Loading...
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 i?v wi • ..dTF avcoirEnarm in�uNarrn tru RU TAX ,�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 -2-