1984-0612_BUNDY, CARNEGIE ET AL_Assumption Agreementi RECORDING FEES EXEMPT DUE TO
8 0 5 L L 7 Q 7 GOVERNMENT CW SECTION 6103
RECEIVEbRY ANN IF OVER, City Clerk
Recording Requested By And
When Recorded Mail To:
CITY OF SAN JUAN CAPISTRANO
Office of the City Clerk
34000 Paseo Adelanto
San Juan Capistrano, CA 92675
San Juan Capistrano, California
DIC �Q 53,;, 0$4 RECORDED NJ OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
CITY CLERK
JU :1 rY T -4 00 PM DEC 10'84
1 �� YJ e ou"ry
Above Space for Recor e
ASSUMPTION AGREEMENT RELATING TO THE MAINTENANCE OF LANDSCAPE,
INCLUDING IRRIGATION FACILITIES, WITHIN "UBLIC RIGHT OF -WAY
This Agreement is made and entered into this 12th day of June , 1984,
by and between GORDEN D. BUNDY and FUMIKO BUNDY (Bundy), the owner of record
of the following described real property situated in the City of San Juan Capistrano,
County of Orange, State of California:
Parcel 1, in the City of San Juan Capistrano, County of Orange,
State of California, as shown on a Map recorded in Book 103, Pages
18 and 19 of Parcel Maps, Records of said Orange County;
CARNEGIE CONSTRUCTION COMPANY, a California corporation, formerly known as
B. H. Miller Construction Co., a California corporation ("Carnegie"), the owner of record
(subject to an underlying fee ownership interest of New England Mutual Life Insurance
Company, a Massachusetts corporation), of the following described real property situated
in the City of San Juan Capistrano, County of Orange, State of California:
Parcel 2, in the City of San Juan Capistrano, County of Orange,
State of California, as shown on a Map recorded in Book 103, Pages
18 and 19 of Parcel Maps, Records of said Orange County;
CAMINO DE ANZA ASSOCIATES, a California Limited Partnership ("Camino De Anza"),
the owner of record of the following described r -)al property situated in the City of San
Jua= Capistrano, County of Orange, State of California:
Parcel 3, in the City of San Juan Capistrano, County of Orange,
State of California, as shown on a Map recorded in Book 103, Pages
18 and 19 of Parcel Maps, Records of said Orange County;
NICHOLS CAPISTRANO ASSOCIATES, a California Limited Partnership ("Nichols"), the
owner of the following described real property situated in the City of San Juan
Capistrano, County of Orange, State of California:
Parcel 6, in the City of San Juan Capistrano, County of Orange,
State of California, as shown on a Map recorded in Book 103, Pages
18 and 19 of Parcel Maps, Records of said Orange County.
CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation ("City").
Recitals
This Assumption Agreement Relating to the Maintenance of Landscape, Including
Irrigation Facilities, Within Public Right -of -Way, is made with reference to the following
facts:
A. That certain Agreement Relating to the Maintenance of Landscaping, Includ-
ing Irrigation Facilities, Within Public Right -of -Way ("Maintenance Agreement") made by
Carnegie and the City, was recorded on August 26, 1977, as Instrument No. 45872 in Book
12354, Page 1835, of Official Records of Orange County, California.
B. The real property covered by and subject to the provisions of the Maintenance
Agreement is in the public parkway adjacent to the development ("Property") described
as:
Parcels 1 through 10, inclusive, in the City of San Juan Capistrano,
County of Orange, State of California, as shown on a Parcel Map
-1-
Bl+ -5I1 707 �
recorded in Book 103, Pages 18 and 19, of Parcel Maps, in the
Office of the County Recorder of said County.
C. The Property has been fully developed into a business park known as
"Capistrano Business Park" with improvements and buildings constructed thereon. A copy
of the site plan of Capistrano Business Park is attached hereto as Exhibit "A" and
incorporated by reference herein.
D. As a condition for the original approval by the City for the development of the
Property into a business park, Carnegie, as owner and developer of the Property, was
required to landscape the adjacent public parkway ("Parkway"), including the installation
of irrigation facilities and the planting of trees within the Parkway, and was furthermore
required to agree to enter into an agreement for the continued care and maintenance
thereof. That portion of the adjacent public parkway affected by the conditioned
landscape is marked on Exhibit "A" by cross hatch designation, and is located contiguous
to the westerly perimeter of the Property.
E. The benefits of the landscaped Parkway, together with the attendant obliga-
tions for the care and maintenance thereof, is to inure to the benefit of and be binding on
the owners of the Property.
F. Since the development and_construction of the business park on the Property,
Carnegie has sold various parcels of the Property and improvements located thereon,
which sales have included the parties hereto or their predecessors -in -interest.
G. Bundy, Carnegie, Camino De Anza and Nichols are all the owners of the
parcels of real property which constitute a portion of the Property and which are
continguous to the Parkway, and have heretofore, during the course of their ownership,
provided at their cost and expense, for the care and maintenance of the trees and
landscaping upon the respective portions of the Parkway which are contiguous to the
parcels of real property which they own and which have been heretofore described.
H. Bundy, Carnegie, Camino De Anza and Nichols desire to assume the
obligation of the Maintenance Agreement as limited to that portion of the Parkway
contiguous to their respective parcels.
NOW, THEREFORE, Bundy, Carnegie, Camino De Anza and Nichols assume the
obligations of the Maintenance Agreement in the following particulars:
1. The obligations of the 'owner" as provided in the Maintenance Agreement are
assumed as follows:
(a) Bundy, as the Parcel 1 owner, covenants and agrees, at his sole cost
and expense, to provide the care and maintenance of the trees and landscaping upon the
Parkway adjacent and contiguous to Parcel l of the Property heretofore more fully
described in accordance with the maintenance standards set by the City of San Juan
Capistrano from time to time for landscaped parkways.
(b) Carnegie, as the Parcel 2 owner, covenants and agrees, at its sole cost
and expense, to provide the care and maintenance of the trees and landscaping upon the
Parkway adjacent and contiguous to Parcel l of the Property heretofore more fully
described in accordance with the maintenance standards set by the City of San Juan
Capistrano from time to time for landscaped parkways.
(c) Camino De Anza, as the Parcel owner, covenants and agrees, at its
sole cost and e cense, to provide the care and maintenance of the trees and landscaping
upon the Parkway adjacent and contiguous to Parcel of the Property heretofore more
fully described in accordance with the maintenance standards set by the City of San Juan
Capistrano from time to time for landscaped parkways.
(d) Nichols, as the Parcel 6 owner, covenants and agrees, at its sole cost and
expense, to provide the care and maintenance of the trees and landscaping upon the
Parkway adjacent and contiguous to Parcel of the Property heretofore more fully
described in accordance with the maintenance standards set by the City of San Juan
Capistrano from time to time for landscaped parkways.
2. This Agreement is for the mutual benefit of the present and future owners of
Parcel 1, 2, 3 and 6 and the City, and shall run with the land and the benefits of the
-2-
landscaped Parkway, together wit
and be binding upon the respecti
assigns. Provided, however, that
Parcels 1, 2, 3 and/or 6, the prior
released from any further duty
respective parcel(s) and the new
conditions hereof.
04--511707
h the attendant obligations, shall inure to the benefit of
ve parties hereto, and their respective successors and
upon the sale, conveyance and recordation thereof of
owner(s) of the respective parcel(s) being sold shall be
or obligation for the care and maintenance of such
owner(s) thereof shall be fully bound by the terms and
3. The City hereby consents to this Assumption Agreement Relating to the
Maintenance of Landscape, Including Irrigation Facilities, Within Public Right -of -Way,
and, except as otherwise provided, relieves Carnegie of all of its duties and obligations
under the Maintenance Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first written above.
APPROVED AS TO FORM:
CITY OF SAN JUAN CAPISTRANO,
a Mumcip C rporation
By:
JOHN SHAW,
City A7( orney
4
CARNEGIE CONSTRUCTION COMPANY,
A CaliforniaCorpo tion
By: -
W.ELv/
Its � �(
By:
Its
CAMINO DE ANZA ASSOCIATES,
A California Limited Partnership
By: .
For: NICHOLS INSTITUTE, DONALD S. MULLINS
Its f:PnPrnl Partner
By:�hz�
Albert L. Nichols, M.D.
Its rpnPrnl Partner
NICHOLS CAPISTRANO ASSOCIATES,
A California Limited Partnership
By. 1_ w, 3
For: NICHOLS INSTITUTE, DONALD S. MULLINS
lIts General Partner n
By(_
Albert L. Nichols, M.D.
Its General Partner
CITY OF SAN JUAN CAP TRANO,
a Mun1;a
By:
ER, MAY
ATTEST:
-3-
MARY AN/ANOVER,• o•
E
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
a4-51707
•
On JUNE 12th , 1984, before me, the undersigned, a Notary
Public in and for said State, personally appeared GORDEN D. BUNDY and FUMIKO
BUNDY, personally known to me (or proved to me on the basis of satisfactory evidence) to
be the persons whose names are subscribed to the within instrument and acknowledged
that they executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
ELIZABETH A. BRANICK
NOTARY PUBLIC - CA+aFORNIA
(&my
PRINCIPAL OFFICE IN
ORANGE COUNTY
Commission Expires Apr. 17, 1987
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
On IV /y , 1984, before me, the undersigned, a Notary
Public in and for said State, personally appeared LeP LAj . Phe/pS ,
personally known to me (or proved to me on the basis of satisfactory evidence to be the
ExBCx vice...- President, and — , personally known to me (or
proved to me on the basis of satisfactory evidence to be the ._—_ZSecretary, of
CARNEGIE CONSTRUCTION COMPANY, the corporation that executed the within
instrument, and acknowledged to me that such corporation executed the within instrument
pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
Not Public
�c c Apr FICEA
II OFFICIAL SEA1.
JO C C) NCC L
'r`ToNOTARY PVBUC CALIFOR NL4
ORANGE COUNTY
p, My comm. expires JUL 4, 1987
STATE OF CALIFORNIA )
�Ysa. / e'&� ) SS.
COUNTY OF &E )
On , 1984, before me, the undersigned, a Notary
PublicIn an sai State, personally appeared ,&,7T,�A11 i �. �%}/�� and
personally known —to�mme or proved to me on the basis
of satisfactory evidence to be the persons who executed the within instrument on behalf
of CAMINO DE ANZA ASSOCIATES, A California Limited Partnership, and acknowledged
to me that the partnership executed it.
WITNESS my hand and official seal.
nu nn urmrmrnnrxxnn mmomr"n'O0iry1ryrmrmmmrxnmx
/ � ��
OFFICIAL
OFFICIAL SEAL
y
RUTH F. Notary Public
NOTARY PUBL CAWLES$
CgIP'ORNIq 1
PRINCIPAL
OFP!CE IN �
LOS ANGELES COUNTY
Co I
Commission Expires May ay 15. 1988 a
-4-
STATE OF CALIFORNIA )
-!rw 4>w.a0� ) SS.
COUNTY OF l7l0ffiE )
34-5117070
On QD LtJ G, , 1984, before me, the undersigned, a Notaey
Public in a`� for said State, personally appeared /p�,r1 J. �/srJ and
., yej , personally known to me_ (or proved to me on the basis
of satisfactory evidence) to be the persons who executed the within instrument on behalf
of NICHOLS CAPISTRANO ASSOCIATES, A California Limited Partnership, and acknowl-
edged to me that the partnership executed it.
WITNESS my hand and official seal.
mmrxn nmrm unmmxnmmnnxnn IFIC IA nxF F ALnnn,nnnmmnxn
OFFICIAL FF.AL
RUTH F. LAW L ESS
NOTARY PUBLIC-Oi?NIA '
e�1
x4 PRINCIPAL OF'FICq IN
Notary Public
' LOS ANGELES cOUNIy 3
My Commission Expires May 1S, 1983
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CORPORATE ACKNOWLEDGMENT
State of California
County of Orange
SS.
s'
%dsJN O=mm.
AL SEAL
N HANOVER
NOTARY
-CALIFORNIA
E COUNTY
pires APR 20, 1988
X0,
INomw PUBLIC - cm, ': raw ORANGE m1rVI'
M► xxlrAln. q�'ves A: R :'�. I°m
CORPORATE ACKNOWLEDGMENT
State of California
SS.
County of Orange 111111
q OFFICIAL SEAL
hIARY A CARLSON
m. NOTARY P JOLIC_ - CALIFORNIA
ORANGE COUNTY
'•' My comm. expires JAN 5, 1988
S`
On this the day of
Mary Ann Hanover
November
the undersigned Notary Public, personally appeared
Gary L. Hausdorfer
NO. 202
1984 , before me,
EX personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrumen'!rIffinicippal
Mayor or on be IWRV8�5jgoration-therein
named, and acknowledged to me that the&poration executed it.
WITNESS my hand and official seal.
. zona vnmx.n Bron .
On this the day of November
Mary A. Carlson
the undersigned Notary Public, personally appeared
Mary Ann Hanover
NO. 202
19-- , before me,
9 personally known tome
❑ proved tome on the basis of satisfactory evidence
to City erClw
Spn(shoexecuted the within instrume�%icipal
er or on behIf of.thl%or ration therein
. zenunipippapl°
named, and acknowledged tome that the%orporahon-B�c�ted
WITNESS my hand ilrHlofficial seal
0
Hills,
34--511707 `
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EXHIBIT A _.....�:
77-4
P"rya_>a Za[y .-ems
San Juan tz: istrara. Caliform"
Division of Land 77-4
AGREE.=tT REUTI:7G TO :i:E tsAI2.TE?:1L*:Ci: (YSllcr/P.`:al^s•' "
OF LANDSCAPING. INCLUDING '!F?_IGATIO:i
2us mess park)FACILITIES, WITHIN PUBLIC RIGRT-OF-WAY _ -
THIS AG?==ANT is made this 17th day of Anvust. 1977
_ by and between the City of San Juan Capistrano# hereinafter called
'CITY' and B. H. MILLER CONSTRUCTION COMPTLN- , a corporation bereinafter
called •OH•NER•.
WI TIN E S S E TH: -
WHEREAS, Developer desires to develop a business park within the
City of San Juan Capistrano, and has, in conjunction therewith, applied
for approval of a division of land (DL 77-4)1 and
WHEREAS, a properly landscaped public parkway adjacent to said --
-development will specifically benefit the aforesaid land] and
%HEREAS, as a condition of approval of DL 77-4 (Miller/Phelps
Business Park), O"RIER is required to landscape the parkway, plant trees
-theroin and to enter into an agreement for the continued care and main-
' tenanee thereof.
HON, 311EREFORE, in consideration of the benefits accruing to -
developers property and as a condition of approval by CITY of DL 77-4
(Miller/Phelps Business Park), OWNER covenants and agrees, at its sole '
cost and expense, to provide the care and maintenance of the trees and
landscaping upon the parkway adjacent to its development.in accordance
with the maintenance standards set by the City from time to time for
landscaped parkways. The benefits of the landscaped parkway, together
'with the attendant obligations, shall inure to the benefit of and be
binding upon the parties hereto, successors and assigns.
Iii --WITNESS WHEREOF, the parties hereto have executed this Agreement
nn.che date fust written abcve.
ATTESTt
CITY O? SAN JUAN CAPISTRANO
e
BY
City C .k' Yvog•0. Y--cksc er, Mayor —
a H. IILLEP. CONSTMU-C I CO.
Exc-:t vve
Cica President
l9: R7.'J AS :V FJ Y:
84-5117g0
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4: • lam. .-'
y "•,t..
res._
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s'tF�•v�.!-
tirl+r-..•. Y4i'.'�•r�i� �r.--�r-�..�r-rte.>'�..r-
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_ Recording requested by, and
ti_ ien recorae3, rotura tw
_
- -
•
Cit yy of San Juan GpH,-' .ro
Of£ice of the City Cierx
r � "'':.'==:'tA-tiY
T
:.7•_.:>Zss .+"-:;;D 4ZL+ r=
' 32.100 Pasco Adelanto
Enc••,r
:-
San Juan Capistrano, Calif.
Cb
��
- -•-
92673
P"rya_>a Za[y .-ems
San Juan tz: istrara. Caliform"
Division of Land 77-4
AGREE.=tT REUTI:7G TO :i:E tsAI2.TE?:1L*:Ci: (YSllcr/P.`:al^s•' "
OF LANDSCAPING. INCLUDING '!F?_IGATIO:i
2us mess park)FACILITIES, WITHIN PUBLIC RIGRT-OF-WAY _ -
THIS AG?==ANT is made this 17th day of Anvust. 1977
_ by and between the City of San Juan Capistrano# hereinafter called
'CITY' and B. H. MILLER CONSTRUCTION COMPTLN- , a corporation bereinafter
called •OH•NER•.
WI TIN E S S E TH: -
WHEREAS, Developer desires to develop a business park within the
City of San Juan Capistrano, and has, in conjunction therewith, applied
for approval of a division of land (DL 77-4)1 and
WHEREAS, a properly landscaped public parkway adjacent to said --
-development will specifically benefit the aforesaid land] and
%HEREAS, as a condition of approval of DL 77-4 (Miller/Phelps
Business Park), O"RIER is required to landscape the parkway, plant trees
-theroin and to enter into an agreement for the continued care and main-
' tenanee thereof.
HON, 311EREFORE, in consideration of the benefits accruing to -
developers property and as a condition of approval by CITY of DL 77-4
(Miller/Phelps Business Park), OWNER covenants and agrees, at its sole '
cost and expense, to provide the care and maintenance of the trees and
landscaping upon the parkway adjacent to its development.in accordance
with the maintenance standards set by the City from time to time for
landscaped parkways. The benefits of the landscaped parkway, together
'with the attendant obligations, shall inure to the benefit of and be
binding upon the parties hereto, successors and assigns.
Iii --WITNESS WHEREOF, the parties hereto have executed this Agreement
nn.che date fust written abcve.
ATTESTt
CITY O? SAN JUAN CAPISTRANO
e
BY
City C .k' Yvog•0. Y--cksc er, Mayor —
a H. IILLEP. CONSTMU-C I CO.
Exc-:t vve
Cica President
l9: R7.'J AS :V FJ Y: