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1993-0224_GLENFED DEV CORP._Assignment of Improvement Agreemet RECORDING REQUESTED BY: y,_-0 DOC # },72 6 14—MAY-1993 02:22 PM � D V� CITY OF SAN JUAN CAPISTRANO O OFFICE OF THE CITY CLERK 32400 PASEO ADELANTO Recorded in Official Records Cou SAN JUAN CAPISTRANO, CALIFORNIA 92675 ofe A. Branch.re Co` California Lee A. County Recorder Pam 1 of 7 tees: $ ..>.c" AND WHEN RECORDED RETURN TO: ari: 3 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 /CE., ,,,,Kr 24 , 19y3 by and between GLENFED DEVELOPMENT CORPORATION, a California corporation ( "Assignor") , as JP assignor, in favor of CCL REALTY (CALIFORNIA) LTD. , a California / corporation ( "Assignee") , as assignee. (?('7W I T N E S S E T H, T H A T: CG / ( (,,� WHEREAS, Assignor, as the developer, and the City of San Juan / Capistrano, a municipal corporation (the "City" ), entered into that aq1Z };/ y certain agreement (the "Improvement Agreement") captioned C� (� "IMPROVEMENT AGREEMENT' , dated as of February 16, 1988, and recorded as Instrument No. 88-076738 (Tract 12423) 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 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 Califor,nia corporation By,/, // -e-� it ' � lS g'S/ 4,/ , "Assignor" CCL REALTY (CALIFORNIA) LTD. , a California corporation LL_ ___ _ Its ---PV_E.' �, .r v. I STATE OF CALIFORNIA 1 SS. COUNTY OF LOS J 1.---<--5- E• I E• On Fe,6/e%u/ ,i 2—V / /�<_12 before me, �N f� 7 Lf?Y E A �' ` (Notary Name and Title) a) /r , ms /m J7 personally appeared C� � � GU 1'�7 _ 0 c _ U _T a personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) Ts as is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their c c� 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. F.I.,, OFFICIAL SEAL WITNESS my hand and official seal. / ;;. �7�``�_ TOM A. TALAYERA (� �7j NOTARY P(JpL1C-GLIiOpN1A ��77'1 .� ��� ��"_`.1 LOS ANGELES COUNTY Signature 1 Co, XD I.a T-721 (Notarial Seal) -2- STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) On ----CA --,� , 19 before me, Mark Knepper, personally appeared N�A\j c> C- Ate, 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 . --- ---a -, -. - - - -, OFFICIAL SEAL Signature I'v — , ' .r,,� MARK KNEPPER �'q'� NOTARY PUBLIC•CALIFORNIA V,'r►` SAN DIEGO COUNTY rc%t.1`, 14 Care.Expires Sept.30, 1994 ALL-PURPOSE ACKNOWLEDGMENT NO 209 ,11ti1'tti11'��11111'\1'`ti\111.1111111ti'\11111111111111titi11111111.11.111111111'`'`111ti1111111't111'`ti•`'\ti'\ �/ State of / , iI / , CAPACITY CLAIMED BY SIGNER / County of Dy(-�.. 0 INDIVIDUAL(S) 1 / ` /�,/ ) 15K-CORPORATE a / / - On 1I _� i /1! Before me,\ ei-f I4- ./061S/rj/7 )004 /� Uh/c., OFFICER(S) ' , , 2 DATE NAMI TLE OF OFFICER-E.G.,"JANE DdE,NOTARY PUBil TITL•(S) ❑ PARTNER(S) l personally appeared 6/1– ./0 AUES --___________ 0 ATTORNEY-IN-FACT 1' NAME(S)OF SIGNER(S) / 0 TRUSTEE(S) personally known to me-OR- 0 proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS f / to be the person(,s.) whose name(s)-is/afe lsubscribed to the within instrument and ac- ❑ GUARDIAN/CONSERVATOR / / knowledged to me that he/stl3ey executed 0 OTHER: / the same in his/hertttieir authorized f / capacity(iee), and that by his/hor/thcir / 1 signature(s) on the instrument the persons} / / - _ ____ __ or the entity upon behalf of which the person( )-- SIGNER IS REPRESENTING: ' OFFICIAL SEAL 1 acted, executed the instrument. NA F P RsoN(s)oR TITY,iEs) / ' CUA / / ._\ CHERYL A. JOHNSON ;� Witness my hand and official seal. `� / t,- • •I NOTARY PUBLIC - CALIFORNIA I' 3`-i ORANGE COUNTY / t<<_^� My comm. expires DEC 13, I993 ( / : NATUR OF NOTARY ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of his certificate to unaythorized document /L �r o.f�,, / �f THIS CERTIFICATE Title or Type of Document/')5 hi'X€A. „I .n /� / 2l'It VA MUST BE ATTACHED Number of Pages _2/-�/ ��1 / TO THE DOCUMENT Date of LXOCument 9 / DESCRIBED AT RIGHT: Signer(s) Other Than Named Above c.�(.e- s/ Cl-- VAg / • THIS ASSIGNMENT OF IMPORVEMENT AGREEMENT was approved by the City pursuant to a resolution of the City Council passed on April 20 , 1993 . CITY OF SANJUAN CAPIsTRANO By GIL J• S , Mayor ATTEST: CHERYL JO.." SL(, City Clerk APPROVED AS TO FO e/ t qtr 'i hard K. Denhalter, Cit Attorney y ��� -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 .:ULY 31 , 1978 , :N BOOK 12779 , PAGE 1626, OFFICIAL RECORDS CF SAID COUNTY . 32 -73019 -03 - - 47111 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 SAID- 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. . ) 1 14 Or