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Home My WebLink AboutD-2558 99 170t\052 " RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W, Huntington Drive Arcadia, CA 91007 COVENANT AND AGREEMENT TO DEVELOP FEE $19 l:l OAF $2 AND HOLD PROPERTY AS Or-.'E PARCEL C-20 5 FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, WAKEN DEVELOPMENT, LLC, A California Limited Liability Company .. hereinafter referred to collectively as "Covenantor", hereby declares to be the owners of that certain real property located at 331-401 California Street in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: 331 California Street: The East 59 feet of Block 57 of Santa Anita Tract in the City of Arcadia, COL'nty of Los Angeles, St'ite of California, as per Map recorded in Book 34, Pages 41 and 42 of Maps, in the office of the C.ounty Recorder of said County , 40 I California Street: The Westerly 80 feet of Block 52 and the Westerly 80 feet of that portion of Block 53 lying Southerly of the right of way of the Atchison, Topeka and Santa Fe Railway Company 0 the Santa Anita Tract, in the City of Arcadia, in the County of Los Angeles, State of California, as per map recorded in Book 34, Page(s) 41 and 42 of Miscellaneous Records, in the office of the County Recorder of said County, described as follows: Said 80 feet being measured at right angles to the Westerly line of said blocks. Except therefrom that portion of said Block 53 lying Northerly of the Southerly Line of the land described in the Deed to the Atchison, Topeka and Santa Fe Railway Company, recorded on March 13, 1940 as Instrument No, 61, in Book 17319, Page 246 official records, 1 99 1704052 All of which is hereinafter referred to collectively as the "Affected Land" and is reflected in the attached (Exhibit "A") incorporated as part of the Covenant and Agreement hereby agree and covenant 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 La:ld shall be hcld and developed as one parcel and no portion thereof shall be voluntarily or involuntarily sold, conveyed or assigned separately or legally divided until released 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 effect and the Covenantee is hereby authorized to bring an action in a competent court to set aside and have declared null and void such attempted sale, conveyance or assignment. In the event of 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, --l'. 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 decisions shall not affect the validity of the remaining portions of this Covenant and Agreement. 2 l' 99 1704052 IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures, "COVENANTORS" Waken Development, LLC, a California Limited Liability Company , 1999 Dated: //lullcwc ~pG'l.. TItle "CITY OF ARCADIA, a Municipal Corporation , 1999 -~ Dated: g./p William R. Kelly City Manager APPROVED AS TO FORM: rr;,~ f IJJ~ Michael H. Miller City Attorney 3 Slate of ' ()-\ (IDII Nil...... } County of LD~ ~ ~8 On Qlt\lllM beforeme,_JU:=l,INA-r: ~\N116 ~~ ibtlru ~ NAME, TITLE OFOFFIC -EG,"J EOOE,NOTA. YPUBLIC. personally appeared !-1/I-lTlt1::w . ), \iJ ft~~ NAME(S) OF SIGNER(S) 8J;ersonally known to me . OR . 0 proved to me on the baSis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their slgnature(s) on the Instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the Instrument. 'ij- - ~"'-;.;,~..;.- -I _ Commission # 1156438 7 1 __.. Nota'( Public - CoIIfanic ; ! ;>: Los Angeles County r ~~ MyCcmm,ExplresSep222ClJi ~ ~ _ _ _ ~'_ _ _ _ _ _ _ L WITNESS my hand and official seal. J.ey~/, A-~:'/>/L , SIGNATURE OF QTARY - ""__ IIU""L. ~~\#llun- CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill In the data below, dOing so may prove Itlvaluable to persons relying on the document ~DIVIDUAL o CORPORATE OFFICER(S) Tm.E(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY,IN,FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER' SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(JES) OPTIONAL SECTION 'THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT 'THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here IS not reqUIred by law, .t could prevent fraudulent reattachment of thiS form SIGNER(S) OTHER THAN NAMED ABOVE ~ C1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., POBox 7184. Canoga ParK, CA 91309.7184 99 1704052 ( ~. 99 1704052. ~ M5 o ~.5 ~- ~ I W I I \ ::;: ~',90 __1'20 o (~27) ( I~O / CALIFORNIA STREET 7, '''''' 11,,0<<> 3 3 9, 97 (.320) (3io.J(3;l~ (,3.34) (11 0') (4/2 ) (-{./c.) (-fZZ,) (3 Z ') 02B '- ( ~ -, n ~\@ R-3~ . g <:'~ <:l "' 0 'r (\.'\ ,2 c '" 7~ 0 00 r-; /} -4L~ ~) 6 t- - ~ a:i~ \l c; > _C' tD u'0())~ 2'" ..:J 2 1-'i' :~ 00 ' M.8,1087-l/f/2 -+ ~"l . . , <( -;;f-a-- ;Z:u l) ~ a:iZt- (Condomi(}iumJ ' :) I- a:: 'i' ,00 '" <t; 1, : L, ~L>..J " ci 1-, Lot I , 75 p::.: I '" " ..:n nil Land Use and Zoning Map 331-401 CALIFORNIA STREET t NORTH TM 52874 Scale: 1 inch = 200 feet EXHIBIT" A" ';' . / 99-170l\052 RE~ORDEDIFILED IN OFOfFIC~lECOROS REC,qR"?~~ COUNTY LOi "'.......~.u~ CALlFunn.n 8:04 AM SEP 08 1999 SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE ~ TITLE(S) -1~vlnunJ a,hd fi!JV~on~+.-Jo !1VbLOf and. 41d '~ is oJar{u ~;Jtlun f)evJof}tn(fLlrLL~ ) ~31-L/(}/ (ukfrnt'q 7fvft,+- { .. u' FEE N/A N/A 0 20 9_ 19 04 19 CODE REC, . ....J'NO NO, PCOR .. 'D,A: ' SURVEY" , NOTIF'," INVOL' 'NON. FEE PAGES TITLES ' FEE MON LIEN CONF b EXAMINER S INT D Assessor s Identification Number (AIN) To Be Completed By Examiner Or Title Company In Black Ink Number of Parcels Shown ITD . . Revision Number