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1976-0802_BROWN BARNES LADD PITTS KISLING & OLSEN_Maintenance Agreement31346 RI19WPG a 1 Rec0ded at Request of,�d Return to: - DOCUMOARY TRANSFER TAX CITY OF SAN JUAN CAPISTRANO NO TAX DUE Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, 92675 May Aimover, i yeI rc San Jud. Capistrano, California AGREEMENT FOR THE CARE AND MAINTENANCE OF PRIVATE STREETS (LUP 74-1) THIS AGREEMENT is made as of this ;2 day of August, 1976, by and between THOMAS L. and PATRICIA J. BROWN, husband and wife, JACK L. and CONNIE D. BARNES, husband and Zt it 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 4 WHEREAS, it is the desire and intention of all of the r 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: RECORDED IN ti F.^I;..,"L •it -.-•r,=•?` OF ORAL>,P t._ J v' - •� J. N4"> " i.r(i.hia'i4: i STATE OF CALIFORNIA --I 19010?6 814 COUNTY OF ORANGE ) SS. 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 R Meeting ot the City io97n it of the City of San Juan Capistrano held on ary Ann anovet, City Clerk DATED: a�c / ?/D /fes% City of an Juan Capistrano 1 1900?G 15 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 this greement' the day and year first above written. CI Thomas L. Brown J L. Barne atricia own Connie D. Barnes Dale L. Ladd - — R6r R. itts ALIPAZ INDUSTRIAL PARK LTD., [. Kislin/ga -Limited Partnership By: Kisling Rolandsend , Genera Partner -2- 0 0 *x 1 19001"6 816 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On August 1976, before me, the undersigned, a Notary Public in and for 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 e•eeeeeeeeee•ee•eee•e••••eeo♦� OFFICIAL SEAL I + MARGARE"F F. OLSEN i NOTARY PUC LIC—CAU; OR NIA 44 4 SEAL i 5 PRINCIPAL OFFICE IN 1 OrANGC COUNTY 4 s MY Commission Expires Oct 22, 1978 i sneee•••e••eos•e••e•••e•••e•ei STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE official seal. Nod y Public On August , 1976, before me, the undersigned, a Notary Public in ander 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. �eee♦♦e•ee•eee•e••e•ee•e000♦eO e OFFICIAL SEAL e MARGARET F. OLSEN ♦ �� �� k�'����_� ♦ c �Z� - NOTARY PUflLIC—CALIFORNIA SEAL '> `" PRINCIPAL OFFICE IN i Notary/ Pu 1C eORANGE COUNTY e •. a MY Commission Expires OcL 22. 1978 4 ss, COUNTY OF ORANGE On August , 1976, before me, the undersigned a Notary Public in ander 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. �oeeee•ee♦eee♦eeee••e••••eoe♦• OFFICIAL SEAL e d MARGARET F. OLSEN s �$ NOT" VUOI_ICC4LIFORNI4SEAL P-d;NZIPAL OFFICE IN 4 i ORRNGE COUNTY •• ' MY CoAunission Expires OCL 22, 1978 �K'.db•ee•e♦e•►e•e491e4•e•1♦4•� /'Q, Not y Public -3- 0 0 ;r 1190OPC 817 STATE OF CALIFORNIA SS. COUNTY OF ORANGE On Augusts , 1976, before me, the undersigned, a Notary Public in and for 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. and OFFICIAL SEAL s MARGARET F. OLSEN NOTARY r'';UI.1C—C^LIFORNIA y PR;0.CIi AL OFF It;E IN J SEAL 0ORA1 coorvlY e My Commission Expires O -t. 22, 1978 i ••er•e•e•aeor••r•ra•r•reo.e.or°� STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) official seal. No.Ary u is L On August 1976, before me, the undersigned, a Notary Public in and -or 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. • OFFICIAL SEAL MARGARET F. OLSEN a NOTARY PUBLIC—CALIFORNIA SEAL i PRINCIPAL OFFICE IN +; ORANGE COUNTY My Commission Expires Oct. 22, 1978 'vse•rr••••rrr•sr+arreeraorec STATE OF CALIFORNIA ) official seal, Nota Public 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 SEAL SUSAN nn Wr STON My Com«dssioo Lzpo s L,a-h Ct, 1977 �yyyy{+�+5fo"d'i Pti a'iYti .f'.°t#'i�3V".i9F��W official seal. &",:" Notary PublIc Susan M. Walston -4-