1984-0619_O, CONNELL , JOHN P_AgreementWHENaECORDING
CO REQUESTED BY AND# 84 318758 REC�ING FEES EXEMPT DUE TO
WHEN RECORDED RETURN TQ GOV MENT CODE SECTION 6103
City ;of San Juan Capistrano
Office of the City Clerk EXEMPT
32400 Paseo PKSMV#tp C%
San Juan Capistrano, CA 92675 MARY AN ANO R, City Clerk
'U078 It SACK%ENT RELATING TO THE POSTPONEMENT OF San Juan Capistrano
CITY CtERY UTILITY UNDERGROUNDING, California
PARCEL 1, PARCEL MAP 83-42 (O'CONNELL)
JUAN
This agreement is made as of this 19th day of
June 1984 by and between the City of San Juan
Capistrano, hereinafter called "CITY" and John P. O'Connell_,
hereinafter called "PROPERTY OWNER."
W I T N E S S E T H:
WHEREAS, PROPERTY OWNER is the owner of certain property
in the City of San Juan Capistrano described as Parcel 1 of Parcel
Map 83-42; and
WHEREAS, PROPERTY OWNER seeks the permission of the City
to postpone the undergrounding of overhead utilities across
Parcel 1 of Parcel Map 83-42; and
WHEREAS, the use contemplated by PROPERTY OWNER will add
to the municipal responsibilities of, and require further municipal
services from CITY; and
WHEREAS, PROPERTY OWNER should properly undertake his
share of aforesaid additional burdens; 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
WHEREAS, the requirement that PROPERTY OWNER underground
the existing overhead utilities is a reasonable condition to the
granting of authority herein sought; and
WHEREAS, PROPERTY OWNER desires to postpone the actual
_..st^llaticn and dedication of said improvements until such time
as CITY shall require them.
NOW THEREFORE, PROPERTY OWNER hereby agrees that the
existing utility lines will be placed underground 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 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;
1. PROPERTY OWNER, his successors and assigns, covenant
and agree that the utility lines over Parcel 1, Parcel Map 83-42,
shall be placed underground on call of the CITY;
State of
C�
84-3187580
2. Accordingly, PROPERTY OWNER further covenants and
agrees that no protest shall be made to any proceedings for the
installation of underground utilities, under any special assess-
ment 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 U N CAPISTRANO
By
ry Hausdorfer, Ma r
Approved as to Form:
,rAKES S. OKAZAKI, CITX.ATTORNEY
California
SS.
County of Orange
OFBICIAL SEAL
MARY A CAI MN
NOTARY PUBLIC - CALIFORNIA
ORANGE C"TY
MY comm. IIXPIM IAN 5, 1988
On this the 30tlbay of
Mary A. Carlson
July
the undersigned Notary Public, personally appeared
John P. O'Connell
1984 , before me,
personally known tome
IN proved to me on the basis of satisfactory evidence
to be the persop(s) whose name(si is subscribed to the
within instrument, and acknowledged that he executed it.
WITNESS my hand and official seal.
CORPORATE ACKNOWLEDGME,"T 84-31875$L
, 1JlJlll.II./ ✓././/JJI././J//./III./!. ' -�. �=J_:-_t././Jt-/.//!!I✓�/./�/!!/_'_
Stateof _California
SS.
Countyof Orange
OFFICrAL SEAL
MAPY ^NIN HANOVER
L . MI. rrJOTARY PURLIC - CALIFORNIA
ORANGF COUNTY
My comm. expires APR 20, 1985
CORPORATE ACKNOWLEDGMENT
State of i ; fnrn i a
1 SS.
County of Orange 1
OFFICIAL SEAL
MARY A CARI. ON
NOTARY PUP,L!C - CALIPORNIA
ORANGE COUNTY
My mmm. expires JAN 5, 1988
NO. 202
On this the 19 thlay of June 19$ 4 , before me,
Mary Ann Hanover
the undersigned Notary Public, personally appeared
Gary L. Hausdorfer
NJ personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the personal who executed the within instrument as na
Mayor or on behaff of thecoruoratlon`therefn
named, and acknowledged to me that the%orporatoiorPezeecuted it.
WITNESS my hand and official seal.
R1i'-f7
On this the 20 ttmay of June 19-3--A before me,
A. Carlson
the undersigned Notary Public, personally appeared
Mary Ann Hanover
® personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
City Clerk or on behalf ot:the�.• &; Wt$Mfi ein
named, and acknowledged to me that the borporafIor�ezecuted it.
WITNESS my hand and official seal.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
.2 so VM AUG 1'84
/. /���
JA38 JAD110
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6. APPROVAL OF AGREEMENT FOR POSTPONEMENT OF UTILITY
/ UNDERGROUNDING, PARCEL MAP 83-42 (O'CONNELL) (38-#467)
.(38) As set forth in the report dated June 19, 1984, from the
(85) Director of Public works, the agreement to postpone utility
(90) undergrounding over Parcel 1 of Parcel Map 83-42, for a
single-family residence on Calle Aspero at Paseo Monte
Vista, was approved. The Mayor and City Clerk were
authorized to execute the agreement on behalf of the City.
The City Clerk was directed to forward the agreement to the
Orange County Recorder.
SAh
June 20, 1984
John P. O'Connell
1455 Union Bank Building
610 Newport Center Drive
Newport Beach, California 92660
Re: Aareement for PostDonement of Util
Dear Mr. O'Connell:
Enclosed is a copy of the Agreement Relating to the
Postponement of Utility Undergrounding, Parcel 1, Parcel Map
83-42. This Agreement was approved by the City Council at their
meeting of June 19, 1984, and the original was forwarded to the
County of Orange for recording.
Thank you for your cooperation.
Very truly yours,
MARY ANNOVER, CMC
City Cler
MAH/mac
L
June 4, 1984
JOHN P. O'CONNELL
ATTORNEY AT LAW
14S5 UNION BANK BUILDING
610 NEWPORT CENTER DRIVE
NEWPORT BEACH, CALIFORNIA 92GGO
TELEPHONE (714) 640-5890
Mr. George Al. Lohnes, Jr.
CITY ENGINEER
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RE: Postponement of Utility Undergrounding
Parcel 1, Parcel Map 83-42
Dear Mr. Lohnes,
Enclosed please find the original undergrounding agreement
fully executed and notarized. If there is anything I can do
to further assist in the approval of this request, please
don't hesitate to call.
Thank you very much for all your help in this matter.
VeW truly yours,
t
John P. O'Connell
✓ JPO:dh
Enclosure
T
•
AGENDA ITEM
TO: Stephen B. Julian, City Manager
0
FROM: W. D. Murphy, Director of Public Works
June 19, 1984
SUBJECT: Agreement for Postponement of Utility Undergrounding;
Parcel 1, PM 83-42, Calle Aspero (O'Connell)
SITUATION:
Mr. John P. O'Connell, property owner of a single residential parcel
on Calle Aspero at Paseo Monte Vista is proposing to construct a
single family residence on the property. Overhead utility lines,
which serve approximately eight (8) parcels, currently exist on the
northerly property line of Mr. O'Connell's property. Mr. O'Connell
is requesting that the City Council defer the undergrounding
requirement until the adjoining property develops. The adjoining
property (Shrewsbury) has a conditionally approved tentative map
requiring undergrounding of utilities during construction. The
undergrounding of utilities over both properties concurrently, is
reasonable both in terms of undergrounding cost savings and reduced
construction activity. Staff is therefore in support of deferring
utility undergrounding over Mr. O'Connell's property until the ad-
joining property develops. To guarantee the future undergrounding,
Staff has developed the attached Agreement obligating the property
owner to underground the utilities upon direction from the City.
COMMISSIONS/BOARDS REVIEW, RECOMMENDATION:
Not applicable
FINANCIAL CONSIDERATIONS:
There is no cost or compensation to the City associated with this item.
ALTERNATE ACTIONS:
1. Approve the Agreement for postponement of utility undergrounding
over Parcel 1, Parcel Map 83-42.
2. Do not approve Agreement for postponement of utility undergrounding
over Parcel 1, Parcel Map 83-42
3. Request further information from Staff.
By motion, approve the Agreement for
grounding over Parcel 1, Parcel Map
City Clerk to execute the Agreement
record the document with the County
Postponement of Utility Under -
83 -42; authorize the Mayor and
and direct the City Clerk to
Recorder.
Respectfully submitted,
W. b��`�
W. D. Murp Y
WDM/CMB:ol FC1R CITY COUNCIL AGENDA
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