1979-0905_HOFFMAN , WALTER & PATRICIA_Agreement'REr,"T)ED AT THE REQUEST OF
LAID IMETURN TO:
City pf San Juan Capistrano C 2
7ffice of the City Clerk
32400 Paseo Adelanto L 6 7 5 4
San Juan Capistrano, CA 92675
RECORDING FEES EXEMPT DUE TO
GOVERNMENT C0415ECTION 6103
Mary Ann Ikvhover, City Clerk
City of San Juan Capistrano, CA
AGREEMENT RELATING TO THE POSTPONEMENT OF
REQUIREMENT TO DEDICATE AND INSTALL PUBLIC IMPROVEMENTS AND PAR-
TICIPATE IN FUTURE ASSESSMENT DISTRICT (HOFFMAN)
C30
This agreement
is made as of this
5th
day of `ill
September 1979
, by and between the
City of
San Juan Capistrano, U7
hereinafter caned "CITY"
and Mrs. ;=a_ter S.
io£fn;an
hereinafter
called "DEVELOPER."
W I T N E S S E T H:
WHEREAS, DEVELOPER is the owner of certain property in the
City of San Juan Capistrano described as:
Assessor's Parcels Nos. 124-223-50 and 124-223-49
WHEREAS, DEVELOPER seeks the permission of the CITY to:
Construct, operate and maintain a boarding and training
equestrian facility on the subject property.
WHEREAS, the use contemplated by DEVELOPER will add to the
municipal responsibilities of and require further municipal services from
CITY; and
WHEREAS, DEVELOPER should properly undertake his share of the
aforesaid additional burdens; and
WHEREAS; Ordinance No. 293 of CITY requires the improvement and
dedication of public rights of way on, adjacent to, and contiguous to a
property being developed, said improvement being the construction of full
street immroveinents to include utilities and appurtenant facilities; and
WHEREAS, the requirement that DEVELOPER dedicate and improve
his portion of San Juan Creek Road is a reasonable condition to the grant-
ing of authority herein sought; and
WHEREAS, DEVELOPER desires to postpone the actual installation
and dedication of said improvements until such time as CITY shall require_
them.
NOW, THEREFORE, CITY and DEVELOPER agree as follows:
1. Developer hereby agrees to dedicate the right of way for
San Juan Creek Road upon approval of a precise alignment of .San
Juan Creek Road and declares that all of the property herein des-
cribed is and shall be held, conveyed, hypothecated or incumbered,
leased, rented, used, occupied and improved subject to these
covenants, which shall run 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. , "physical limits of this require-
ment are indicated on Exhibit A attached hereto and made a part of.
r
OK 13320,FB 1 380
2. DEVELOPER further covenants and agrees that no protest
shall be made to any proceedings for the installation of street
improvements (to include utilities and appurtenant street
facilities) under any special assessment proceedings, whether
conducted pursuant to the Improvement Act 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 agreement
as of the date first above written.
CITY OF SAN JUAN CAPISTRANO
B.
KENNETH E. FR ESS, YOR
DEVELOPER
APPROVED AS TO FORM:
VX4ES S. OKAZAKI, TITY ATTORNEY
-2-
RECORDED' IN OFHUu L R+-��•••--
pt ORANGE COUNTY, CALIFORNIA
1� 4 PASEP 2119"
LEE A. BRANCH, county W*raof
BK 13320F, 1381
State of CALIFORNIA \ On this the 5th day of September 19 79 , before me,
County of
ORANGE (( sg. the undersigned Notary Public, personally appeared
1
MRS. WALTER S. HOFFMAN
known to me to be the person(s) whose name(s) s subscribed.
to the within instrument and acknowledged that she
executed the same for the purposes therein contained.
L&1�0
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
IIRYomm. expires ara 14, ieso MARY A N� NOV R, NOTARY PUBLIC
OENERAL ACKNOWLEOCEMENT FORM
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