Attachment E
Utility Undergrounding Suspension
Agreement
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Recoring Requested By: Recorded in
San Bernardino.
The City of Victorville No Fee
Doc No. 19990444996
When Recorded Please Return to: 10: 58am 10/26/99
City of Victorville
PÓ Box 5001
Victorville, CA 92393-5001 265 20238656 82 04
5 1607
-MON STIN SUr | CITCO TRANSTAX | DA | CARG
UTILITY UNDERGROUNDING SUSPENSION AGREEMENT
The parties to this agreement, dated this 19th day of October 1999, are the City of Victorville, nunicipal corporation, hereinafter called "City" and Michel Dunia Revocable Trust Including all assignees, heirs, mortgagees and successars in interest, hereinafter called "Applicant".
RECITAL
WHEREAS, the Victorville Municipal Code requires certain improvements in connection with the development of real property, and
WHEREAS, the City
with City Specifications; and
WHEREAS, Ordinance 1664 of the City of Victorville has authorized the Planning Commission to suspend, in whole or in part, the requirements to underground existing utilities, as specified in Exhibit "A", attached hereto, provided that the health, safety, and welfare of the public is not adversely affected, and further provided that applicant has agreed in writing to participate in any utility underground improverent program for the block in which the property is located, whether privately or publicly initiated; and that such agreement shall be recorded with the County Recorder by the City Clerk; and WHEREAS, the requirements and conditions applicable to development of the applicant's property are attached hereto and identified as EXHIBIT "A".
COVENANTS
APPLICANT HEREBY COVENANTS AS FOLLOWS:
1) To participate in any utility underground improvement program for the block, street, or area in which applicant's property is located, or which affects applicant's property. 2) To pay the sum which is determined by the City Engineer to be applicant's pro rata share of the cost of the utlit inderground improvement program, and to be subject to the same provisions for payment that apply to all othe persons who participate in said improvement program.
This agreement shall be binding upon and enforceable against applicant and all assignees, heirs, mortgagees, and successors in Interest, and shall be recorded In the Office of the County Recorder.
Dunia PAZA, LUSA
Rev. 8/27/G
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If applicants) or any successor in interest fails to comply with any term of this agreement or acts contrary to ar dinance of the City of Victorville, the City may bring action to enforce this agreement and said ordinanc charged by the attomeys performing such services.
5) The applicants real property to which this agreement applies, and which will be included in any utility underground program for the block, street, or area, is described as:
Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of Tentative Parcel Map #15357 AA0S/DAX/B//79PA
Recorded in Book /88 of Parcel Maps, Pages 35 through 42 inclusive, Records of San Berardino County, California. 6)
In consideration of the covenants contained, applicant. including all successors as described in paragraph 3 hereinabove, further agrees that applicant is familiar with the requirenents of the Municipal Improvement Act of 1911, California State Highways Code, Sections 5896.1 et seq. Applicant further agrees to waive: and give up each and every of the substantive and procedural requirements of saic Municipal Improvement Actof 1911 and any successor statutes for the purposes of causing the installation of said improvements.
Applicant further
specifically waives any rights to notice, protest and hearing as set forth in California Street and Highways Code, Sections 5896.1 et seg. or any successor statutes. This paragraph shall only apply in the event that the applicant fails to perform as required under this agreement.
7) This agreement creates and constitutes alien against the real property described above for the purpose of securing performance of this agreement.
CITY HEREBY COVENANTS AS FOLLOWS:
1)
2) That the requirement as described in Exhibit "A" is hereby suspended by the execution of this agreement to participate in any utility underground improvement program which includes or affects applicant's real property, as described in paragraph 5 of applicant's covenants herein. 3) That upon the completion of the required improvements determined to be satisfactory by the City Engineer, the City shall cause any existing liens related to said improvements to he released. sole and exclusive discretion to recommend a partial release oi lien(s) in the event that improvements are The City Engineer shall have constructed in phases acceptable to the City Engineer.
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• STATE OF CALIFORNIA
COUNTYOR LOs Angeles
Oct 2 1999 before ma, Dan Uzan
pered le moron tina bada of edition edance) to be the personal sta subscribed e to aly in instument and personally appeared knowledged to me that be/she/t executed the same in he/her/tis authorized capacity(il), and that b i/her/signature(a) on the instrument the person(e) or the entity upon behalf of which the person() acter executed the instrument.
WITNESS my hand and officia/seal.
Signature
DAN UZAN
Comminion # 1062419
Notary Puble — Colonia
Los Angeke Courty Applicant: Michel Dunia Revocable Trust vly Comm.Expinos Jan 7,200
Michel Dunia Revocable Trust dated May 11, 1990
Michel Dunla Revocable Trust dated May 11, 1990
City of Victorville
By: Ten, f. Caldell
Mayor
Attest:
Carde Statto
City Clerk
Approved as to Form:
Si 10-P99
City Attorney
Dunia Pissa, LUSA
Rew, 827/99
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STATE OF CALIFORNIA
) sS.
COUNTY OF SAN FRANCISCO
On October 6, 1999 before me, M.A. CARROLL, a notary public for the state, personally executed the instrument.
WITNESS my hand and official seal. MA CARROLL
Commission #1083450
Notary Public - Calfornia
San Francisso County
(SE My Comm.Expiros Jan 18.2000
M-Carol
(Signature)
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EXHIBIT "A"
UNDERGROUNDING OF UTILITY LINES
Ordinance No. 1330
Section 15.28.180
Except as provided in Section 15.28.190, underground installation is required for all electrical distribution lines 34,500 volts nominal or under, telephone, cable, antenna television, and similar service wires or cables which
(a) provide direct service to the property being developed; or (b) are existing and focated within the boundaries being developed; or (c) are existing between the property line and the center line of the peripheral streets of the property being developed: or
(d) are located along or within six feet of the rear or side lot lines of the property being developed; or (e) are within the existing or required right-of-way for the project; or (f) are relocated as a result of a project.
This agreement shall not apply to the existing electrical service line adjacent to the Westerly property line.
Denia PlAzA, UUSA.
Rev. 9/27/89