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1976-0721_SHREWS BURY, HELEN L._Declaration of Restrictions6x I ! 8a7�c 472 1. Developer, his successors and assigns, covenant and agree that the utility lines depicted on Exhibit A attached hereto and by this reference made a part hereof, shall be placed under- ground on call of the CITY; 2. Accordingly, Developer further covenants and agrees that no protest shall be made to any proceedings for the instal- lation of underground utilities, 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. ATTEST: MARY A7das NOVE , CITY CLERK Approv to Form: K-4� ES S. OKAZAKI CITY OF SAN JUAN CAPISTRANO c �•UG NASH DEVELOPER EVEELOPER HELEN L. SHREWSBURY By -2- INDIVIDUAL ACKNOWLEDGMENT State of California l '�X 1 1 $ Vin 47.3 ....................... ..............County of ----- Orange ..................... . S.S. On this -------- LOth ---------- day of ...... August ---------------- 19.76--, before me, ........_...-_Kathlyn... Myers .... ----------------------------------------- ---- aNotary Public ixxmd for ----- County, (SEAL) personally known to me to be the person...... whose name...-.is..............................subscribed to the within instrument, and acknowledged that --- s.he------ executed the same. WITNESS my hand and official seat. i OFFICIALSEAL / ,U nFF _ s .,.5 <�,�.: KATHLYN MYERS /�%,- ... ......... ....... ...... ... .. _...---". - —Ji.--- -' --------' - .... ......' - ---...' ----------------------- u ���+u'r xh` �l Wp NNGtLLS Cil 4+ MY comm. exp;rss ioL z' . a Notary Public imp for sMgx....19s--Angeles ....... ......... .County and State My commission expires ............ uly_.22...19_. 78 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On July 21 _, 19 76 , BEFORE ME, the undersigned, a Notary Public in and for said County and State, personally appeared DOUG NASH mayor known to me to be the person whose name W i5 subscribed to the within instrument and acknowledged that hem executed the same. WITNESS my hand and official seal this 10th day of August 19 76 OFFICIAL SEAL MARY ANN HANOVER ) "r°nG • ^ NOTARY PUGLIC - CALIFORNIA oenra-F My coma. exude; rPR 14, ASO Notary lic RDED AT THE REAUEST bF DOCUMENTARY TRANSFER TA? RETURNSan TO: � " �� 0 I 1 5243 � �, y of San Juan Ca.pistran y Clerk's Office Mary nn anCover, 40CY Paseo AOfficeo AGREEMENT RELATING TO THE POSTPONEMENT OF City CSS Jerk n Juan Capistrano, REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS Capistrano, CA CAar A 92675 This agreement is made as of this 21st day of Jules . 1976 , by and between the City of San Juan a Capistrano, hereinafter called "CITY" and Helen L. Shrewsbury , hereinafter called "Developer'. 00 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: e J AP #649-082-21, also known as.31979 Del Obispo Street, San Juan Capistrano, California 92675 WHEREAS, Developer seeks the permission of the CITY to: Postpone undergrounding of utilities WHEREAS, the use contemplated by Developer will add to the municipal responsibilities of an require further municipal services from CITY; and WHEREAS, Developer should properly undertake his share of the 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 Developer underground the existing overhead utilities is a reasonable condition to the granting 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, Developer 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; - RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA 45 pmalnst- 12 P M AUG 111976 1. WYUE CARLYLE, County Recorder 4 �' n 11847PC 474 DECLARATION OF RESTRICTIONS THE UNDERSIGNED, being the sole owner of that certain real property hereinafter described, hereby covenants, agrees, and declares that all of said property is and will be held, sold, and conveyed subject to the following covenants, conditions, and restrictions, which are hereby declared to be for the benefit of all of the property described herein, and the owners thereof, their successors, and assigns. Said restrictions establish and impose a general plan for the improvement and development of all of the property described herein and the adoption and establishment of covenants and restrictions upon said land and each and every portion thereof and upon the use, occupancy, and enjoy- ment thereof. Every conveyance of said property or portion thereof shall be and is subject to the said covenants, conditions, and restrictions, as follows: Television antenna or television antennas shall not project onto or above any exterior elevation of any structure, unless there is no television cable distribution service available. The property affected by and subject to the restrictions herein contained is situated in the City of San Juan Capistrano, County of Orange, State of California, and is described as follows: That portion of Lot 17 in Block 2 of San Juan Capistrano as shown on a Map recorded in Book 3, page 122 of Miscellaneous Records of Los Angeles County, California together with those portions of Lot C of Tract No. 318, as shown on a Map recorded in Book 14, page 39 of Miscellaneous Maps, records of said Orange County described as follows: Beginning at a point in the North line of Section 12, Township 8 South, Range 8 West, S.B.B.M., lying South 890 48'00" East, 65.07 feet from the Northwest corner of said Section 12; thence South 89048'00" East, 424.23 feet; thence South 66016'00" East, 319.54 feet to a point in the centerline of Del Obispo Street; thence along said centerline South 34004'00" West, 326.42 feet; thence leaving said centerline North 55056'00" West, 42.00 feet; thence South 79004'00" West, 35.36 feet to a point on a non -tangent curve, concave North- easterly, having a radius of 2970.00 feet, a radial to said point bears North 34004'00" East; thence Northwesterly along said curve through a central angle of 2007'00", an arc distance of 109.72 feet; thence leaving said curve, tangent North 53049'00" West, 200.50 feet to the beginning of a tangent curve, concave northeasterly, having a radius of 970.00 feet; thence North- westerly along said curve through a central angle of 10033'00", an arc distance of 178.61 feet; thence leaving said curve tangent North 43016'00" West, 115.49 feet to the point of beginning. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them so long as the installation of such antennas shall be prohibited by the City of San Juan Capistrano, its successors and assigns. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real pro- perty situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons vio- lating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. -1- i 0 8111847H 475 A breach of any of the covenants, conditions, or restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value on said lots or property or any portion thereof, but said covenants, conditions, and restrictions shall be binding upon and effective against any owner of said land whose title is acquired by the foreclosure of any lien or mortgage thereon or sale under any deed of trust given to secure the payment of money. Dated this 14th day of July , 1976. HR WSBURY � s APPROVED AS TO FORM: J ES S.OKAZAKI, CITY ATWRNEY INDIVIDUAL ACKNOWLEDGMENT State of California ....... County of .......... 9range................� S.S. On this ........... 1Qth....... day of ----------------- .Auguat....1970._. before me, ... athlyn-Myemg!.............. -............................... a Notary Public iifW for sM... Los Angeles County, (SEAL) personally appearedxelen--L._.Shrewsbury--------------- — -... .... ---- --... ... .. ................. .......... ...........------- --- known to me to be the person...... whose name ----------- ........................subscribed to the within instrument, and acknowledged that_. g--he-..._executed the same. WITNESS my hand and o tial seal. r>rrir /y Al SEAL / K KA -N YrPJ F,Y,r ..... ... .... .....�1 J - `• <_-JJ Ji Y rA L z, 147$ Notary Public Wand for sag ........ Los Angeles __ P -,e9 ..73 My commission expues--July-------... 22 ----........... 19..... 78 -2- ...--- County and State