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HomeMy WebLinkAbout750 N Diamond Bar - Rec Parking AgrREQUE TE 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.