1993-0514_GLENFED DEV CORP._Assignment of Improvement Agreement r '
RECORDING REQUESTED BY: .,„ta n' � ;.,
14-M4Y-1993 O2-_2 PM
CITY OF SAN JUAN CAPISTRANO
OFFICE OF THE CITY CLERK F;ecorvel in Official REcrds
32400 PASEO ADELANTO Of Orait'3e County, Caiiforoiia
C r y SAN JUAN CAPISTRANO, CALIFORNIA 92675
LA. °rant`+ Cou"ty P,acord r
AND WHEN RECORDED RETURN TO: Tax.: ; 0.00
CITY
CITY OF SAN JUAN CAPISTRANO
OFFICE OF THE CITY CLERK
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CALIFORNIA 92675
(SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY)
ASSIGNMENT OF IMPROVEMENT AGREEMENT
THIS ASSIGNMENT OF IMPROVEMENT AGREEMENT is made and entered
into as of , 1993 by and between GLENFED
DEVELOPMENT CORPORATION, a California corporation ( "Assignor") , as
assignor, in favor of CCL REALTY (CALIFORNIA) LTD. , a California
corporation ( "Assignee" ), as assignee.
W I T N E S S E T H, T H A T:
WHEREAS, Assignor, as the developer, and the City of San Juan
Capistrano, a municipal corporation (the "City"), entered into that
certain agreement (the "Improvement Agreement" ) captioned
"IMPROVEMENT AGREEMENT' , dated as of February 16, 1988, and
recorded as Instrument No. 88-076737 (Tract 12262) in the Official
Records of the County Recorder of Orange County, California
providing for, among other matters, the construction of certain
improvements by Assignor as set forth therein;
WHEREAS, on March 17, 1992, Assignee acquired from Glendale
Federal Bank, a federal savings bank ( "Seller") , certain real
property (the "Property") located in the City of San Juan
Capistrano, County of Orange, State of California, as more
particularly described in Exhibit "A" attached hereto and made a
part hereof;
WHEREAS, a portion of the developer's obligations under the
Improvement Agreement are for the benefit of the Property; and
WHEREAS, Assignor desires to assign to Assignee the portion
of the rights, duties and obligations of the developer under the
Improvement Agreement that respect the Property and arise or occur
from and after March 17, 1992 as set forth in this Assignment and
Assignee desires to assume the portion of the rights, duties and
obligations of the developer under the Improvement Agreement that
respect the Property and arise or occur from and after March 17,
1992, except for remedial work relating to the curb and gutters and
final lift of the asphalt paving as set forth in this Assignment.
NOW, THEREFORE, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Assignor
makes the following assignment and Assignee makes the following
assumption:
1. Assignor hereby assigns, transfers and conveys to Assignee
all of the rights and benefits of the developer under the
Improvement Agreement with respect to the Property arising or
occurring from and after March 17, 1992, except for remedial work
relating to the curb and gutters and final lift of the asphalt
paving.
1
I
2 . Assignee hereby assumes all of the duties and obligations
of the developer under the Improvement Agreement with respect to
the Property arising or occurring from and after March 17 , 1992 .
Accordingly, Assignee shall not have any duties, obligations,
liabilities or responsibilities under the Improvement Agreement
that arise or occur prior to March 17 , 1992 , except for remedial
work relating to the curb and gutters and final lift of the asphalt
paving, or that with respect to any property other than the
Property or any personal rights to any party or entity (unless
personal to such party or entity with respect to the Property) .
This Assignment of Improvement Agreement is made and entered
by Assignor and Assignee as of the day and year first above
written.
GLENFED DEVELOPMENT CORPORATION,
a Calif nia corpo ation
/
By
Its /7,-4 eC i r !/
"Assignor"
CCL REALTY (CALIFORNIA) LTD. ,
a California corporation
By ---r-) ,__ : L ____ _
Its �c,.) ;;� .;--, C
' STATE OF CALIF RNIA SS.
COUNTY O s^ )(
On i ta • �I //!93 before me, / / ' ' L Ail/ ' ' -
a� ,y
(No ant Name and Title)
E // o/^-7 i
m
personally appeared_ ��e- --c_D
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a personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)
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m is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/t eu
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°' authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon
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behalf of which the person(s)acted, executed the instrument.
WITNESS my ha.• and official seal. OFFICIAL SEAL
�'
/n � �`. •
TONI A. TALAYERA
' • #'� •TAW,PV& CGCAUcOANIA
Signa : - .`a lTi.'"I ULOS Aly6ELES COUNTY
1 r P 'pa,
T-721
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
On -7Ar\uA l Zo , 191 before me, Mark Knepper, personally
I
appeared 1- _A\,/,'n C -AAi()
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person(s ) whose• name( s ) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity( ies ) , and that by his/her/their
signature(s ) on the instrument the person(s ) , or the entity upon
behalf of which the person( s) acted, executed the instrument.
WITNESS my hand and official seal . •� �,. OFFICIALSEAL
( *`�!!;'�.' MARS KIiEP�E�
Signature , M:{—. -•-� NOM P% IC•CALICO* ,
.:.,1•,c....•
� AN MO COUNTY
'1~;- kV Comm. S• , 1994'
ALL-PURPOSE ACKNOWLEDGMENT NO 209
State of _ I I CAPACITY CLAIMED BY SIGNER 1
❑ INDIVIDUAL(S)
County of‘21,2;(-1t109 - 1
( r_ / ' /CORPORATE / . �I._ 1
On LL2 /99, efore me, _ ,/ e 4 �J hn _.• �j� OFFICER(S) A,,�(/��' dij
DATENAM 'ITLE OF OFFICER-E.G.,'JANE DOE,NOTARY P e C' TITLE( 4
_ o PARTNER(S) 0
personally appeared 3/L_ DONE.S 0 ATTORNEY-IN-FACT
NAMEIS)OF SIGNER(S)
0 TRUSTEE(S)
personally known to me -OR- 0 proved to me on the basis of satisfactory evidence
' 0 SUBSCRIBING WITNESS
to be the person(s/whose names) is/are-
subscribed to the within instrument and ac- ❑ GUARDIAN/CONSERVATOR 1
knowledged to me that he/shelthLy executed 0 OTHER: 6
the same in his/her7,their authorized
j
capacity(i_esi, and that by his/her414eir
signatures-on the instrument the person(s}- 6
or the entity upon behalf of which the persoa(s) SIGNER IS REPRESENTING:
acted, executed the instrument. S)OR ENTITY(IES)
! . OFFICIAL SEAL µ ay
''' • CHERYL A. JOHNL! cy s�-1
Witness my hand and official seal.
V.,` Y • f10TARY PUBLIC - CALIFORNIA /
OwwGE COUNTY 4
r comm.IdTcomm. ewes VC 13. 1993 \_-',� 1
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OF NOTARY /
ATTENTION NOTARY A,eno,gn me++brmaaon mevuesud boo.n OPTIONAL.n couw()event traua,dot*attachment of certA�cate to unautnonzed document
i
THIS CERTIFICATE Title or Type of Document _0 Ll Al `ll gLi....d— 444 AdiT✓
MUST BE ATTACHED �I i
TO THE DOCUMENT Number of Pages / 'ate of Document a ' , j
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 41,``, ' ' o` CC (— A. /� 16r
., ti� ti�ti ti _ - - .
THIS ASSIGNMENT OF IMPROVEMENT AGREEMENT was approved by the
City pursuant to a resolution of the City Council passed on
April 20 , 1993 .
CITY OF SAN.- • ' .APISTRANO
GI r"—S, Mayor
ATTEST:
((/7i2, j , /140
CHER L JO Sg' , City Clerk
APPR• ED AS TO FORM:
/
I�
Ric and K. Denhalter, City
Attorney
- 4-
EXHIBIT "A"
(LEGAL DESCRIPTION)
PARCEL A:
- LOTS 1 AND- 2 OF TRACT NO. 12423 , IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 599, PAGES 1 TO 5 INCLUSIVE, OF MISCELLANEOUS
MAPS , IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL,
GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON OR UNDER SAID LAND ,
TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED IN THE
DEED RECORDED JUNE 8 , 1956 IN BOOK 3538 , PAGE 550 OF OFFICIAL
RECORDS AND RE-RECORDED JULY 20 , 1956 IN BOOK 3584 PAGE 339 OF
OFFICIAL RECORDS .
THE RIGHT OF ENTRY IN OR UPON THE EXISTING SURFACE OR THAT PORTION
OF THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 300 FEET BELOW SEA
LEVEL, WAS BY QUIET CLAIMED A DOCUMENT RECORDED JULY 31 , 1978 IN
BOOK 12779 , PAGE 1626 OF OFFICIAL RECORDS .
PARCEL B:
LOTS 1 TO 2 INCLUSIVE OF TRACT NO. 12262 , IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 598 , PAGES 38 TO 42 , INCLUSIVE , OF MISCELLANEOUS
MAPS , IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL,
GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON OR UNDER SAID LAND ,
TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED IN THE
DEED RECORDED JUNE 8 , 1956 IN BOOK 3538 , PAGE 550 OF OFFICIAL
RECORDS , AND RE-RECORDED JULY 20 , 1956 IN BOOK 3584 PAGE 339 OF
OFFICIAL RECORDS .
THE RIGHT OF ENTRY IN OR UPON THE EXISTING SURFACE OR THAT PORTION
OF THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 300 FEET BELOW SEA
LEVEL, WAS QUIET CLAIMED BY A DOCUMENT RECORDED JULY 31 , 1978 IN
BOOK 12779 , PAGE 1626 OF OFFICIAL RECORDS .
32-73019-03 -5-
EXHIBIT "A" (CONTINUED)
PARCEL C :
LOT 1 OF TRACT NO. 12735 , IN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE , STATE OF CALIFORNIA, AS PER MAP RECORDED. IN BOOK
565 , PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
- COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL,
GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON OR UNDER SAID LAND,
TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED IN THE
DEED RECORDED JUNE 8 , 1956 IN BOOK 3538 , PAGE 550 OF OFFICIAL
RECORDS AND RE-RECORDED JULY 20 , 1956 IN BOOK 3584 PAGE 339 OF
OFFICIAL RECORDS .
THE RIGHT OF ENTRY IN OR UPON THE EXISTING SURFACE OR THAT PORTION
OF THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 300 FEET BELOW SEA
LEVEL , WAS QUIT CLAIMED BY A DOCUMENT RECORDED JULY 31 , 1978 IN
BOOK 12779 PAGE 1626 OF OFFICIAL RECORDS .
PARCEL D:
FIVE ( 5 ) CONDOMINIUMS COMPOSED OF :
PARCEL 1 :
UNITS 28 THROUGH 32 AS SHOWN AND DEFINED ON A CONDOMINIUM PLAN
RECORDED DECEMBER 15 , 1987 AS INSTRUMENT NO. 87-693145 OF
OFFICIAL RECORDS , OF ORANGE COUNTY, CALIFORNIA.
PARCEL 2 :
AN UNDIVIDED FIVE/THIRTY-EIGHTHS ( 5/38THS) INTEREST IN AND TO LOT
1 OF TRACT NO. 12736 , IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 565 ,
PAGES 39 TO 41 , INCLUSIVE , OF MISCELLANEOUS MAPS , IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN AND DEFINED AS
"COMMON AREA" ON THE ABOVE SHOWN CONDOMINIUM PLAN.
EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL,
GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON AND UNDER SAID LAND,
TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED BY HOWARD
L. KRUM AND FAY WILSON KRUM, HUSBAND AND WIFE, BY DEED RECORDED
JUNE 8 , 1956 , IN BOOK 3538 , PAGE 550 , OFFICIAL RECORDS OF SAID
COUNTY, AND RE-RECORDED JULY 20 , 1956 , IN BOOK 3584 , PAGE 339 ,
OFFICIAL RECORDS OF SAID COUNTY. THE RIGHT OF ENTRY UPON THE
EXISTING SURFACE AND THAT PORTION OF THE SUBSURFACE OF SAID LAND
ABOVE A DEPTH OF 300 FEET BELOW SEA LEVEL WAS QUIT CLAIMED BY
DOCUMENT RECORDED JULY 31 , 1978 , IN BOOK 12779 , PAGE 1626 ,
OFFICIAL RECORDS OF SAID COUNTY .
32- 73019-03 -6-
• EXHIBIT "A" (CONTINUED)
ALSO EXCEPTING- THEREFROM ALL UNRESERVED AND UNEXCEPTED OIL, OIL
RIGHTS, MINERALS , MINERAL RIGHTS , NATURAL. GAS RIGHTS AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL
PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT..MAY BE WITHIN OR
UNDER SALD- LAND, TOGETHER WITH THE PERPETUAL RIGHT. OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND . STORING IN AND
REMOVING THE SAME FROM SAID LAND OR FROM ANY OTHER LAND, INCLUDING
THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS
OTHER THAN . SAID. LAND OIL OR GAS WELLS , TUNNELS AND SHAFTS INTO,
THROUGH AND ACROSS THE SUBSURFACE OF SAID LAND AND TO BOTTOM SUCH
WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS , TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS OF SAID LAND, AND
TO REDRILL, TUNNEL, EQUIP , MAINTAIN, REPAIR, DEEPEN AND OPERATE
ANY SUCH WELLS OR MINES , WITHOUT, HOWEVER, THE RIGHT TO DRILL,
MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER
THREE HUNDRED ( 300) FEET OF THE SUBSURFACE OF SAID LAND.
32-73019-03