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HomeMy WebLinkAboutD-2796 D - 3-794 � This page e part a your document-oo NOT DISCARD 4.0 � IIIIVIIIOIbIIIIIIN�IIVVIIIIVItl Recorded/Filed in Official Records C41/F09.140' 11/16/11 AT 11:09AM nvilA fp"; 11,4 vid,q FEES: TAXES: 30.00 11111 I IllIll IIIl I lllHl lIII � IlIlll Il ll I VV 1111111 III lI II � h 1110 UI I I I II IInV� I101 2011111 0810011 0000 96 481 11101 IIM 1110 Hill II lIl I 110 11111 Ii 1111 SEQ: 01 DAR - Mail (Hard Copy) Ill II Hill Hil III 11111 liii liii 1101110011111001111111111 liii Ii 111101111101111 - 11111 pAIYIIVIS1111N911111111 THIS FORM IS NOT TO BE DUPLICATED 4. • RECORDING REQUESTED BY AND 1111612011 WHEN RECORDED MAIL TO: City Attorney 20111553611` City of Arcadia 240 W. Huntington Drive 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, ARCADIA CHRISTIAN REFORMED CHURCH, A RELIGIOUS CORPORATION hereinafter referred to collectively as "Covenantor", hereby declares itself to be the owner of that certain real property located at 1735 and 1741 S. Baldwin Avenue, 1731 S. Baldwin Avenue and 721 W. Lemon Avenue (APN # Nos. 5383-030-043, 5383-030-017 and 5383- 030-020) 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. 1 t .+ • 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" ("ARCADIA CHRISTIAN REFORMED SCHOOL") Donald Penman (Sig .t •uthori if, Agent) City Manager Dated: del /6 , 2011 Sia S " bevi a , Le&d_ P&S'�r"' Print Nan•ie and Title Dated: O c t-o b e w s 2 1) 1 1 APPROVED AS TO FORM: (')* (Signature of Authorized Agent `4&1"4"' Stephen P. Deitsch Print Name and Title City Attorney Dated: 2 'LEGAL OPTION FORTI-E PROPERTY OWNED BY"AR ADIA 011STIAN REFORM BD O-IUFCI-1' IN 11-EOTYOFAF�'.ADIA APN 53030-017, 5383.030-020&5383-030-043 The South 50 feet of the North 125 feet of the East 234 feet of Lot 8, Block G, Santa Anita Land Company Tract,as per map recorded in Book 6, Page 137 of Maps in the office of the county recorder of the County of Ws Angeles, date of California; Together with: The Easterly 60 feet of the Southwesterly 132 feet of the Northeasterly 366 feet of Lot 8, Bodo G, Santa Anita Land Cbmpanye Tract,as per map recorded in Book 6, Page 137 of Maps, in the office of the county recorder of the County of Los Angeles, state of California; Together with: The Northerly 50 feet of the Southerly 175 feet of the Easterly 234 feet of Lot 8, Bock G, Santa Anita Land Companys' Tract, as per map recorded in Book 6, Page 137 of Maps, in the office of the county recorder of the County of Los Angeles, state of California; Together with: The South 125 feet of the East 234 feet of Lot 8, Bock G, Ssnta Anita land Cornpanys? Tract, as per map recorded in Book 6, Page 137 of Maps in the office of the county recorder of the County of Los Angeles, state of California; - 4 Z ` '7 / 1 cke.i„‘, w No. 7203 2 Exp. 12/31/11i* EXHIBIT "A" ASSESSOR'S PARCEL NUMBERS: 5383-030-017, 5383-030-020 & 5383-030-043 OWNERSHIP PLAT mcD rc' JACK L ERGtSH PORTION OF LOT 8, BLOCK G 11677 VALLE E UNDO SANTA ANITA LAND COMPANYS' TRACT MB 6/137 �95M01 "j °� 3 CA' 92555 DATE: JULY 2011 SHT. 1 OF 2 ✓i I ' J MINED�-���- SHARON ROAD - - - - -I 72.00' ' •00' p g 234.00' II 14 234.00' D IR 1 K 234.0Cf 1 e. 72.00' $ I i 234.00' a _1, cl 8 12' I30' h 'p N I 132.00' 366.00' 234.00 ._ _ — LEMON AVENUE ' i")":".,-;(/1 / .,, x'.". SCALE: 1'=80' ,`` . ff No. 7203 0 11 I Exp. 12/31/ 160' 80' 0 80' 160' or CAI., ASSESSOR'S PARCEL NUMBERS: 5383-030-017, 5383-030-020 & 5383-030-043 OWNERSHIP PLAT BY; JACK L ERGISH PORTION OF LOT 8, BLOCK G 11677 VALLE UNDO SANTA ANITA LAND COMPANYS' TRACT MB 6/1370 3 CA. 92555 DATE: JULY 2011 1 SCALE: 1'-80' 1 1 SHT. 2 OF 2 EXHIBIT "B" , . . , . , 6 . , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 v �� v , r • • • ^a F Y •�v �•v .r ry ((`, >> State of California County of L43 c\ °)41._`th, �C* Ns I �,■l t t '1 X)01\ before me, Mn i,hG S«Y\t?ameand ?) On 6a% D� Here Insert Name and Title of the Officer tpersonally appeared .`- ‘8. Sit e�(j o{/Si ner( who proved to me on the basis of satisfactory t evidence to be the person(s) whose nameks) is/are ( subscribed to the within instrument and acknowledged to me that he/Ow/they executed the same in t t his/hegtleir authorized capacity(ks), and that by %: t his/h9.r/tlseir signature( .) on the instrument the ( MARINA SIMONIAN person(si, or the entity upon behalf of which the >> ( :,, 'ti` Commission#r 1932419 ersonN acted, executed the instrument. i ( 117 : �� Notary Public-California p >> z -> / Los Angeles County M Comm.Ex ices Ma 9,2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing t paragraph is true and correct. is WITNESS my hand and offici eal. t Signature: NNi 0,1• v\\ “"(\10V\\ck� Place Notary Seal Above Signature of Notary Public •: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document >> and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document >> • Title or Type of Document: _a. . •- ,(� cl�v‘t 3 ® Number of Pages: �� Document Date: l 1 C ,� ( Signer(s) Other Than Named Above: y� Capacity(ies) Claimed by Signer(s) >> Signer's Name: Signer's Name: ( ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ( RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT >> El Individual OF SIGNER OF SIGNER El Partner —II]Limited 1.]General Top of thumb here L]Partner — Li Limited Limited ❑General Top of thumb here ( ❑ Attorney in Fact ❑Attorney in Fact >> ❑ Trustee ❑Trustee ( ❑ Guardian or Conservator ❑Guardian or Conservator ( CI Other: ❑ Other: Signer Is Representing: Signer Is Representing: >> L.�,.�,.�,.�_• �..�..�..�..�..�.�..�..�.�..�..�..�.�..�..�.�..�.�..�..�..�..�..�..�,.�..�,.��.�.�.��.�..� •� ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907