Loading...
HomeMy WebLinkAboutD-1910 . ~ ~" ~ > . - ~<;Lf~-~~ " 3$0 ! .' . L~M456ti;c314 ....0 --/~f Ie) .' ;, .' , RECORDING REQUESTED BY: - - .--- - --- - WHEN RECORDED MAIL TO: RECORDED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY, CALIF. 41 ~~~t 1 P.M. DEG 311973 Registrar,f(2Loruer, 1- r Ci ty 0% Arcadia-- Attn: Christine Van Maanen P.' O. jlox,60 Arcadia, CA 91006 i , -, , -DECLARATION OF COVENANTS, CONDITIONS & (RESTRICTIONS, {Flit $6 iJ r' '{.. ;-.;. Ii / THIS DECLARATION is made on this ;;. 8!!r day of IJlL!.U~Wl bf'Y" , 1973, by MARY H. and DARRELL J. HOLMAN, here- after "Declarant," with-reference to the following facts: . " 1. . Declarant is the owner of that certain real property located in the City of Arcadia, County of Los Angeles, State of California"pescribed as follows: .,'Lots i'through 9 of"TraC't 'No. 8487 as per map recorded in Book 114, Page 48, of Maps, in the office of the County Recorder of sa~d county; Lots 12, 13, 14 and the northerly 68".74 feet o"f Lot'16'of Tract No. 4611 as per map ,recorded in Book 51, Page 82, of Maps, in the office of said recorder; and the easterly" 81 :,29 feet of Lot 4 of Tract No. 4090 as per map recorded in Book 43, Page 47, of Maps, in the office of said recorder. ;.. ~ . j ... ... . 2. Declarant has applied.'to'the City of,Arcadia for a permit for construction of a six-story medical building on said Property which is also the site of an existing mUlti-story medical building. The new building will have 5,992 square feet of enclosed,storage area. Declarant has applied to the City of Arcadia for a modification of the zoning regulations applicable to said Property whereby in lieu of parking as required by said regula- tions parking will be provided for both buildings in accordance with a plan marked "Parking Lot Plan 1" attached hereto and made a part hereof. REFERRED TO AS EXHIBIT "A" 3. The City ~~~l,R~ the City of Arcadia has approved said Parking Lot Plan l\~1f~~ert~~ conditions, one of which is that certain conditions be expressed in an appropriate declaration of c?venants, conditions and restrictions. NOW, THEREFORE, Declarant hereby declares that all of ,...said property is.held and shall be held, conveyed, hypothecated, encumbered, leased,-" rented'," used" occupied, and improved subject to the following covenants, conditions and restrictions, -all"'of.. which are hereby declared and established and agreed to be in furtherance of a general plan and scheme for the development and leasing of office space in said buildings and all of which are declared and established for the 'purpose~of benefiting the leased property and enhancing and protecting the value, desirability, and attractiveness of said Property and every part thereof, and particularly for the purpose of avoiding traffic congestion on said Property and on the adjacent streets of the City of Arcadia. ..' '. ~ " i -"r' l ~K~~S60pc3 Ij , ' , . e " " All 6f said covenants, conditions and restrictions shall run with the land and shall be:binding upon each successive ,owner having any right, title or interest,~n said Property or any, part thereof. Each of said covenants;, conditions and restrictions shall be deemed to be and shall be construed as equitable servitudes, enforceable by any lessee of said property or any part thereof, against any person bound thereby or subject'thereto, and also shall be so enforceable by the City 'of Arcadia and shall not be subject to amendment, modification or release except with the consent of the City of Arcadia. , ' I, I, '"\' : ' ~ Said covenants, 'condi tions <'and restrictions are as ~ ,'-.. follows: ,..1. The, storage, 'for storage only. sp'ace -qescribed . , , _, ': _ . - i ~'~ .~" JL . _ _" ' .. <"1' above shall be used '::I"" ~ 2. Parking spaces and vehicular access, hereafter referred to as the "parking facility," shall be installed and maintained in accordance with said Parking Lot Plan 1 and applicable regulations of the Arcadia Municipal Code, inClUding "hairpin" striping. ' 3. Parking spaces shall not be marked to indicate in any manner that a space is reserved nor shall, in fact, any space be reserved for any person or use, except for handicapped persons. 4. A parking attendant shall be on duty at all times during business hours and shall continuously monitor and control all vehicular traffic within the parking area shown on said plan for the purpose of fully and efficiently using the entire capacity of the parking facility and reducing congestion within the park- ing facility and on adjacent streets, and he may direct tenants and employees to park in specific areas. 5. The entire parking facility shall be equally available at all" times to ,tenants, including, their, ,business 'visitors -and guests, of 'both buildings, 'subject to the au'tho'rity' of 'the p'arking " , attendant to control traffic as set forth in Item "4," above. 6. At any time said Property is divided into two or more parcels under separate ownerships, Declarant or his successors at the time of any such division shall enter into an agreement with the new owner or owners which shall provide for reciprocal easements of access and use of the entire parking facility in accordance with Item "5," abov~. 7. Every agreement for the hiring of said Property or any part thereoft hereafter made shall contain the following language: "The real property arid the parking facility described in the Declaration of Covenants, Condi- tions and Restrictions recorded in Book Page ,(1) Official Records of the Los Angeles County Recorder, shall be maintained and be available to in accordance' with~the terms of said (lessee) Declaration. The owner and successive owners of said property are and shall be bound by the terms of said Declaration for the benefit of the property leased. The covenants of said Declaration are hereby incor- porated into and made a part of this lease." " (l)Set forth the recording data for this document executed by Dr. and Mrs. Holman. '-2- , p ~ '," ~. . '. < 'l8KM~5'~~OPC316_.J " o "' . , 8. In the event that a parking district is proposed which encompasses the above described property and provides for a parking facility within five hundred (500) feet of said property, no protest to the formation of said district shall be made on behalf of said property. ,This Declaration and 'the ,covenants, provisions and :restrictions contained herein shall'be and remain in full force and effect during such time that the two medical,buildings are maintained 9n said Property or until such time as parking is provided for both buildings in accordance with the requirements, of ,the Arcadia Municipal Code, as in effect at any particular point in time. " ~ " ,~The provisions hereof shall b~ deemed independent and 'severable and the invalidity or partial' invalidity,: or,unenf9rce- l ability of any of the' provisions hereof shall not aff~ct the ' validity of the,remaining provisions. No waiver of any breach of any of the covenants or ~ondi- tions of this Declaration shall constitute a waiver of any succeed- ing or preceding breach 'of the same, or any other covenant or condition contained herein. IN WITNESS ' WHEREOF"Declarant has executed this instrument. :', , ' , '.;: " P~~LPu~ '~: /L~ MARY H./HOLMAN , '~ ...-'" , ~ , . ,,' .-! ' ' . , , COUNTY OF CALIFORNIA.-, . -,), '.....'.,- 1 ) ss.' o sA h re ? S' ) , On J1t,'/I'm h~rJ2j /'173 < _ _~. II .. ,STATE OF before me, the undersigned, a Notary Public in and fo~ said State, personally appeared Darrell J. Holman and Mary H. Holman, known to me to be'the persons whose nameS subscribed to the within instrument and acknowledged that they executed the same. WITNESS my r Ilmrmnnnll'"UIlIlt'U"jllllllllllrmlUI~;;;I;;~~L SE;:--~ 9 HenlY H, Hege '>" a" , : .. NOTARY F"UBLlC - CALIFORNIA t E PRINCIPAL OFFICE IN E ~ ., ....' LOS ANGELES COUNTY ~ ! My Commission Expires October 16, 1977 ~ --"""""'''''''''''"'''''_"'""I","''''''"''"''III"'''''"''"l'I"'''nll''''''~ , " - -/ '.,' . " -3- r ,.' ,; .. . rL.. . , ~i .; I , ", ~ . ~ .. '" . EXHIBIT "A" ~~ ^ ,.!J'l~ ., f. ~ , " ~~a .I~' ~ ~i~; ~ ~ >- Il~-t Q r r- z: U ~ d -\'\IF -I r riJ L ~ ~ I.- gl. ..9," )> .,. fI.~ .1't ' ~ c... > "(~ 1;1 ...~~ ,. a }J cP ::J r ~t ,. · (\ 1" p a ~ - ~ r. ~ 0 .. .. - - (j) .. ... .... c .. ~ ;. . " ;. . , J> . . 7J ~ ~ -< ~ ~ o < If' r r J> < '" :0 o z: o 0 - B ~ '1DmTI1' , ,.:. ; . .'J : , t, '" ...'.. NA.O.....' :..... ~~ ,po.'; lS -.- J ." . .. -~:' v ti::: -0-: -1- - -- =c =lE =1= =E -+- --;- "0 " = '-911 ,,~ ~ ..4.! ~ -- ,.-:~ -0- ~ n~ )- c > I (lJ_i3 tlI-~ ,.- -\--r"- _n'O ~ ~ -,- . ",,' ',... -. ,... ~do "4.J, ',- - d- <= ?"'; -- ~ y~ ~ Z ~? ~g --..4 / "- ~ ;;-' -;- ", " <if '-;i:1 -<r .Q.: 0_ ~ 0- .- . . ~ ' BKM4S6Dpc317 AVE:, ~~ LA'. ~...._.n.. --- , - ~ -): -- _ __ 1. ----- _~~~~ ~--r- = -, - __ ~o -- ---- .; = ~ .. G.<;- -"5 .,' -0 -ll -; -~ -. ~ --,- -",." , -r n ,.oi Cl___~D tJ --~ ----- ov/>.I<'\" n Q 0,..0 n FLEMING .. & ASS ~. .::VIO" "",:u~~.IUCTu.~CIATES .... ..... .un '-'''''''' .....