HomeMy WebLinkAboutC-3553(B) - Assignement of Encroachment Agreement and Declaration of Covenants between Landowners (Non-Standard Street Median Improvements) for Ford Rd and Bison Ave between macarthur Blvd and Jamboree Rdca
WFIEN RECORDED RETURN TO:
v
RECORDED AT THE REQUEST OF AND
Kent G. Snyder
Attorney at Law
2212 Dupont Drive, #Q
Irvine, California 92715
•
/J
G22Z3 4 ✓
L
$.1U.00
C13
Sc itnv lac
Recorded at the regi..
FIRST AMER. TITLE INS.
R:°° JUN Z91982
A.1J1.
Official Record'
Orange County. CaborniJ
/.' .,,A,/ Recorder
ASSIGNMENT
OF
ENCROACHMENT AGREEMENT AND DECLARATION OF
COVENANTS BETWEEN LANDOWNERS
(Non -Standard Street Median Improvements)
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT AND DECLARA-
TION OF COVENANTS BETWEEN LANDOWNERS ("Assignment") is entered
into this lE; day of Tyne.
, 1982_ , by and between
J. M. PETERS COMPANY, INC., a California corporation ("Assignor")
and BELCOURT MASTER HOMEOWNERS ASSOCIATION, a California non-
profit benefit corporation ("Assignee").
RECITALS:
A. Assignor entered into a written "Encroachment
Agre=-:ent and Declaration of Covenants between Landowners (Non -
Standard Street Median Improvements)" ("Encroachment Agreement")
dated Aprl\ `�-, 1982, with the City of Newport Beach, a
municipal corporation.
B. The Encroachment Agreement was recorded on
MS/ 20
Official Records of Orange County, California.
C. Assignor desires, by this Assignment to assign
all of its rights and obligations under said Encroachment
Agreement to Assignee subject to all of the terms and conditions
thereof.
, 1982_ as Instrument
No. 82- 114636 in the
D. Paragraph 9 of the Encroachment Agreement permits
Assignor to'assign its -rights and obligations thereunder, with-
out the consent of the City of Newport Beach being required, to
82-222884
a community association responsible for the maintenance of the
adjacent private streets and upon such Assignment, Assignor is
automatically relieved of any further obligations thereunder
to the City of Newport Beach.
NOW, THEREFORE, the parties hereto agree as follows:
]: Assignor hereby assigns to Assignee all of As-
signor's rights and obligations under said Encroachment Agree-
ment effective as of the date hereof.
2. Assignee assumes and agrees to be bound by and
perform all covenants, conditions, obligations and duties of
Assignor under the Encroachment Agreement effective as of the
date hereof as if Assignee were the original party to the
Agreement, and Assignee agrees to hold Assignor free and
harmless from any further liability, of any kind or nature
whatsoever, arising out of said Agreement.
3. This Assignment contains all of the agreements
of the parties hereto with respect to the matters contained
herein, and no prior agreement, arrangement or understanding
pertaining to any such matters shall be effective for any
purpose.
IN WITNESS WHEREOF, the parties hereto have executed
this Assignment on the date first above written.
`ASSIGNOR:
J. . ETERS COMPANY, INC.,
BY
fornia corp• a; ion
mes M. Peters, President
cre ry
AS STcNEE :
COURT MASTER IndMFOWNERS ASSOCIA-
TION,a •af\forni. on -profit mutual
beef i�t corp.�ration
BY
ident
BY
-2-
82-222384
STATE OF CALIFORNIA.
) ss.
COUNTY OF ORANGE
On \ Litt, /5 , 1982, before me, the undersigned,
a Notary Public in and for said State, personally appeared
James M. Peters
, known to me to be the President,
and James B. Fleig , known to me to be the Secretary
of the corporation that executed the within Instrument, known
to me to be the persons who executed the within Instrument on
behalf of the corporation therein named, and acknowledged to me
that such corporation -:executed the within instrument pursuant
to its By -Laws or a resolution of its Board of Directors.
WITNESS my hand and official seal_
ls,
� OFFICIAL SEAL
•
KATHLEEN GOLOB
NOTARY PUBLIC . CALIFORNIA
PR±NCIPAL OFFICE IN
CI1ANCE COUNTY
My Commission Exp. Aug. 16, 1985
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On j( �, /5-, 1982, before me, the undersigned,
a Notary Public in and for said State, personally appeared
known to me to be the President, and
known to me to be the Secretary of
the corporation that executed the within Instrument, known to me
to be the persons who executed the within Instrument on behalf
of the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its
By -Laws or a resolution of its Board of Directors.
WITNESS my hand and official seal.
OFFICIAL SEAL
KATHLEEN GOLOB
NOTARY PUGLIC - CALIFORNIA
PINCIPAL OFFICE IN
ORANCE COUNTY
My Commission Exp. Aug. 16, 1985
Notary Public
-3-