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HomeMy WebLinkAbout17-91.CCR,TIFJames MaPles•Assessor- Recorder THELMA Kern County Of ;ial Records Pages 8 3/16/1995 DOCUMENT #:0195032978 13: 11 �45 RECORDING REQUESTED BY Martin - McIntosh loon nw wn 11,11 nul 11111141111111111111111111111111 Fees. RETURN TO: .els5e325ve. Taxes.. City Engineer Other 1501 Truxtun Avenue Stat. Types�l TOTAL... Bakersfield, CA 93301 Attn: Darrel Graves DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RESERVATION OF EASEMENTS AND MAINTENANCE AGREEMENT PARCELS A AND B OF PARCEL MAP WAIVER NO. 17 -91 CITY OF BAKERSFIELD This Declaration is made on March 1, 1995, by Motor Partners, a California limited partnership. 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 and B as delineated on the Certificate of Compliance recorded concurrently herewith, for Parcel Map Waiver No. 17 -91 in the City of Bakersfield. II. ACCESS A. Declarant expressly reserves and establishes, for the benefit of the City of Bakersfield, 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" attached hereto and incorporated herein by reference. 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. 91-r1r,, III. A. The care and maintenance of the driveway access, parking lots, sewer trunk line, surface drainage facilities, utilities and landscaping shall be the responsibility of the owners of Parcels A and B on a pro -rata basis from the date of recordation of a Grant Deed and subsequent to the date of recordation of this Declaration. For purposes of proration the parcels are assigned the following percentage of financial responsibility: Parcel A of Parcel Map Waiver 17 -91 28.1% Parcel B of Parcel Map Waiver 17 -91 71.9% B. As the majority holder of interest, it shall be the responsibility of Motor Partners, a California limited partnership, its successors in interest and /or assigns, to oversee the care and maintenance of the driveway access, parking lots, sewer trunk 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 Motor Partners, 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 owner of Parcels A and B. The owners of Parcels A and B are responsible for their pro -rata share of the amounts expended. C. In the event there is an expenditure of a non - emergency nature needed which exceeds Two Thousand Dollars ($2,000.00), Motor Partners, 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 and B. The Owners of Parcels A and B shall have a period of thirty (30) days in which to review the bids and to obtain their own bids and submit them to Motor Partners, its successors in interest and /or assigns. In the event Motor Partners, its successors in interest and/or assigns, receives no objections prior to the expiration of the thirty (30) day period, then Motor Partners, its successors in 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 and B shall deposit with Motor Partners, its successors in interest and/or assigns, in a separate trust account, the funds necessary to effect the maintenance and /or repairs. D. In the event there are emergency repairs needed, then Motor Partners, its successors in interest and/or assigns shall, in said Declarant's discretion, effectuate the emergency repairs and bill the expense to the remaining parcel owners on the pro -rate share described above. 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 to the on -site collection line. 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 have covenanted 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 fell due, and shall bind his heirs, devisees, personal representative and assigns. This personal obligation cannot be avoided by abandonment of the parcel or by an offer to waive use of the adjacent parking facilities. 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 Motor Partners, 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 Motor Partners, its successors in interest and/or assigns, setting forth the amount of the unpaid assessment against the grantor (seller) due for maintenance fees; and the grantee (buyer) shall not be liable for, nor shall the parcel conveyed be liable for any unpaid assessments levied by Motor Partners, its successors in interest and/or assigns, against the grantor (seller) in excess of the amount set forth in such statement; provided, however, that the grantee (buyer) shall be liable for any such assessment becoming due after the date of such statement. Notwithstanding the foregoing, any first mortgagee or beneficiary for value who obtains title to a parcel pursuant to the remedies provided in the first mortgage or deed of trust or foreclosure of the first mortgage or deed of trust, shall not be liable for unpaid assessments or charges against the parcel encumbered by a mortgage or deed of trust, which accrue prior to the time such mortgagee or beneficiary acquired title to that parcel. X. AMENDMENT Any amendment to this Declaration must be mutually agreed upon in writing by the owners of all parcels affected by this Declaration and the City of Bakersfield. XI. LEGAL PROCEEDING Failure to comply with any of the terms or restrictions by an owner, his guests, 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/or may enjoin any violation of this Declaration. Any judgement 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 payment, 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. Motor Partners, its successors in 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; S. A projection of expenses anticipated for the next year. B. Motor Partners, 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 parcels for preparation and forwarding of the annual accounting. XIII. SUBSEQUENT IMPROVEMENTS No owner shall construct, or cause to be constructed, any improvement in the parking or 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 re- stripe the parking lot inconsistent with the site plan as submitted to the City of Bakersfield, as shown on Exhibit "A" attached hereto. XIV. EASEMENTS Access. Declarant, its successors in interest and /or assigns expressly reserves for the benefit of the grantees and the City of Bakersfield, reciprocal, non- exclusive easements for parking, drainage of surface water, access, sewer trunk line, ingress and egress over all of the parking and traffic property, including any driveways, parking areas 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 and the City of Bakersfield. XV. MAINTENANCE AND REPAIRS Declarant expressly reserves for the benefit of the owners, and all agents, officers and employees of the owners and the City of Bakersfield, non - exclusive easements over 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 building conveyed. XVI. SUBSEQUENT ADMINISTRATION At such time that Motor Partners, its successors in interest and/or assigns, is no longer the owner of Parcels A and B referred to herein, the successive owners of said parcels 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. XVII. INSURANCE Each owner shall carry liability insurance naming the owner of the other parcels as additionally named insured with a liability limit of not less than One Million Dollars ($1,000,000.00) per occurrence. Executed this La day of . 1995. MOTOR PARTNERS, a California limited partnership By: Cjrgory D. Bynum & Associates, Inc. Its STATE OF CALIFORNIA COUNTY OF KERN SS 3--10 Date On MARCH 10, 1995 , before me, the undersigned, a notary in and for said state, personally appeared * *GREGORY D. BYNUM ** personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s), whose name(s) is/we subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/hentheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or entity upon behal of which the person(s) acted, executed this instrument. WITNESS my hpnd andq cjgl sea Signature `--I 3/1,95 y'sTaR N COON q ifB/ M ( This area for official notarial seal) �o EXHIBIT "A° tails 9 244' W. W H I T E L A N E —1 8972'44' W. 229.33' I I ................ . _ _ . _ . _ _ _ . I _ 1 89 W 229.00' _ — — — _ — — I I� m I? <41 C> 6U Z I �°m 1 ak'a LLua ;{wm ° x QfO aam Gil NORTH �aa Q 0 U 1 � o Q L _ __ ___ __ __ _ __..} --- -4— TRAFFIC CORRIDOR VICEL B CORRIDOR —� PARCEL A w d �a 0 VI. NUISANCES No noxious or offensive activity shall be carried on upon the property. No horns, whistles, bells or other sound devices except security devices used exclusively to protect the security of the structure on a parcel 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. VII. STORAGE AND WASTE All rubbish, trash, garbage and other waste shall be regularly removed from each parcel 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 and consistent with the City laws and regulations. All parking areas shall be re- surfaced by the owners of Parcels A and B 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 parking and traffic circulation shall remain consistent with the site plan submitted to the City of Bakersfield, as shown as Exhibit "A" attached hereto. IX. DURATION This Declaration 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 is recorded, which Declaration shall contain approval by the City of Bakersfield.