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<br /> - CITY CENTER Pi,AZA
<br /> I DECLARATION ESTABLISHING REC#PROCA#. .
<br /> EASEMENTS ANID
<br /> COVENANTS RUNNING.WITH THE LAND , '.
<br /> This Declaration Establishing Reciprocal Easements and Covenants Running with the Land ("REA") is , ; ,'• 1
<br /> entered Into as of June j 1996, by Mcies Court Associates, u California Limited Partnership and J.H.R. Trust, ;-
<br /> created by Trust Agreemcnl dated October 2, 1969. is amended (collectively "Declarant"),
<br /> . RECITALS
<br /> . •;•
<br /> •A, Declarant is the owner and developer of the land described in Exhibit A attached hereto, together
<br /> with all l,.pmvementc constructed thereon fmm time to time ("Property"). Declarant intends to construct on the •
<br /> Pmperty a multi-use development, consisting of RI units of affordable hauling. approximately 16,900 square feet .
<br /> of retail space, a 3,800 square foot cohorts( center and underground parking spaces for the residential space .r.
<br /> ("Project"). .
<br /> B. Declarant has caused the Properly to be subdivided into three parcels: (1) the two patrols on which to
<br /> the commercial portion of the Project will be constructed ("Commereial•Parcel") and (2) the parcel on which the Cr) .
<br /> residential portion of the Pmject will be constructed•("Residential Parcel"). These parcels me shown as Lots I. 2 C:i
<br /> and 3, respectively. on that certain parcel map entitled "Pereel-Me Nor- lat te,',_recorded in the Official •. •
<br /> Records of the County of San Mateo ("Official Records"). on 7u.,* 2'I , 1996, as Decumtnt-Ne. M of Act. i Z- bto .
<br /> Nos -It- ("M°p")• cpys' Ci4••-r CfY t.
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<br /> C, The Property has been subdivided to allow different parties to own the Parcels and to facilitate N : •
<br /> separate financing for the residential and commercial portions of the Project. , ,
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<br /> D. The covenants. operating tsstrietions and easements created hereby are intended to support the
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<br /> efficient use of the Property as a mixed-use Project and provide for the rights, duties and obligations incidental 4` •• ,
<br /> to or necessary for the use and enjoyment of cach Parcel in necordanee with the purpoies for which the
<br /> impmvetrierns thereon are constructed. The covenants herein created are intended to be'enforiccable as covenants - • .
<br /> running with the land pursuant to California Civil Code *1468. . -
<br /> • NOW. THEREFORE, Declarant'hereby creates and establishes easements.covenants and restrictions .
<br /> which shall run with the land and be binding upon and inure to the benefit of the Owners'of the Residential .-t,
<br /> Ptircei and Commercial Parcel and their respective successors and assigns as part of a coinmo*plan to regulate ,;.
<br /> and govern the use and occupancy of the Property and to enchance the value thereof. and for other beneficial ;
<br /> purposes. • : : '
<br /> . t , . "I. DEFINITIONS • • ; 1
<br /> 1.I Commercial Owner means J.H.R. Trust, created by Trust Agreement dated October 2; 1969, as . .•
<br /> amended, an intervivos trust of Hein Raiser and John Riascr. which intends to transfer its interest in the ' ;;
<br /> ' Commercial Parcel io Raiser Resources, 14C, a family corporation of the Raiser children, and its successors and . . •
<br /> assigns.
<br /> as
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<br /> 1.2 Common BuildintiCompnnent means any portion of the impmvements which provides support for
<br /> the Improvement located on two or more Parcels, or which is otherwise shored in common by the" Improvements - •
<br /> located on two or more Parcels. including without limitation. common walls at!d fences, footings. supports and .,
<br /> foundations. • . . .,,r
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