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Home My WebLink AboutP01-0843 CC&RRECORDING REQUESTED BY: Wible Business Park and when recorded, return to: City Engineer 1501 Truxtun Avenue Bakersfield, CA 93301 James Maples,Assessor- Recorder SOFIR Kern County Official Records Pages 9 DOCUMENT #:0202023156 2/14/2 002 9:12:11 Fees.... 31.00 Taxes... -*e2e2e23156. Other ... TOTAL PAID.. 31.00 Stoat. Types:] DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RESERVATION OF EASEMENTS AND MAJNTENAME AGREEMENT PORTIONS OF PARCEL MAP WAIVER NO. P01 -0843 CITY OF 'BAKE T his declaration is mode on 4 'L ct -- , 2002, by Wible Business P ar k , a Ca lif o rni a General Partnership. I. A. Declarant is the Owner of certain real property ( "the Parcels ") located in the City of Bakersfield, County of Kern, State of California, being described as follows: Parcels A, B, C, D, F, G, I and J of Parcel Map Waiver No. P01 -0843 , recorded concurrently herewith in the City of Bakersfield. B. Declarant wishes to establish an easement across the Parcels for the benefit of Declarant, and Declarant's successors and assigns, and for the benefit of the City of Bakersfield. H. DE qMONS A. "Sewer Easement" means the Sewer. Easement created by this Document. B. "Sewer Facilities" means those subsurface improvements constructed by Declarant within the Easement Area (as defined below). C. "Easement Area" means the area of land that is the subject of the Sewer Easement. The legal description of the Easement Area is set forth in Exhibit "A" and a graphic depiction of the Easement Area is set forth In Exhibit "B" D. "Parcel" and "Parcels ": "Parcel" means any one of the Parcels described in Article 1. Parcels means all of the Parcels described in Article I. 1 E. "Owner" or "Parcel Owner" means the fee owner of one of the Parcels. M. ACCESS Declarant expressly reserves and establishes, for the benefit of itself, as long as it owns any of the Parcels, or any one of them, and its grantees, successors in interest or assigns (i) a reciprocal, nonexclusive, sewer easement (the "Sewer Easement ") for sewer service over and/or under the Easement Area as depicted on Exhibit "B" attached hereto and incorporated herein by this reference. Subject to the provisions of this Declaration governing use and enjoyment thereof, the Sewer Easement may be used by Declarant, its successors in interest and/or assigns, purchasers and all Parcel Owners and their tenants, for sewer service from their Parcels. IV. MAINTENANCE A. Responsibility. From and after the recordation of this Declaration, the maintenance of the surface of the Easement Area shall be the responsibility of the respective Owners of Parcels A, C, G and I. From and after the recordation of this Declaration, the maintenance of the Sewer Facilities from point X to point Y as indicated on Exhibit `B" shall be the responsibility of the respective Owners of Parcels B, D, F and I The maintenance of all other Sewer Facilities in the Easement area shall be the responsibility of the Respective Owners of Parcel A, C, G and I. B. Maintenance. Repair and Replacement. The Sewer Facilities shall be kept in good condition and repair, and in a condition consistent with the level of maintenance followed by good to excellent commercial development in the Bakersfield area. V. EM PROVEMENTS WITHIN THE EASEMENT AREA A. Improvements on or Above the Surface. Other than landscaping, the Sewer Facilities, and/or the surfacing of the Easement Area for driveway and drainage purposes, no Owner or other person shall construct any improvements of any kind or nature on or above the Easement Area. B.. Surface Improvements. In the event it is necessary for any Owner to cause the installation, maintenance, repair or removal of the Sewer Facilities, and thereby cause the disturbance of the Easement Area, the Owner of the Parcel having responsibility for such installation, maintenance, repair or removal as set forth in Article IV. A. above, shall bear all costs related to that activity, including the cost to restore the Easement Area as provided herein. Any such work shall be conducted after reasonable notice to the other Owner and at such times and in such manner as to minimize the interference with the Sewer Facilities and with any improvements and/or other easements within the Easement Area. Any additional expense required to minimize interference with the other Owner's use of the Sewer Facilities and /or other improvements or easements shall be borne by the Owner causing such interference. All work shall be done by licensed contractors and in a good workmanlike manner. At the completion of such work, if in the course of the work the Easement Area surface of any subsurface improvements are damaged in any manner, then the Easement Area surface and/or subsurface improvements shall be fully restored to their reconstruction condition by the Owner causing such damage. 0) M PAYMENT OF MAINTENANCE COSTS 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 in accordance with the procedures adopted by the Owners, the maintenance, and repair costs as described herein. All such maintenance costs, 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 of the installation, maintenance, repair or removal occurred, and such Owner 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 Easement Area. DURATION This Declaration shall continue in perpetuity, or until a Declaration of Termination is recorded, which Declaration is executed by all -of the Owners of the Parcels and by the City of Bakersfield. VIII. 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. 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 judgment rendered in any such action or proceeding pursuant thereto, shall include a sum for attorneys' 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. IN SS WHEREOF, Declarant has caused this Declaration to be executed on the day and year first herein above written. WIBLE BUSINESS PARK, a California General Partnership By: ?4A Paul J. Andre, General Partner EXHIBIT "K Legal Descriptions 1. Being a portion of the land shown as Parcel B of Parcel Waiver No. P01 -0843 recorded as certificate of compliance per Document No. 0 20 Z 3154 in the office of the Kern county Recorder, being also a portion of the southwest quarter of Section 24, T. 30 S., R. 27 E., ill.D.M in the City of Bakersfield, county of Kern, State of California and more particularly described as follows; The southerly 10 feet of the northerly 20 feet of the easterly 40 feet said Parcel No. A 2. Being a portion of the land shown as Parcel c of said Parcel Waiver and more particularly described as follows; The northerly 10 feet of the southerly 20 feet of the easterly 75 feet said Parcel No. c 3. Being a portion of the land shown as Parcel G of said Parcel Waiver and more particularly described as follows; The westerly 10 feet of the easterly 20 feet of the north 50 feet said Parcel No. G 4. Being a portion of the land shown as Parcel I of said Parcel Waiver and more particularly described as follows; The northerly 10 feet of the southerly 20 feet of the easterly 75 feet said Parcel No. I HARRIS ROAD EXHIBIT B W -<�( =I 10 L-1 I Q Z I w GONG. MON. WITH BRASS GAP IN IAMPHOLE lk� C6 879 04.9.61 5F [ 2.00 AGO 1 m I Q f m 0 ' I I KERN DELTA MATER DIST. ° � [ I z EASEMENT PER DOG. NQ. [ [ 01 -9909984 I [ C [ ( [ [ 10'WIDE ' I [ [ I SEWER EASEMENT 1 I STD. G.O. LAT f 1 [ S 44(22'07'E 1G' SUE LANDSCAPE 28.25' Y EASEMENT f N 8901-913511 W �5 ._ ._ � x ` I t 22ra. 66 1 I Ik k l N 891-935 W _ 51k4.�49 S f MH AUTO MALL DRIVE 1 1 I 1 LAT. I EXHIBIT B 1 r 1 r EX. GURB 6(J1TER TYP. � f MH PARCEL - F 43,559.08 5F 1.00 AGO. t i S 89"!x'46" E 246.81' LAT. x i j U1 STD. G.O. y LAT. � 10''WIDE < SEWER-EASEMENT LJ 30' 3a PARCEL — G tz� 558-47 5F 'It — — 1.00 A. 10` PUE $ LANDSCAPE f f EA55MENT N 45`37 5F E f I LET. {I 01935 kAAUTO l"v IALL DRIVE ••a•. . • .-I+r •s ..w..E• • ...►.+. ♦ r.r. . .ww• • . w•w.rr . . .r.� • . .Frr.• . . .iw.r. J . ra.•. • Tr. . . •*.,..y. a M+�w. r +.wM. . . .nn•.r • . T•• . . 4.►. w • rr .. rarw �-.�.► .. .` w • •.4r� - i r ok .� +....s � .•wr. . ti -�.•,• r . .+•+• -e w . �+*.�rw • �r.w. . r r - ,Y♦ s . .r�.... . . �../��+.�♦,., ••}�w.�+RRr (..(.w+•E rr.n► rrd�. . ♦ �.•M♦ • . r+r.�Y r . . 4►. . ..rw.I • • • .oM+. • .�..� • . ♦.w.r i !H Lj LAT. EX. CURB 6UTTER TYP. LAT. GONG. MON. WITH BV65 GAP IN LA PHOLE EXHIBIT B 10'PUE $ �X. GURB $ GUTrR AUTO MALL DRIVE s � s STATE OF California COUNTY OF Kern On January 3, 2002 before me, Dorothy Gi l l i ck personally appeared Paul J. Andre personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed in 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 s�ial seal, N y•' ' ".��, DOROTHY GILLICK COMM. #13213393 ` • �' � � NOTARY I'UB1. #C • CALIFORNIA KERN COUNTY � NOTARY P HE TE r•a My Comm. Exp. Oct 5, 2005 M CAPACITY CLAIMED BY SIGNER NAME OF PERSON(S) OR ENTITY(IES) ❑. INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) pul PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN /CONSERVATOR OTHER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT THE RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above This document is only a general form which may be proper for use in simple transactions and in no way acts, or is intended to act, as a substitute for the advice of an attorney. The printer does not make any warranty, either express or implied, as to the legal validity of any provision or the suitability of these forms in any specific transaction. Cowdery's Form No. 10210 * (New No. 10G) • ACKNOWLEDGMENT • General (Civil Code 1189(a)) (Revised 10.97; Printed 10.97) 6IIII0II II II III IIS