1976-0519_HALL / CRUTCHER_Agreement8Ah
August 9, 1976
Mr. J. Wylie Carlyle, Recorder
County of Orange
P.O. Box 238
Santa Ana, California 92702
Re: Agreement Deferring Public
Including Un ergroun ing o
itv of San Juan Canistra
Dear Mr. Carlyle:
vements
ities
17 Crutcher)
Enclosed is an Agreement for recordation between the
City, Bryan and Linda Hall and Richard and Marie Crutcher. The
Agreement is for the deferral of improvements, as set forth
hereinabove.
When placed of record, please return the Agreement to
this office. Thank you for your cooperation.
Very truly yours,
Lt'Z�ANOVERW
City Clerk
mh
Enc losure
cc: J. Neville, Public Works Department
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,�ftice bf the City Clerk
3.,400 Paseo Adelanto
sin'Juan Capistrano, CA 9*5nary Iianovyr Cityy CC -irk
JNan Juan Capisrhno, L'alieiornia
AGREEMENT RELATING TO TILE I)OSTPONE,MENT OF
REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS
This agreement is made as of this 19th day of May ,
19761 by and between the City of San Juan Capistrano, hereinafter
called "CITY", and Bryan and Linda Hall and Richard L. and Marie B. ,
hereinafter called "OWNER." Crutcher
WITNESSETH:
WHEREAS, OWNER is the owner of certain property in
the City of San Juan Capistrano described as:
A portion of Section 1, Towneship 8 South, Range 8 West, San
Bernardino Base and Meridian 23.15 acres - four (4) parcels.
WHEREAS, OWNER seeks the permission of the City to:
Defer public improvements including undergrounding of utilities.
WHEREAS, the City Council has directed that the property
owners of the property described above shall participate in a public
improvement district to guarantee the future construction of public
improvements; 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
WIIEREAS, the undergrounding of utilities will benefit
OWNER'S land and the requirement that OWNER underground the
existing overhead utilities is a reasonable condition to the grant-
ing of authority herein sought; and
WHEREAS, OWNER desires to postpone the actual install-
ation and dedication of said improvements until such time as CITY
shall require them.
NOW, THEREFORE, OWNER hereby agrees that the existing
utility lines will be placed underground and the public improvements
will be constructed upon call of the CITY and declares that all of
the property herein described is and shall be held, conveyed,
hypothecated or incumbered, leased, rented, used, occupied and
improved subject to the following covenants, which shall ruu with
the land and shall be binding upon all parties having or acquiring
any right, title or interest in said 'Lands or any part thereof.
1. OWNER his successors and assigns, covenant and
agree that the public improvements to be required in the road
�f
easement shown on lie Parcel Map referred to *oove shall be constructed
at the call of CITY. If the construction of the public improvements
is not required by CITY during OWNER'S ownership of the land,
the obligations herein contained shall be specifically contained in all
subsequent deeds transferring title to property.
2. OWNER 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 under-
ground on call of the CITY. If the undergrounding is not required
by CITY during OWNER'S ownership of the land, the obligations
herein contained shall be specifically contained in all subsequent
deeds transfering title to property.
3. OWNER further covenants and agrees that no
protest shall be made to any proceedings for the installation of
public improvements or underground utilities, under any special
assessment proceedings, whether conducted pursuant to the Improvement
Aft -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 governmental 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 Agree-
ment as of the date first above written.
CITY OF SAN JUAN CAPISTRANO
OWNERS
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