1976-1215_SMITH & SURMEIR_AgreementWHEN RECORDED, RETURN TO:
"Office of the City Jerk
32400 P Ad
38621
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�.. San Juan Capistrano, [A;":;;I
California 92675 (_
PeroverrY nt N od R Sec iori 061T DUE
�
ary Ann A lover, City Clerk ,
San Juan/ apistrano, California+
AGREEMENT RELATING TO THE POSTPONEMENT OF
REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS Cj
(PUBLIC ROAD - DL 76-6 KING)
THIS AGREEMENT is made as of this 15th day of December,1976, ()
by and between the City of San Juan Capistrano, hereinafter called tJ1
"CITY", and Charles J. Smith and Lyle J. Surmeier, hereinafter
called "OWNER".
WITNESSETH:
WHEREAS, OWNER is the owner of certain property in the City of San
Juan Capistrano, described as:
That portion of the Rancho Boca De La Playa, as shown on a map
recorded June 29, 1887, in Book 4, Pages 118 and 119, patents,
records of Los Angeles, County, California, described as follows:
Commencing at the intersection of the Northeasterly line of that
certain parcel of land described as Parcel 8, in the Deed recorded
October 6, 1930, in Book 428, Page 75 of OFficial Records, with
the center line of the California State Highway (100 feet wide)
as described in the Quitclaim Deed recorded December 29, b944,
in Book 1287, Page 462, Official Records; thence South 35 49' 02"
West, along the center line of said highway, 341.93 feet; thence
leaving said highway South 200 44' East 432.01 feet to the most
Southerly corner of the Tract of 10.575 acres conveyed by
Marco F. Forster and wife, to Clarence R. Brown by Deed dated
October 21, 1947, and recorded December 30, 1947, in Book 1604,
Page 411, Official Records; thence North 470 34' 20" East 119.84 feet
along the Southerly line of said land of Brown to an angle point
therein, thence South 760 24' 40" East 548.82 feet along said
Southerly line to the True Point of Beginning; thence South
760 24' 40" East 327.26 feet along said Southerly line and its
Easterly prolongation to the Southwesterly line of Parcel 2,
described in said Deed to Brown; thence South 170 18' 00" West
345.04 feet; thence North 640 16' 40" West 330.00 feet; thence
North 170 03' 50" East 275.53 feet to the True Point of Beginning.
Excepting that portion described as follows:
Beginning at the most Southerly corner of that certain land
described as Parcel No. 1, in Deed to Jess H. Thompson, Mary V.
Thompson, and James C. Bathgate, recorded February 19, 1960.
in Book 5108, Page 260, Official Records; thence North 640 16' 40"
West, along the Southwesterly line of said Parcel No. 1, a distance
of 121.97 feet; thence North 170 08' 00".East, along a line parallel
with the Southeasterly line of said Parcel No. 1, a distance of 319.35
feet to the Northeasterly line of said Parcel No. 1; thence South
760 24' 40" East, along the said Northeasterly line, a distance of
120.83 feet to the most Easterly corner of said Parcel No. 1; thence
South 170 08' 00" West, along the Southeasterly line of said Parcel No.l,
a distance of 345.04 feet to the True Point of Beginning.
Said property is also known as Assessor's Parcel No. 124-110-36, and,
WHEREAS, as a condition of approval of a Parcel Map (DL 76-6, King),
OWNER is required to enter into an agreement to participate in an improvement
district for the construction of full public street improvements for a public
road; and,
U!2013,n! 136
F WHEREAS, the relaid improvements will spec ally benefit OWNER'S
-•„ + ,property and OWNER ackn edges and agrees that the obli tion herein should
run with the land; and,
WHEREAS, CITY may require the construction of public improvements
and the OWNER or his heirs, assessors, or assigns will be at that time required
to participate in the Costs.
NOW THEREFORE, in consideration of the approval by CITY of Parcel
Map (DL 76-6, King), OWNER covenants and agrees to participate in an improve-
ment district for the construction of full public street. OWNER further agrees
that no protest shall be made to any proceedings pursuant to the formation of
said assessment district for the construction of said road.
The foregoing obligation shall, in addition, be a burden upon, and
be binding upon, and inure to the benefit of, the parties hereto, their
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the date first written above.
RECORDED IN OFFICIAL RFCORDS
OF ORANGE COUNTY, CALIFORNIA
45 Min. Past �2 PMjEC .297976
J. WYLIE CARLYLE, County Recorder
State of California)
CITY OF SAN JUAN CAPISTRANO
By:
MAYUR DOUG NASH
ss:
County of Orange ) .
Onbefore me, a Notary Public in and for said County
and State personally topeared CHARLES J. SMITH and LYLE J. SURMEIER, known to me
to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
WITNESS my hand and official sey%
ATTEST:
IY RISS
APPROVE AS TO FORM:
LES- . SOK ,J
ES S. OKAZAKI, CITY TTY.
OFFIC',AL SEAL___
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