1976-1117_SWEENEY & MCCABE_Agreement (2)WHEN RECORDED RETURN TO: DOCUMENTARY TRANSFER TAX - NO TAX DU
REQUESTED
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D BY Office Of the C& Clerk
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San Juan Capistrano EXEMPT ary Ann iIdov City Clerk
California 92675 C 2 San Juan Capistrano, California
AGREEMENT RELATING TO THE POSTPONEMENT OF
REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS
DOL 76-2, Sweeney/McCabe - Public Road
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THIS AGREEMENT is made as of this 25th day of Aetebe 1976, by
and between the City of San Juan Capistrano, hereinafter called "CITY", and
John B. Sweeney and Helen Marie Sweeney, John McCabe and Mary McCabe, herein- _
after called "OWNER".
WITNESSETH: 0
-'a
WHEREAS, OWNER is the owner of certain property in the City of
San Juan Capistrano, described as:
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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
tge Southwesterly line of said parcel of land; thence North
3 57' 10" East 400.85 Beet to the Northeasterly line of said
Parcel; hence South 76 24' 40" East 361.95 feet; hence
South 17 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 a Parcel May (DL 76-2, Sweeney/
McCabe), 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
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'CITY of Par'cA1''
Map (DL 76-2, Sweeney/McCabe), OWNER covenants and agrees to pa;rticipa�e'in an
improvement district for the construction of full pbulic street.' OWNtT 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.
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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.
CITY OF SAN JUAN CAPISTRANO
M yor
J HN B. SWEENEY
By. H EN M IE SWEENEY
B
HN MC CABE/Ly
By: r
MARY M&ICABE
State of California)
) ss:
County of Orange )
On /D - a C- 7b 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:
CITY C ERN
APPROVED AS"T0 FORM:
MES S. OKAZAKI, CITY AT F
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AL SFJLL3 , COL.LINSIC CALIFORNIA- OFFICE IN' COUNTY:dy �'ommissirr Earch 31, 1977NI111111111�1111111111111��11Illl�r.. rrr rll llllllll l�•'�:'rl rr lr rr���114111111111111111111111
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
Mln. 12 RM.REC 9 19/6
f ast
J. WYUE CARLVLE, County Recorder
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