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1976-1117_SWEENEY & MCCABE_AgreementRECORDING REQUESTED BY s WHEN RECORDED, RETURN TO: DOCUMENT�JY TRANSFER TAX - NO TAX DUE Office of the Clerk 12389 32400 Paseo Adeoto FC2 EMPT ar Sa* Juan Capistrano, y Ann a -move Cit Clerk California 92675 San Jua�apistrano, California 4 AGREEMENT RELATING TO THE POSTPONEMENT OF REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS DOL 76-2, Sweeney/McCabe - Sanitary Sewer System i7 n yo ✓embe THIS AGREEMENT is made as of this ztth day of Oeteber 1976, by and between the City of San Juan Capostrano, hereinafter called "CITY", and John B. Sweeney and Helen Marie Sweeney, John McCabe and Mary McCabe, herein- after 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 of Patents, Records of Los Angeles, California, described as follows: Beginning at the most Southerly corner of the 4.870 acre parcel of land shown on a map filed in book 43, page 42 of Record of Surveys in the office of thS County Recorder of Orange County, California; thence North 82 05' 10" West 189.76 feet along 0 the Southwesterly line of said parcel of land; thence North 3 57' 10" East 408.85 feet to the Northeasterly line of said Parcel; thence South 76 24' 40" East 361 95 feet; thence South 170 03' 50" West 275.53 feet; thence South 54� 58' 00" West 135.15 feet to the point of beginning. Excepting therefrom the portion conveyed to the County of Orange, for and in behalf of Orange County Water Works District No. 4, by deed recorded September 21, 1961 in book 5856, page 855, Official Records. Said property is also known as Assessor's Parcel No. 124-110-30; and, WHEREAS, as a condition of approval of Parcel Map (DL 76-2, Sweeney/ McCabe), OWNER is required to enter into an agreement to form an assessment district and participate in the construction of a sanitary sewer system in accordance with Section 4.1.11E of the LUMC: 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, and WHEREAS, the aforesaid improvements will specifically benefit OWNER'S property and OWNER acknowledges and agrees that the obligation herein should run with the land, and NOW THEREFORE in consideration of the approval by the CITY of Parcel ,Map (DL 76-2, Sweeney/McCabe), OWNER covenants and agrees to participate in an improvement district for the construction, of a sanitary sewer system. •OWER 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. 00 ID Ul 4b J 0NrSi(IV Hd d�S Nnfl(' V 121'Nd dj j0 Ai ```ypss�� s LL, Ntl 9Z I(" 0:?J/ 3 4 t a A13038 e� 1 1989PC 548 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. State of California ss: County of Orange CITY OF SAN JUAN CAPISTRANO By:,� MayOr OWNER By: N B. MEENEY By: %1lQioc FJL71 FN Ml1RTF CL.IFFNFV .32 MARY MC PBE a /YA L6�<i On /o - -z (- - 7 6 before me, a Notary Public in and for said County and State personally appeared JOHN B. SWEENEY, HELEN MARIE SWEENEY, JOHN MC CABE and MARY MC CABE, 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 seal. ATTEST: � I f.ITY CLERI " APPROVE AS TO FORM: ES S. OKAZAKIES S. CITY ATTY. muwxmnnmxnn.. .... mnnnnnniOFFIGALx3xxnwpm nnnmg MONA K. COLLINS $� O NOTARY -PUBLIC CALIFORNIA 3 PRINCIPAL OFFICE IN ! ORANGE COUNTY g My Commission Expires March 31, 1977 xxxnnxnmxnmm�xnnrnimnnnmxnnxn...... nxmumnxnxmnninnun.mnnr RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA ;i!! 'MI". 12 P.M.7EC 9 1916 Past J. WYLIE CARLYL� County Recorder 14 ONydisldb N Nd$ 11 �d,i.L5tdb3 LL4 NV ya 51►�P NV(tf tAls A13a 30 03 03A13OU