Loading...
HomeMy WebLinkAboutDeeds & Easements-3-1995E_CCv0001.pdf Recorded in Official Records, County of San Bernardino, Errol j. Mackzum, Recorder 37.00 Doc N . 19950081201 RECORDING REQUESTED BY A�NID 08 : 44am 03/ 17/95 WHEN RECORDED,RETURN TO: 005 2014267 02 04 City Clerk' s Office PG FEE APF GIMS I PH CPY ICRT CPY ADD NMI PEN PR PCOR City of Redlands "7 P. O. Box 3005 Redlands, CA 92373 5 6 NON STI LN I SVY CIT-CO TRANS TAX NO FEE CHRG EXAM DECLARATION ESTABLISHING EASEMENTS FOR JOINT USE OF DRIVEWAYS THIS DECLARATION ESTABLISHING EASEMENTS FOR JOINT USE OF DRIVEWAYS (Declaration) is made as of this 6th day of December 1994, by LEE, SOON JYE & YLIN SOON, ("Declarant"). -RECITALS- A. Declarant is the owner of those certain parcels of real property located generally at the southeast of the intersection of Redlands Boulevard and Clark Street, in the City of Redlands, County of San Bernardino, State of California, described as follows: BEING A PORTION OF Parcel 16 as per map recorded in Book 171, page 38 of Parcel Maps, in the office the Recorder of said County and State, on the third of August 1978, and a portion of Parcel 15 as per map recorded in Book 171, page 38 of Parcel Maps in the office of the Recorder of said County and State on August 3, 1978 ("Property"). B. Declarant desires to establish reciprocal easements for joint use of driveways between parcels No. 15 and 16 of Tract No. 4456. C. Declarant desires to subject each and every portion of the property to the rights and easements set forth herein in order that Declarant and each owner, tenant, subtenant, or other occupant of any of the Property, and their legal representatives, successors, and assigns, and all employees, invitees, customers, and patrons thereof, may use described portions of the Property for the ingress and egress of automobiles and other vehicles. 95-08121011 Page DECLARATION ESTABLISHING EASEMENTS FOR JOINT USE OF DRIVEWAYS NOW, THEREFORE; in consideration of the covenants and agreements contained herein: 1. Establishments of Easements. Declarant does hereby establish and grant a non-exclusive easement for one (1) common driveway, twenty seven feet in width, which is specifically illustrated on Exhibit "A" attached hereto and incorporated herein by reference. Declarant, for itself and its legal representatives, successors, heirs, and assigns for the Property declares that the reciprocal easement is for the purposes of ingress and egress and is non-exclusive and is intended to be for the use in common by Declarant and its legal representatives, its successors, and assigns, and all parties having or acquiring any rights, title, or easement and common driveway shall run with the property. 2. Use of Recip"op Access Easements, Common Driveway, The reciprocal access easement and common driveway described in Paragraph I above shall be used for ingress and egress of each and every owner of any portion of the Property, respectively, and their legal representatives, tenants, subtenants, suppliers, customers, patrons, employees, and invitees. 3. No Wall. Fences, or Barriers. No walls, fences, or other barriers shall be constructed, erected, or maintained on or across the reciprocal easement and common driveway described herein above, which would prevent or impair the free use or exercise of the ingress and egress and/or other easement rights referred to in this Declaration. It is specifically acknowledged that it is not the intention of this section to impede or prevent the installation of reasonable traffic controls as may be necessary to guide and control the orderly flow of traffic from the common driveway which may be installed and maintained so long as the common driveway is not closed or blocked, 95-081201 Page 3 DECLARATION ESTABLISI-IING EASEMENTS FOR JOINT USE OF DRIVEWAYS 4. Maintenance. The respective owners of Parcels No. 15 and 16 of Tract No. 4456 shall share equally in the cost of maintaining the common driveway shown on Exhibit "A" attached hereto. The common driveway shall be maintained in good condition and repair and the surface paving thereof shall be maintained in a smooth and evenly covered condition with the type of surfacing materials originally installed, or such substitutes as shall, in all respects, be equal in quality, use, and durability. Each owner shall maintain any traffic control devices, painting or striping, and the directional signs and markers installed or existing on its property, at its sole cost and expenses, repairing or replacing the same as necessary. Each owner of a parcel burdened by an easement hereby shall cause the same to be adequately insured against public liability of loss or property damage and shall pay all real property taxes attributable to such parcel. The parties, in good faith shall use their best efforts to agree mutually on the level of maintenance or the amount of any repair expenses. 5. General Provisions. (A) None of the terms or conditions hereof shall be deemed to create a partnership between or among the Declarant and any of its heirs, successors, or assigns, and any purchaser of either of the Parcels, nor shall such ten-ns or conditions cause them to be considered joint ventures or members of any joint enterprise. (B) All of the agreements, rights, covenants, and grants of easement contain herein shall be binding upon and shall inure to the benefit of Declarant, its heirs, successors, legal representatives, assigns, and all other persons acquiring any part or portion of the Property, whether by operation or law or in any manner whatsoever. (C) This Declaration shall continue for a period of fifty (50) years from the date hereof and may be canceled, changed, modified or amended in whole or in pail only by written and recorded agreement executed by all the record owners of property and City of Redlands. At the expiration of the term hereof, this Declaration shall be automatically renewed for successive ten (10) year periods unless terminated in writing by document duty executed and acknowledged by all owners of the Property, TTHS DECLARATIONS L NOT BE MODIFIED OR TER-NINATED UNRE-RANY TTEN CONSENT OE THE CITY OF REDLANDS. 95-081201 Page 4 DECLARATION ESTABLISHING EASEMENTS FOR JOINT USE OF DRIVEWAYS (D) In the event of a default or breach in the performance of any of the obligations or agreements hereunder, any owner, tenant, or mortgagee shall have the right, but not the obligation, to cure such default for the account of and at the expenses of the defaulting party, and the party curing such default shall have the right to recover from the defaulting party all costs and other sums expanded in connection therewith, together with interest thereon at the maximum legal rate. In the event of default in the performance of any maintenance obligation hereunder any other party or person benefited by this Declaration may cause the work to be performed upon the giving of twenty ('20) days written notice and the defaulting party shall reimburse the party performing such work for all costs reasonably incurred in connection therewith,together with interest on such costs from the date incurred until the date paid at the highest rate allowed by law. (E) Should any litigation or arbitration be commenced between the parties hereto or their representatives or shall any party institute any proceedings in a bankruptcy or similar court which has jurisdiction over any party hereto or any or all of his property or its property or assets, which litigation concerns any provisions of tl-ds Declaration, or the rights and duties of any persons or entity in relation thereto or to interpret any provision hereof, a party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its or their attorney's fees and court or other costs incurred in such litigation or arbitration, Page 5 DECLARATION ESTABLISIJINTG EASE NTS FOR JOINT USE OF DRIVEWAYS (F) In the event that any of the provisions, or portions therefore, of this Declaration are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. IN WITNESS WHEREOF, Declarant has executed this instrument to be effective on the date and year first above written. "Declarant" LEE, SOON JYE&YUN SOON Landlord By: STATE OF CALIFORNIA SS COUNTY OF SAN BERNARDINO * SEE ATTACHED ACKNOWLEDGMENT 95-081201 LIF RI41A LL-PURPOSE ACKNOWLEDGMENT No5907 State of California g County of Riverside On 9 MARCH 5995 before me, Renae Beerman, Notary Public DATE NAME.TITLE OF OFRCER-E.G.,'JIANR DOE,NOTARY PUBLIC" personally appeared soon Jye Lee � hsA:4$EtCj OF SiuNcRiSi Lj personally known to me - OR - NI proved to me on the basis of satisfactory evidence to be the person(o whose nam is/ subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/ tfte-r— authorized capacity , and that by hi eir c Rema marman signatur ) on the instrument the personH, 01oTu t � or the entity upon behalf of which the Of - a=v sjuT person(s) acted, executed the instrument. WITNESS my hand and official seal. t -. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL Declaration Establishing CORPORATE OFFICER Easements for Joint use of _ Driveways TITLE OR TYPE OF DOCUMENT TITLE(S) g ❑ PARTNER(S) L-i LIMITED I� GENERAL -5- ATTORNEY-IN-FACT 5- ATTORNE`(-IN-FACT NUMBER OF PAGES L_J TRU TE (S) u GUARDIAN/CONSERVATOR OTHER: - 5 MARCH 1995 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)Or!EN I FFY(IES, Vuln`�Sd_on-' ee __ _-- SIGNERS)C7TI-IEI�THAN NAMIc ABQVE 01993 NATIONAL NOTARY ASSOCIATION @13936 Remmet Ave..P.O.Box 7184$Canocia Park,CA 91309-7184 f f uC V { ff w.. tet+'^ �(� +tf t✓r � �°^,. 40f Coll —4 aAw 0 OOf 3 to r s � r f (D f ' t r (if vs Ito k i + 7 3 to 40 Q � , 4 to 11 Is sPA jai f I c " uar 13 6 14 171-38 N .If ♦✓ fi Jie s � r.rr �f : 1 fj "On Sub rrW Naar 44K M @.56!36 Par. AIWOW a fords Subs Na 2 M&1411 1-- _ k#" 7'roc!M-A 1-5/86 06 07 EXHIBIT "A"