1998-1001_KI/FKLA RANCHO REALTY_ Assignment and Assumption of Improvemnt Agreement C 0 py
RECORDING REQUESTED BY AND x
WHEN RECORDED MAIL TO: x
City of San Juan Capistrano Recorded in the County of Orange, California
Office of the City Clerk Gary L. Granville, Clerk/Recorder
32400 Paseo Adelanto !IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 18.0e
San Juan Capistrano 1998@664746 11 :46am 10/01/98
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ASSIGNMENT AND ASSUMPTION OF IMPROVEMENT AGREEMENT /;
•
The undersigned, KI/FKLA Rancho Realty, LLC., a Delaware limited liability company
("KI/FKLA")hereby assigns to Weseloh Family Limited Partnership ("Assignee") all of the
obligations of KI/FKLA under that certain Subdivision Improvement Agreement, dated July 7,
1987, with the City of San Juan Capistrano (the "City"), which was recorded on July 13, 1987 in
the Official Records of Orange County, California as Instrument 87-397561, as amended by that
certain Amendment to Subdivision Improvement Agreement dated May 2, 1989, and recorded in
said Official Records on May 4, 1989, as Instrument No. 89-237888, as further amended by that
certain Amendment to Subdivision Improvement Agreement dated April 16, 1996 and recorded
in said Official Records on May 28, 1996 as Instrument No. 96-264701,and as further amended
by that certain Partial Assignment of Improvement Agreement recorded on May 28, 1996 as
Instrument No. 96-264702 in said Official Records (said agreement, as amended thereby,
collectively shall be referred to as the"Improvement Agreement").
The portion of the Improvement Agreement being assigned to Assignee relates to that
certain real property being sold to Assignee by KI/FKLA, as further described in Exhibit A
attached hereto (the"Property"). As part of the obligations being assumed by Assignee under the
Improvement Agreement,Assignee hereby agrees to provide to the City concurrentl3 herewith
the security acceptable to the City insuring the performance by Assignee of certain obligations
under the Improvement Agreement relating to the Property.. At such time as such security is
provided to the City,the City hereby agrees to release the bonds previously posted by KI/FKLA
with the City that relate to the Property.
This assignment is hereby accepted by Assignee and Assignee hereby assumes for the
benefit of the City and KI/FKLA that the obligations of KI/FKLA under the Improvement
Agreement that relate to the Property. The City hereby consents to the assignment by KI/FKLA
to Assignee as set forth herein, and agrees that following the full execution hereof,the City shall
release KI/FKLA from any obligation under the Improvement Agreement with respect to the
Property.
1
Kemper\SJG\Subdivision Assn-1
This Assignment may be executed in one or more counterparts, each of which shall be
deemed an original,but all of which when taken together shall constitute one agreement.
IN WITNESS WHEREOF,this Assignment has been executed as of Sept 1 , 1998.
KI/FKLA: KI/FKLA RANCHO REALTY,LLC
a Delaware limited liability corporation,
By: ZKS Real Estate Partners,LLC,
a Delaware limited liability company
Its Attorney-in-Fact
By: Detf- --tP
Name: K-412,/
Title: J.a Prs- e-7.
ASSIGNEE: WESELOH FAMILY LIMITED PARTERSHIP
By: 4,%; ?/Llek7
Name: C. B. Weseloh
Title: General Partner
CITY:CITY OF SAN '11 CAPIS ' L 0, Approved a to form only
a municipal -. .ora •
By:/ •By:
Attorney
'nes, Mayor
A .t:
L
City Clerk
2
Kemper\SJG\Subdivision Assn-1
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STATE OF 0(1JUOTN io
ss.
COUNTY OF 6111,411, CO Sk CL
On Q U, U.5'f 3 , 1998, before me,I4 li SDrYI C'1 Wrap AjkLs Notary Public in
and for said County andState,personally appeared-Dc.vmt A. k.in QX , known to me or
proved to me on the basis of satisfactory evidence to be the person whbise nhie isubscribed to
the within instrument and acknowledged to me that( / e executed the same i r
authorized capacity, and that br signature on this instrument the person, or the entity on
behalf of which the person acte , executed the instrument.
TNESS my hand and official seal _
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STATE OF CR Ll FO JJ H
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COUNTY OF SPN Di o
On tritvii Sr 3 , 1998, before meinPfRJAVue RA?8.u.t,Mt, a Notary Public in
and for said County and State,personally appeared C.d. 1.1iCSEL04+ ,known to me or
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he/she executed the same in his/her
authorized capacity, and that by his/her signature on this instrument the person, or the entity on
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal U R.Mcculrahg
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Kemper\SJG\Subdivision Assn-1
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On September 1, 1998 , before me, Cheryl Johnson , City Clerk,personally
appeared ---Gil Jones - -- ,personally known to me
to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
(SEAL)
WITNESS my hand and official seal.
tit • ..
go.44.7)
City Clerk
OPTIONAL
Capacity Claimed by Signer Description of Attached Document
Municipal Corporate Officer
Mayor Assignment & Assumption of Improvement
Title Agreement
Title or Type of Document
Signer is Representing
City of San Juan Capistrano Two
Number of Pages
September 1, 1998
Date of Document
Ki/FKLA Rancho Realty & Weseloh Family
Ltd Partnership
Signer(s)Other Than Named Above
LEGAL DESCRIPTIONOF THE PROPERTY
All that certain Land situated in the State of California, County of Orange, City of
San Juan Capistrano, described as follows:
PARCELS 1 AND 2,AS SHOWN ON A MAP FILED IN BOOK 223,PAGES 10, 11 AND 12 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA
PARCEL 1 AS SHOWN ON EXHIBIT B ATTACHED TO THAT CERTAIN LOT LINE
ADJUSTMENT LLA 94-PM85-306-07 RECORDED NOVEMBER 2, 1994 AS INSTRUMENT
NO. 94-0645156 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXHIBIT A