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1979-0620_DYER , ROBERT & ROBERTA_Sewer Connection AgreementI Recorded at request of DOCUMENTARY TRANSFER TAX a' -ad return return to: O TAX O. fice of the City,*k 43366 Com. - 32%r00 Paseo Adelanto San Juan Capistrano, CA 92675 Mary AnrYHano r, City CYerk San Juan Capistrano, California AGREEMENT RELATING TO �C FUTURE SEWER CONNECTION ..� IN THE "MCCRACKEN HILL" AREA THIS AGREEMENT is made as of this 20th day of —. June , 1979, by and between the City of San Juan Capistrano, W hereinafter called "CITY" and G�ebp 5 L(�R T; hereinafter(,) called "OWNER." 07 -v c� W I T N E S S E T H WHEREAS, OWNER is the owner of certain property in the City C7) of San Juan Capistrano described as: Parcel 11 of Record of Survey 49-24 WHEREAS, OWNER has made application to the City for a Building Permit for the aforesaid property to build a single-family home; and WHEREAS, the City Council has directed that, as a condition on any Building Permit in the "McCracken Hill" area, the OWNER shall agree to hook up to the public sewer at which time it becomes available, and that OWNER, hie successors and assigns, will participate in any assessment district formed for such purpose. NOW, THEREFORE, in consideration of the foregoing premises and the promises hereinafter set forth, CITY and OWNER agree as follows: 1. CITY shall, subject to OWNER'S having met and satisfied all requirements of any governmental agency, allow OWNER to build and occupy a home with a private sewage system, so long as public sewer service is not available. 2. OWNER shall participate and join in an improvement district which shall include the installation of sanitary sewers in the "McCracken Hill" area, should a district become available. 3. If sewer service becomes available at any time, OWNER shall, at his sole cost and expense, "hook up" within 90 days after written notice from the City Engineer. 4. The installation of sanitary sewers will specifically benefit OWNER's land. The promises and covenan�_s herein contained shall, accordingly, inure to the benefit of and be binding upon the heirs, devisees, and successors and assigns of the parties hereto, and shall accordingly run with the land. Therefore, should OWNER convey, by deed or land sale contract, any portion of his property herein described, each such conveyance ;hall, in the instrument of conveyance, make specific reference to the OWNER's obligations to participate in an improvement district, and declare that the benefits to the conveyed land, together with the attendant obli- gations, shall be a continuing obligation of the grantee, devisee, assignee or other successor in interest. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. RECORDED IN OFFICIAL RECORDS OF ORANGE COWTY. CALIFORNIA 15 mil"'4 JUN 21t1979 P&O LCE A. DRANCH, C�wo, Recorder ATTEST: iRK 1 3208 ?e 14 2 CITY OF SAN JUAN CAPISTRANO APPROVED AS TO FORM: JAMES S. OKAZAKI, C -I TY ATTORNEY Lema By_ ROBERT E. DYER By Q ROBERTA T. DYER I r - NE STAPLE HERE —•�� STATE OF CALIFORNIA, .p O. C. w •• 10 E; O s w C m w � m m 9 fD 'o 0 Y/ Nr' 0 d = y ° `'C1 m � z 0 0 b w O M T H w m z 9 D = Z T D o w C [i m mnmD `\ D )> y $ G =='�O I �• 7. "o f in v z n 2 c N : z D S O G `v y m 0 > Z c Z i n •�yi m LLJ � 3 STATE OF CALIFORNIA, .p O. C. w •• 10 r ss. COUNTY OF—Orange City of San Juan Capistrano ON_ June 20 1919, before me, the undersigned, a Notary Public in and for the said State, personally appeared KENNETH E. FRIESS known to me to be the Mayor—P,f&: tMdt, and_ kW to me to be the Secretary of City of San Juan Capistrano OFFICIAL SEAL _ m�cioal CHEPvl A rOHNSON the )Corporation that executed the within Instrument, known to me to be the persons who m NOTARY PUBLIC - CALIFORNIA executed the within Instrument, on behalf of the Corporation herein named, and acknowledged ORANG- CGUNiY to me that such Corporation executed the within Instrument pursuant to its by-laws or a My comm. expires DEC 28, 1981 resolution of its board of directors. WITNESS my hand and official seal. Notary PubIlIo4 and for said State. STATE OF CALIFORNIA, COUNTY OF Orange r ss. City of San Juan Capistrano ON June 21 19 79 before me, the undersigned, a Notary Public in and for the said State, personally appeared CTIERYUXR �wP,Rm�„�N„ gRerin to me to be the President, and_';:_ �' known to me OFFICIAL tiFAL m to be the_— _S 3'r�X9t Deputy City f 'IBJ�k of City of r ' RUTH E N14ROUAR1', 1 municipal _ Can Juan Capp c ' ano zn o A In kNiA the/Corporation that executed the within Instrument, known to me to be the persons who PFIN H �.I 'J n executed the within Instrument, on behalf of the Corporation herein tamed, and acknowledged Mi, Commission Exul ::. M "I' E to me that such Corporation executed the within Instrument p¢rsuant to its by-laws or a H,,... ,.�..:.. ......:.• .,.a resolution of its board of directors. WITNESS my hand and official seal. s w � 0 Y/ Nr' 0 d = y ° `'C1 � z 0 0 b w O M T z 9 D = Z T D C [i m mnmD `\ D )> y $ G =='�O I "o y— v z n 2 c N : z D G `v y m 0 > Z c Z i n •�yi m r ss. COUNTY OF—Orange City of San Juan Capistrano ON_ June 20 1919, before me, the undersigned, a Notary Public in and for the said State, personally appeared KENNETH E. FRIESS known to me to be the Mayor—P,f&: tMdt, and_ kW to me to be the Secretary of City of San Juan Capistrano OFFICIAL SEAL _ m�cioal CHEPvl A rOHNSON the )Corporation that executed the within Instrument, known to me to be the persons who m NOTARY PUBLIC - CALIFORNIA executed the within Instrument, on behalf of the Corporation herein named, and acknowledged ORANG- CGUNiY to me that such Corporation executed the within Instrument pursuant to its by-laws or a My comm. expires DEC 28, 1981 resolution of its board of directors. WITNESS my hand and official seal. Notary PubIlIo4 and for said State. STATE OF CALIFORNIA, COUNTY OF Orange r ss. City of San Juan Capistrano ON June 21 19 79 before me, the undersigned, a Notary Public in and for the said State, personally appeared CTIERYUXR �wP,Rm�„�N„ gRerin to me to be the President, and_';:_ �' known to me OFFICIAL tiFAL m to be the_— _S 3'r�X9t Deputy City f 'IBJ�k of City of r ' RUTH E N14ROUAR1', 1 municipal _ Can Juan Capp c ' ano zn o A In kNiA the/Corporation that executed the within Instrument, known to me to be the persons who PFIN H �.I 'J n executed the within Instrument, on behalf of the Corporation herein tamed, and acknowledged Mi, Commission Exul ::. M "I' E to me that such Corporation executed the within Instrument p¢rsuant to its by-laws or a H,,... ,.�..:.. ......:.• .,.a resolution of its board of directors. WITNESS my hand and official seal. / f,t �/,l�/ /�(%/Ill (llll�ll CJcfO/�fllL�ll� 3244 00 PASEO ADELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 '-PHONE 493.1171' M'A June 26, 1979 Mr. Robert Dyer 130 Cabrillo, Suite 204 San Clemente, California 92672 Re: Agreement Re Future Sewer Connection Dear Mr. Dyer: At their meeting of June 20, 1979, the City Council accepted your agreement to participate in a future sewer assessment district in the McCracken Hill area. The Agreement has been forwarded to the Orange County Recorder's Office for recordation. A copy of the Agreement, signed by Mayor Friess, is enclosed for your files. If you have any questions, please do not hesitate to call. Very truly yours, (MRS) MARY ANN HANOVER City Clerk MAH/cj Enclosure cc: Director of Public Works • 0 AGENDA ITEM TO: James S. Mocalis, City Manager June 2q, 1979 FROM: W. D. Murphy, Director of Public Works SUBJECT: Agreement Relating to Future Sewer Connection - McCracken Hill Area (Dyer) SITUATION At their January 3, 1979, meeting the City Council directed staff that all subsequent divisions of land or building permit applica- tions would be required to sign an agreement to participate in a future assessment district for sewers in the McCracken Hill area. Mr. Dyer is applying for a building permit on an existing lot. The subject agreement will require him to participate in an assess- ment district when sewers become available in the area. FINANCIAL CONSIDERATION There are no financial impacts at this time. The future assessment district will involve administrative costs for the City. ALTERNATE ACTIONS 1. Accept the agreement relating to future sewer connection. 2. Do not accept the agreement relating to future sewer connection. 3. Request further information from staff. RECOMMENDATION By motion, accept the agreement to participate in a future sewer assessment district in the McCracken Hill area; authorize the Mayor to execute the agreement and direct the City Clerk to record same with the County Recorder. Respectfully submitted, W. D. Mur y WDM:SE/tm Enc. FOR CITY COUNCIL AGENDA 0000