council review.
The house is located in an older section of town, with all the
existing electrical lines overhead. Council has recently granted
deferral to two other property owners on E1 Horno Street (Clampitt
and Patrick/Pitzer) for their newly constructed residences.
FINANCIAL CONSIDERATIONS
There are no direct costs to the City seen by this action.
ALTERNATE ACTIONS
1. Authorize the Mayor to execute the agreement.
2. Do not authorize the Mayor to execute the agreement.
3. Refer to staff for further information.
RECOMMENDATION
By motion, authorize the Mayor and City Clerk to execute the agree-
ment to postpone the undergrounding of electrical utilities located
at 31375 E1 Horno Street.
Respectfully submitted,
W. D. M
W. D. Mur y
WDM: JG/rem
Encl.
FOR CITY COUNCIL AGENDA