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Home My WebLink AboutD-2635 , " \> ... This page is part of your document - DO NOT DISCARD 1- 03 3924386 ... ~ I I RECORDED";:ILED IN OFFICIAL REC~ RECORDER'S OFFICE:oRDSJ I ':'" LOSANGELESCOUNlY I ~ CALIFORNIA ,," 1:01 PM DEe 31 2003 _ _J 2-15' ,??u) ?tv e it LA e L.. L C. TITLE{S) : " A. FEE $22 w- - FEE O'T.TJ DAF $2 C-20 6 --- I CODE I , 20 I , - CODE I ~ 19 I. I I I~ODE I Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. ... ,--- --- I I I LJ Number of AIN's Shown ~ - [U~r--l-: _ ;- J--- T--1 L~ ~-L_J ~ _-1___~ ... THIS FORM NOT TO BE DUPLICATED ~-I-r--1 L_ ___L,J ... ,03 3924386 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: d- City Attorney City of Arcadia 240 W, Huntington DrIve Arcadia, CA 91007 COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL AND FOR ESTABLISHMENT OF A COMMUNITY DRIVEWAY FOR GOOD, VALUABLE AND ADEQUATE CONSIDERA nON, receipt of which is hereby acknowledged, 215 3rd Avenue, LLC a Limited Liability Company hereinafter referred to as "Covenantor": hereby declares to be the owner of certain real properties located at 2 I I and 2 I 5 S, Third Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly desCrIbed in the attached Exhibit "A" ("Affected Land") incorporated as part of this Covenant and Agreement.' " 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 ofthe 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 withm 500 feet of the Affected Land, as follows, I, The Affected Land shall be held and developed as one parcel ("Parcel") and no portlOn thereof shall be voluntarily or involuntarily sold, conveyed or assigned separately or shall be legally or otherwise divided unless and until released and approved in writing by the CIty of Arcadia, Any attempt to sell, conveyor assign less than the entire Parcel shall be a nullity and of no force or 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. 1 03:-3924386 J In the event of any such legal action, Covenantor or its successors or assigns shall be liable for the reasonable attorneys' fees of Covenantee, : 2, Covenantor as owner of the Affected Land hereby establishes for use for all owners and tenants of the Affected Land and their guests and invitees, a community driveway which shall generally be located on the Affected Land as shown on Exhibit "B", This Covenant shall be enforceable by the City, and shall not terminate or expire without the prior written approval and release by the City, 3, This Covenant and Agreement shall not be terminated or amended unless consent in writmg is first obtained from the City of Arcadia, 4. This Covenant and Agreement is for the benefit ofthe 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 Covenantor. 5, The City of Arcadia in its capacity as Covenantee and in its capacIty as the legal representative ofthe residents ofthe City of Arcadia and more particularly as the legal representative of all the owners ofthe Benefitted Land is hereby authorized to enforce the provisions of this Covenant and Agreement. 6, 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. [SIGNATURES ON NEXT PAGE] 2 4 IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" 215 3rd Avenue, LLC a Limited Liability Company Dated: i>t:c..> j , 2003 U..& /II/} 'fp-,R Title "COVENANTEE" City of Arcadia, a Mumcipal Corporation Dated: w,.t47 ,2003 ~ ~li{ WIlliam R, Kelly City Manager APPROVED AS TO FORM: ~ P lda:i;J{ StepHen p, Deitsch City Attorney 3 03:'3924386 , 5 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT before me, \-\0'-""''''' S'MO ,,; CJ.."'- NiillM and T1l1eol Olllcer ((I g, 'J.ne Doe, Notary PublicI ~~m~~(.) - ~personallY known to me D proved to me on the basIs of satisfactory eVidence State of California County of \\o.,JQ ~ .;13, ~OO-4 "'" L'\\.~ \.\\" ' J {l> On !>>~ personally appeared J----:!~~-l ' *11M Wornlllfl ~ e~ _."" .",.,~ ~_ NDayN*.a~ _ _ _ ~~~~~t } ss, to be the person(\) whose name(~) IsI~e subscribed to the within Instrument and acknowledged to me that he/s~!th~y executed the same in hls/h6r/th~" authorized capacity(le~, ana that by his/h~r/\he" slgnature(S) on the instrument the person(~), or the entity upon behaif of which the person{\i) acted, executed the Instrument ESS my hand ~,c,al seal , ~ ~ $lo;p1llurtolNotaryP'u Ie OPTIONAL Though the mfonnatlon below IS not required by law; rt may prove valuable to persons refymg on the document and could prevent fraudulent removsl and reattachment of thiS form to anorher document Descriplion of Attached Document Title or Type of Document: c::?D'/f "'P-"'-\- Document Date lJ~e""'~ ~~> Signer(s) Other Than Named Above, Capacity(ies) Claimed by Signer Signer's Name D Individual D Corporate Officer - Tille(s)' D Partner - 0 Limited D General D AttomeY-ln.Fact D Trustee D Guardian Or ConselVator D Other Signer Is Representtng: ().'I\.~. ~rPQ~Mj ,~ ~e, ")- 01\, .!l()/)3 Number of Pages, . Top or thumb here Prod No 5907 Rtordlr CIlIToIl-Free l-e00-878-6827 C 1999 National NotaryAeeoclatlon'9350 De SoIoA.ve , PO Box20402'Chlltsworth,C"91313-2402'_nll.\ionah:Jtary~ r '"..... 03:"-3924386 f EXHIBIT "j" ) That pCInlon of Bloek 58 of the Santa Anita Trac;1. In ths City at Arcadia, Countv <If Los Angeles. Stata of Celitornle, as per map recorded in book 34 page. 41 and 42 of mlscsftaneaus racords. In the offie. of tha Coumv Recordsr at said CountY, dssorlbed as follows: Commencing at the intersection of the waslerly line of Third Avenue as shown Dn said mep with lIClutherly line of the IlII'ld oescribed In deed to Wilmar Newhall et, u)\" recordad in book 6577 page 143, of Oeeds, records at-said County; thence southerly along sald westerly line \ \ 6,1 teet to the true point of beglnmng; thence northerly along said Thl,d Avenua 66,1 feet; thence wa$'terly perallel with said soutner1v line 200 tetlt, more or less to the easterly line of the land described In deed to Edd 1". Furgerson et ux. recorded in bDok 35836 paga 287 Official Records; of said County; thence southerly along seid easterly line and In southerly prolongation 6S,7 feet to a fine parallel with said southarly line which passes through the trUII point of beginning; thenee eastGrlv along said oerallelline 200 tnt, mora or lass to the tnJe polm of beginning, Parcel 2: That port!.:", of B10ek 58 of sama Anita Treet, in the City of Arcaoia, County of LO$ An\Jeles, State of California, as "ar map recortled In book 34 pages 41 and 42 of miscellaneous reeords. in the office of the CountY Recorder of said County, described as fDllaws: Beginning at the intersection of the e89t line at said Block with south line of the land described In deed to Wilmer NeWhall tit Ull , raeordad Juiy 21, 1917 in bQok 6577 pe\Je T 43, Df Deeds, Recorda of Aid County; tIIeneu westerly elong said south line 200 feet more or lese. to the east line of the lend described,in deee to Edd p, FU'l1erson et Ull" rlleorded Mereh 20, 1961 in bDDk 35835 page 281. Officiel Records of said County; thsnee soulherly along said "aet line 49,50 fllll'llo the true point of beginning; thence nsterly perllllel with s;lld BOU1:h line 30 feet; thence southerly parallel with said east Iina of the land of Ferguson, ,50 fa8t; thance westerly parelle' with said .outh lins 30 feet to uid lut Ill'll' of lend of I=urgerson: thence northerly along said east line .50 faat, Pircel3: The porllon Df alack 58 of the Santa Anita Tract, In the City of Arcadia, CountY of Los Angeles, Stats of California. as par map reeorded In bQok 34 page 41 and 42 of miscellaneous records, in the oHice of the County Reeorder of said CounTY. aeseribed as lollaws: Commencing at the IMUlrsection of the westerly 1/"., of the Third Avenue as Sho..,.,n on said map with tha sOUtherly line of thalend deserlbat! in the Deed to Wilmer Newhall, at Ull.. recorded on JUly 21, 1917 as instrument 1'10,25. in book 6577 pHge 143.01 OIleds, records of said countY, thenca southerly along said wastarly II"" 116,1 fset tD the true "Oint Df beginning; thence westerly parallel wIth said southerly IIna 200 feet mora or IElSS to the sU1erly line Df the land described in deed to James F, Tiernl!V and wlla, reeorded Oetober 1,1947 as Instrument 1'10,542. in book 24875 page 212. Official Records of ,aid County: thence southerly olong seid ustarlV line 66,7 feet tD the southerly II"" of the land dese'lbedin daad to Henry Warren and wife recordad on June 22,1921 as Instrument no, 8S, in book 400 pagl! 40. Official Racords Df said County; thence easterlv elong tha, southerly lone 200 feet more or less to said westerly line of Third Avenue; thence along said Avenue 66,1 toet to the true point of beginning, AsSllS90r', Parcal No: 5173-016-024& 5713-016-025 EXHIS8T "An I,' · I _ - ~""~ - _ I." \~ ~~~(j "I r-~ ,c- ~_. if ~ ~ ~ I hi:~~ "'>> ~ $I>:c:Q ~j <: 0:,,' ~~ _"_,>1"1 ['118. ~~~; -f m I ~ r--" I ~ill!l1:s; ~:z ~ q,,~ ~ h.. I. j f'l'l ("))10. sa ~-f ~~~~ '......-:- , ~1.~'_ ~ \ II [lJ :1!IIm: It~ ; "- "'J> I 1 [t"" ~, t. J I \ ~~~!11 o-f l I -;_ -ml,~";- II '':.- oj C)2~)a. ~< ~ l~ - r i: I 1Q _-' ~ /11.... - ~ i Cl "''''iii!''' 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