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Home My WebLink AboutBTDJM Phase II Associates, LLC - Costco Wholesale Corporation - 2011-10-21RECORDING REQUESTED BY FIRST AMERICAN TITLE COMPANY CO11 MMERC AU NDUSTRIAL DIVISION iz,C.�-LAb1 roUt-SC. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Huntington Beach Planning & Building Dep� This Document was electronically recorded by First American National Commercial Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 1111111111111111111I11111111111111111111111111111111111111111111127.00 2011000527958 03:46pm 10/21/11 66 422 C38 Al2 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 COVENANT AND AGREEMENT REGARDING MAINTENANCE OF OPEN SPACE (Parcel 1) The undersigned certifies that it is the owner of the property known as Parcel 1 of Lot Line Adjustment No. 10-006 recorded OCA-ober 2t, 201� , 2011, as Instrument No. ZoIlap®�52`1qr—) 1 of the official records in Orange County, California (the "Restricted Property"). In consideration of the issuance by the City of Huntington Beach ("City") of a building permit for the construction of a facility which is classified as an "unlimited area" building under applicable building codes (i.e., a building of the type designated V-B or III-B under the California Building Code or future equivalents) on the adjacent property identified as Parcel 2 of Lot Line Adjustment No. 10-006 (the "Benefitted Property"), the undersigned does hereby covenant and agree to and with the City and Costco Wholesale Corporation, a Washington corporation ("Costco"), pursuant to 2010 CBC Section 506.2.2 that it will not construct any improvements other than roads, curbs, gutters, catch basins, pedestals for meters for electrical service, cable television service and other utilities, sidewalks, walkways, bicycle lanes, bicycle racks, fixtures for street lighting, utilities, electrical transformer pads, trees, landscaping, planters, sprinklers and irrigation equipment, and benches on that portion of the Restricted Property which is described in Exhibit A attached hereto and shown on the Map attached hereto as Exhibit B (the "Restricted Area"), except as permitted by the Planning and Building Department for the City and Costco in writing, for the period provided below. Notwithstanding the foregoing, in the event that the City subsequently consents to the construction of other improvements with the Restricted Area by the undersigned, Costco shall not be entitled to disapprove the construction of such other improvements or to unreasonably delay its written approval of such other improvements so long as (i) the City has determined that the construction of such other improvements does not in any way limit the right of Costco to construct, maintain and, if necessary, reconstruct a facility which is classified as an "unlimited area" building under applicable building codes (i.e., a building of the type designated V-B or III-B under the California Building Code or future equivalents) on the Benefitted Property, and (ii) the construction of such other improvements by the undersigned within the Restricted Area does not jeopardize or materially increase the cost of property insurance carried by Costco on the Benefitted Property. This Covenant and Agreement shall be binding upon the undersigned and its successors and assigns and shall continue in effect for the benefit of the City until released by the Planning 1 1a-] 135066 Covenant & Agreement Re Maintenance (Parcel 1) BEC 100611 cln.doc and Building Department of the City following submittal of a request for such release by the undersigned, or its successor in interest, the payment of applicable fees, and evidence that this Covenant and Agreement is no longer required by law. A release by the City shall only release this Covenant and Agreement as to the City and not as to any other party expressly benefited hereby. This Covenant and Agreement shall be binding upon the undersigned and its successors and assigns and shall continue in effect for the benefit of Costco for as long as Costco or an affiliate of Costco is the lessee of the Benefited Property or, if Costco or an affiliate of Costco acquires fee title to the Benefitted Property, in perpetuity, until released by Costco, or its successors and assigns, following submittal of a request for such release by the undersigned, or its successor in interest. Nothing in this Covenant and Agreement shall modify, amend or alter the rights, privileges, obligations and restrictions of the parties hereto under the terms of that certain Amended and Restated Construction Operation Reciprocal Easement Agreement between Bella Terra Associates, LLC, a Delaware limited liability company, BTDJM Phase II Associates, LLC, a Delaware limited liability company, Bella Terra Villas LLC, a Delaware limited liability company, and Costco Wholesale Corporation, a Washington corporation dated October 12, 2011 and recorded on the same date as this Agreement in the Official Records of the County Recorder for Orange County, California. BTDJM Phase II Associates, a Delaware limited liability cd Date: C By: Name: Title: H.\Client Foldcrs\Costco (04210)Tella Term Lease (020)\Does\Covenant & Agr—nent Re Maintenance DAL 08181 Ldoc 2 la-1135066 Covenant & Agreement Re Maintenance (Parcel 1) BEC 100611 cln.doc STATE OF CALIFORNIA ) &4�eak)COUNTY OF ,4 IF ' On l� , 2011, before me, �.�, i ' , a Notary Public, pers nally appeared „ ^, who proved to me on the basis of satisfactory evidence to be the person whose name is/ subscribed to the within instrument and acknowledged to me that he/*/tley executed the same in his/l /thw authorized capacity), and that by his/�r/tlbir signature(:) on the instrument the person(, or the entity upon behalf of which the personoo acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and Official seal. (Seal) 3 Covenant & Agreement Re Maintenance (Parcel 1) BEC 100611 cln.doc 1a-1135066 GOVERNMENT CODE 27361.7 CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT. TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS' NAME OF NOTARY: Jim Heinrich COUNTY WHERE BOND IS FILED: Santa Barbara County DATE COMMISSION EXPIRES- December 29, 2011 COMMISSION NO.: 17,87264 MANUFACTURERSNENDOR NO.. NNA1 PLACE OF EXECUTION: SANTA ANA, CALIFORNIA DATE: October 20,12011.._, BY: � ` r 1 FIRST AMERICAN TITLE I U NCE-COMPANY . � r EXHIBIT A LEGAL DESCRIPTION OF RESTRICTED AREA In the City of Huntington Beach, County of Orange, State of California, being that portion of Parcel 1 of Lot Line Adjustment No. 10-006, recorded Q ,Aa)CUC,'- 7-1 , 20(1 as Instrument No. 201 kQ005Z-1 Ct6 1 of Official Records, in the office of the County Recorder of said county, described as follows: Beginning at the southeast corner of Parcel 2 of said Lot Line Adjustment; thence along the east line of said parcel NORTH 383.95 feet to the north line of said parcel; thence along said north line North 89°43'36" West 595.23 feet to the west line of said Parcel 1; thence along said west line North 0°16'24" East 50.71 feet; thence South 89°59'51" East 622.04 feet; thence South 0°00'06" West 437.69 feet to the south line of said parcel; thence along said south line North 89°32'06" West 27.05 feet to the Point of Beginning. i y.i Rory Ailli �stL.S. o.6654 Date: ( , "SWilliiams �p,ND s�gTFOF��Q- Revised: October 6, 2011 July 22, 2010 WO No. 3337-1X Page 1 of 1 H&A Legal No. 7589 By: R. Williams Checked By: L. Gaston POR. N 150' S. 1/2 SE 1/4 SEC. 14, T. 5 S., R. 11 W M.M. 51/13 /�,TWTW AREA 622.85 Z_ 278' 061 -i /60AJ� PARCEL 2 32.2' w LLA NO. 10-006 z ca z OR PARCEL I :q LLA NO. 10-006 V27 3 .9 2.2" co YARD AREA x CosTco z YARD AREA-,�� LL. 0 0 CosTco z GAS z 0i P/L 624.88, NOT PARALLEL LEGEND: PARCEL 5 rZ,r-7 YMD AW LLA NO. 10-006 Ra7MVW MFA FILE; F.\0448\Engineering\OA-Projact\Exh-misc\Exh-NoBuildEemt$\Exh-PorcalsA&B.dwg