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HomeMy WebLinkAboutD-2742~- .., ~. - This page is part of your document - DO NOT DISCARD °~ 20072852745 oo;e~ Recorded/Filed in Official Records Fee: 24.00 I _ iRecorder's Office, Los Angeles County._~---- -~ -_-_ _ _ _ - California Tax: 0.00 __ _ _ - - -- - Other: 0.00 ~ "-~ 12/28/07 AT 08:OOAM Total: 24.00 Title Company ~ TITLE(S) : ~~7V~'ltryyt - f~ f~tr FLU ~~, ~u ~ Cam/' /' -1~/C+C 1 /~~'iyG~i II~III IIIIIIII IIIIII~II) VIII) I IIIIII II ~IIIIIIII L E A D S H E E T ~_, i _ .__ _ _ .: _ _ ___..~. I ~ ~ I ~ i -- ---'' ~ .. ; ~ - ~I ' ~I _ . _ ~__ _. _ 'I i Assessor's Identification Number (AIN) - -~ - To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown - ---~ - -•~ - - ~ _ - E,,,,., THIS FORM IS NOT TO BE DUPLICATED r - e . CH~ICA~~O TITLE-SUBD11lISIOPB RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 Fl-. _ __ wzeio~ IIIIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 20072852745 COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, ~ MEEKER FAMILY PARTNERS, LLP, a California Limited Partnership ~.I ~O hereinafter referred to collectively as "Covenantor",hereby declares to be the owner of that certain real property located at 140 E. Live Oak Avenue in the City of Arcadia, O County of Los Angeles, State of California, more particularly described as follows: t - Lots_8 thru 12 inclusive of Tract No. 13623, in the City of Arcadia, ~ County of Los Angeles, State of California, as per Map Recorded ~ in Book 278, Page 29 of Maps, in the Office of the County Recorder t~ of said County, together with the portion of Live Oak Avenue vacated ~ by Order No. 2558, recorded December 4, ] 947 in Book 25874 Page 237, of Official Records of said County, Title which would pass with a conveyance of said lots ("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 ~ 71 vo 27 2~ - k U1 ----- _ r. 3 1. Effective upon recordation of this Covenant in the Office of the Recorder for the County of Los Angeles, that certain Covenant and Agreement to Develop and Hold Property as One Parcel, recorded as Document No. 20070181432 on January 29, 2007 in the Recorder's Office, Los Angeles County, California is rescinded and shall be of no further force or effect. 2. The Affected Land shall be held and developed 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. 3. 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. 4. 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. 5. 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 decisions shall not affect the validity of the remaining portions of this Covenant and Agreement. __~ 2 IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Meeker Family Partners, LLP Dated: l2. 03 , 2007 Dated: u.~o , 2007 APPROVED AS TrO FO-RAM: . I ~~H° ~~.~(A.t,~ Stephen P. Deitsch City Attorney O ,~~ rv rn IU •~~a ~'~ ut 3 G.R. Meeker, ., a General Partner "COVENANTEE" "CITY OF ARCADIA," a Municipal Corporation William R. Kelly City Manager l , V The undersigned, being the Beneficiary of that certain Deed of Trust dated October 2, 2006, to secure Loan No. 27097 recorded on November 20, 2006 as Instrument No. 20062566984 in the official records of the office of the Los Angeles County Recorder, does hereby consent and agree to be bound by the foregoing "Covenant And Agreement To Develop Property As One Parcel." _ Citizens Business Bank A bank By: ~'1 :~ ~ tinny. h'la~i/{ ~~~~rv~ic Its: c ~~yy~ ~nr~ 1! l;Y1 1 1~~ VI CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT State of California l County of D~Q/Jge 1} On f c1.03 •?!_ Date personally appeared 8aalerwA`~"`t Commhsbn N 14)80.79 NMarY Publk - CaBfanw ~~ Cofnp _ BMD~.I~IM~28, C~personally known to me ^ (or proved to me on the basis of satisfactory evidence) to be the person( whose name(`sl is/are subscribed to the within instrument and acknowledged to me that he/sHe/tHep executed the same in his/herkheiF authorized capacity(i~s), and that by his/her/tMeir signature(`s~ on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seel Above Signature SlgraNm of Notary ublb OPTIONAL Though the information below is not required by few, it may prove valuable to persons relying on the document and could prevent fraudulent removal end reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signers Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner-^ Limited ^ General ^ Attorney in Fact ' •' ^ TfUSteB Top of thumb here ^ Guardian or Conservator ^ Other: Signer Is Representing: Number of Pages: Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signerls Representing: . _:. Top of thumb here O 2008 Natlonel Notary Aeaocietlon • 8350 De Soto Ave., PO. Box 2602 • Chatsworth, CA 81313-2x02 Item No. 5007 v60B Reortler Cell Toll-Free 1-800-878.689 __~,'. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of JAN ,~6Q,UF1R Diroo On hEC . ll, a06~ before me, C~p~Dlq L- f,~u000STitiE AJoTa2y pULi~IC, , Date Neme arM l'itle of Otflcer ~e.g., "Ja a Doe, Nolary P lic') personally appeared ~fi42/A GEiQ6H~ - Name(s) at SlgnerlsJ ,personally known to me ~`~ctAttou ~. Rttoasfxa: 7 cammwron ~r t~ofvae Notary IPr:blro • Calltornla ~. San Eernardino County Cornn. IYeeNovE,20c0 Place Notary Seal Above ^ (or proved to me on the basis of satisfactory evidence) to be the person(a~ whose name(s)'ISlare subscribed to the within instrument and acknowledged tc me that b~ishe/tgey executed the same in hie/herQhefr authorized capacity(ies), and that by tais/her/tbeir signaturefs)'on the instrument the person(a), or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and official seal. ~~i/it ~ccE df (.LGC~cc.d/~iKV~ Signature Mary Public OPTIONAL Though the in/ormation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment o! this /orm to another document. - Description of Attacl ~.. -.Title or Type of Documei _. Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General _ ^ Partner - ^ Limited ^ General _ ^ Attorney in Fact ' ^ Attorney in Fact ' Top of thumb here Tap of thumb here ^ Trustee ^ Trustee ~ ^ Guardian or Conservator ^ Guardian or Conservator ^ Other:. ^ Other: `J . _ : >, _ Sgnerls Representing: Signerls Representing:- i'+J ®2006 National Notary Association • 9350 De Solo Ave., P.O. Boa 24D2 • Chatsworth, CA 91313-2402 Item No. 590] ReoMer: Call Toll-Free 1-800-8]6-682] v~ -. p4+~ 1~1