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