Covenant - Staples - 241 E. 17th - 2002-03-06 4
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY
Recorded in Official Records, County of Orange
Darlene Bloom, Interim Clerk-Recorder
AND WHEN RECORDED \IL TO' IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiiIIIVL'NO FEE
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DN\ THIS SPACE FOR RECORD,ER'S USE ONLY
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording lee applies)
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COVENANT AND AGREEMENT
This Covenapt and Agreement is made and entered into on the Ca r day of
_ /J/J / 200 between 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 seq. (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 hne 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:
AGREEMENT
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.
3 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 SANI ARY DISTRICT
CAL
President
Secretary
OWNER
ri- Gfr_t_, 2 ;a L M 17=0 L. "550 L"17 (e.
By 6;\ ht�'\ �•
Title: ITT 1.
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 Al
LOTS I, 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 CITI 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 50°00'
EAST 23.84 FEET THENCE SOUTH 49°24' 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 40°00' 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 CEN IERLINE 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. 69-4 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
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IA x, JOAN REVAK
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OPTIONAL
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fifi Description of Attached Document ^ y n
Title or Type of Document: C !.�}
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Description of Attache: Document s
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4 Document Date: Number of Pages: 01
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LESSEE
Staples, Inc., �
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By /
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and
Carl L Robertson
State of California
County of San Bernardino
Subscribed and sworn
(or Affirmed)to before me this ACM NDRO
6/1-4 day of -- .J' t " c NOiCAPO"M PUMI1t1C 1 1C8R3,3IF5O9 R N
g
RIVERSIDE COUNTY CO
k4a My Comm.Expires Jun.10,21X12
tea of Notary Public
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