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Home My WebLink AboutD-2559 " RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney - City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 99 1704053 " COVENANT AND AGREEMENT TO PROVIDE AND MAINTAIN SHARED PARKING SPACES. DA FEE Code 20 [fEE $ '26- Hl1 ! 2.00 This Covenant and Agreement is provided pursuant to Arcadia Municipal Code Section 9269.6, attached and incorporated as part of this Covenant as Exhibit "A", in order to assure that the use established by CUP 98-024 at 806 S, First Avenue as specifically described below meets City of Arcadia parking requirements. FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, ARCADIA PRESBYTERIAN CHURCH, INCORPORATED hereinafter referred to collectively, as "Covenantors" hereby declare to be the owners of that certain property located at_810 S. First Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described in the attached Exhibit "B" incorporated and made part of this Covenant. All of which is hereinafter referred to collectively as the "Affected Land" attached as Exhibit "C" and incorporated as part of the Covenll!1t 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 LU:ld" which consists of and includes all the public and private land located within 500 feet of the Affected Land and the property at 806 S. First Avenue, legally described as follows: Lots 38 and 39 of Block 62 of Part of the Arcadia Santa Anita Track, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 16. Page 58 of Miscellaneous Records, in the onice_ofthe County Recorder of said County, 1 EXCEPT therefrom the South 15 feet of said Lot 38, 99 1704053 .. ALSO EXCEPT the West 10 feet of said Lots 38 and 39 as conveyed to City of Arcadia, by Deed recorded June 29,1954, in Book 44941, Page 22, official records, I. That the Covenantor shall maintain the parking lot for the purpose of parking motor vehicles at their above described property for the benefit ofthe property at 806 S, First Avenue in Arcadia as follows: Arcadia Presbyterian Church, Incorporated, owners of property located at 810 S, First , Avenue in the City of Arcadia, subject to the terms and conditions set forth herein, covenant - imd convey to Ruey Pyng Shiau and Lu Ying Chang, (Temple Education Center Corporation (TECC)), the right to use part of the South parking lot near the corner of First Avenue and Alice Street so long as the use established by CUP 98-024 at 806 S, First Avenue continues. 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. This Covenant is also for the benefit of the use at 806 S. First Avenue as specifically described above by allowing the use at tIle facility to meet City Zoning requirements. Violation of this Covenant shall be proof that such zoning violations are not being complied with and the use at such premises shall not be a permitted use pending compliance with the parking requirements of the City of Arcadia. 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 ( 99 1704053 IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures, "COVENANTORS" "Arcadia Presbyterian Church, Inc, Dated: ~,t '?;~ f ,1999 ja.M~' ~ '2.<t1U Do ~&mlll. ' "COVENANTEE" Dated: ~ " , 1999 ~lA~, ~~'oM Ruey Pyng Sliiau x., Cj .1"" Dated: I"~ I ~ ,1999 06;~ Lu Ying Chang "City of Arcadia" Dated: M ,1999 ~ William R. Kelly City Manager APPROVED AS TO FORM: fr)tvU 1/ m$J Michael H, Miller City Attorney 3 ARCADIA MUNICIPAL CODE 99 1704053 " 9269.6. LOCATION. Required parking areas shall be located on the same lot or site, or on a lot or site contiguous thereto, or within one hundred fifty meter; (150 m.) = (495') of the building or land use which these facilities will serve. When required off- street parking spaces are provided on a separate lot from the main building or land use, there shall be recorded in the office of the County Recorder a covenant in the form approved by the City Attorney that such owner or owner; will con- tinue to maintain such parking space as long as said building or land use is maintained. EXHIBIT "A" 99 1704053 . Parcell: Lot 37 and the South 15 feet of Lot 38, in Block 62, of Arcadia Santa Anita Tract, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 16, Page 58 of Miscellaneous Records, in the office of the County Recorder of said County, EXCEPT the interest in the Westerly 10 feet thereof conveyed to the City of Arcadia for street and highway purposes, to be known as First Avenue, by deed recorded July 13, 1954, as Instrument No, 3069, in Book 40546, Page 404 of Official Records, Records of said County . Parcel 2: That portion of the North half of that certain alley adjoining said Lot 37 lying -between the Southerly prolongation of the Westerly line of said Lot and the Southerly prolongation of the Easterly line of said Lot. Said Alley was vacated by Ordinance No. 661 of the City of Arcadia, a certified copy thereof was recorded September 20, 1947, as Instrument No. 725 in Book 24958, Page 169 of Official Records, Records of said County. . , EXCEPT the interest in the Westerly 10 feet thereof conveyed to the City of Arcadia for street and highway purposes, to be known as First Avenue, by deed recorded July 13, 1954, as Instrument No, 3069, in Book 40546, Page 404 of Official Records, Records of said County. EXH I BIT "B" 99 1704053 Jt" < \ .\. ~ ARCADIA PRESBYTERIAN CHURCH 121 ALICE STREET. ARCADIA, CALIFORNIA 91000 . (618) 445-7470 . FAX (818) 445-6071 CITY OF ARCADIA PLANNING COMMISSION OCTOBER 7, 199B RE: LEASE OF PARKING LOT THIS IS TO ADVISE YOU THAT THE ARCADIA PRESBYTERIAN CHURCH AND RAE SHAIU, OWNER OF THE TEMPLE EDUCATION CENTER CORPORATION (TECC), HAVE ENTERED INTO AN AGREEMENT FOR TECC TO LEASE TWO CLASSROOMS AND PART OF THE SOUTH PARKING LOT NEXT TO THEIR NEWLY PURCHASED BUILDING ON THE CORNER OF FIRST AVENUE AND ALICE STREETS IN ARCADIA TECC HAS INFORMED US THAT THIS AGREEMENT WILL MOST LIKELY COMMENCE ON JANUARY 1, 1999 WHEN THEIR NEW BUILDING IS READY FOR OCCUPANCY, IF ANY FURTHER QUESTIONS ARISE PLEASE FEEL FREE TO CALL ME YOURS TRULY, ~~ GLENN W MOORE BUSINESS ADMINISTRATOR I I I I I I I I ! ,.,-,----,,-- J---C------~D-;-;;~S8-n;~~~~~~~H-- .. ALICE SI '\,,\",,~ '~,> "", \\,,," \'" ,-' '\ ',\ ''\,'' ,,," ' \' , ":\' ---"", ,"- ~,\ \~ \ \; .', ;"'- . \~ ARCADE ~RES8YTERi;\N CHURCH \.\ \, '::'. : , ~ '\ ,~ SOUTH PAll KING lOT 1.120 PARKING S?m~ I "0'''' I..... I', " " ( ,.... " ,\" ~., :'"'... ..--, u PROPOSED UNIT 805 hi AVE >= '" ~ :; EXHIBlf~:c~' -;-.; \\~~:- T.;--~- = - - -- . -- ,-- . ~. _I, . i, ,",)I'J, ".; , : :~,:.,~~' ;:'.-,',;,;"':':\~'--~: ',,' ( ,':, ., ..~ :: ", t,'. " - I 1'1 + personally appeared1l~M) "" ,I,(h\.s,,;;). 'Q,,~ 'Q. 51-.. i ~\l l\.l '<.'Ia., C~a.o" '" NAME( ) OF SIGHEA(S) '" ~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 subscnbed 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the j person(s) acted, executed the instrument. State of \ A\..\rbQ.o, ~ County of \.. O~ ~t;,GLC- So On~ before me, DATE @ Gl8'INW,MOOAI C\....,w.,.,' 11011'2 NaIlrt NlIc - (' - .~ ""~CluIIr Myec.rrn. __.uUlllD WITNESS my hand and official seal. ,~-~\~. SIGNATURE OF NOTARY THIS CERTIFICATE MUST BE ATTACHED TO : THE DOCUMENT DESCRIBED AT RIGHT' . Though the data requested here IS n01 required by law, _. It could prevent fraudulent reattachment of thIS fann - ur-llun"L ~1:""IIUn_ CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill In the data below, domg so may prove Invaluable to persons relYing on the document o INDIVIDUAL o CORPORATE OFFICER(S) TITLE(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 PERSQN{S) OR ENTITY{lES) OPTIONAL SECTlo.N TITLE OR TYPE OF DOCUMENT ~O\lQO;l"",," Ii. ~_.."" ~~ ~AllW: ,.."'" NUMBER OF PAGES It, DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE tVollllE!.. ~1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave.. POBox 7184. Canoga Park. CA 91309.7184 / 99 1704053 . '\ RECORDEDIFILED IN OFFICIAL RECORDS RECORDER'S OFFICE ~_, LOi ANQelES COUNlY lii'. CALIFORNIA 8:04 AM SEP 08 1999 ~ / SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE I ...~ TITLE(S) (OV.tfll!i1.J ant,{ -A,ileh1:mi -tD ,?/l.D\!,'de. and IYhun ~ --2btl(td PM!,,'., t"'-6 (&tlt/f'4 Pmh,+<rt4h CN.0J) oft 7. (7'('7+ flvehvtt ) .. FEE .. NlA ..,NlA ,0 20 9_ 19 04 19 CODE " , REC NO NO PCOR DA SURVEY NOTIF I INVOL NON FEE PAGES TITLES FEE MON LIEN CONF, '? EXAMINER S INT, D '- Assessor s Identification Number (AIN) To Be Completed By Examiner Or Title Company In Black Ink Number of Parcels Shown [I]:=J . . R8'YIslon Number )