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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 Z J x P, W i rw > P 1 o x O r I N ' O a Z Z P i C.1 CD D e y = m m P N co o m 9 m P 1 O = / G tti x P,