1976-0826_ALIPAZ INDUSTRIAL PARK LTD._Agreementm
,: Raeo ded at reques. .:f, and 1345 -
return to:DOCUMENTARY TRANSFER TAX
CITY OF SAN JUAN CAPISTRANO (� El.; dir T NO TAX DUE
Office of the City Clerk C j
32400 Paseo Adelantoc
San Juan Capistrano, CA 92675 -MARY QVER CITY CLERK
.1r;,., n JuagY CapistrAno, CA co
AGREEMENT OF Ad'pAZ INDUSAIllt PARK LTD. 0
TO PROVIDE VVF4�$ICU1AR ACCESS
TO ADJACrENT PARCEL
This Agreement and commitment is made as of this '16r,"
day of August, 1976, by ALIPAZ INDUSTRIAL PARK LTD., a Califrnia
Limited Partnership, hereinafter called "Developer": r
W I T N E S S E T H:
WHEREAS, Developer is the owner of a parcel of land
situated in the City of San Juan Capistrano, County of Orange,
State of California, described as Parcel 4, Daneri Tract No. 103,
recorded in Book 121 at Page 17 of Maps in the Official Records
of Orange County, California; and
WHEREAS, Developer desires to develop his aforesaid
property together with Parcels 3, 61 7, 8, 9, and 10 of Daneri
Tract No. 103 for commercial and/or industrial purposes pur-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS. B� i 19OOPC S
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, do hereby certify that the attached instrument was duly approved
and accepted at a Regul�,r Meeting of the City Coun it of the City of San Juan
Capistrano held on �s_ /� / , 197.
v 7
Mary Annaaficv 4ty Clerk
DATED: �� �City o an Juan Capistran*3
the adjacent Parcel 6 to the east when the latter is developed.
Said connection shall be through the parking lot to be located at
the south end of the easterly boundary of Developer's Parcel 4.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, l" �-"77NIA
4-0a a.m. SEV 24
�. WYLIE CARLYLE, Cum, oer
BN 1 1900PG 812
Developer further agrees that this covenant constitutes
a condition and restriction upon his development of the property
in accordance with LUP 74-1, and shall run with and be a charge
upon the land and shall be binding on all parties now or anytime
hereafter having or acquiring any right, title, interest or estate
in and to Parcel 4 of Daneri Tract No. 103.
IN WITNESS WHEREOF, the declarant herein has executed
this Agreement on the day and year first above written.
ALIPAZ INDUSTRIAL PARK LTD.,
a Limited Partnership
U wol'
$y
Roland sen,enera Partner
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On August 18 , 1976, before me, the undersigned a
Notary Public in ander said State, personally appeared ROLAND
OLSEN, known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed
the same.
WITNESS my hand and official seal.
SEAL Notary
-2-
Susan M. Walston
SUSAN M. WALSTON
0�4
�'
NOTARY PUOLIC
Principal Office, Orange Co. Calif.
My Commission
Expires March 21, 1977
-2-
Susan M. Walston
Bond No
BOND FOR IMPROVEMENTS
(FAITIIFUL PERFORMANCE)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, requires ROLAND OLSEN , whose
mailing address is p•0 Box 965 San Juan Capistrano Ca92675 , hereinafter
designated as Principal, under 1�a
m!L Use Permit -7t r to complete certain
designated public improvements, to wit:
�0
All public improvements on Alipaz Street fronting
Principal's property including required street section,
irrigation line removal, street light installation,
sewer connection and sewer line in Calle Rolando and
all appurtenant work; and
WHEREAS, said Principal is required by th6.City to furnish a bond fcr
the faithful performance of said obligation.
NOW, THEREFORE, we, the Principal, and THE CHIO CASUALTY. INSURANCE COIF y
, whose mailing address is Coldwater Canyon _
1Q;th Hollylyood, Cali Tr as Surety, are held and firmly bound unto the
City of San Juan Capistrano, hereinafter called City, in the penal sum
of Thirty-seven Thousand Dollars ($ 37,000 ) lawful
money of the United States, for the payment of which sum well and truly
to be made, we bond ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded
Principal, his or its hems, executors, administrators, successors or
assigns, shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and provisions imposed as a
condition of the issuance of the said permit and any alteration thereof
made as therein provided, on his or their part, to be kept and performed
at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save
o. -ml J-1�e i+-., F San ,y (`..- t t officer ager and em-
ployees, as therein stipulated, then this obligation shall become null and
void; otherwise it shall be and remain in full force and effect.
-As a part of the obligation secured hereby, and in addition to the face
amount specified therefor, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City
in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be
Derformed thereunder, or the specifications accompanying same, shall in
AFFIDAVIT OF ATTORNEY•IN-FACT FOR SURETY
STATE OF ...........CALIFORNIA
........................................
COUNTY OF .......LO S...ANCGELES
On this.....4th ..... day of ............ hUgwst......................................................... 19.14. before me
personally appeared......................FRANK,RtAY.................................................... Attorney -in -feet,
of The Ohio Casualty'Insurance.Company, with whom 1 am personally acquainted, who being by me
duly sworn, did depose and say, that he resides in ...... IM-AW44 .............................; that he is the
Attorney-in-fact of The Ohio Casualty Insurance Company. the corporation named in and which execut.
ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that he signed and executed the said instr a as Attorney-in-fact of as, or-
poration by �keasiaw•••.••.••••••••••••a•
• OFFICIAL sEAt
• DEBORAH A. RYAN
My Commisio noiAter•tuettctcattsoattu ; ................. r.......
•
Form 5170 FRMCIPAt OFFICg • Noto abllc.
• IM•
• toa at!a[tita CWNt►
My COMMWIDn &PIM March 1. 1980 a
••1•••1••ee•eeee•eeeaaa�aa�••�
Bond No. 1-s79-079
S,
BOND FOR IMPROVEMENTS �i ��c e 'I,
(LABOR AND MATLRIALS) ry �rYAA
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, requires ROLAND OLSEN , whose
mailing address is P. 0. Box 966, San Juan Capistrano, Ca 92675 , hereinafter
designated as Principal, under Land Use Permit -:?5 7V_/to install and
complete certain designated public improvements, to witdo D
All public improvements on Alipaz Street fronting
Principal's property including required street section,
irrigation line removal, street light installation,
sewer connection and sewer line in Calle Rolando and
all appurtenant work; and
WHEREAS, under the terms of said permit, Principal is required before
entering upon the performance of the work,"to file a good and sufficient
payment bond with the City of San Juan Capistrano to secure the claims to
which reference is made in Title 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned as corporate Surety,
are held firmly bound unto the City of San Juan Capistrano, and all con-
tractors, subc.;ntractors, laborers, materialmen and other persons employed
in the performance of the aforesaid permit and referred to in the afore-
said Code of Civil Procedure in the sum of Thirty-seven Thousand
Dollars ($ 37,000 ), for materials furnished or labor thereon of any
kind, or for amounts due under the Unemployment Insurance Act with respect
to such work or labor, that said Surety will pay the same in an amount not
exceeding the amount hereinabove set forth, and also in case suit is brought
upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred
by City in successfully enforcing such obligation, to be awarded and fixed
by the Court, and to be taxed as costs and to be included in the judgment
therein rendered.
It is expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies, and corporations entitled to
file claims under Title 15 commencing with Section 3082) Part 4 of
Division 3 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation
shall become null and void, otherwise it shall be and remain in full force
and effect.
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the said agreement or the specifi-
cations accompanying the same shall in any manner affect its obligations
o " ' -' -a <+ Anac hprebv waive notice of any such change, extension,
a
I
a AFFIDAVIT OF ATTORNEY•IN-FACT FOR SURETY
STATE OF .......CALIFORNIA
.......................................
COUNTY OF .... CSS, AN q4§
On this ....... ft ... day of ............ Aygust
19.76. before me
Personally appeared........................��..I�..�Y�.
Attorne
of The Ohio Casualty Insurance Company, with whom 1 am Y -in -fact,
Personally aegwinted, who being by me
duly sworn, did depose and may, that he resides in......�s,,,A�, sELF.S
Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execute
edthe within instrument; that he knows the corporate seal of said corporation; that the 'seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that he signed end executed theQ"rurnent
Potation by liksest♦,r•••••• as Attorney-in-fact of said cor-
,ui••DFFJ(;,MY CommisQo DEBORAH A. RY '........... AN. .+tc..... ...• .......
F.,m 5. 1 70 ♦ " . ....:..
OFFax
• epa0 Notary Public.
MYCommission Win, ow, •
•••• M1[rh I l
, flap i
_•H •••••H••��•�••�•••04000
AGREEMENT FOR THE CARE AND
MAINTENANCE OF PRIVATE STREETS
(LUP 74-1)
THIS AGREEMENT is made as of this ",(- day of
August, 1976, by and between THOMAS L. and PATRICIA J. BROWN,
husband and wife, JACK L. and CONNIE D. BARNES, husband and
wife, DALE L. and CATHERINE LADD, husband and wife, ROGER R.
PITTS, LLOYD M. and PAULINE KISLING, husband and wife, and
ROLAND OLSEN, General Partner, ALIPAZ INDUSTRIAL PARK LTD.
W I T N E S S E T H:
WHEREAS, the undersigned are the owners of certain
property located in the City of San Juan Capistrano, County of
Orange, State of California, described as Parcels 3, 4, 6, 7, 8,
and 9, Daneri Tract No. 103, Book 121 at Page 17, Official Re-
cords of the aforesaid County; and
WHEREAS, the aforesaid owners contemplate the develop-
ment of the aforesaid property for industrial and/or commercial
uses pursuant to LUP 74-1 of the City of San Juan Capistrano; and
WHEREAS, it is the desire and intention of all of the
parties hereto to restrict said land according to a common plan
relating to the use and maintenance of a private street so that
all of said land shall be benefited and each successive owner of
all or a part of said land shall be benefited by the preservation
of the value and character of said land by said street;
NOW, THEREFORE, in consideration of the mutual promises
of the parties hereto, each to the other as Covenantors and
Covenantees, and expressly for the benefit of, and to bind, their
successors in interest, the said parties agree as follows:
I
1. The owner of each lot shall be entitled to use
the street for all private street purposes, including without
limitation, ingress and egress to his lot and for sewer, storm
drain, gas, electricity, telephone, cable TV, water and other
public utilities serving his lot. The rights granted hereunder
shall inure to the benefit of the governmental agencies, if any,
and private utility companies providing the public utility ser-
vices referred to herein.
2. The aforesaid street and any appurtenances thereto
shall be kept, operated and maintained in reasonably good condi-
tion and repair at the sole cost and expense of the undersigned,
their successors and assigns.
3. These covenants are to run with the land and shall
be.binding on all parties and all persons claiming under them
so long as the street shall remain private. Enforcement shall
be by proceedings at law or inequity against any person or per-
sons violating or attempting to violate any covenant either to
restrain violation or to cover damages.
IN WITNESS WHEREOF, the parties hereto have executed
thisjAgreement'On the day and year first above written.
omas L. Brown
.
atr cia J.(7own
Al
vale L. Laaa
ALIPAZ INDUSTRIAL PARK LTD.,
[.
Kisling a.Limited DPartnership
�� By: nGf
Kisling Roland Olsen, General Partner
-2-
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On August'
1976, before me, the undersigned, a
Notary Public in ander said State, personally appeared THOMAS L.
BROWN and PATRICIA J. BROWN, known to me to be the persons whose
names are subscribed to the within instrument and acknowledged
to me that they executed the same.
WITNESS my hand and
• OFFICIAL SEAL •
+ MARGARET F.• OLSEN i
• ai i.l ,^.r
w y�, .: ROTARY PUBLIC—CALIFORNIA ♦
SEAL p ?3 PRINCIPAL OFFICE IN
ORANGE COUNTY •
i My Commission Expires Oct 22, 1978 i
STATE OF CALIFORNIA )
) as.
COUNTY OF ORANGE )
official seal.
otary Public
On August , 1976, before me, the undersigned, a
Notary Public in and -or said State, personally appeared JACK L.
BARNES and CONNIE D. BARNES, known to me to be the persons whose
names are subscribed to the within instrument and acknowledged
to me that they executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL •
i MARGARET F. OLSEN
.� .A,:: NOTARY PUSUC�ALIFORNM
SEAL 3. PRINCIPAL OFFICE IN • Notary Pu lc
ORANGE COUNTY
• My Commission Expires OOL 22, 1978
. ) ss.
COUNTY OF ORANGE )
On August , 1976, before me, the undersigned a
Notary Public in and or-T—said State, personally appeared DALE L.
LADD and CATHERINE LADD, known to me to be the persons whose
names are subscribed to.the within instrument and acknowledged
to me that they executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL •
• 4s MARGARET F. OLSEN
SEAL � ' "` NOTARY PUQUC—CALIFORNIA •
gm P-LUCWAL OFFICC IN S
r ORANGE COUNTY •
hey commission Expires Oct 22, 1978 :.
t't•� ••••••••♦•♦N•♦11♦1♦1111.
otary u c
L/
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On August „? % , 1976, before me, the undersigned, a
Notary Public in and=or said State, personally appeared ROGER
R. PITTS, known to me to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed
the same.
4••••••��� a��o .X,hand and
OFFICIAL SEAL e
;rrr'"q MARGARET F. OLSEN i
0 fNOTARY I",'13IC—CALIFORNIA
PRI;:CWAL OFFI:;C IN 4
SEAL ORAI4SE CMNITY e
My Commission Expires O:t. 22, 1978 r
ee•eeeeeee•oee eeeeeee••eoe••ei
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
official seal.
of ry Public
On August , 1976, before me, the undersigned, a
Notary Public in ander said State, personally appeared LLOYD M.
KISLING and PAULINE KISLING, known to me to be the persons whose
names are subscribed to the within instrument and acknowledged
to me that they executed the same,
VIOTM�6%aI MW•official seal.
• OFFICIAL SEAL
MARGARET F. OLSEN : I
f.` NOTARY PUBLIC—CALF: OANIA./`-� �c-+f
SEAL PRINCIPAL OFFICE IN
ORANGE COUNTY < otary Public
i
4 M Commission Expires Oct. 22, 1978
'aeeee•ee•eee•4J.J4eeeeeeeee4,
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On August 27 , 1976, before me, the undersigned a
Notary Public in ander said State, personally appeared ROLAND
OLSEN, known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed
the same.
WITNESS my hand and official seal.
SEALNotary Public ti��ti�,,�;.�„�,rmvr.•rw'-w Susan M. Walston
SUSAN M. WALSTON
rME
[dOTARY PUFFLIC
Prisipat owcc. or ;e Co Calif.
iY Commission sMu
pires ch 21, 1971
-4-