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HomeMy WebLinkAboutD-2562 ~ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 99 211920'4 IFEE $ 5'-f, eP RR~ -DA. FEE Code 20 -,r ,- 2,00 COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, SOO PROPERTIES, 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 1108-1130 South Baldwin Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described in the attached Exhibit "A" and incorporated as part of this Covenant. ~ All of which is hereinafter referred to collectively as the "Affected Land" and is reflected in the attached (Exhibit "B") 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 Aftected Land shall be held and developed as one parcei 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, convey or 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 legai actions, Covenantors or their successors or assigns shall be liable for the reasonable attorneys' fees of Covena~tee. 1 ~ ~~ ~ll~~U'l 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, If any section, subsection, sentence, clause, phrase or portion of this Covenant and - Agreement is for any reason held to be invalirl or unccnstitution~J 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 .. 99 2119204 IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures, Dated: ~, 1999 -- ... APPROVED AS TO FORM: t!1~M(i/1J~ City Attorney "COVENANTORS" Soo Properties, LLC, a California Limited Liability Company tr s. eyO Title \ o "COVENANTEE" ~ William R. Kelly City Manager 3 ~' . /fyJ~tb/ ,} (~ 99 2119204 ./ LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCELl: THAT PORTION OF LOT 40 OF TRACT 3430, IN THE CITY OF ARCADIA, AS PER MAP RECORDED IN BOOK 42 PAGE 32 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 40 DISTANT EASTERLY THEREON 185,90 FEET FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF 50.62 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO NORMAN L. DAYLE AND WIFE, RECORDED IN BOOK 679 PAGE 96, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT 40 A DISTANCE OF 135 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE THEREOF, 5062 FEET; THENCE SOUTHERLY IN A DIRECT LINE 135 FEET TO THE POI:-.lT OF BEGINNING. EXCEPT THE INTEREST IN THE SOUTHERLY 12 FEET MEASURED AT RIGHT ANGLES OF SAID LAND CONVEYED TO THE CITY OF ARCADIA, FOR STREET PURPOSES BY DEED RECORDED AUGUST 27, 1959 IN BOOK 0585 PAGE 828, OFFICIAL RECORDS, PARCEL 2: THAT PORTION OF LOT 40 OF TRACT 3430, IN THE CITY OF ARCADIA, AS PER MAP RECORDED IN BOOK 42 PAGE 32 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING'AT"A POINT IN THE WESTERLY LINE OF THE EASTERLY 150 FEET OF SAID LOT, DISTANT NORTHERLY ALONG SAID WESTERLY LINE 135 FEET FROM THE SOUTHERLY LINE OF SAID LOT; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 50,62 FEET TO THE EASTERLY LINE OF THE AND DESCRIBED IN DEED RECORDED IN BOOK 13500 PAGE 79, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHERLY ALONG SAID EASTERLY LINE 15,12 FEET MORE OR LESS TO THE NORTHEASTERLY CORNER OF SAID LAST MENTIONED DEED, THENCE EASTERLY ALONG THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LAND 50,06 FEET MORE OR LESS TO THE WESTERLY LINE OF THE EASTERLY 150 FEET OF SAID LOT; THENCE SOUTHERLY ALONG SAID WESTERLY LINE 9.72 FEET TO THE POINT OF BEGINNING. z,. lo- PA"eI!L ~o THE SOUTH 40 FEET, MEASURED ALONG OR PARALLEL WITH THE WEST LINE, OF THE WEST 213,43 FEET, MEASURED ALONG OR PARALLEL WITH THE SOUTH LINE, OF LOT 39 OF TRACT 3430, IN THE CITY OF ARCADIA, AS PER MAP RECORDED IN BOOK 42 PAGE 32 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPT THEREFROM THE WESTERLY 2 FEET. PARCEL 4: THAT PORTION OF LOT 40 OF TRACT 3430, IN THE CITY OF ARCADIA, AS PER MAP RECORDED IN BOOK 42 PAGE 32 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 40; THENCE EASTERLY ALONG THE NORTH LINE THEREOF 215 82 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID LOT 40,63 FEET TO A POINT; THENCE WESTERLY IN A DIRECT LINE TO A POINT IN THE WESTERLy LINE THEREOF DISTANT SOUTHERLY FROM THE NORTHWEST CORNER THEREOF, 50 FEET, THENCE F-XHIBIT A 97 1512137 /' .' ~ ,.- ,I' ~~ ~l..l~~V"j NORTHERLY ALONG THE SAID WESTERLY LINE 50 FEET TO THE POINT OF BEGINNING. PARCEL 5: LOT 39 OF TRACT 3430, IN THE CITY OF ARCADIA, AS PER MAP RECORDED IN BOOK 42 PAGE 32 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPT THE SOUTH 40 FEET MEASURED ALONG OR PARALLEL WITH THE WEST LINE OF THE WEST 213.48 FEET, MEASURED ALONG OR PARALLEL WITH THE SOUTH LINE OF SAID LOT 39, EXCEPT THEREFROM THE WESTERLY 2 FEET. 1- PARCEL 6: THAT PORTION OF LOT 40 OF TRACT 3430, IN THE CITY OF ARCADIA, AS PER MAP RECORDED IN BOOK 42 PAGE 32 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SAID LAND, DISTANT THEREON SOUTH 3.43' WEST 50 FEET FROM THE NORTHWEST CORNER OF SAID LAND; THENCE NORTH 89. 39' 24" EAST ALONG THE SOUTH LINE OF THE LAND DESCRIBED IN THE DEED TO MARY GODBE, RECORDED IN BOOK 5141 PAGE 200, OFFICIAL RECORDS, 218,24 FEET, MORE OR LESS, TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO HERMAN L. BOYLE AND WIFE, RECORDED IN BOOK 679 PAGE 94, OFFICIAL RECORDS, THENCE ALONG SAID WESTERLY LINE SOUTH 55 FEET, MORE OR LESS, TO THE EAST PROLONGATION OF THE NORTH LINE OF THE LAND DESCRIBED IN THE DEED TO ROBERT C, TOUCHON AND WIFE, RECORDED IN BOOK 13608 PAGE 79, OFFICIAL RECORDS; - THENCE ALONG SAID PROLONGATION AND NORTH LINE OF SAID LAND AND PROLONGATION THEREOF, SOUTH 87" 07' 43" WEST 222,73 FEET, MORE OR LESS, TO THE WEST LINE OF SAID LOT 40; THENCE NORTHERLY ALONG SAID WEST LINE, 65 FEET, MORE OR LESS, TO THE POINT OF BEGINNING., . EXCEPT THE WESTERLY 15 FEET MEASURED AT RIGHT ANGLES TO THE WESTERLY LINE OF SAID LAND, AS GRANTED TO THE CITY OF ARCADIA FOR STREET PURPOSES BY DEED RECORDED AUGUST 6,1954 IN BOOK 45261 PAGE 372, OFFICIAL RECORDS, . ~ J::'4~~' 97 1512137 .~ :~r" :-;j: ~..I~~$" {;::'P ~ . ~~~:: --;:Jf'-' --.:,y:.:' - C-2 ---- 701) !.2.9& 14...... 16.14 1M,90 -- ~ - I~ 4 ~~:,,\~,., '1'; ~~~~ ~ t':.~~.e ~,,\,; 5 ::! ~ ...~ 0': ~'" .... 0;'- 2 ~~ AVE 8 o -=a 14 1,9' '\.. ;::.'" ()"! ~..,. \;to , f~ C-2 -~~ .."" ;:;'" '" q".1 ~ <( ~ ~ o -I <( m .,. ~"-..r ._-_......~--- . ~ - - .:J I . -- .-- -- - --- ~ . C-2 & H-4 }'27.~!. - -;... - - - C) @ . ;' 33;.38 ~ R-3 I ~4:' 6 'S 0 . - ARCADIA AVE .... '" 3n.~~ 1C:4.9B "'" ~~ 36 ., ... g~ ,;. - I:i ~ '. 4/ '5 "'...... "'':' 0- '" - - .".. '" <Il ,.... ,:. ~ (67!1) to '" ,.., DUARTE RD. '!XH~I8D1' ..~.. ~ : ~;>- .,,,-. 0" I I I 1 t=: l;t .n/.ri ~ct I I I I I (655) , 7'j.q~, C-2 & H-4 / 0' '" ." ,,; m .,. (6~; (6<1~)~) 1~(o.COi GI O. .lo' ,,),1\ ,,'s) t NORTH Scale: 1 inch = 200 feet , " " .' , . \~~-~ \~~ "~~\' ~. " ;;:'~~:::,~,-\- : ::.... - .-:;.....'.- .' . -' '.- . , -~- --- -, - - -- ~- p " -;.., --.'>, ',.:='r ~t ~-"'... .~~, -.;..~~:l~ -:~l~t~"_ ,.:;~~~~..( ':;.* t:-, ~"'1 't r~~' ,". 99 2119204 "I~.r I 1"11 7:i 1'1-.... 33 :f~J:: " .~ 1 ~ II _Ji. J~ . - ~cn "'-1 -::m g 1i"U r )> z 'TI o :JJ OJ )> r o :2: I ~ z{~ > )> < rn "U r ~)> <'> N ;' ;:)> )> I ...... \;.: ~~~~: .;.>L::i~~,;~;;:, . "'_0 . ~ ,... tJ ~ :;,: U'" .5. '" j" ,m '" r;:::"- J I " I I @ · NHHHHHM o ". i1i ~ rr; @ I en I 0 0 I ~ ~ ~ '"'0 p Ul JJ ffi I ~~~~~ "'ijl'" N i!; . n .,> 0 5~~ 0 ~Q~ ili 'r~~""C I _"lJo~ ::!~'" 0 "?;3;" m e('\ - m ~~ '" ~~~ " ~ ->ili::o - " I., 0. ~ " 0 ::::!:! g -I I QV1),J- mUlz 0 ~hm .. ~o zmm ." - '" nl~~ r "U< 0 sn I m> ~>rn Ul >Jz H Fnl~ c; r ,,~ 00 '.._' ~x <J> r DUARTE ROAD 0 ~~Ul of!! p!~~ c; ",m ~ m r~o ~ 0 -3- ~ " ; ">.--.,' '. , " .;;..>-'- ..iL. .. :'=;:'. "'.""'rr ..'!..'..... . ~",'i' ~.,;,,,. - ,\~~~~~-:. , '\'~';;'" ~ -;~.~~J;~;. :"1 , '. I ..:; -',-:: ::; ~""L:. ~ - . EXHIBIT "B" :",.:.>:;:,,;'..';-,,:""; ','.'~~'",,, _"'f~~ . . __ ,,.i;. _~:.:-_~_.:.-::,~:::t..;'.'~:::}'J:":.~-'~ '; I .~:~-,j.~'~'- ~::"'~~~fiJ:~~t~i~~~\i ." ,._>:~". ~ - ?-:X'[ .:,-~,~~q);.;y:~;;;::.~".. " ::;la~11 County of City of TalE"',. S 5 t ADlerlca~_~~~~I~f~ J On October 4. 1996eforeme, William Y. Wood. Soecial Notarv (PL96 ~ DATE NAME. TiTlE OF OFFICER. E G, "JANE DOE, NOTARY PUBLIC. personally appeared HONQ-MTNQ SOO --------- NAME(S) OF SIGNER(S) o personally known to me - OR -Iia proved to me on the basis of satisfactory evidence to be the person(s) whose namets) is/1lRi: subscnbed to the wlthm mstrument and ac- knowledged to me that helS!:le/tfley executed the same in his/he.r/t~ authorized capacity(~), and that by his/l'r9.ril'M.ir signatur~ on the instrument the person(sj. or the entity upon behalf of which the person(sl. acted, executed the instrument. William Y. Wood Special Not~ry (PL96-8) lIuly appoin'ted and qualified My commission expires:Februsry WI~f~~~~ llll, SIGNATURE O. NOTARY '-.. OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT CAPACITY CLAIMED BY SIGNER Though staMa 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) TIlLE(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(IES) NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here IS not required by law, n could prevent fraudulem reattachment of thIS form SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave. POBox 7184. Canoga Park, CA 91309--7184 99 2119204 99-2119204 . '\ ". r- RECORDED'FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA \ 8:04 AM NO'J 12 1999 "-- / , SPACE ABOVE THIS LINE RESERVED FORBscOBDER S USE --_....- ~._-- -------~------,. TITLE(S) .. 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 l EXAMINER S INT D Assessor s Identification Number (AIN) To Be Completed By Examiner Or Title Company In Black Ink Number of Parcels Shown ITIJ . . Revision Number