Covenant - Staples - 241 E. 17th - 2002-03-06i
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TITLE OF DOCUMENT / / 0
Recorded in Official Records, County of Orange
Darlene Bloom, Interim Clerk -Recorder
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M 059 -TITLE PAGE (R7/95)
COVENANT AND AGREEMENT
This Covenvt and Agreement is made and entered into on the lam— day of
A��,�_ 2007letween Burnham USA, a corporation (hereinafter "Owner"),
Staples, Inc. a corporation (hereinafter 'Lessee") and the Costa Mesa Sanitary District, a
sanitary district established pursuant to the provisions of Health and Safety Code Section
6400 et sec. (hereinafter 'District"), who collectively may be hereinafter referred to as
the 'Parties'
Recitals
1 Owner is the owner of certain real property commonly known as 241 E.
17th Street, Costa Mesa, and legally described in Exhibit A located within the District
boundaries and subject to District jurisdiction with respect to issuance of sewer permits.
2. Lessee has constructed improvements consisting of a truck ramp and
loading dock (hereinafter 'Subject Improvements") over District's sewer easement and
sewer line as is more specifically set forth in Exhibit "B'
3 The construction of the Subject Improvements may interfere with
District's easement rights pertaining to a sewer line.
4 The District is concerned that the Subject Improvements which have been
constructed within and over a District sewer line easement may cause the District
increased maintenance and repair costs. The District requires that the Owner and any
future owner guarantee that the Subject Improvements will not prevent necessary work
from being performed on said sewer line in the future and that District will not suffer
increased costs in repairing or maintaining that line.
Now therefore, the parties agree as follows:
ACREEMENT
1 Owner and Lessee, as well as its successors -in -interest thereafter, agree to
be responsible, for as long as they shall be the owners or lessees, respectively of said
property for effecting any necessary repairs or maintenance to the sewer line running
beneath the Subject Improvements and within the District easement, including any
excavation necessary to access said line, and to record this Covenant and Agreement
against said property to run with the land and bind any and all future owners. Said
obligation shall run in favor of all property that would be affected by the need for such
repairs or maintenance to said sewer line, and those properties shall be third party
beneficiaries of this Covenant and Agreement. District may agree to perform said
maintenance and repair at Owner's, Lessee's or successors -in -interest cost.
2. The Owners and Lessee and successors in interest shall indemnify defend
and hold the District harmless from any claims, damages, actions, and liabilities which
might arise from any breach by the owner or lessee of its covenant for maintenance and
repair of said sewer line lying directly beneath the Subject Improvements and within the
District easement as set forth herein. This indemnification obligation includes but is not
limited to claims, damages, actions and liabilities arising from settlement, stoppages and
leaks, but only if caused by the area depicted in the Subject Improvements as shown in
Exhibit B.
This Covenant and Agreement shall be binding on successors in interest.
4 Should litigation be necessary to enforce the obligations set forth in this
Covenant and Agreement, the prevailing party shall be entitled to reasonable attorneys
fees.
Wherefore, the Parties execute this Agreement effective as of date first written above.
COSTA MESA SANITARY DISTRICT
Pres.aefit
U W IN me
L M Z/J L rRfi [ n7 fie.
By n I
Title: zirrT
2
EXHIBIT "A"
LEGAL DESCRIPTION
DESCRIPTION 241 E 17TH ST COSTA MESA
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF
COSTA MESA, AND IS DESCRIBED AS FOLLOWS
PARCEL A 1
LOTS 1, 2, 3 AND 4 OF TRACT NO 590, AS PER MAP RECORDED IN BOOK 31 PAGE 36 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL A2:
THAT PORTION OF WESTMINSTER AVENUE ADJOINING LOT 1 OF TRACT NO. 590, ON THE
SOUTHEAST VACATED BY RESOLUTION OF THE CIT1 COUNCIL OF THE CiiY OF COSTA MESA, A
CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 3, 1958 IN BOOK 4503, PAGE 80 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS.
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 1 THENCE ALONG THE
SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 1 SOUTH 50000'
EAST 23.84 FEET THENCE SOUTH 49024' WEST 126.85 FEET TO THE SOUTHEASTERLY
PROLONGATION OF THE SOUTHWESTERLY LINE OF LOT 1, THENCE ALONG SAID PROLONGATION
NORTH 50°00' WEST 3.12 FEET TO THE MOST SOUTHERLY CORNER OF LOT I THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 1, NORTH 40000' EAST 125.15 FEET TO THE POINT OF
BEGINNING.
PARCEL A3
LOT 83 OF NEWPORT HEIGHTS, AS PER MAP RECORDED IN BOOK 4, PAGE 83 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
EXCEPT THE NORTHWESTERLY 460.00 FEET MEASURED FROM THE CENTER LINE OF SAID ORANGE
AVENUE.
PARCEL A5
THAT PORTION OF SPARKES STREET AS SHOWN ON A MAP OF TRACT NO. 590, RECORDED IN BOOK
31, PAGE 36 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, LYING
SOUTHEASTERLY OF A LINE PARALLEL WITH AND 460.00 FEET SOUTHEASTERLY MEASURED
ALONG THE NORTHEASTERLY LINE OF LOT 73 FROM THE CENTERLINE OF ORANGE AVENUE 60.00
FEET WIDE, BOTH AS SHOWN ON A MAP OF NEWPORT HEIGHTS RECORDED IN BOOK 4, PAGE 83 OF
SAID MISCELLANEOUS MAPS, VACATED BY RESOLUTION NO. 694 OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, A CERTIFIED COPY OF WHICH WAS RECORDED APRIL 9 1969 IN BOOK 8923,
PAGE 215 AND RE-RECORDED APRIL 18, 1969 IN BOOK 8932, PAGE 243, BOTH OF OFFICIAL RECORDS
OF SAID ORANGE COUNTY
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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County of �y' � KL.ILA, I
On
Dale
personally appeared
Iry personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person�}s whose namer* is/are
subscribed to the within instrument and
acknowledged to me that he/she/ _y1executed
the same in his/her/&_i authorized
capacity gs , and that by his/her/ eir
signatureoon the instrument the person(p, or
the entity upon behalf of which the person(EP
acted, executed the instrument.
WITNESS my hand and official seal.
Qn
Ple We, Seal Abov S,gnalu a of Notary Peek
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document C dD►e� %�fl�n.
Title or Type of Document: {��^' � � / �t ,`
Document Date, l' " """" — W f O-0 6 X Number of Pages Y
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name iiv'�'�i+u_ 2,perir\t cid j4i-IeA� �7 c.�rA%-✓
❑ Individual/ Top of ml �b he
[I Corporate Officer—Title(s): See re. ry &nd C n
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❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other CC�
Signer Is Representing: t'64 .-e(Ai4;1 rly PoIrtc'i
®1999 Nalwnal No w AaewieWn • 9350 Do So o Av PO Box 2402 • Cha smM, CA 91313-2402 • verve neamaln aryo Prod No 5907 Reorde Call Toll FF 1 B0o-9]64592]
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
�ss.
On" IV .?uo Lbefore me, i i«JAG/7�
Date Name Title of Ofhc (e g "Ja Do Notary Public")
personally appeared �07J— .7l FrP ^JI 1A�1
Pla Notary Seal Abov
ersonally known to me
❑ 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
signatures) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
my hand and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document
and cotildprevent fraudulent removal and reattachment of this form to another document.
Description of Attachie
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer Is Representing:
Number of Pages:
0 1997 Natio at Notary Assaaaoc 9350 De Soto Av PO Be 2402 Chatsworth, CA 91313-2402 Prod No 5907 Re We Call Toll -Fr 1 -BOD -876-6827
JANET FRIEDRICH ;
U•
COMM. A 1180121
Q v
NOTARY PUBLIC-CALIFORNIAD
i
ORANGE COUNTY n
COMM. EXP APRIL 29, 2002
Pla Notary Seal Abov
ersonally known to me
❑ 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
signatures) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
my hand and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document
and cotildprevent fraudulent removal and reattachment of this form to another document.
Description of Attachie
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer Is Representing:
Number of Pages:
0 1997 Natio at Notary Assaaaoc 9350 De Soto Av PO Be 2402 Chatsworth, CA 91313-2402 Prod No 5907 Re We Call Toll -Fr 1 -BOD -876-6827
LESSEE
Staples, Inc. _
By /
Title:
1
State of California
County of San Bernardino
Carl L Robertson
Subscribed and sworn
(or Affirmed) to before me this
�� day o4 /'
c re f Notary Publie C
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COMM. !11183359 d
"� NOiAP,"PUSUC CR,IFORN!A
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My Comm. E'phos Jun. 10, 2x12
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