The URL can be used to link to this page

Home My WebLink AboutRecorded Doc 2015-037 2015-037 DOC # 2015-0182911 Recodng Requested 05/04/2015 02:32 PM Fees: $21.00 First By Page 1 of 3 National Commercial Services Recorded in Official Records County of Riverside Recording Requested By and Peter Aldana When Recorded Return To: Assessor, County Clerk&Recorder Ci�-j► (4e.1.00 Cs'r'pof'R+.n•, fg2� Avenida L o /0 (U tereto '"`This Bounty of was electronically rec y submitted f� / to the County of Riverside for recording*" e _eQ/ c/y,-/ C4 ?WY by: MCASTRO APN b87--S/O-C/L,e o 2Z (Space Above This Line For Recorder's Use) A/CS— 708269 COVENANT RUNNING WITH LAND This COVENANT RUNNING WITH LAND ("Covenant"), dated for reference purposes as of May `/ , 2015, is made by JOHN WESSMAN("Wessman"), in favor of CITY URBAN REVITALIZATION CORPORATION ("CURC"), a California non-profit corporation, with reference to the following: RECITALS A. Exchange Agreement. CURC and Wessman have executed an Exchange Agreement and Escrow Instructions dated December 23, 2014 ("Exchange Agreement"), and have opened an escrow ("Escrow") and executed instructions ("Escrow Instructions") to implement the Exchange Agreement. The Escrow is scheduled to close on May 4, 2015 ("Closing Date"). B. Parcel 15. Pursuant to the Exchange Agreement (and Escrow Instructions), Wessman will convey to CURC Parcel 15 ("Parcel 15") of Parcel Map No. 20742, as shown by Map on file in Book 134, of Maps, at pages 74-77, inclusive, of Parcel Maps, Records of Riverside County, California("Parcel Map 20742"). C. Lot C and Roadway Parcel. Parcel 15 fronts on State Highway 111 but primary vehicular access to it is provided by an adjacent roadway known as Lot C of Parcel Map 20742' ("Lot C"). Lot C connects (at its southerly terminus)to Parcel 6 of Parcel Map 20742 which is a private roadway owned by Wessman ("Roadway Parcel"). * Bock /3 51, Poe. 79-77 D. Recorded Declaration. Article 4 of that certain Declaration of Easements and Establishment of Covenants, Conditions and Restrictions recorded on June 20, 1988, in the Riverside County Official Records as Document No. 168593 ("Declaration") provides that Wessman is authorized to maintain the Roadway Parcel and assess the costs thereof among certain parcels within Parcel Map 20742, including Parcel 15. OPERATIVE PROVISIONS NOW, THEREFORE, WITH REFERENCE TO THE FOREGOING, AND FOR VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE ACKNOWLEDGED, WESSMAN AGREES AS FOLLOWS: C1002-008-1593103.1 Recording Requested By First American Title Company National Commercial Services Recording Requested By and When Recorded Return To: �.t C14 ael)ot-' �itvi 4/ zolec an gxG, esv enic(gi Li:- 6-u rcrecc Cal- Cdr / CI r, C4 CF2z3/ APN 6S> S70-ci 2 (Space Above This Line For Recorder's Use) ,vcs-- X ??t 9 COVENANT RUNNING WITH LAND This COVENANT RUNNING WITH LAND ("Covenant"), dated for reference purposes as of May f , 2015, is made by JOHN WESSMAN ("Wessman"), in favor of CITY URBAN REVITALIZATION CORPORATION ("CURC"), a California non-profit corporation, with reference to the following: RECITALS A. Exchange Agreement. CURC and Wessman have executed an Exchange Agreement and Escrow Instructions dated December 23, 2014 ("Exchange Agreement"), and have opened an escrow ("Escrow") and executed instructions ("Escrow Instructions") to implement the Exchange Agreement. The Escrow is scheduled to close on May 4, 2015 ("Closing Date"). B. Parcel 15. Pursuant to the Exchange Agreement (and Escrow Instructions), Wessman will convey to CURC Parcel 15 ("Parcel 15") of Parcel Map No. 20742, as shown by Map on file in Book 134, of Maps, at pages 74-77, inclusive, of Parcel Maps, Records of Riverside County, California("Parcel Map 20742"). C. Lot C and Roadway Parcel. Parcel 15 fronts on State Highway 111 but primary vehicular access to it is provided by an adjacent roadway known as Lot C of Parcel Map 207421V ("Lot C"). Lot C connects (at its southerly terminus) to Parcel 6 of Parcel Map 20742 which is a private roadway owned by Wessman("Roadway Parcel"). * Bock 13 y Pa/es -?7 D. Recorded Declaration. Article 4 of that certain Declaration of Easements and Establishment of Covenants, Conditions and Restrictions recorded on June 20, 1988, in the Riverside County Official Records as Document No. 168593 ("Declaration") provides that Wessman is authorized to maintain the Roadway Parcel and assess the costs thereof among certain parcels within Parcel Map 20742, including Parcel 15. OPERATIVE PROVISIONS NOW, THEREFORE, WITH REFERENCE TO THE FOREGOING, AND FOR VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE ACKNOWLEDGED, WESSMAN AGREES AS FOLLOWS: C1002-008--1593103.1 1. Payment and Indemnification. Wessman, as the owner and on behalf of himself and his successors in interest to all or any portion of Parcel 14 (collectively, "Indemnitors"), hereby agrees to and shall: (a) satisfy from their own funds all future charges, claims, assessments, liens, impositions, expenses and costs that may be assessed against Parcel 15 under Article 4 of the Declaration for the maintenance of the Roadway Parcel or under any other past, present, or future instrument or agreement purporting to impose an obligation upon the Indemnitees (defined below) for the maintenance, repair, or replacement of the Roadway Parcel, and (b)defend, indemnify and hold Parcel 15, CURC and its successors in interest to all or any portion of Parcel 15 (collectively, "Indemnitees") free and harmless from any and all actual or alleged claims, demands, lawsuits, etc., arising out of or relating to all future assessments or charges for maintenance of the Roadway Parcel. Such indemnity shall include the duty to defend the Indemnitees and to pay all reasonable costs and expenses incurred by the Indemnitees with regard to the enforcement or defense of the Indemnitees' rights under this Section 1, even if the claim, demand or lawsuit is ultimately decided in the Indemnitee's favor. 2. Running Covenants. The covenants and agreements set forth in Section 1 above are and shall be deemed to be and construed as enforceable and binding covenants running with the land pursuant to California Civil Code Section 1468, and such covenants shall burden Parcel 14 and the owners thereof and their successors in interest, and benefit Parcel 15 and the owners thereof and their successors in interest. The Indemnitor's financial obligations hereunder constitute a lien against Parcel 14 under Civil Code section 2881, with a lien priority as of the date of the recordation of this Covenant. 3. Recordation. This Covenant shall be recorded with the Official Records of Riverside County, California, at the Closing Date. IN WITNESS WHEREOF, Wessman hereby executes this Covenant and makes it effective upon recordation. JOHN WESSMAN _ /_ /John W• sman C1002-008--1593103.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF 9Z1 On 411 ,27, 20 16 before me, J.Q,a.vvitt L. 3411,4dogiti ■ 1 (insert name and title of the officer) personally appeared JDPiVl VveSSmar! who proved to me on the basis of satisfactory evidence to be the person(s) whose name() is/ar-e subscribed to the within instrument and acknowledged to me that heksheithey executed the same in his/her/their authorized capacity(<ies), and that by hisamaiwir signature() on the instrument the person(, or the entity upon behalf of which the person() 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. -. JEANETTE L. SANBORN M !rt Commission*2037158 / '' i Notary Public-California z Signature Seal) / .��f/.�...;/1 z V41 Riverside County Comm.Ex ices A 16.2017 C1002-008--1593103.1