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HomeMy WebLinkAboutD-2596 11111111111111'1111111111111111111111111111111'1111111111111 LEAD SHEET - I I l 02 0943332 : . I -- -- ~~----- -----~----- -----------~ , , . I , , . ;i.r'...;1 RECORDEDIFILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY . "1 CALIFORNIA 1:01 PM APR 23 2002 SPACE ABOVE THIS LINE FOR RECORDERS USE . Assessor's Identification Number (AIN) To Be Completed By Examiner OR Title Company In Black Ink . ,#te~ I j I , I I l. _____J Number of Parcels Shown ITII=r=Ll-_rrmJ . ITIl THIS FORM IS NOT TO BE DUPLICATED ~ . ~ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 , 02 0943332 COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, ECOM INVESTMENTS, INC., a California Corporation hereinafter referred to collectively as "Covenantor", hereby declares to be the owner of certain real properties located at 1112-1116 Golden West A venue in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: PARCEL I: The North 50 feet ofthe South 100 feet of Lot 113, of Tract No. 2731, as per map recorded in Book 33, Page 29 of Maps In the office of the County Recorder of said County. PARCEL 2: The South 50 feet of Lot 113, of Tract No. 2731, as per map recorded in Book 33, Page 29 of Maps in the office of the County Recorder of said County ("AFFECTED LAND"). 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 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 02 0943332 ~ 1. The Affected Land shall be held 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 its 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, successors and assigns of the Covenantor. 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. [SIGNATURES ON NEXT PAGE] 2 '( 02 0943332 IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" ECOM Investments, Inc. a California Corporation ~ '(He KHM?:l: N As~t: IfRfS~{)fNr [print name and title] ~ Dated: :1-<9---<:( - ,2002 Dated: f - 2-7 ' 2002 .iJ~~- ~ 19natu . lz:-i\! 1 r1\J S/-IfN I SUf:crAR-, [print name and title] "COVENANTEE" City of Arcadia, a Municipal Corporation ,2002 mJ1 William R. Kelly City Manager Dated: Jf.1J APPROVED AS TO FORM: , ~~r~ Stephen P. Deitsch City Attorney 3 / CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~ 0943332 State of California County of Los Angeles On 3/29/02 before me, Genevieve T. Chen Name and Title of OffIcer (e g, "Jane 000, Notary PUbrlC~) Date personally appeared Eftekhari Nasir & Jin Jin Shen Name(s) 01 Slgner(s) D personally known to me - OR - D 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 acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(ies), and that by his/her/their slgnature(s) on the mstrument the person(s), or the entity upon behalf of which the person(s) acted, .executed the instrument. .. - - " ~ .- ---------~.~ " ' .GENEVlEVE T. CHEN -,.0 "~I ~@ -~""'''' ~ _' - NoLary Public. C.liIoml. s: Loa Angela County - . . Myc.mn. E>cpIno8At.lg 10, 2006 WITNESS my hand a IClal seal. OPTIONAL Though the mformatlon below IS not reqUired by law. It may prove valuable to persons relymg on the document and could prevent fraudulent removal and reattachment of thiS form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name. Signer's Name RIGHT THUMBPRINT OF SIGNER D Individual D Corporate Officer Title(s) D Partner - D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator o Other: Top of thumb here D IndiVidual D Corporate Officer Title(s). D Partner - D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator o Other' Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing. Signer Is Representing C 1995 NatIonal Notary ASSociatIon. 8236 AemmetAve, PO Box 7184. Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Free '-800-876-6827 '--> 02 0943332 SUBORDINATION' On behalf of GENERAL BANK AS BENEFICIARY UNDER A DEED OF TRUST RECORDED FEBRUARY 5, 2002, AS INSTRUMENT NO 02-0275988, the undersIgned hereby subordmate the interests of the Bank to the terms of thIs Covenant Eddie Chang,SVP ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of Los Angles 02 0943332 On 3/11/02 before me, Genevieve T. Chen Nama and Title 01 OffIcer (e g , "Jane Doe, Notary Public") Date personally appeared Eddie Chang Name(s) oIStgner(s) o personally known to me - OR - 0 proved to me on the basIs of sallsfactory evidence to be the person(s) whose name(s) is/are subscnbed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacltY(les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrumen GENEVIEVE T. CHEN it Commlaalon'1317263 ~, Notary Public - California ~ J Loa Angalea County ~ My CarfTl. ExpIlwa Aug 10.2006 - - - - - - - - - - - - WITNESS my hand an clal seal slQJlure of Notary Public J '. OPTIONAL Though the mfonnatlOn below IS not reqUired by law, It may prove valuable to persons relymg on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document. Document Date. Number of Pages Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name o Individual o Corporate Officer TItle( s) o Partner - 0 Limited 0 General o AttorneY-in-Fact o Trustee o Guardian or Conservator o Other. Top of thumb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer TItle(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Represenllng. Signer Is Representing C 1995 Nallonal Notary ASSOCIallon. 8236 RemmetAva, PO Boll; 7184. Canoga Park, CA 91309-7184 Procl No 5907 Reorder Call Toll-Free 1-800-676-6627