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HomeMy WebLinkAboutD-2793 . ID - 2 7 3 ) - This page is part of your document - DO NOT DISCARD ��, 0;43 44,0 20110876030 PM r���, � 1111111 my/ f�,� I 1111 P 0006 1 " '� + Recorded /Filed in Official Records } ,, / Recorder's Office, Los Angeles County, • • California x %K at*" 06/28/11 AT 02:47PM { i ` FEES: 30.00 +� �1 1d e p�ic.r C 1L 4/4 1, TAXES: 0.00 o " OTHER: 0.00 PAID: 30.00 A A 1111111111111111111111111111111111111111111111 III III LEAD SHEET 1111 I 1 111 11 1 1 II 11 II 11 II 11 1 11 ill I Mil 2 01106280080085 00004330848 II IIIIll IIl IIIII 1 11111111111 003371017 SEQ: 01 DAR - Counter (Hard Copy) IIIllII 11 III 11 I 1111111 1 IlIl Il 11 III 11111 II Ill till 1 111111 111111 1111111 1 1111 - THIS FORM IS NOT TO BE DUPLICATED - E466571 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 0612812011 City Attorney 1111111111111 1111 1111 111 City of Arcadia 240 W. Huntington Drive *20110876030* Arcadia, CA 91007 COVENANT AND AGREEMENT TO HOLD THE AFFECTED PROPERTIES AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, SOO PROPERTIES, LLC, CALIFORNIA LIMITED LIABILITY COMPANY hereinafter referred to collectively as "Covenantor", hereby declares itself to be the owner of that certain real property located at 657 W. Duarte Road and 1104, 1108 and 1130 S. Baldwin Avenue (APN # Nos. 5778 - 007 -007, 5778 - 007 -016, 5778 - 007 -008) in the City of Arcadia, County of Los Angeles, State of California more particularly described in the attached Exhibits "A" (legal description) and "B" (lot merger) incorporated herein as part of this Covenant and Agreement ( "Affected Land "). Covenantor hereby agrees and covenants with the City of Arcadia, a Municipal Corporation (hereinafter referred to as the "Covenantee ") on behalf of and for the benefit of the Covenantee's land, which is the public street and right -of -way adjacent and contiguous to the Affected Land, and on behalf of and for the benefit of the "Benefitted Land" which consists of and includes all the public and private land located within 500 feet of the Affected Land, as follows: 1. The Affected Lots shall be held as one parcel and no portion thereof shall be voluntarily or involuntarily sold, conveyed or assigned separately or legally divided until this Covenant and Agreement is released in writing by the City of Arcadia. Any attempt to sell, convey or assign less than the entire Affected Land shall be a nullity and of no effect, and the Covenantee is hereby authorized to bring an action in a court of competent jurisdiction to set aside and have declared null and void any such attempted sale, conveyance or assignment. In the event of any and all such legal actions, Covenantors or their successors or assigns shall be liable for the reasonable attorneys' fees of Covenantee. 2. This Covenant and Agreement is for the benefit of the Covenantee and its heirs, successors and assigns and is for the benefit of and shall inure to the benefit of all the Benefitted Land and the heirs, successors and assigns of the owners of the Benefitted Land, and this Covenant and Agreement shall run with the land and shall be binding upon the heirs, successors and assigns of the Covenantors. 3. The City of Arcadia in its capacity as Covenantee and in its capacity as the legal representative of the residents of the City of Arcadia and more particularly as the legal representative of all the owners of the Benefitted Land is hereby authorized to enforce the provisions of this Covenant and Agreement. 4. If any section, subsection, sentence, clause, phrase or portion of this Covenant and Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Covenant and Agreement. IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown opposite their signatures. "COVENANTEE" "COVENANTOR" ( "SOO PROPERTIES, LLC ") Donald Penman (Sign ture o Au Agent) City Manager Dated: 4I� , 2011 M j K e 100 Print Name 6 r/.)-e, // Dated APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 2 . tfr 1 NEIN LEGAL DESCRIPTION PARCEL 1 LOT 39 AND LOT 40, TRACT 3430 PER MAP RECORDED IN BOOK 42, PAGE 32 OF MAPS, RECORDS OF LOS ANGELES COUNTY, STATE EXCEPTING THEREFROM THE EAST 75.00 FEET OF SAID LOT 40; ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 40 PER DEED RECORDED AUGUST 23, 2005,4S INSTRUMENT No. 05 2025459 RECORDS OF SAID COUNTY ALSO EXCEPT THEREFROM THE SOUTH 12.00 FEET OF LOT 40 PER DEED RECORDED AUGUST 27, 1959 IN BOOK 0585, PAGE 828, OFFICIAL RECORDS. ALSO EXCEPT THE NORTH 2.00 FEET OF THE SOUTH 14.00 OF A PORTION OF SAID LOT 40, THE SOUTHERLY LINE OF WHICH IS COINCIDENT WITH THE NORTHERLY LINE OF DEED RECORDED AUGUST 27, 1959 IN BOOK 0585, PAGE 828. OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THE WEST 15.00 FEET OF SAID LOT 40 PER DEED RECORDED AUGUST 6, 1954 IN BOOK 45251, PAGE 372, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE SOUTH 14.00 FEET OF THE WEST 75.00 FELT OF THE EAST 150.00 FEET OF SAID LOT 40; ALSO EXCEPT THEREFROM THE WEST 15.00 FEET OF THE NORTH 50.00 FEET OF SAID LOT 40; ALSO EXCEPT THEREFROM THE WEST 15.00 FEET OF SAID LOT 39; /� 3(0�AS9 i G��t!liJ� ti��o�� A A. ND O�ysoyF°� OHN 40AWS0NL.S.3547 l� EXPIRES 05 -30 -12 No. 3547 Exp. 6 -30-12 s�g7F OF CALZFcO \- 4 ti g EXHIBIT "A" E a' t LOT MERGER 1104 5. BALDWIN AVE, 657 W. DUARTE RD.. $ 665 W, DUARTE R17. ARCADIA, CALIFORNIA N 86'10'10" E 356.73' NORTH LINE LOT (--- 39 341.66' it) In M 45' _ w PARCEL 5 ° 0 0 2 39 ti g - � _ SC ALE 1 " =B0' Z 0 3.43 -- I V I I e o W l - - -r PARCEL 3 -..__ i _ t� i N66 'JO m 30 o 0 E 200. ' _- 75 Q I ° 1 B6'10' 101_ - -. 1 0 m ° - N 215.55' - 1 r-. of 0 I J 1 104 S. Baldwin Ave. m ti APN 5778 -007 -016 3 o I `" Q PARCEL 4 1 -.1 01 AI I iii NB9'39'24" 218.29' - w AI •° w 4 ° N J w _ � PARCEL 6 � I � o m o j i W om U v 1 22 _5Q.Q6 - I 3u o • W - N 7 . 0 7'43" E 157.67 / .1 0 E � 2 . 1 • N �Q o N 8 1 ° n of . o M . • 16 ao °1 of o o N 01 0• . ° I m 1 PARCEL 7 CZ; m t. --.1 Q I ^ W Lo I 43 1 t °a � ° Q ° �O I_ o 1 I1 o ° n 2 . 0 1 w lb • ° 12,“ o f • v of ° o I I -.� 0 ti "i W t ...1 I 50, 62 Q N c I LL L0T - 4 0 m ------ �50O — DUAoT ROPD EASEMENTS G/1- EASEMENTS PER PRELIMINARY TITLE REPORT PREPARED BY STEWART TITLE OF CALIOFORNIA DATED MARCH 10, 2009, o r © 1 N D S0 ORDER # 199090. 0 9G AN EASEMENT FOR POLES AND CONDUITS. RECORDED IN y 4IY ( n ` BOOK 48242 PAGE 99 OFFICIALS RECORDS ' O AFFECTS THE EASTERLY 3 FEET OF PARCEL 6 g AN EASEMENT FOR PUBLIC U TILITIES RECORDED ti 4. No. 3547 O9 SEMTEMBER 30, 1997 AS INST. NO. 97- 1512138 1 Exp. 6 - - OFFICIALS RECORDS LEGEND: YS \ AFFECTS A SOUTHEASTERLY PORTION OF PARCEL 5 •••-■ EXISTING LOT LINE TO REMAIN i J' J \' !, EASEMENTS PER PRELIMINARY TITLE REPORT PREPARED BY - - LOT LINE TO BE REMOVED 4 O CA I O Q� DROERE #U247600TITLE30F CALIOFORNIA DATED AUGUST 15. 2008. ti —E EASEMENT LINE �o 4 ® I �I AN EASEMENT FOR POLES AND CONDUITS RECORDED EASEMENT PER TITLE REPORT / O IN BOOK 34006 PAGE 204 OFFICIALS RECORDS. AFFECTS 4 THE WESTERLY 3 FEET OF PARCEL 7. BASIS OF BEARINGS AN EASEMENT FOR POLES. RECORDED IN BOOK 462423 THE BEARING SHOWN HEREON ARE BASED ONTNE BEARING PAGE 106 OFFICIALS RECORDS AFFECTS THE NORTHERLY N 81 '00'00" E OF THE CENTERLINE OF DUARTE RD AS Q 6 FEET OF THE WESTERLY 75 FEET OF THE EASTERLY SHOWN ON TRACT 3430 INTHE CITY OF ARCADIA PER MAP RECORDED IN BOOK 42 PAGE 32 OF MAPS. RECORDS OF LOS ANGLES COUNTY. 150 FEET OF PARCEL 7. EXHIBIT "B" 6 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 1 State of California County of j b Ptvtgde s .2-01.1 U � � 1 t ( �-,∎ ICU a t . Pickb e On ��� Date • , � before me, L Here Insert Name an (vo Title of the Officer personally appeared 1 k e v B y Name(s) of Signer(s) ( ___ _....._......._..__. _ ..._... -_ ...._ —... li who proved to me on the basis of satisfactory �r � Commission • 1lt s ILA LI 10 5r3.1D evidence to be the person( whose name(e) is /are- >> • S , Notary Mk -California subscribed to the within instrument and acknowledged `., / Loa Ostia Cololy to me that he /she/they- executed the same in me. Ca SStar t r his/Law/their authorized capacity(iea•), and that by his /ber /their 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 of . .I se.. _ / ! . , Signature: > _ / K � Place Notary Seal Above OPTIONAL s� I4 Though the information below is not required by law, it ma . ove valuable to persons relying on the document t, and could prevent fraudulent removal and rea achment of this form to another document. • Description of Attached Document Title or Type of Document: �� . Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) v� Signer's Name: Signer's Name: $) ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): R IGHT THUMBPRINT [7] Individual RIGHT THUMBPRINT iJ ❑ Individual OF SIGNER OF SIGNER ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Attorney in Fact >> ❑ Trustee ❑ Trustee El Guardian or Conservator El Guardian or Conservator yj C. ❑ Other: ❑ Other: >> Signer Is Representing: Signer Is Representing: Si g L �� •�, •� •�. �, •�, �,.�,.�, �. �. •�, •�, •�, �. � • • �. �. �. �. �. �. �. �. �. �, •� •� •�, •�, •� •�. •� Item #5907 © 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827)