Loading...
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 $AMOMT 0 YPAM �M20- i«Nfi WWO tart .ct t1N t#D 0 0 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 attachment ��At-< 1. MAS. IAA7JVE L1lYp���y �acrnea/�Ci2'/A//YIYQPd_✓1. cplr¢_jj}((.�Ql�/M. L AfflaarawAW CIL MaVAA/I, 5214 AUG 1 Bri I Y tM� WtifA l y._Y Y[CiY 3LIL/:�_A'1 l QF 1Jiif Li�.A•.Qi•/i/.Ml1Y.�Oii�. I w.<� Mil•.L.Y✓ I. ANR..d@%J77.W 'U iia: 9i'iRiSAIWAG eiN/ A�s �n IS OQ Iaf. lftALWfAT3fr4A0 AFAWWAU ifRllllS AffNa AWAW=W TdW WrAmw Af/sAaC/C i l!/A0110�R.V/d/ - 711fQ wMowII AOIlYiROp/I GfuLdltM✓LYOKY.aR/AaOadtsaG TAW4W& 0AftV.+LCALi1fNL1f14yfNlA Aao.iKOe0��1L'Wdb10�I^..li1YN/M.J�MV ]JV C1YCiOrtOIrVOM 44]VIw((OLMYNOJUOo�WCf rr�JvlafAp[/09K�•�: .YnK LIfl. AAOffEMf-0IIfrAWiAPORKfPA]I/AAERIILC.eP9/illCRa4tlFa JLWOWAW�OACrAr MARvrGlwl.trv4une.Wa wWAM .26(L*5. S7YfffA5SAftW4WV"ANR AnO.IKr•Ip G1fAlN fAA1/?Ctlf.OfMa AD JIi ICI+itaCO,'M/aJJft AO ALSO MLfCrf✓AMWAV Aol MO*ftft7PfR 1DOeC16tN ATMEG/IYiM .w IWO AR CAWWA06tl CYA4+400*" FA~01.. .Sw.7W�t/OWa7iMW 7K44cMFVl.El�4Y�ID�Mt/RA�TIs 453AewN �'�,` •' "T�i. L..7�a.+la�_ //�.: -• Q 6r.i MCt-.fftA.A✓I.f. c..aaArnRf.f .rrfuc. tvs - :1 . o. Spar! d C'tAt2QLA4 S S. A AWMSjj " �aFFtW AK ..aavrf✓AftMW A4NPJY✓lflftLlV ab CetMYAiO SIOL. Ai$O' I.y(/YAGC�O A &"L. U M'Sd ,AAOWM/7WAff Ifo a AMWA IV TumJD»k WOO MA MA*EnA �AGf><Of MW ro•ir wNrmtr irfLcrmnRa+ur. AOY GOffftr15Ai�t /m44'f5:�(•it-T 1fIARSS r✓.u�fONoo4u+taa6. R.exA�.�n>��wasdlaesaawlnA.ywlc»Fe�erro.Auc awr�uer5 AY✓f Al6VOvillfp+ 7.R wmiasrd¢r�wrdoaasE.axae�ta�6csrram,oe.eafos •amaaro AV Ap"MA AmsfJ CWZW r, Ia0"49. I4~em datfaau Awl r 4NIf/1fLt4IS AfO0A1RJ MYLileJ OM•fL9wR+V9ALal A *4WOK AM99 $ .MeMdMC NQa1r AtffQ)dLiffll AforaAxArtaesesd.etsaxo. i .SM.Of6lS6 at0 O jjq ALC Q?si /Y 4!]KPC �Av6tllVRrAPRYi /w� aaa�roJlaq AarinorevAztnc . a/ TRACT NQ 316 CIW Af Ati.99j RS 98%/7 w ,. A AAf� Vufr5IIAM�AIIp.AffffAAa dnvsawwsov wIf1 Afp ...U• aro+.afcfl. fYO.MY I!Ci. AYil, rAY e.�r a s.u.+c+v c�oilrwAfe Jsvf d�-„—.•.� OXAVIrdOBffiGf sa. r�a•r dsw..�Af.. uiaseaw �A9PAf W21fL DAIfiTY �A�A sw.woAtvaoA�arnvm.t.Lrdsx.aatxusurE.vertr�snv II .00Ra1LC7V$[fR/023C5 LYL 3ldg7.J.[Vf>; 4aOJaO C//✓QYw.CC a+s�afdna casfi.iar�oeazar>a.wALwLOSE•-L - JItD Gl✓CG.CC [ap KJ�.4�Jw,O.yOR'.OGMVrA ]AL' A�yyiSyg d S1C111w caafa6.V)d Tlssannrsw.ww Ac .. mrdm�s aoa �itr .s;e. .uuyAiry .rK. EE<AASA!L AiJpAAgq�1.1S77srl.i�Gf✓ <�C.� sc C'LY/A/lY SLµ'ai(YPC /f L11LT/lY �a�feAc - .� �OVERI�EAD �.�.- UTI ITy EASEA H].?T/ONACW. %ia, ` ,SEC. /c -B -B ` /N LOT/T BLCCtc'2„S�7N .TG:dtyrw T2.�LNC hC.2 PARCEL. 2 ('z fo5AC) r Of Q p►p Nk '{ild,� L• Ya�JC_ii.'r:6:3: x:-C36-alaG it i�4 •a r u. r : _. c -.-.,.h ,.wa-.ss:.n asf ��� � �<�•,�, mss•, i.y� i � i ' .