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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 wuxxmmmrnxnnwxuxxxmm�, ...0 r,.. ww` 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 ` � r l ip lit ��$gs"sis�� jf eE r lit{' _ I «• ! � • .,,i I �• I -r 1 ,1 , 1 • ti ! I iii. '� �': I F ' 'r__�.Z3 .y,� .:o '_ ' ' .Ip :' J., r'r :S. + � s'y-..-.r;.• p y - h ,�' r i � e t. f � R ' i i 1 I I c•�j _I x �` I ' � 1 � V � r . •i � ,..,rt, z Y . 1� }'°jk�-];�.--a- J 1[• 1jl tV n �ar l f ' Cf.pa � F ySl�•� .� L{IJJ I �(1 •i � 1 F� 4_la [♦C� :1 . .—,�r..�.�. • `� ,- I , 'I' • I L T* m tr j I Kti J 7. — . •fie& i�` _. '. • ,.; •..•: >,r a SN BSNESS'PARKj ;NEW CAMINO GPTRANO:•':T" �QwO1 We•Chrelt•GtISAN JUAN CAMSTRANO, J -00.IFOd mnlcemb --_ 1nLF- 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 �K. 4: • lam. .-' y "•,t.. res._ _ '��.+. 1. w s'tF�•v�.!- tirl+r-..•. Y4i'.'�•r�i� �r.--�r-�..�r-rte.>'�..r- � �..�C'.T•>.� _ 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: