1976-1215_SMITH & SURMEIR_Agreement (2)WHEN RECORDED, RETURN TO
Office of the City�erk
3862'2
32400 Paseo Adelair
San 3VAh Capistrano, E,\
California 92675
DOCUMENTARY TRANSFER TAX — NO TAX DUE
Per Governmektodje, Section 6103
Mary Ann/,Hanovdr, City Clerk
San Jua Capistrano, California
AGREEMENT RELATING TO THE POSTPONEMENT OF
REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS
(PUBLIC SEWER — 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
"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 Parcel Map (DL 76-6, King),
OWNER is required to enter into an agreement to form an assessment district and
partitipate in the construction of a sanitary sewer system in accordance with
Section 4.1.11E of the LUMC; and,
Esc 120 13'" 1 136
L _�? WHEREAS, the •oresaid improvements will specocally benefit OWNER'S
property and OWNER acknowledges and agrees that the obligation 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 the CITY of Parcel
Map (DL 76-6, King), OWNER covenants and agrees to participate in an improvement
district for the construction of a sanitary sewer system. 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 sewer system.
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 wirtten above.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
Mi
f- Pas.st .2 /2MDEC,Zg 1976
Pa
J. WYLIE CARLYLE, County Recorder
CITY OF SAN JUAN CAPISTRRAANNO
MAYOR
OWNER
c
G�•�%4%�
LYLE SURMEIER
State of California)
) ss:
County of Orange )
On (� _c- J /9 7,6 before me, a Notary Public in and for said
County and State per onally appeared CHARLES J. SMITH and LYLE J. SURMEIER,
known to me to be the persons whose names are subscribed to the within instru-
ment and acknowledged to me that they executed the same.
WITNESS my hand and official
bCPL
N IP'R,N� ��4pNNN, 9�g
0µ1'N6
APPROVED AS TO FORM:
C) 0