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DD <br />DECLARATION OF COVENANTS, CONDITIONS AND REST D <br />PROVIDING FOR RECIPROCAL EASEMENTS, JOINT USE AND <br />MAINTENANCE FOR CORNERSTONE TRANSIT ORIENTED DEVELOPMENT, SAN <br />LEANDRO <br />THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS <br />PROVIDING FOR RECIPROCAL EASEMENTS, JOINT USE AND MAINTENANCE FOR <br />CORNERSTONE TRANSIT ORIENTED DEVELOPMENT, SAN LEANDRO (the <br />"Declaration") is made as of September_, 2014 (the "Effective Date"), by the San Francisco <br />Bay Area Rapid Transit Authority a rapid transit district established pursuant to California Public <br />Utilities Code Section 28500 et SeMc . ('BART" or the "Declarant"), with reference to the <br />following facts: <br />RECITALS <br />A. These Recitals refer to and utilize certain capitalized terms that are defined in <br />Article 1 of this Declaration. The Declarant intends to refer to those definitions in connection <br />with the use of capitalized terms in these Recitals. <br />B. The Declarant owns certain real property bordered by San Leandro Boulevard to <br />the west, West Juana Avenue to the south and Carpentier Street to the east in the City, as more <br />particularly described in Exhibit A attached hereto and incorporated herein (the "Pro e "), and <br />the Declarant has caused the subdivision of the Property into the Project and the Phase II Parcel <br />pursuant to the Map. The Map and this Declaration collectively delineate the Project and the <br />Phase II Parcel. The Project as set forth on the Map, and described in this Declaration, is <br />composed of the BART Parking Parcel, the Phase II Parking Parcel, and the Family Parcel. <br />C. Declarant has no current intention of developing the Project or the Property itself. <br />Concurrently with the Effective Date, BART will lease the BART Parking Parcel to the BART <br />Parking Parcel Lessee pursuant to the BART Parking Parcel Ground Lease for the development <br />of the BART Parking Development; will lease the Phase II Parking Parcel to the Phase II Parking <br />Parcel Lessee pursuant to the Phase II Parking Parcel Ground Lease for the development of <br />Phase II Parking Development; and will lease the Family Parcel to the Family Parcel Lessee <br />pursuant to Family Parcel Ground Lease for the development of Family Development, to allow <br />for separate ownership, financing, and development of the Lessee Parcels. Declarant intends to <br />retain fee ownership of the Phase II Parcel until it is separately developed. <br />D. Through the Map Declarant has granted certain access and parking easements to <br />the Lessee Parcels. <br />E. Through this Declaration, the Declarant is setting forth certain rights and <br />responsibilities pertaining to the easements granted through the Map and certain easements <br />granted through this Declaration, and to provide for the management, maintenance and operation <br />of the Parcels, and certain joint uses therein. Because of the physical proximity and interrelation <br />of the Parcels (they being a "vertical subdivision" each resting under, beside, or over the other), <br />the Declarant intends by this Declaration to impose upon the Parcels mutually beneficial <br />