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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-