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HomeMy WebLinkAboutCT 81-46; ; 1997-0663435; Covenant7 L~- \ c/ , , 3, r- . ,a -: <-c =-? - IT ?is ”- >a; ,= .:” X? Li1-g 1 1 I 5 : - r i:-< 3& 2-5 E -r -- .! ? <:&J ;=x- - ir p9 P I E? < y? ‘:E - 0: :, i ” .” ” .= j ” . :, i -.L, 7-2 72,. . . - 3 3 L < - j i i_ .” 3 Rc.ccrtmg Requested By and I Recorded Mail To: ) =- . .~ _: c-. = / 249 ) y-kzp c>c; ”, 2 k-. ” :-: _. - r-” - - .- I- .- - z.,,,,. -= A / :A A _i -: 5 A I I’ City Clerk * 1 CITY OF CARLSBAD 1 . !;i I/ I ; &,\$; ‘;>;G~G3!.2.; 1200 Carlsbad Village Drive 1 Carlsbad, California 92008-1989 1 - -7 .. “- - - - - - .. . 3.” I j: 5 : : : $ :\.! ~,~;-:,-!~!~.~: . r-,.iii . .... ‘,->.,-!-F’:-: I-:!-!: !-,:7<: r.:-.?,-q~:~i-i 2 :-: .-.,-..-- ti/ .. , : ,~~.., !y ii ..._ . i!: !G*:s?:: j’ ij8 i i p :- 5 *: ij< t $T zfiy; ;;:Tug C3,,E!’t p:,i!?!,!?G ?! jjiii’ ;&=;;;I:?; J :-+<-!Ti’, !?*-r*K!-.; ------- LYWiliiil. r -, > ., ...Y”Y.-.?i/ %.C Yilil,,.. .a r. a __, >,.--L..>-.; .;Fp;: \ ‘ “i.* sc ‘li. J:J i/ Y’i: 1111 lllll Ill1 llllll ll~~~~[~~I111l1 lllll lllll Ill1 111 Above Space for Recorder’s COVENANT TO GRANT EASEMENTS This COVENANT TO GRANT EASEMENTS (“Covenant”) is executed as of this ‘z day of%&%, 1997, by CORNERSTONE CORPORATE CENTRE, LLC, a California lim liability company (“CCC”), with reference to the following facts: RECITALS A. CCC owns certain real property located in the City of Carlsbad, County of Diego, California, more particularly described on Exhibit “A” attached hereto and made hereof (the 6‘Property97). The City of Carlsbad (“City”) approved a Non-Residential Planned 1 Development covering the Property (the “PUD”) subject to certain conditions regarding rights of ingress and egress and utility access over and through the legal parcels which comr the Property. B. This Covenant is made and executed in order to satisfy the conditions of ’ approval described in Recital A. NOW THEREFORE.: in consideration of the City’s final approval of the PUDf ( hereby covenants and declares as follows: 1. Covenant to Convey Easements and Reserve Property Interests. Concurre with the conveyance by CCC to any third party of each and every legal lot which comprorr the Property, CCC shall record in the Office of the San Diego County Recorder a gran easement and reservation of property rights for the benefit of each lot conveyed and ( remaining legal lot within the Property, the non-exclusive reciprocal rights of ingress and e@ and easements for general utility purposes substantially similar to those set forth in the 1 attached hereto as Exhibit ‘73,’’ entitled “Grant of Easements.99 2. Mutuality, Reciprocity, Runs with Land. All restrictions, conditions, coven and every part of the Property and with the intent of satisfying the requirements of Section 1 and agreements contained herein are made for the direct, mutual and reciprocal benefit of 1 of the California Civil Code; shall create mutual, equitable servitudes and burdens upon parcel in favor of every other parcel within the Property; shall create rights and ob’ligatior provided for herein between the respective owners of each parcel, their heirs, successors assigns; and shall, as to the owners of all parcels, their heirs, successors and assigns, opera- covenants running with the land for the benefit of all other parcels. Page 1 of 2 IC IC , 0 242 0 3. City Right of Enforcement. This Covenant is intended to benefit the City and City shall have the right to enforce this Covenant against CCC, its successors and assigns. 4. ~- Termination of Covenagt. This Covenant shall terminate and be of no fur force and effect as to any particular legal lot within the Property upon the conveyance by CC( the easement rights described in Section 1 above for the benefit of said lot. The City s reasonably cooperate with CCC in the removal of this covenant as an encumbrance to promptly upon satisfaction of CCC's obligations hereunder, including without limitation, execution of documents necessary to remove this Covenant form record title to the Propert: portions thereof. ._____ IN WITNESS WHEREOF, the undersigned has executed this Covenant as of the first above written. By: CORNERSTONE CORPORATE CENTRE, LLC, a California limited liability company By: NEWPORT NATIONAL / CORNERSTONE, LLC a California limited liability company, Asset Manager By: NEWPORT NATIONAL CORPORATION, a Caiifornia corporation, as Agent By: (p Scott R. B&sseau,'President Page 2 of 2 (1 .. I. , e 243 a STATE OF CALIFORNIA 1 1 ss COUNTY OF 5 F+I 9 i ~96 W ) (Seal) On 12 /22 , 19 Cj7 before me, John R. Couvillion, Notary Pub1 personally appeared 5 ,,st%% (LUS E e Y , personally known me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed same in his/her/their authorized capacity(ies), and that by hishedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature yu?Qa* <! *e 244 0 I. EXHIBIT “A” Parcel A: Lots 7, 8 and 1 1 of Carlsbad Tract No. 81-46 Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11287, filed in the Office of the County Recorder of San Diego County, July 16, 1985. Excepting therefrom 50% of all oil mineral, gas and other hydrocarbon substances below a depth of 500 feet under the real property described in deed without the right of surface entry, as reserved by Carlsbad Properties, a partnership in deed recorded July 5, 1978 as Filepage No. 78-279136 of Official records. Parcel B: Non exclusive easements for ingress and egress, parking purposes and easements for utilities, sewage, and drainage purposes and incidental purposes over, along and across the Common Area as set forth and conveyed in those certain covenants, conditions and restrictions for Carlsbad Airport Centre recorded September 12, 1986 as File/Page No. 86-401456 of Official Records. , Recording Requested By and ’ &Recorded Mail To: 245 ) 0 City Clerk * CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ? ) ) ) ) 1 Above Space for Recorder’s EXHIBIT “B” GRANT OF EASEMENTS This GRANT OF EASEMENTS (“Grant”) is made and entered into this day of ’- 199 , by and between CORNERSTONE CORPORATE CENTRE, LLC, a Calif0 limited liability company, as “Grantor,” and , as “Grantee”, with reference to the facts forth below. RECITALS A. Grantor is the owner of that certain real property situated in the County of Diego, City of Carlsbad more particularly described in Exhibit “A” attached hereto incorporated herein (the “Property”). The Property is comprised of three (3) legal graphically depicted on Exhibit “B” attached hereto (the legal lots are sometimes referrec herein individually as a “Parcel,” or in groups or all collectively as the “Parcels”). Be Grantor is concurrently herewith conveying to Grantee fee title to a portion of Property known as Lot , more particularly described on Exhibit “C” attached hereto incorporated herein (“Grantee’s Property”). Grantor anci Grantee desire io (i) reseive cer easement rights across Grantee’s Property for the benefit of the remaining Property ownec Grantor, (ii) provide for the establishment of certain easements across the remaining Prop owned by Grantor for the benefit of Grantee’s Property, and (iii) impose upon the Prop certain maintenance obligations with respect to the easements as more particularly set f herein. NOW THEREFORE, in order to effect such desires and establish such easements, parties agree as follows: ARTICLE 1 DEFINITIONS 11.1 Grantor. The term “Grantor” shall mean Cornerstone Corporate Centre, EL( California limited liability company and its successors and assigns, if such successors assigns acquire any or a11 sf Grantor’s irttersst in the Property for the purpose of developmer sale, and Grantor has expressly transferred or assigned to such successors or assigns its rights duties as Grantor to a portion or all of the Property. Page 1 of 4 .’ .e 246 0 .. 1.2 - Grant. The term “Grant” shall mean and refer to this Grant of Easements. 1.3 Owner. The term “Owner” shall mean and refer to a record owner of fee sin title to any Parcel, whether held by one or more persons or entities, and shall include Grantor Grantee. 1.4 Parcel. The term “Parcel” shall mean and refer to each of the Parcels or within the Pr0pert.y as descried in Exhibit “5,” iccluding Grar,tee’s Property, and any fu subdivisions thereof created by a valid subdivision of such Parcels. 1.5 Property. The term “Property” shall include all of the real property describe( Exhibit “A” of this Grant. ARTICLE 2 ESTABLISHMENT OF EASEMENTS 2.1 Grant of Easements and Reservation of Property Interests. Grantor hereby gr; to Grantee non-exclusive reciprocal easements for (i) general. utility purposes (including, wit[ limitation, storm drain, water, sewer, electricity and telephone) and (ii) vehicular and pedest: ingress and egress on, over, through and across the Parcels depicted on Exhibit “B.” I easements shall not unreasonably interfere with existing improvements and shall be confir where feasible, to undeveloped portions of the Property. The easements created hereby shal referred to collectively as “Easements” and the areas covered by the Easements are collectb referred to herein as the “Easement Areas.” Grantor hereby reserves said Easements ( Grantee’s Property for the benefit of Grantor and all Owners. 2.2 - Character of Easement. The Easements herein created shall exist in perpet and shall be appurtenant to each of the Parcels for the benefit of all of the other Parcels. ’ Easements herein granted shall be non-exclusive and shall be for the use and benefit of parties hereto, their respective successors-in-interest, assignees, tenants, licensees and invitees 2.3 Compliance with Laws and Regulations. Each Owner shall comply with all 12 rules, regulations and requirements of all public authorities regulating or affecting the Easen Areas, and shall use due diligence to ensure such Owner’s tenants, licensees and invitees COIT with all laws, rules, regulations affecting the Easement Areas. ”- 2.4 Maintenance. The Easement Areas situated on a Parcel shall be maintained the Owners of the Parcels over which such Easement Areas are located. Each of the Ow shall maintain such portions of the their Parcels in conformance with all covenants, conditj and restrictions affecting the Property and all governmental rules and regulations and in a mar which is not inconsistent with the terms and provisions of this Grant. In performing maintenance obligations required hereunder, an Owner shall not substantially or totally inter with access to or from a Parcel for an unreasonable period of time and shall perform s maintenance and construction activities on the Easement Areas in a reasonable and workman manner. Page 2 of 4 1 .* x La‘( 0 .. 2.5 Limitation on Use of Easement. Nothing in this Grant shall be construed as granting by any Owner to any person other than the other Owners any right of access over an the Parcels. The Owners shall also take such reasonable steps as are necessary to ensure their tenants, licensees and invitees comply with the terms and conditions of this Grant. 2.6 Insurance and Indemnity. By its acceptance of a deed from Grantor with res] to any of the Parcels, or any portion thereof, Grantee agrees to defend, indemnify, protect hold harmless Grantor and all other Owners from and against all liabilities, claims, actions, c and expenses suffered or incurred by such Owners, including but not limited to attorneys’ and costs, arising from or attributable to the use of the Easements by the indemnifying Owner tenants, agents, licensees or invitees in a manner inconsistent with this Grant. Each Owner s carry liability insurance in an amount adequate to cover its obligations under the foregc indemnity. ___ ARTICLE 3 MODIFICATION AND TERM OF GRANT 3.1 Modification of Grant. This Grant may not be modified in any res whatsoever, or rescinded, in whole or in part, except with the consent of the parties hereto, then only by written instrument duly executed and acknowledged by said Owners and recox in the Office of the County Recorder of San Diego County. 3.2 Not a Public Grant. Nothing herein contained shall be deemed to be a gil dedication of any portion of the Property to the general public or for the benefit of the ge1 public or for any public purposes whatsoever, it being the intention of the Grantor that this G shall be strictly iirnited to x16 fcr the purposes herein expessed. The right of :he public or person to make any use whatsoever of the Property or any portion thereof (other than any expressly allowed by a written or recorded map, agreement, deed or dedication) is by permis: and subject to the control of the Owners. Notwithstanding any other provisions herein to contrary, the Owners by mutual agreement of all Owners may periodically restrict ingress to egress from the Parcels in order to prevent a prescriptive easement from arising by reas01 continued public use. ARTICLE 4 GENERAL PROVISIONS 4.1 Liens and Claims. No Owner shall suffer to permit to be enforced against an the Parcels any mechanic’s, materialmen’s, contractors’ or subcontractors’ liens or any clairr damage arising out of the work of any construction, repair, restoration, replacemen improvement, or any other claim or demand. Each Owner shall pay or cause to be paid a said liens, claims or den:ands before my actim is bror;ght to enforce the same against Parcels. Each Qwner shall indemnify and hold the other Owners free and harmless fion liability for any and all such liens, claims and demands, together with all attorneys’ fees, c and expenses incurred. Page 3 of 4 -0 Z4U e .. 4.2 Failure to Enforce and Waiver of Rights. The failure of any Owner to enforce restrictions herein contained shall, in no event, be deemed to be a waiver of the right to dl thereafter nor of the right to enforce any other restriction. 4.3 Severability. If any term, provision, covenant or condition of this Grant is he1 be invalid, void or otherwise unenforceable, to any extent, by any court of compc jurisdiction, the remainder of this Grant shall not be affected thereby, and each term, provi: covenant or condition shall be valid and enforceable to the fullest extent permitted by law. 4.4 Mutuality, Reciprocity, Runs with Land. All restrictions, conditions, coven and agreements contained herein are made for the direct, mutual and reciprocal benefit of ( and every part of the Parcels and with the intent of satisfying the requirements of Section 146 the California Civil Code; shall create mutual, equitable servitudes and burdens upon I Parcel, in favor of every other Parcel; shall create rights and obligations as provided for he between the respective Owners of each Parcel, their heirs, successors and assigns; and shall, a the Owners of all Parcels, their heirs, successors and assigns, operate as covenants Punning 7 the land for the benefit of all other Parcels. 4.5 Mortgagee Protection. No breach hereof shall defeat, render invalid, diminis impair the lien of any mortgage or deed of trust made in good faith or for value, but covenants contained herein shall be binding upon and effective against the Owners of any Pa or any portion thereof, whose title thereto is acquired by foreclosure, trustee's sale or otherv No subsequent Owner of any Parcel shall have any liability for any breach of this G occurring prior to the date such party acquired such ownership interest. IN WITiU'ESS WHEKEOF, the undersigned have executed this Grant of Easements a the date first above written. GRANTEE: GRANTOR: By: CORNERSTONE CORPORATE CENTRE, LLC, a California limited liability company By: NEWPORT NATIONAL / CORNERSTONE, LLC a California limited liability company, Asset Manager By: NEWPORT NATIONAL CORPORATION, a California corporation, as Agent By: Scott R. Brusseau, President Page 4 of 4 ,. . I ., 249 0 L. EXHIBIT “A” Parcel A: Lots 7, 8 and 1 1 of Carlsbad Tract No. 8 1-46 Unit No. 1, in the City of Carlsbad, Cow of San Diego, State of California, according to Map thereof No. 11287, filed in the Off1 of the County Recorder of San Diego County, July 16, 1985. Excepting therefrom 50% of all oil mineral, gas and other hydrocarbon substances belc a depth of 500 feet under the real property described in deed without the right of surfa entry, as reserved by Carlsbad Properties, a partnership in deed recorded July 5, 1978 File/Page No. 78-279136 of Official records. Parcel B: Non exclusive easements for ingress and egress, parking purposes and easements f utilities, sewage, and drainage purposes and incidental purposes over, along and acro the Common Area as set forth and conveyed in those certain covenants, conditions a restrictions for Carlsbad Airport Centre recorded September 12, 1986 as Filepage N 86-401456 of Official Records. + -> : -i e 250 0 EXHIBIT “B” 1 a “1 CARLSAD TRACT NO. 81- UNIT. NO. D ~. . . . .- I i 1 I t \ ’. .- ..