Loading...
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 a - -. rn o Cr8 6XI57-'6. OV14DW INE PROPOSEC OVND 5ERYlc E 0 LOT ZZ� BL. S Ttl. 8 08 El f-%RNo FUTURE UL,ND. L/NE—? ,;d�_ EL _�41ORNO ST NOTE: TiI E LOcR7I0AI OF FUTURE UGAID. IJTILITIE5 IS APPROX/MATE', AND 5F/OWN 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