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."
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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,
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STATE OF CALIFORNIA,
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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.
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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.
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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