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1979-1219_CLAMPITT, GARY_Agreement (2)RECORDING REQUESTED BY AND 3 5 RE RDING FEES EXEMPT DUE TO WHEN, RFCORDED RETURN TO: ,, 3 4 1 GaRraMNT CODE SECTION 6103 T ' City of San Juan Capistrdho - Office of the City Clerk ?� 32400 Paseo Adelanto MARY ANp HANOVER, City Clerk San Juan Capistrano, CA 92675 San Ju n Capistrano, California -L� oo RECQRDED IN OFFICIAL RECORDS G� OF ORANGE COUNTY, CAl6"^:,'IA 5 min' 4 P.M. DEC 27 1979 v LEE A. BRANCH, County Recorder AGREEMENT RELATING TO THE POSTPONEMENT OF REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS This agreement is made as of this 19th day of December 1979 , by and between the City of San Juan Capistrano, hereinafter called "CITY" and Gary Clampitt , hereinafter called "Developer". W I T N E S S E T H WHEREAS, Developer is the owner of certain property in the City of San Juan Capistrano described as: Lot 17 of Block 5 of Tract 808, as shown on a map recorded in Book 24, page 23, of Miscellaneous Maps of Orange County California; and WHEREAS, Developer seeks the permission of the CITY to: Install overhead electrical service to a new single family dwelling; and WHEREAS, the use contemplated by Developer will add to the municipal responsibilities of and require further municipal services from CITY; and WHEREAS, Developer should properly undertake his share of the aforesaid additional burdens; and WHEREAS, the City Council has heretofore declared that all overhead utilities within the City of San Juan Capistrano will, at an appropriate time, be placed underground; and WHEREAS, the requirement that Developer underground the existing overhead utilities is a reasonable condition to the granting of authority herein sought; and WHEREAS, Developer desires to postpone the actual installation and dedication of said improvements until such time as CITY shall require them, Sr BK 13 4 4 8-IIG 80 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 encumbered, leased, rented, used, occupied and improved subject to the following cove- nants, 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 aprt 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 underground on call of the CITY; 2. Accordingly, Developer further covenants and agrees that no protest shall be made to any proceedings 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 govern- mental entity having jurisdiction in the matter and for the purposes of determining property owners' support for such proceedings. 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 agreement as of the date first above written. ATTEST: CITY OF SAN JUAN CAPISTRANO KENNETH E. -FRIE—SSS, MAYOR DEVELOPER GARY CLAMPITT By ti 4 jy Approved as to Form: -2- State of California Orange ss. County of GENERAL ACKNOWLEDGEMENT FORM On this the 29TH day of NOVMber 1979 , before me, co the undersigned Notary Public, personally appeared W GARY CLAMPITT Co known to me to be the person(s) whose name(s) is subscribed --o to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. W STATE OF CALIFORNIA, u. COUNTY OF ORANGE City of San Juan Capistrano i O r IF L ,FAL \_/ G'c�� �r;, c•'Rhe.-, iiF 14, 1.^.IID STATE OF CALIFORNIA, COUNTY OF ORANGE City of San Juan Capistrano OFFICIAL SEAL • CHERYL A .IOHNSON NOTARY PUBLIC •CALIFORNIA O�iA:{G".i COUNTY fay C." expires D'"cC 28, 1881 ON December 19 , 19_i9, before me, the undersigned, a Notary Public in and for the said State, personally appeared KEPINETH E. FRIES.S known to me to be the Mayor dfd'nTc, and_ , known to rhe to be the,___Secretary of City of San Juan Capistrano thelCorpotatmn that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknow'edged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. E3 ON December 20 1979 before me, the undersigned, a Notary Public in and for the said State, personally appeared known to me to be the President, and MARY ANN HA110VER , known to rhe to bethe C; ty ri �r�Se� aay of.. = of San Tuan Capigitrano the f o7nnTa6o^ t1. exec, 'he wiihin fnstrwne�it, kn-uwn to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledg d to me that such Corporation executed the within Instrument pursuant to its bylaws or resolution of its board of directors. WITNESS my hand and official seal. l YMary Public in ao4or said State. — ACKNOWLEDGMENT—Coro—Pres. –---- ----------_ _ .--------- ACKNOWLEDGMFNT—Coro.—FreF. E Sac.—woI<otlr Form 226—Far. 3F4 EK 13448 PG EXIST:G? Exl sTc-, POL E--) 6V"D. t-- uru RE [lam ND. SERV i GE I -NEW GVHD SERVICE 82 NI i F97-1/RE UC ND �FEE�ER 1_ EL. 44ORNO S'T'REET Exhibit A 31400 P;,.E, r.DELAN, O SAN JV ; I ,IR. 1. C,'JI " hlA 92075 PHONE 4931171 December 26, 1979 Mr. Gary Clampitt 35551 Camino Capistrano San Clemente, California 92672 Re: Installation of Public Improvements - 31407 E1 Horno Street Dear Mr. Clampitt: At their meeting of December 19, 1979, the City Council took action to approve the agreement to postpone the requirement to install public improvements at 31407 E1 Horno Street, and to waive the financial surety. Enclosed are a fully -executed copy of the agreement and a copy of the proposed surety. The original agreement has been forwarded to the Orange County Recorder's Office for recordation. If you have any questions, please do not hesitate to call. Very truly yours, (MRS) MARYANN HANOVER City Clerk MAH/cj Enclosures CC. Capistrano National Bank Director of Public Works 0 0 CAPISTRANO NATIONAL BAND, HECE VED MEREDITH L. RUSSELL Vice President/Loan Administrator December 10, 1979 Mr. Kenneth E. Friess, Mayor City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 Re: Gary Clampitt Dear Mayor Friess, DEC Id 1 5% PM �'10 Reference company have requested an interest bearing account in the amount of $1,000 to be pledged to the City of San Juan Capistrano. The only type of account that can be withdrawn at any time without a penalty is a regular term savings account. To meet this purpose of pledging the account, we will agree to restrict the account requiring an authorization from your office before funds are allowed to be withdrawn. If this meets with your approval and Gary Clampitt's, please acknowledge by signing below. Sincer M. L. Ru sell Senior Vice President & Loan Administrator The above found to be acceptable and we request Capistrano National Bank to take appropriate steps to comply with stated restrictions. CITY OF SAN JUAN CAPISTRANO: GARY CLAMPITT: BY: BY: Kenneth E. Friess, Mayor G ry 'lampit ATTEST: 30 Mary Ann Hanover, City Clerk Requirement for pos—ting of financial surety waived by City Council 12/19/79 for utility undergrounding at 31407 E1 Horno Street, P.O. BOX 578, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 496-8601 AGENDA ITEM December 19, 1979 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Agreement Regarding Postponement of Requirement to Install Public Improvements, 31407 E1 Horno Street (Clampitt) SITUATION The owner, Gary Clampitt has requested that the City enter into an agreement relating to the requirement to underground the electrical facilities for the abovementioned property. Three signed copies of the agreement and a Letter of Credit, in the amount of $1,000.00, have been received. Mr. Clampitt's house has been built on an existing lot in one of the older areas of the City. The other existing houses have overhead electrical service. The existing overhead electrical feeder line itself runs in an easement along the rear yards of the lot, as shown on the attached sketch. In order for Mr. Clampitt to underground the electric facility as required by City policy, it would be necessary to obtain easements from the adjacent property owners. Due to the difficulty in obtaining these easements, Mr. Clampitt feels that it would present an undue hardship on him for the City to require the undergrounding. Also, the future underground electrical facilities will most likely be installed within the public Right -of -Way for E1 Horno Street. Therefore, any under- ground facility installed at this time by Mr. Clampitt would most likely be abandoned at the time of the future underground- ing of the electric facilities in the neighborhood. FINANCIAL CONSIDERATIONS There are no direct costs to the City seen in this action. ALTERNATE ACTIONS 1. Accept the better of Credit in the amount of $1,000.00, and authorize the Mayor to execute the agreement on behalf of the City. 2. Do not accept the Letter of Credit, and do not authorize the Mayor to execute the agreement. 3. Refer to staff. FOR CITY CQUNCIL AGENDA a RECOMMENDATION Council policy dictates that all new electric facilities will be installed underground, therefore, by motion, deny the owner's request to install overhead service at 31407 El Horno Street. Respectfully submitted, .� W. D. Murphy WDM:JGG/rh ENCL.