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1978-0520_GLEN COVE ASSOCIATES_Agreement�L:;t..,l C 2 JAN 18 1979 When recorded, return to: Office of the City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 43365 0_ 11 13.111 -p13 0 DOCUMENTARY TRANSPER TAX, NO TAX DUE Maly I:di vCit c r;. 0 San Juan Capistrano, CA 92575 AGREEMENT RELATING T.(YWHE POSTA�QNEMENT OF REQUIREMENTS TO INSTAL PUBLIC IMP12VEMENTS THIS AGREEMENT is made a4l,®f this 20th day of ";'' une , 1978, by and between the City of San Juan Capistra, �, her after called "CITY", and GLEN COVE ;Q OCIATES hei aft-ef galled "OWNER.'' 4AL W I T N E S S E T H: WH}REAS, OWNER is the owner of certain property in the City of San Juan Capistrano described as: SEE ATTACKED DESCRIPTION WHEREAS, OWNER desires to divide property into three (3)' parcels under Division of Land 78-2; and WHEREAS, pursuant to the CITY'S Land Use Management Code, OWNER is required to dedicate rights of ways for public streets and other public improvements and to cause such improvements"to be made to CITY standards; and WHEREAS, the CITY'S Environmental Review Board has, accord- ingly, required the OWNER to participate in the construction of improvements consisting of asphalt paving, curb and gutter_, sidewalk, driveway approaches and street lights and undergrounding of utilities on and along that portion of Ortega Highway fronting OWNER'S property; and WHEREAS, OWNER and CITY agree that the construction of the aforesaid public improvements should be deferred until such•time as an appropriate improvement district can be formed far the instal- lation of similar improvements along other parts of Ortega Highway. NOW, THEREFORE, in consideration of the foregoing premises and the promises hereinafter set forth, CITY and OWNER agree as follows: 1. OWNER shall participate and join in an improvement district which shall include the installation of 'rubl:i:� improvements on and along Ortega Highway fronting on the property hereinabove described. A map showing the pro- posed improvements is attached hereto as Exhibit "A" and by this reference made a part hereof. 2. This promise and covenant shall inure to 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 shall, ;n the instrument of conveyance, make specific WCOROEO IN OPNPLAAL OF ORANGE COLWVy. C 16 ;,w;*; r4 PX JUN 28 ive LEE A. BRANCH, County roference to the OWNE'R'S obligations to participate in an imp.ovement district, and decla.c that the benefits -o the conveyed land,'together with the attendant obligations, shall be a continuing obligation of the grantee, devisee, assignee or other successor in interest. IN WITNESS WIIEREW.; the parties have executed this Agreement as of the date first above written. CITY OF SAN JUAN CAPISTRANO By ATTEST: KENNETH KENNETH E. FRIESS, MAYOR �aMarytAn Han e , City C1erYf COVE ASSOCIATES by by sI -la Mai by E. & L. Cons tuctidn Co. by Ed Mequet, President APPROVED AS TO FORM: J s S. Okazaki, Cit ttorhey T STATE OF CALIFORNIA, OranRe } ss. COUNTY OF �_^ ) City of San Juan Capistrano UN June 20,, 19 �g -- before me, the undersigned, a Notary Public in and for the said State, personally appeared KFNNETH E FRTE,SS__ __ , known to me to be the Mwor _ _Rpesidm4 and_ . _ known to me to be the Secretary of City of San Juan Capistrano OFFICIAL SEAL WTARY Hr^�•I A IOHnISON the/Corte po atioo that executed the within Instrument, known to me to be the persons who PUBLIC - CALIFORNIA executed the within Instrument, on behalf of the Corporation herein named, and acJyolwledged 0.:arax couNTYto me that such Corporation executed the within Instrument pursuant to its Dy -taws or.a comm. exPlies DEC 28, 1981 resolution of its board of directors. WITNESS my hand and official seal. • -2- u a�%�_ J Notary'MUCW and for said State. STATE OF CALIFORNIA, l ` ss. COUNTY OF— Orange ` BK 13208 P6 1 303 City of San Juan Capistrano June 21 1979 or*ICIAL ILA, RUTH'. MARQUARD NOTAPY Fi,%pi 1c-AUFORNIA ...,V PRINCIPAL JFFICE IN ORANGE COUNTY My Commission Expires May 23, 1900 _..._..._......................................ssswssmswrala U11-- before N—before me, the undersigned, a Notary Public in and for the said State, personally appeared known to me to be the President, and . CHERYL A. JOHNSON known to me to be the_-- sr��R yhdt_ feu CjAy Clerk of City of municipal San Juan Ca istrraaio the Corporation that executed the within Instrument, knownof me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged 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. L Notary STATE OF CALIFORNIA COUNTY OF Orange }ss. On_ January 24, 1979 before me., the undersigned, a Notary Public in and for said State, personally appeared—David Jame-%-Vermjya _, known to me to be the person whose name subscribed to the within instrument and acknowledged to me that_ he _ executed the same. WITNESS my hand and official seal Signature Ann R. RL.thl fsen OFFICIAL 5EAL ANN R. RETHLEFSEN m NOTARY PUBLIC — CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires February 14,_1981_ Name (Typed or Printed) (This area for official notarial seal) STATE OF CALIFORNIA l COUNTY OF Orange pn January 25. 1979 before me, the undersigned, a Notary Public in and for said State, Isla Mae Rice personally appeared known to me to be the person_ whose name '--' subscribed to the within instrument and acknowledged to me that— she executed the same. WITNESS my hand and official seal. Signature `� �Z 34�'� Nancy A. Monahan Name (Typed or Printed) STATE OF CALIFORNIA COUNTY OF SS. 7 _ OFFICIAL SEAL ;arT,'NANCY A. MONAHAN ; 0, Notary Public • California + ORANGE COUNTY ; My Commission Expires DelxmAv 10.1982 i (This area for official notarial seal) On this 25th day of January 19 7� before me, the undersigned, a Notary Public in and for .said County and State, personally appeared F�e t known to me to be the= President, and= _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to be the_------ Secretary of the corporation that executed the within instrument, and known to me to he the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, pursuant to its laws, or a resolu- tion of its Board of Directors. WITNESS my hand and official Susan M. Rajotte or Printed) SUSAN M. RAIOTTE NOTARY PURAC - CAf,IF(M/HA A INIMPAL OFFICE W ORANGE COIN/TY -40NM Exp. July it 190 (This area for official sup C71-� t ! 3i408PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 'PHONE 493-1171 June 26, 1979 Glen Cove Associates P. O. Box 99 Laguna Beach, California 92652 Re: Division of Land 78-2 Gentlemen: At thair meeting of June 20, 3979, the City Council approved the Final Map for Division of Land 78-2, and the Agreement to postpone installation of public improvements. 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. I£ you have any questions, please do not hesitate to call. Very truly yours, Grp i' > ; / L. (MRS) MART(/ NN HANOVER City Clerk MAH/cj Enclosure cc: RecreActions, Inc. Director of Public Works Ll 4�K 1 3208 p 1 3'"99 LEGAL DESCRIPTION OF GLEN COVE ASSOCIATES LANDS JAN 181979 The land -referred to is situated in the State of California, County of Orange, and is described as follows; That portion of Lots 3 and 4 of Section 7 South, Range 7 West, S.B.B. & M., described as follows: Beginning at a point on the Southwesterly boundary line of the Rancho Mission Viejo, said point being 381.3 feet Southeasterly from Station No. 22 of the Sari Juan Hot Springs road as described in the deed to Orange County, recorded October 22, 1913 in Book 243, Page 1 of Deeds; thence North 540 30' West, 22 chains along said boundary line to set rock ti marked F 1/4 on the East face; Lhence South 7.44 chains to a set post marked J. L. M., said post marking the Northwest cornu of the land conveyed to Lorenza A. Manriques by deed recorded November 4, 1898 in Book 38, Page 347 of Deeds; thence East .along the North line of land so conveyed, 244.8 feet to a post marked J.L.M., said post marking the Northeast corner of said land conveyed to Manriques; thence South along the East line of said land conveyed to Manriques 1322 feet to a set 4 x 4 post marked J.L.M., said post marking the Southeasterly corner of said land conveyed to Manriques; thence North 410 30' East to the point of beginning. Excepting therefrom that portion lying Southerly of the center line of that certain road known as Ortega Highway 60 feet in width as described in deed to the County of Orange, recorded September 28, 1932 in Book 576, Page 237 of Official Records. C-4NS7.,WC7* Z./ -OZOPE- P/Tov/[W IK� JAN 197-9 BK -13208 p- 1433 c6',,VsrRa,cr W.'C. CITY OF SAN JUAN CAPISTRA110 DEPARTMFNIT OF PUBLIC VIORK5.