HomeMy WebLinkAbout750 N Diamond Bar - Rec Parking AgrREQUE
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RECORDED` RETURNS TOD By AND WHEN
GEILER & MARTIN
1401 Dave Street, Ste.
200
Newport Beach,
CA
•
jLST����1Yi I
i f r �
RECIPROCAL EASEMENT AGREEMENT 313r day Of
THIS AGREEMENT is made and entered into this
1965, by and between Anthony Kucich, Maria
J q Zelada and NSlde 8. Zelada ("Zelada"), owners of
Kucich, Joy Slavick,
' avick Four InvestmenCs, E mer R. Slavick,
Lot of Lotsulo and 11
Donald J. Slavick and Ann slevick. owners -'i oartnership' ner
'1---7Ljoci and Bar Inva5w - a California
of Lots 1.2 and 13; Diamond Bar BUBiness center,
General Partnership, ("DBBC"), owners of Lots 14, 15, 16, 17, ann
is; Ranch Center, Ltd., a California Limited Partnership, ("Ranch
center"), ground lessee of Lots 14, 15, 16, and 17; and Gerald
Lutzky and Michael Lapin ("Lutzky"), ground lessee.$ of Lot ia.
WHEREAS, the parties hereto are the owners of the real
property parcels which are more particularly described in Exhibit
"A" attached hereto.
WHEREAS, the parties to this Agreement desire to grant
to the present and future owners of each Parcel and their respec-
tive tenants, employees, licensees and invitees and the tenant's
employees, licensees and invitees, mutual and reciprocal easements
of ingress, egress and parking over,_4jong and across all parking
areas and ingress ard n_nregg aver, along and across all roadway
areas now or hereafter locatedn upon, the above-mentigned Parcels.
J:adENTANY iM1MM TA% � - -j-
.___ _,COMFUW ON FULL VALUE OF POOPERW CONVEYLO, ^''k ` [� ' ��- [^1;9
An OMPUTEO ON FULL VALUE LECC LIENS AND '1!`�,�i a5 l ci
C, "EMC�LORANflEMNNIN6.�i-nM@ OF BALE
F. Aa t M .Jnft IM FbW SON
NOW, THEREFORE, in consideration of the covenants, con-
ditions, and restrictions hereinafter set forth and for other good
and valuable consideration, the parties agree as follows:
1. Subject Matter. The subject matter of this Agreement
concerns the real property (hereinafter sometimes referred to as
the "Property") described in Exhibit "A" attached hereto and
incorporated herein by this reference. The Prooerty is divided
into ten (10) parcels. The following parties are the owners
and/or ground lessee the respective parcels:
a. Zelada Lot 9
b. Salvick Lot 10 & it
C. Diamond Bar Investors Lot 12 & 13
d. Ranch Center -ground lessee, Lot 14, 15, 16, & 17
DBBC, Owner
e. Lutzky-ground lessee, Lot 18
DBBC, Owner
2. Grant of Particular._ Easements. Excent as hereinafter
provided, Zelda, Slavick, DBI, DBBC, Ranch Center and Lutzky,
hereby grant establish and convey to each other each of the
following easements and hereby declare them to be appurtenant to
their respective Parcels and for the benefit and burden of the
present and future owners of each Parcel and their respective
tenants, employees, licensees and invitees and the tenant's
employees, licensees and invitees:
a. The perpetual, non-exclusive easement for ingress,
egress and rights of way in, over and across all driveways now
existing or hereinafter created on the Property. This easement
shall include access to and from public streets.
b, A perpetual, non-exclusive parking easement in "all"
parking areas now existing or hereinafter created on the Property
subject to the limitations set forth hereinbelow, in Paragraph 3.
-2- 0'& M603
No. mobile home, camper, boat, truck, trailer or other vehicle of
any kind shall be kept, stored, parked (other than temporarily),
maintained, constructed or repaired on the Property, unless for
emergency vehicle repairs. Temporary parking shall mean parking
only for purposes directly associated with the commercial or busi-
ness use of the Property.
c, The perpetual, non-exclusive easement., right and
power to grant easements over, on or under the above -mentioned
Parcels for any lawful purposes including, but not limited to, the
right to lay, construct and maintain and operate, repair, replace,
reserve and/or change the location, size, character of any public
utility pipelines (including, but not limited to, water,
telephone, gas, sewer, electric and drainage lines) beneath the
surface of the easements described herein. The exercise, however,
of any such easements, rights or powers shall not interfere with
the use of the surface of said easements as a parking area or as a
driveway for vehicles and shall further not interfere with a
pedestrian's reasonable use of the surface area.
d. "Owner" as set forth herein shall mean the record
owner, whether one or more persons or entities, of the fee simple
title to any Parcel set forth in Exhibit "A" attached hereto,
including Sellers under executory contracts of sale, but excluding
those having such interest merely as the security for the perform-
ance of an obligation. Notwithstanding the foregoing, in the
event that a parcel is being leased by the Owner to a person or
entity pursuant to a ground lease of an initial term of at least
ten (10) years, then such person (in lieu of the fee owner) shall
-3-
be deemed to be an owner for purposes of Paragraphs 3, 5 and 5,
during the term of such lease,
3. Limitations of Easements,
a. The easements herein provided for are subject to the
right of the present and each future owner of each Parcel to des-
ignate up to one hundred percent (100k) of.the parking spaces of
the total number of available parking spaces on his respective
parcel for the exclusive use by the owner of said Parcel or the
owner's tenants, employees, licensees and invitees and the
tenant's employees, licensees and invitees. Subject to the provi-
sions set forth hereinbelow in subparagraph 3b, the owner of each
Parcel has the sole discretion in designating said parking spaces
and those that are so designated are to be marked in some manner
so as to give notice to others that they are in fact exclusive use
parking spaces for the respective owner, the owner's tenants,
employees, licensees and invitees and the tenant's employees,
licensees and invitees.
b. The owner of the Parcels may from time to time prom-
ulgate reasonable rules and regulations governing the use of all
parking and roadway areas now existing or hereinafter created on
the Property.
c. No one may build upon or otherwise alter the narking
spaces so as to diminish the total available number of parking
spaces.
d. If, from time to time, compliance with city, county
or state parking regulations would require the allocation of more
or less exclusive -use parking spaces, then the parties hereto
agree to be bound by those standards.
-4- . as- 67iBQ43
4. No Gift or Dedication. The grants of easement contained
herein shall not be considered in any way as a gift or dedication
to the public or for any public purposes whatsoever.
S. Maintenance. The parties hereto and each of the future
owners of a parcel shall, at their sole cost and expense, be
responsible for the maintenance and repair of those portions of
the parking, roadway areas, slopes and all buildings and struc-
tures including the exterior thereof located on their respective
Parcels. Such area, buildings and structures must be maintained
in a good, clean and attractive condition and repair at all times.
In addition, all landscaping located on such area must be pro-
fessionally maintained and all such areas must.be free from rub -
bash, garbage and debris at all times. in this regard, all
rubbish, garbage, materials and supplies stored on a Parcel shall
be kept behind a visual barrier which will screen said rubbish,
garbage, materials and supplies from the view of adjacent Parcels
and streets.
6. Legal, Proceedings. Failure to comply with any of the
terms of this Agreement by an owner, his respective tenants,
employees, licensees and invitees and the tenant -a employees,
licensees and invitees, shall be grounds for relief which may
include, without limitation, an action to recover sums due for
damages, injunctive relief or any combination thereof, which
relief may be sought by an aggrieved owner. Failure to enforce
any provision hereof shall not constitute a waiver of the right to
enforce said provision, or any other provision hereof. Any
judgment rendered in any action or proceeding pursuant thereto
86" 677603 _5
shall include a sum for attorney's fees in such amount as the
Court may deem reasonable, in favor of the prevailing party,
together with interest, costs of collection and court costs. Each
remedy provided for herein shall be cumulative and not exclusive
or exhaustive.
7. Covenants Running with Land. The easements herebv
granted, the restrictions hereby imposed, and -the agreements
herein contained shall be easements, restrictions and covenants
running with the land and shall inure to the benefit of, and be
binding upon, the parties hereto and their respective heirs, suc-
cessors and assigns, including but without limitations, all sub-
sequent owners of each Parcel and all persons claiming under them.
IN WITNESS WHEREOF, the parties have signed this
Agreement as of the date and year first above written.
"Owners of Lot 9--
Anthony KuciCif
' T
Q t��E.CI A
Maria Kucich
Lino Zelada
Nilde B. Zelada ��
-6-
A
66® °7603
"Owners of Lots 10 & 11"
Slavick Four Investments, a
California General Partnershio
�- -
General Partner
i
By:
neral Partner
C'%LriZC•L�.1� .
Elmer R. Slavi k
/ X. Slavlok
Donald J. �Slavl)ek,
Ann Slavirryyk.
l A
"Owners of Lots 12 & 13
DIAMOND HAR NVESTORSI II, a
California ener artnership
PARR/AHRANS -N
By:
General Partner
By: ENVIRONS WE n �
By:
General Partner
-7-
86- 677603
"Ground Lessee of Dots 14, 1.5, 16 & :7"
RANCH CENTER, LTD., a
Califo//J�j�,,ia Limited Partners' -in
By: Don. W, Olipha t,
General Partner
By: Ronald D. McMahon.
General Partner
— o —
MI LAPIN ,r%
"Owner of Lots 14, 15, 16, 17 & 18
DIAMOND BAR BUSINESS CENTER, a
California General Partnershin
By: The Trust Established by the
Will of Ver^.on H, Tav_for
Pursuant to an Order of the
Cour� ted O-tober 30' -979
al TayTr
tsree
0 1 Taylor j
By: Socaland Develooment, a
California Z_..._ted Partnership,
a General Partner of Diamond
Bar Business Center
(continued an next Page)
By: Socaland Corporation, a
California Corporation, a
Gene Partner of
Socala- De 5i3'.m
By: .
Its:
Its:
BY:]�—
U.T. Thompson, III
BY: The John Griffith Valentine and
Linda Nelson Valentine Trust
Under Declaration of Trust dated
April 15, 1980 for the benefit of
John Griffith Valentine and
Linda Nelson Valentine
BY. i.. :„ L ._f: Iti.
ohn Gr f th Valentine,
/ Truste
(:
86- 6712603
STATE OF CALIFORNIA )
) ss.
COUNTY OF tom( )
beforeon
signed,
a Notary Public in and for said County andState, personally
appeared ANTHONY KUCICH and MARIA KUCICH, proved to me on the
basis of satisfactory evidence to the person(s) who executed the
within instrument and acknowledged to me that they executed same.
NITNE5S my hand and official seal.
(SEAL) ✓ Notary Public
SM."
AL
R
P10 g1A
I41909
STATE OF CALIFORNIA )
ss.
COUNTY OF �5 .pIN Py lPs }
On _✓.(_ _ 1956, before me, the undersigned,
a Notary Public ih and for said County and State, personally
appeared J. LINO ZELADA and NILDE H. Z.ELADA, proved to me on the
basis of Satisfactory evidence to be the person(s) who executed
the within instrument and acknowledged to me that they executed
same.
WITNESS my hand and official seal.
(SEAL)
N� Public
OFFlCfAI. SEAL
PATP,ICY, J CO
•ric'. 0• HOi:.T'FLI-CAL'FORWIA
10$ .mrjFScnuxtt
F:Y c:tm. azpirca 64tY 4, 1986
-30-
STATE OF CALIFORNIA
E=w
COUNTY OF Qrange
On _Qg48p.C.�_,. 1985, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared __-PaULA—Slay.lk........... proved to me on the basis
of satisfactory evidence to be the General Partner. of SLAVICK FOUR
INVESTMENTS, a California General Partnership, the Partnership
executed the within instrument, and acknowledged to me that such
Partnership executed same.
WITNESS my hand and official seal.
(SEAL) Wotary Public
STATE OF CALIFORNIA )
ss. aI1FMGE CdXEIY�
COUNTY OF _ Oranap ) NY CONY. EYE. NNE 26, 1%9
On December 6, 1985, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared John H. Slavik proved to me on the basis
of satisfactory evidence to be the General Partner of SLAVICK FOUR
INVESTMENTS, a California General Partnershin, the Partnership
which executed the within instrument, and acknowledged to me that
such Partnership executed same.
WITNESS my hand and official seal,
(SEAL) - '�.__ R.....D�..__._...._..
STATE OF CALIFORNIA )
sa.
COUNTY OF ,[ctr .vn.��t FS } pY N.ApE 1YY
On �Fys.��. /9 1985, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared ELMER R. SLAVICK, personally known to me or proved to me on
the basis of satisfactory evidence to the person who executed the
within instrument and acknowledged to me that she executed same.
WITNESS my hand and
(SEAL)
86- 677603
official seal.
STATE OF CALIFORNIA
) as.
COUNTY OF Z.&E fIN!„°L-X F_S )
OnECELrwi�--,f�_ 1985, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared JOY A. SLAVICK, personally known to me or proved to me on
the basis of satisfactory evidence to the person who executed the
within instrument and acknowledged to me that she executed same.
WITNESS my hand and official seal.
+SEALI Notary V&blic
pRIGAISVl
STATE OF CALIFORNIA 1 1: WFIVAEYER
as. I'll"
PC9uC•CJLLNOdG
COUNTY OF LR� p.ris��-S 1 LOSNdElE4COWM
Ilh Camm fryims teb, I6, 19E7
on 1085, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared DONALD J, SLAVICK, personally known to me or proved to me on
the basis of satisfactory evidence to the person who executed the
within .instrument and acknowledged to me that he executed same.
WITNESS my hand and official seal.
(SEAL) 2t�! _..i
Notar ubIic
STATE OF CALIFORNIA
as. IEfN WX
COUNTY OF,Noc ffnl('" ) LOSNI66EEL'9M
I)/Cox. n" fi 16, 1'.dl
r
On.C'-Faa .nu, i9 igned,
a Notary Public in and for said County and State, personally
appeared ANN SLAVICK, personally known to me or proved to me on
the basis of satisfactory evidence to the person who executed the
within instrument and acknowledged to me that she executed same.
WITNESS my hand and official sea;.
(SEAL) Notary lic
_12_ *"warm
RAIEp1pfNWRW
ti
y
■
STATE OF CA,L,I�MMIA )
COUNTY OF
On
Notary blic i d fur id C '—' 19 a. before me, the undersigned, a
y and S ata, personallY appeared
Of satisfactory evidence to be ' known to me or proved to me on the basis
_2C of the Perso who execut O the within inatrumene as
the Partner ahi executed to �l J
they executed Che executed the within instrument and �ckaowle�ged to me that
same on behalf of /,
exec—V uted the ssm�P a Partnership, and that said last named partnership
WITNESS NY hand and official seal.
OFomF.IoCBipLcSAIECm •SWAN
EA
PEmySLSFTOo
CAPORNIA
Mly
AI7L o-y Public
1989
STATE OF CALIFORNIA )
COUNTY OF y ) as.
on I ��y�
N ry Public n an f al 19& before me, the undersigned, a Bald County end State, personally appeared
o me or
o satisfactory evion the basis
dence to be��—M�yrson hoknown texecutedptha within roved to einstrument as
_P2l1_.l___of the partners of —O(!�
the partnership that executed the with o " � they executed the same on behalf of /U �n� r ant
,R acknowledge— d t el
executed the same a partnership, and that said last named partnership
WITNESS NY hand and official Beal.
e
OFFICIAL SEAL
BRROTHY BRANDON
RBTAAY PUAuP a'n6CANIA
M
PAINCIPgI ICE IN
SAN MISS CBUNI
MY Commission Lrwes AP11111, 19A9
Wi
86- 677603
Notary , blicy —"`1
STATE OF CALIFORNIA
D ) as.
COUNTY OF _A / y
.98s 1985, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared Don W. Oliphant, proved to me on the basis of satisfac-
tory evidence to be the General Partner of RANCH CENTER, LTD., a
California Limited Partnership, the Partnership which executed the
within instrument, and acknowledged to me that such Partnership
executed same.
WITNESS my hand and official seal.
l SEAL)
OFG[C1gL SEAL
RENEE J MARGETICH
NOTAFi PUBLC - CAtIFICH
OAFJIGE OSIIfliY
M) rnam, eWlltl MJiR 9, 1987
STATE OF CALIFORNIA
COUNTY OF �h�r.9� )
On �!%t..-..-6-.-J a2Y 1985, before me, the undersigned,
a Notary Public in and for said County and State', personally
appeared Ronald D. McMahon, proved to me on the basis of satisfac-
tory evidence to be the General Partner of RANCH CENTER, LTD., a
California Limited Partnership, the Partnership which executed the
within instrument, and acknowledged to me that such Partnership
executed same.
WITNESS my hand and official
c+seal,
(SEAL) ary r bl�J
OFP[CIgL SEAL
RENEE J MARGEUCk
e tJOTAM PUBpC � CALIFGWN�A
- GRANOE CGIINIy
My wmm. apina MAR 8, 1G67
S� 6 77603
u
STATE OF CALIFORNIA 1
COUNTY OF ) as.
On //' /y'8✓� 1985. before me, the undersigned,
a Notary Public in and for saidCountyand State, personally
appeared GERALD LUTZKY, proved to me on the basis of satisfactory
evidence to the person who executed the within instrument on
behalf of OAK TREE ASSOCIATES and acknowledged to me that they
executed same.
WITNESS my hand and official seal.
�.1/rat.aaAJ
(SEAL)
OFFIr AL
MAY STERNSON
NOTAgy MUOGC • OAUMOANUI
OMNOE OOUNfy
NM emNR, e,O, APR Z4, 1MN9
STATE OF CALIFORNIA
} ss.
COUNTY OF }
On 1955, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared MICHAEL LAPIN, proved to me on the basis of satisfactory
evidence to be the person(s) who executed the within instrument
and acknowledged to me that the, executed same.
WITNESS my hand and official seal.
(SEAL)
otary Public
=OTAWO
AL
$
oN
lAORNIA
R Zk IBM -.5-
86- 6771603
STATE OF CALIFORNIA
J so.
COUNTOF '`2Cixi L. -
COUNT
/
on �Cf .y2�(a 199�, before me, the undersigned,
a Notary Publicn and for said County and State, personally
appeared OPAL TAYLOR, proved to me on the basis of satisfactory
evidence to be the Trustee, of the Trust which executed the within
instrument on behalf of the Partnership therein named, and
acknowledged to me that each executed same for and on behalf
of said Partnership,
WITNESS my hand and official seal.
nmTa is 1 f.;.
1EANENt.SOH
(SEAL) � Nornm
auxcr cn.•x. •� �
MVCenin 6P•••. A'+ �
.... d
STATE OF CALIFORNIA
%i'Notary pub c
sa.
COUNTY OF
On j/: 1966, before me, the undersigned,
a Notary Publi� and far said County and State, personally
appeared Opal Taylor, personally known to me or proved to me on
the basis of satisfactory evidence to the person who executed the
within instrument and acknowledged to me that she executed same.
WITNESS my hand and official seal,
OFF'Il'IAL ShJ�I.
i SEAL ) JEAHENE TIPiCN
NUPYNP40af,-1A1'p OwR
OMNpECQYr6
Mf fen. f,pim ry, ti, lYip
c'�a�ce�soy.cC,ow-
66- 677603
�� Notary Publy
-16-
STATE OF CALIFORNIA I
ea.
COUNTY OF
On , 1985, before me, the undersigned,
a Notary Public in and fot' sdd�0ounty and State, personally
appeared ., proved to me on the basis
Of satisfactory evidence to be the , of SOCALANP
CORPORATION, the corporation which executed the within instrument
as General Partner of the Partnership named therein, and
-"`a to we t71at said corporation executed same.
51'A947 (IF Cl IALIA'1J1A
COW17 OF U1ULMZ ss.
,On this loth day of April _.._
a Notary Public in --------......-- 198 _, befOLe me Kimberly Hayden
and for said State personally appeared J. _MeG
k=M to me to be the President —
known to mancy e to be the ...__—._.__ , and NMcGinley iny
te
the mtporation that �<-`- -- Secretary of Soealand Corp'—"`
executed the within instrument and known to ne to be the persons who
exectltea the within instrtnmrlt on behalf of said m
to to one of the rporation, said oo`Pvralion Ding known
partners of Socaland Development
executed the within �- the partnership that
1 instrumnE, said partnership being known to
partners of Diamond San Bus. Center to be one of the
'instnmwstt and adnnwled --• the partnership that: executed the within
of 9ed to me that said mrPoration executed the sane as the part
the Partuaership first above named, fhet said partneship executed the same as a
of Diamond Bar Bus. Center
and that said last named executed
Partner
�... .........p ........thee sane.
ivisNESS hand and official seal.
MNCIAL SEAL
KIMBERLY M. HEYOEN :
J 0 Nobn>'Wak•Ca,Yan.
,7. � / i RFxiWi 9flke lS
my Comm. IV. E�ry 1. 1989
game Pr'of r Said ty ands ......................
Official Seal
(SEAL) -.._._.__.. _........._ .. ..
No{any Publ. ic
_17_
86-- 677603
STATE OF CALIFORNIA )
COUNT OF 01IM16ZG 1 sa.
On ✓t/r)b ..,,3/__. 1985, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared John Griffith Valentine and Linda Nelson Valentine,
proved to me on the basis of satisfactory evidence to be the
Trustees, of the Trust which executed the within instrument on
behalf of the Partnership therein named, and acknowledged to me
that each executed same for and on behalf ofsaid Partnership.
WITNESS my hand and official seal.
(SEAL) N ary Public
STATE OF CALIFORNIA )
) ss.
COUNTY OF _ Orange )
On April 8 1986, before me. the undersigned, a Notary
Public in and for'said County and State, personally appeared U.T. Thompson 111,
Personally known to me or proved to me on the basis of satisfactory evidence to the
person who executed the within instrument and acknowledged to me that he
executed same.
WITNESS my hand and official seal.
p�e..�J �/, /•�A=Asc-�^^� Renee J. Margetich
N ry Publi
O
F"
SEAL
! MARGETICGU8oc • CALIFOR@IAORANGE COUNTYm. argFq MAN 3, 1397
�s s>vc4..i
,u.. WCI.
RECORDER'S OFFICE
p� � -Ie- Los ANGELES COUNTY
86� 677603 CALIFORNIA
31 MIN, 3 P M. MAY 30 1988
PAST.