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Home My WebLink About27-94CCR.TIFCITY OF BAKERSFIELD This Declaration is made on September 30, 1994, by Amhurst 88 Corp., a California Corporation. I. PREAMBLE A. Declarant is the owner of certain real property located in the City of Bakersfield, County of Kern, State of California, being described as follows: Parcels "A" thru "I" as delineated on attached Exhibit "A" and on the Certificate of Compliance recorded concurrently herewith, both of which are incorporated as though fully set forth herein for Parcel Map Waiver in the City of Bakersfield. II. U4161** A. As to Parcels A & B acting together, declarant expressly reserves and establishes, for the benefit of the grantees, successors in interest or assigns, reciprocal, non - exclusive easements for access, ingress, and egress over driveways and traffic corridors as shown on Exhibit "A ". Subject to the provisions of this declaration governing use and enjoyment thereof, the easements may be used by declarant, its successors in interest and /or assigns, purchasers and all owners, their patrons, employees, guests, invitees and others temporarily visiting the property, for vehicular access, and such other purposes reasonably necessary for use and enjoyment of the buildings. Page 1 of 9 REQUESTED BY AND WHEN RECORDED MAIL TO: RECt 1' .. D 3Y KEnNCO i i? iL ORDER CITY ENGINEER CITY OF BAKERSFIELD,: 8 8 9�t Ii ��.' 1 9:e0 1401 TRUXTUN AVE. BAKERSFIELD CA. 93301 1116 12.00 ((f�{YS ANY UVE #947450 COPT ,Rol H NO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - -- RESERVATION OF EASEMENTS AND MAINTENANCE AGREEMENT 9 '-` -' -' PARCELS "A" thru "I" OF PARCEL MAP WAIVER #27 -94 CITY OF BAKERSFIELD This Declaration is made on September 30, 1994, by Amhurst 88 Corp., a California Corporation. I. PREAMBLE A. Declarant is the owner of certain real property located in the City of Bakersfield, County of Kern, State of California, being described as follows: Parcels "A" thru "I" as delineated on attached Exhibit "A" and on the Certificate of Compliance recorded concurrently herewith, both of which are incorporated as though fully set forth herein for Parcel Map Waiver in the City of Bakersfield. II. U4161** A. As to Parcels A & B acting together, declarant expressly reserves and establishes, for the benefit of the grantees, successors in interest or assigns, reciprocal, non - exclusive easements for access, ingress, and egress over driveways and traffic corridors as shown on Exhibit "A ". Subject to the provisions of this declaration governing use and enjoyment thereof, the easements may be used by declarant, its successors in interest and /or assigns, purchasers and all owners, their patrons, employees, guests, invitees and others temporarily visiting the property, for vehicular access, and such other purposes reasonably necessary for use and enjoyment of the buildings. Page 1 of 9 S. As to Parcels C & D acting together, declarant expressly reserves and establishes, for the benefit of the grantees, successors in interest or assigns, reciprocal non - exclusive easements for access, ingress and egress over driveways and traffic corridors as shown on Exhibit "A ". Subject to the provisions of this declaration governing use and enjoyment thereof, the easements may be used by declarant, its successors in interest and /or assigns, purchasers and all owners, their patrons, employees, guests, invitees and others temporarily visiting the property, for walkways, vehicular access, and such other purposes reasonably necessary for use and enjoyment of the buildings. C. As to Parcels E & F acting together, declarant expressly reserves and establishes, for the benefit of the grantees, successors in interest or assigns, reciprocal, non - exclusive easements for access, ingress and egress over driveways and traffic corridors as shown on Exhibit "A ". Subject to the provisions of this declaration governing use and enjoyment thereof, the easements may be used by declarant, its successors in interest and /or assigns, purchasers and all owners, their patrons, employees, guests, invitees and others temporarily visiting the property, for walkways, vehicular access, and such other purposes reasonably necessary for use and enjoyment of the buildings. D. As to Parcels G & H acting together, declarant expressly reserves and establishes, for the benefit of the grantees, successors in interest or assigns, reciprocal, non - exclusive easements for access, ingress and egress over driveways and traffic corridors as shown on Exhibit "A ". Subject to the provisions of this declaration governing use and enjoyment thereof, the easements may be used by declarant, its successors in interest and /or assigns, purchasers and all owners, their patrons, employees, guests, invitees and others temporarily visiting the property, for walkways, vehicular access, and such other purposes reasonably necessary for use and enjoyment of the buildings. E. As to Parcel I, declarant expressly reserves and establishes, for the benefit of the grantees, successors in interest or assigns, reciprocal, non - exclusive easements for access, ingress and egress over driveways and traffic corridors as shown on Exhibit "A ". Subject to the provisions of this declaration governing use and enjoyment thereof, the easements may be used by declarant, its successors in interest and /or assigns, purchasers and all owners, their patrons, employees, guests invitees and others temporarily visiting the property, for vehicular access, walkways and such other purposes reasonable necessary for use and enjoyment of the buildings. Page 2 of 9 III. MAINTENANCE A. As to Parcels A & B, the care and maintenance of the driveway access, parking lots, traffic corridors, surface drainage facilities, utilities and landscaping shall be the responsibility of the owners of Parcels "A" & "B" on a prorata basis from the date of recordation of a Grant Deed and subsequent to the date of recordation of this declaration. For purpose of proration the lots are assigned 509 each of financial responsibility. B. As to Parcels C & D, the care and maintenance of the driveway access, parking lots, traffic corridors, surface drainage facilities, utilities and landscaping shall be the responsibility of the owners of Parcels "C" & "D" on a prorata basis from the date of recordation of a Grant Deed and subsequent to the date of recordation of this declaration. For purpose of proration the parcels are assigned 509 each of financial responsibility. C. As to Parcels E & F, the care and maintenance of the driveway access, parking lots, traffic corridors, surface drainage facilities, utilities and landscaping shall be the responsibility of the owners of Parcels "E" & "F" on a prorata basis from the date of recordation of a Grant Deed and subsequent to the date of recordation of this declaration. For purpose of proration the parcels are assigned 509 each of financial responsibility. D. As to Parcels G & H, the care and maintenance of the driveway access, parking lots, traffic corridors, surface drainage facilities, utilities and landscaping shall be the responsibility of the owners of Parcels "G" & "H" on a prorata basis from the date of recordation of a Grant Deed and subsequent to the date of recordation of this declaration. For purpose of proration the parcels are assigned 509 each of financial responsibility. E. As to Parcel I, the care and maintenance of the driveway access, parking lots traffic corridors, surface drainage facilities, utilities and landscaping shall be the responsibility of the owners of Parcel "I" from the date of recordation of a Grant Deed and subsequent to the date of recordation of this declaration. F. In the event there is an expenditure of a non - emergency nature needed which exceeds Two Thousand Dollars ($2,000.00), Amhurst Corp. 88, its successors in interest and /or assigns, shall solicit three (3) competitive bids for the work and shall submit them to the owners of Parcels "A" thru "I" who are responsible for such maintenance. The owner of Parcels "A" thru "I" who are responsible for such maintenance shall have a period of thirty (30) days in which to review the bids and to obtain their own bids and submit them to Amhurst 88 Corp-, its successors in interest and /or assigns. Page 3 of 9 G. In the event Amhurst 88 Corp „ its successors in interest and /or assigns, receives no objections prior to the expiration of the thirty (30) day period, then Amhurst 88 Corp., its successors interest and /or assigns, is authorized to enter into a contract for the repairs. Prior to the execution of the contract for repairs, the owners of Parcels "A" thru "I" who are responsible for such maintenance shall deposit with Amhurst 88 Corp., its successors in interest and /or assigns, in separate trust account, the funds necessary to effect the maintenance and /or repairs. H. In the event there are emergency repairs needed, then Amhurst 88 Corp., its successors in interest and /or assigns shall, in said declarant's discretion, effectuate the emergency repairs and bill the expense to the remaining lot owners on the prorate shale described above. I. Declarant expressly reserves for the benefit of the owners of all parcels, and all agents, officers and employees of the owners, non - exclusive easements over all the parking and traffic areas as necessary to maintain and repair the sewer mains, landscaping and utilities. Such easements over the parking and traffic areas shall be appurtenant to and binding upon and shall pass with title to each parcel conveyed. J. As the majority holder of interest, it shall be the responsibility of Amhurst 88 Corp., its successors in interest and /or assigns, to oversee the care and maintenance of the driveway access, parking lots, sewer main line, surface drainage facilities, utilities and landscape maintenance from the date of recordation of this declaration. In the event there are expenditures needed in the amount less than Two Thousand Dollars ($2,000.00) on an annual basis for the costs of repair and maintenance, then Amhurst 88 Corp., its successors in interest and /or assigns, shall advance these funds and shall send a copy of the bill, together with lien releases, to the owners of Parcels "A" thru "I" who are responsible for such maintenance. The owners of Parcels "A" thru "I" are responsible for their prorata share of amounts expended. IV. REPAIR AND MAINTENANCE BY INDIVIDUAL OWNERS Each owner shall maintain, repair, replace, and restore or cause to be so maintained, repaired, replaced, and restored at his sole expense, all portions of the exterior of said owner's building, and also said owner's sewer lateral. Page 4 of 9 V. COLLECTION OF MAINTENANCE FEES A. Declarant, its successors in interest and /or assigns, and each grantee, by acceptance of a deed from declarant, whether or not it shall be so expressed in any such deed, is deemed to covenant and agrees to pay when assessed, maintenance and repair fees as described herein. All such assessments and maintenance fees, together with interest, costs and reasonable attorney's fees shall be the separate, distinct and personal obligation of the person or entity who was the vested owner of the parcel at the time the assessment fee was due, and shall bind his heirs, devisees, personal representatives and assigns. This personal obligation cannot be avoided by abandonments of the parcel. B. Upon any voluntary or involuntary conveyance of any parcel, the grantee (buyer) shall be jointly and severally liable with the grantor (seller) for all unpaid assessments levied by Amhurst 88 Corp., its successors in interest and /or assigns against the grantor (seller) for his share of the common expenses up to the time the grantor's (seller's) conveyance was recorded, without prejudice, to the right of the grantee (buyer) to collect from the grantor (seller) therefore. However, any such grantee (buyer) shall be entitled to a statement from Amhurst 88 Corp., its successors in interest and /or assigns, setting forth the amount of the unpaid assessment against the grantor provided, however, that the grantee (buyer) shall be liable for any such assessment coming due after the date of such statement. Notwith- standing the foregoing, any first mortgagee or beneficiary for value who obtains title to a lot pursuant to the remedies provided in the first mortgage or deed of trust, shall not be liable for unpaid assessments or charges against the lot encumbered by a mortgage or deed of trust, which accrues prior to the time such mortgagee or beneficiary acquired title to that parcel. VI. NUISANCES No noxious or offensive activity shall be carried on upon the property. No horn, whistles, bells or other sound devices except security devices used exclusively to protect the security of the structure on a lot and its contents shall be placed or used in any such structure. No loud noises, vibrations or noxious odors shall be permitted on the property and the owners shall have the right to determine if any noise, vibration, odor or activity producing such noise, vibration or odor constitutes a nuisance. Each owner shall comply with all of the requirements of the local or State Health Authorities and with all governmental authorities with respect to the use of his structure. Page 5 of 9 VII. STORAGE AND WASTE All rubbish, trash, garbage and other waste shall be regularly removed from each lot and shall not be allowed to accumulate therein. No refuse containers shall be maintained other than in the location and manner provided for in the site plan as submitted to the City of Bakersfield. VIII. PARKING AREAS A. Adequate parking shall be provided to accommodate all reasonable parking needs for activities on the property, including the parking of vehicles of employees, patrons and invitees. All parking spaces shall be subject to reasonable regulation and control by the owners. All parking areas shall be re- surfaced to city standards by the owners of Parcels "A" thru "I" so as to provide dust -free, all- weather surfaces. Each space provided may be designated by lines painted on the paved surfaces and all parking areas shall provide, in addition to parking spaces, adequate driveways and space for the movement of vehicles. B. The traffic circulation shall remain consistent with the site plan submitted to the City of Bakersfield, as shown on Exhibit "A" and attached hereto. IX. DURATION This declaration shall be binding on Declarant, the owners of parcels A thru I, and the grantees, sucessors in interest or assigns of Declarant and the owners of parcels A thru I and shall continue in full force for a term of fifty (50) years from the date hereof, after which time the same shall be automatically extended for successive periods of ten (10) years, unless a Declaration of Termination, signed by the then - current owners of Parcels "A" thru "I" and the City of Bakersfield, is recorded. X. AMENDMENT Any amendment to this declaration must be mutually agreed upon in writing by the owners of all lots affected by this declaration, and the City of Bakersfield. Page 6 of 9 XI. LEGAL PROCEEDING Failure to comply with any of the terms or restrictions by an owner, his guest, employees, invitees or tenant shall be grounds for relief which may include, without limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce that provision, or any other provision hereof. Any owner not at the time in default hereunder, or declarant, its successors in interest and /or assigns, or the City of Bakersfield shall be entitled to bring an action for damages against any defaulting owner, and in addition may enjoin any violation of this declaration. Any judgment rendered in any such action or proceeding pursuant thereto, shall include a sum for attorney's fees in such amount as the Court may deem reasonable in favor of the prevailing party, as well as the amount of delinquent payments, interest thereon, cost of collection and court costs. Each remedy provided for in this declaration shall be cumulative and not exclusive or exhaustive. XII. ACCOUNTING A. Amhurst 88 Corp., its successors interest and /or assigns, shall be responsible for preparation at year end and will provide to the owners of the other parcels an annual accounting which sets forth: 1. All funds spent on maintenance; 2. All other funds expended; 3. All funds received from owners; 4. All funds due and owing from owners; 5. A projection of expenses anticipated for the next year. B. Amhurst 88 Corp., its successors in interest and /or assigns, shall be compensated in the amount of One Hundred Dollars ($100.00) from the owners of the other lots for preparation and forwarding of the annual accounting. Page 7 of 9 XIII. No owner shall construct, or cause to be constructed, any improvements in the traffic area which would interfere with the free -flow of traffic as set forth in the plans submitted to the Bakersfield City Planning /Building Department for the site plan review process. Improvements shall include striping, as no owner shall restripe the parking lot inconsistent with the site plan as submitted to the City of Bakersfield. XIV. EASEMENTS Access: Declarant, its successors in interest and /or assigns expressly reserves for the benefit of the grantees, reciprocal, non - exclusive easements for parking, drainage of surface water, access, traffic corridors, ingress and egress over all of the traffic property including any driveways, and open areas presently on the property. The easements are for the benefit of declarant, and declarant's successors, purchasers, assigns and all grantees, their patrons, employees and invitees temporarily visiting the property. "t SUBSEQUENT ADMINISTRATION At such time that Amhurst 88 Corp., its successors in interest and /or assigns, are no longer the owner of Parcels "A" thru "I" referred to herein, the successor owners of said lots shall assume the Declarant's duties and responsibilities pursuant to this Declaration and in particular those duties and responsibilities more fully set forth in Sections III, V, and XII herein. Amhurst 88 Corporation (Declarant) i e orfibuckleD Presiden Page 8 of 9 � I I � I- id I r � I IL I I I I F� c�i..L�-rc -� Pr�vptrm -uu� �� t'i�tilcrt� �.�.n r,cc�, r✓' cC � v� Page 9 of 9 i - -1 \ �r V \ �-r I � I �1 J \ I I I I F� c�i..L�-rc -� Pr�vptrm -uu� �� t'i�tilcrt� �.�.n r,cc�, r✓' cC � v� Page 9 of 9 STATE OF CALIFO(]RRNIA COUNTY OF /1�-W 55. On /VOK /y (Qytil before me, r� r [name of Notary Public / erson�q a eared f L P rt_t personally known to me (or proved to me on the basis of satisfactory evidence] to be the persons] whose name[s] is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s] on the .nstrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signat u: ✓�C L- �'°R'�'�'�' STATE OF CALIFORNIA COUNTY OF On (name of Notary Public) personally appeared before me, personally known to 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 the same in his /her /their authorized capacity(ies), and that by his /her /their 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 STATE OF CALIFORNIA COUNTY OF SS' On (name of Notary Public) personally appeared before me, personally known to me [or proved to me on the basis of satisfactory evidence] to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(es), and that by his /her /their 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 WTL 279 Ps. 3/99 YY , C WORLD TITLE COMPANY C 4 M MR NOTARY w'L "Lf zI MR NOLARV SEAL OR STAMP