Covenant - District Yard Fuel Tank Setback 2012-01-26r j ,
EXEMPT RECORDING REQUESTED
PURSUANT TO SECTION 6103,
GOVERNMENT CODE
AND WHEN
MAIL TO:
JOAN REVAK
CLERK OF THE DISTRICT
COSTA MESA SANITARY DISTRICT
628 W. 19TH STREET
COSTA MESA, CA 92627-2716
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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RECEIVE®
MAR 2 2 2012
COSTA MESA SN1ilARl DISTRICT
THIS SPACE FOR RECORDER'S USE ONLY
COVENANT
This Covenant is made and entered into thiseZCUday ofd, by and between the Costa
Mesa Sanitary District (hereinafter "District") and the City of Costa Mesa (hereinafter "City"),
with reference to the following facts:
District is the owner of property generally described as the District Yard at 174
West Wilson Street, Costa Mesa, and more specifically described in Exhibit A, attached hereto
and incorporated herein by this reference.
2. District constructed an above -ground fuel tank on said property after submitting
plans to City showing its location and believing it had approval to so construct the tank.
3. Sometime thereafter, the parties realized that the appropriate setbacks for the tank
had not been properly provided for and that the tank installed was properly characterized as a
tank with dispenser, necessitating a 15 -foot setback from any adjoining structure instead of the
7.5 feet the District originally believed.
4. District does therefore desire to create this covenant in favor of City and the
adjoining property owner by which District promises to remove the tank if the adjoining property
owner seeks to lawfully construct a structure near the property line which requires a 15 -foot
clearance from District's tank with dispenser.
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In consideration of the above, the parties agree as follows:
1. Should the adjoining property owner desire to build on its property and have a
legal right to do so but for District's fuel tank and dispenser being located too close to that
structure, upon reasonable notice District will cause the removal of its fuel tank and dispenser
within a reasonable time thereafter and not to exceed ninety (90) days.
parties.
2. A copy of this covenant shall be recorded by District after it is signed by the
3. The adjoining property owner is a third -party beneficiary of this covenant.
4. The parties agree that this covenant may be enforced by writ of mandate, specific
performance, declaratory relief or injunction. No right to money damages is created hereby, and
the parties agree that they will not sue for money damages and waive all rights to the same.
5. The prevailing party in any litigation necessary to enforce this covenant shall be
entitled to reasonable attorney fees and costs.
6. No party may waive or amend this agreement except in writing by a party with
the legal authority to sign the document.
7. By signing this agreement, each party so signing represents that this Covenant has
been duly approved by the party and warrants that the person signing has the authority to bind
the party.
Agreed to the date and year first above written.
COSTA MESA SANITARY DISTRICT
V_610
President
Secretary
CITY OF COSTA MESA
Mayor
ATTEST:
Ci_y Clerk
Approved as to Fo
Harper & Burns LLP
District Counsel
Approved as to Form:
City Attorney
EXHIBIT A
The land referred to in this report is situated in the County of Orange, State of California, and is described as follows:
The East 140 feet of the West 305.23 feet of the South 205 feet of Lot I of Tract No. 156, as shown on a Map thereof recorded in
book 11, page(s) 47, miscellaneous maps, Records of Orange County, California (as measured from the center lines of Wilson
Street and Fairview Road), excepting the North 45 feet thereof.