1979-1219_CLAMPITT, GARY_Agreement (2)RECORDING REQUESTED BY AND
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RE RDING FEES EXEMPT DUE TO
WHEN, RFCORDED RETURN TO: ,,
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GaRraMNT CODE SECTION 6103
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' City of San Juan Capistrdho
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Office of the City Clerk
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32400 Paseo Adelanto
MARY ANp HANOVER, City Clerk
San Juan Capistrano, CA 92675
San Ju n Capistrano, California
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RECQRDED IN OFFICIAL RECORDS
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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,
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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:
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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
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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
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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.