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HomeMy WebLinkAboutD-2332 ..e . ,...., i , . tf /-ICJllIZj:11 ' JUN 17 19tU RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNlY CALIFORNIA P~~~. 3 P,M.AUG 24 1987 I RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 AN[ 1 3 LJ l FEE $9 L COVENANT AND AGREEMENT REGARDING SELF-STORAGE FACILITY FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, THE CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION ( hereinafter referred to collectively as "Covenantors", hereby declare to be the owners of that certain real property located at 43l N. Second Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Those portions of Lots 19 to 26 inclusive, in Block 83 of the Arcadia Santa Anita Tract, in the City of Arcadia, in the County of Los Angeles, State of California, as' shown on map recorded in Book l5 Pages 89 and 90 of Miscellaneous Records, in the office of the County Recorder of said County, described as follows: Beginning at the Southwesterly corner of Lot 26; thence Easterly along the Southerly line of Lots 26, 25, 24, 23 and 19, North 88 degress 55 minutes l4 seconds East 375.0l feet to a line that is parallel with and distant Westerly 50.00 feet, measured at right angles from the center line of Second Avenue, 60.00 feet wide, as shown on said map; thence along said parallel line, North Ol degrees 04 minutes 07 seconds West 25.46 feet to the Southeasterly line of the land conveyed to Los , Angeles County Flood Control District, by Deed ,recorded in Book D-22l3 Page l32, official records; thence along said boundary the following courses: South 54 degrees 06 minutes Ol seconds West l8.94 feet; North 35 degrees 53 minutes 59 seconds West 36.00 feet and North 54 degrees 06 minutes Ol seconds East 25.l5 feet to a non-tangent curve concave Northeasterly and having a radius of llO.OO feet; thence Northwesterly along said curve from a tangent which bears North 34 degrees 57 minutes 44 seconds west through an angle of degrees 49 minutes 54 seconds, an arc distance of 92.76 feet to a line parallel with and distant Southerly 46.00 feet, measured at right angles from the center line of Colorado Boulevard, 60.00 feet wide; thence leaving said boundary and along said parallel line, South 88 degrees 55 minutes l4 seconds West 3ll.ll feet to the Westerly line of said Lot 26; thence Southerly along said Westerly line to the point of beginning. all of which aforedescribed is hereinafter referred to collectively as the "Affected Land" 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: z o. ....., E-<.'L <'.. oG o p.. oG o u u ..... ....l CO :::> p.. ..... ..... I "" o ; I ,g '~:3 oG -" STATE OF CALIFORNIA Q7-1351891 t ss. County of Los Anqele~ J ." tblf:ran5 3 CAUFORNIA OEI'Il.R'TUENT Cf" TRANSPORTATlON On July l4, 1987 , before me, the unde,rsigned Notary Public in and for said County and State, personally appeared C. N. Barber IiUl personally k.nown to me, 0 proved to me on the basis of satisfactory evidence, to be the person_ who executed this instrument as Dppl1t-y nic:t-ri,....+- n;r~C"tor of Calif ~t~to npr~rrm~nt of Tran~portQtion and ack.nowle ge to me that the r~lifornia ~t~te nor~rtm~nt of Tr~nEpgrt~tion executed it. WITNESS my hand and official seal. (for notary seal or stamp) ? ::;:;:'"'?~c::' ;.:: ?,??,:'?.e. :} OFFICIAL SEAL iN SUE T, IWAMOTO ~ NOTARY PUBlIC,CALIFORNIA (Ii LOS ANGELES COUNTY My CommissIon Ellpues Nov. 9, 1988 Signature L r LI..."' ,.:t; Notary Public in and for said County and State ....~.I. r- 'Y l. The Affected Land (Lots 19 to 26, inclusive, described above) shall remain self-storage, shall not be subdivided for individual industrial users or used as an industrial warehouse or have any office or retail square footage unless parking is provided pursuant to the Arcadia Municipal Code. Any use shall comply with the City of Arcadia Zoning Ordinance. 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 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. IN WITNESS WHEREOF, Covenantors have executed instrument on the date shown opposite their signatures. this "COVENANTORS" THE CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION Dated: 7,. 11-1'18'7 By (I" N ~ Deputy District Director - Office of R/W Title "COVENANTEE" City f Arcadia 87-1351891 Dated: '?-..? -c?? By , APPROVED AS TO FORM: mJu/)/ ~ Mlchael H. Miller City Attorney -2- . f'