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HomeMy WebLinkAboutD-2561 '\ 99 2026315 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY ATTORNEY CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 rEE $19 OAF $2 C-20 5 ~ COVENANT AND AGREEMENT FOR SHARED USE PARKING FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, HUNTINGTON NINE, L.L.C, hereinafter referred to as "Covenantor", hereby declares to be the owner of that certain real property located at 38 E, Huntington Drive in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lot 25, Block 73 of Arcadia Santa Anita Tract, in the City of Arcadia, County of Los Angeles, St,ate of California, as per map recorded in Book 15, Pages 89 and 90 of Miscellr.neous Recorcs, in the office of the County Recorder of said County.. EXCEPT the northerly 14 feet of said Lot 25, conv~yed to the City of Arcadia, by Deed recorded in Book 2498, Page 385 of official records for street purposes, - -. All of which is hereinafter referred to collectively as the "Affected Land" and is reflected in the attached map (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 99 2026315 I. That the Parking Lot on Affected Land shall be developed under shared-use parking standards (Arcadia Municipal Code Section 9264.3.4) requiring the parking to be operated on a non-exclusive basis, to be open and available to the public for shared-use short- term public parking during normal business hours, if and when either or both of the adjacent properties also participates in the Shared Parking provisions of the Central Business District (CBD) zone, 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 ofthe 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, 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. III III III 2 ::J::J ;!026315 J IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" "Huntington Nine, L.L. C Dated: Cf -30 , 1999 1{,~ (Signature) ILeN ~JAAS (Print Name) t'lI'lIJA'ItJc:, Mt;M&""R..... (Title) "COVENANTEE" lWilk!~ William R. Kelly City Manager ~--APPROVED AS TO FORM: 041 Jl)D- Michael H. Miller City Attorney 3 IIClnflnj 1-011 Dr. ~~ ~U~~~ln v 38 f. HunH,,~ton Dr. ~e,..,opf:l,.E" 0 FfIcf, ~ r<f,1A3l... l?>U:tl,.P:1fJl;- 41005fJ..F1. , a / / el EXHIBIT "An NO~1'H No €>C,Al-E PA~K1N 4- LOT ...,..., NVNVU.A,V STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) On this 30th day of September, 1999, before me, a Notary Public for the State of California, personally appeared KEN HAAS _~__ personally known to me OR proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the persons, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. . Q 8USANLC(';ifflERAS COMU. .1149760 _~.COIU'llRIlM LOt~ all CCUNIY "",Exp.qB,lIIlOI 4~~~~ Notary Public ~.. . ~~. " . / 99 2026315 , <:"" " . , ~ ':.: RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 8:04 AM OCT 28 1999 SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE .. TITLE(S) LLL ! 't FEE N/A N/A 0 20 9 - 19 04 19 CODE REC NO NO PCOR DA SURVEY NOTIF INVOL NON FEE PAGES TITLES FEE MON LIEN CONF (; EXAMINER S INT [] Assessor s Identification Number (AIN) To Be Completed By Exa.mlner Or Title Company In Black Ink Number of Parcels Shown ITD . . R8V1SlooNurnber