1976-1117_SWEENEY, JOHN & HELEN_Agreementkec°R°INO WHEN RECORDED RETURN TO: DOCUMENTARY TRANSFER TAX - NO TAX D
'REQUESTED BY Office of the Q Clerk 12387 °
" 32400 Paseo A�to E"EMPT?
San Juan Capistrano, ary Ann ono er, City Clerk
California 92675 C2 I San Ju Capistrano, California
AGREEMENT RELATING TO THE POSTPONEMENT OF
REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS
M DOL 76-1, Sweeney - Sanitary Sewer System
175 V1.1 bei
THIS AGREEMENT is made as of this 213th day of 1976, by and
between the City of San Juan Capistrano, hereinafter called "CITY", and
John B. Sweeney and Helen Marie Sweeney, hereinafter called "OWNER".
r,
WITNESSETH:
WHEREAS, DEVELOPER 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 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, Official Records, in the -
office of the County Recorder of said Orange County, with the center
line of the California State Highway (100 feet wide) as described
in the quitclaim deed recorded December 29, 1944 in book 1287,
page 462, Official Records, in the oMce of the County Recorder
of said Orange County; thence South 35 49' 02" West along the -
center lane of said highway, 341.93 feet; thence leaving highway,
South 20 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 in the
ofaice of the County Recorder of said Orange County; thence North
47 34' 20" East along the Southerly line of said land conveyed
to Brown, 119.84 feet; thence contin8ing along said Southerly line,
and its Easterly extension, South 76 24' 40" East 876.08 feet to
a point in the Southwesterly lane of Parcel 2, described in said
deed to Brown; thence South 17 08' 00" West 345.04 feet to the
true point of beginning of the boundary of the land described herein;
th8nce continuing South 17° 08' 00" West 378.$5 feet; thence North
67 30' 20" West 198.74 feet; thence North 17 09' 00" East 390.15
feet to a point in a line which bears North 64° 16' 40" West from
the true point of beginning; and is distant t8ereon 200.00 feet
from said point of beginning; thence South 64 16' 40" East 200.00
feet to the true point of beginning.
Said property is also known as Assessor's Parcel No. 124-110-24;
and,
WHEREAS, as a condition of approval of Parcel Map (DL 76-1, Sweeney),
OWNER is required to enter into an agreement to form an assessment district
;and participate in the
with Section 4.1.11E of
construction of a sanitary sewer system in accordance
the: LUMC; and,
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
S P83i 12 P.M.OEC 9 1'376
1. WYUE CARLYLE, County Recorder
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WHEREAS, th• foresaid improvements will specifically 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 -76-1, Sweeney), OWNER covenants and agrees to participate in an improve-
ment 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 written above.
CITY OF SAN JUAN CAPISTRANO
By:
MAYOR
OWN
By:
J&P B. SWEENEY /
By:
HELEN MARIE SWEENEY
State.gf California)
1 ss:
County of Orange )
On -Z31 H e - /— 7e- before me, a Notary Public in and for said
Cou,rty and State personally appeared JOHN B. SWEENEY and HELEN MARIE SWEENEY,
known to me to be the persons whose names are subscribed to the within instru-
meAt and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
ATTEST:
CITY CLE7
APPROVED AS TO FORM:
S. OKAZAKI, CITY ATTOVEY
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OFFICIAL SEAL
VICTOR SANTINI i
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NOTE.^" PU:)LIC CALIFORNIA
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PRINCIPAL OFFICE IN
♦
ORANGE COUNTY
My Commission
Expires April 1, 1977
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