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HomeMy WebLinkAboutD-2602IIII III II IIIIIIIIIII I III IIII II II LEAD S H E E T ~"~ ~'~ ~' ~ t~*. t s IItECEIVEID DEC 2 2002 ' ,~ ~ ~ ~t 'l c7 CITY OF ARCADIA O Z' Fi'3 ~ y ~/ Z b CITY CLERK LOS 3:21 PM OCT 15 2002 SPACE ABOVE THIS LINE FOR RECORDERS USE TITLE(S) COVENANT AND AGREEMENT TO MAINTAIN OFF-SITE PARKING AND COMPLY WITH CITY OF ARCADIA PARKING REQUIREMENTS (1580 CLARK STREET, ARCADIA, CALIFORNIA) FEE FEE $19 RR D.T.T. DAF$7 . ' C-20 5 'CODE 20 CODE 19 CODE 9 Assessor's Identification Number (AIN) To Be Completed By Examiner OR Title Company In Black Ink Number of Parcels Shown THIS FORM IS NOT TO BE DUPLICATED O ~ 6 0 2 ~J ~;~ ;~~i9'7~u Recording Requested by and When Recorded Mai! to: City of Arcadia P.O. Box 60021 Arcadia, CA 91066-6021 Attention: City Attorney COVENANT AND AGREEMENT TO MAINTAIN OFF-SITE PARHING AND COMPLY WITH CITY OF ARCADIA PARHING REQUIREMENTS THIS COVENANT AND AGREEMENT IS MADE WITH REFERENCE TO THE FOLLOWING RECITALS: A. Richazd F. Dootson and Marilyn J. Dootson as Trustees of the Dootson Family Trust and individually (collectively "Dootson" and sometimes referred to as "Covenantors") aze the owners of the property legally described as: Pazcel 1: Lots 1365 to 1372 inclusive of Chicago Pazk, in the City of Arcadia, County of Los Angeles, State of Califomia, as per map recorded in Book 30, Page 100 of Miscellaneous Records, in the office of the County Recorder of said County (commonly known as 1580 Clark Street, Arcadia, California) Parcel 2: Lot 631 of the Chicago Park Tract, in the City of Arcadia, in the County of Los Angeles, State of California, as per map recorded in Book 30, Page 100 of Miscellaneous Records, in the office of the County Recorder of said County. (This property is on the north side of Clark Street, Arcadia, Califomia.) The City of Arcadia requires that the property described in Pazcel 1 have pazking to comply with City zoning requirements. It is intended by this Covenant and Agreement that the property described as Parcel 2 provides City of Arcadia required pazking spaces for 1580 Clazk Street, Arcadia (Parcel 1). 02 2419726 3 B. Clazk Street Venture, Inc. is the tenant of 1580 Clazk Street, Arcadia. Dootson is the landlord. Clazk Street Venture, Inc. conducts an adult business at the premises at 1580 Clark Street, Arcadia. C. Exhibit A describes the parking spaces on Parcel 2 and that aze subject to this Covenant and Agreement that are to be utilized as the required pazking for Clazk Street Venture, Inc., the tenant of 1580 Clark Street, Arcadia, California. D. All of the property described in these Recitals is contiguous to public land and it is intended that this Covenant and Agreement benefit that public land. COVENANT AND AGREEMENT: 1. All Recitals are incorporated by reference and are made a part of this Agreement. 2. This Covenant and Agreement is for the benefit of the City of Arcadia (Covenantee) and shall run with the land and be binding on the heirs, successors and assigns of the Covenantors. 3. This Covenant and Agreement is also for the benefit of the business conducted at 1580 Clark Street, Arcadia, to allow that business to use 1580 Clark Street as an adult facility complying -with City of Arcadia zoning requirements. Violation of this Covenant and Agreement shall be proof that zoning requirements aze not being complied with and the adult use of 1580 Clark Street, Arcadia shall no longer be permitted. 4. By means of this Covenant and Agreement, Dootson shall make available, solely and exclusively for the benefit of the business at 1580 Clazk Street during the hours of 5:00 p.m. through 3:00 a.m., those certain pazking spaces shown on Exhibit A. Dootson shall post and maintain in conspicuous places signs indicating that the pazking spaces described in Exhibit A are reserved exclusively for the use of 1580 Clazk Street between the hours of 5:00 p.m, and 3:00 a.m. and shall at all times take any and all necessary. actions, in order to assure the exclusive availability of such parking spaces for the use of 1580 Clark Street during said hours. Dootson shall maintain and repair, including striping of all pazking spaces, the parking spaces shown on Exhibit A. 5. Dootson represents and warrants to the City of Arcadia that the exclusive use of the pazking spaces described in Exhibit A in accordance with this Covenant and Agreement does not violate any existing lease agreement and shall not violate any future lease agreement Dootson may enter into. 6. In the event a permit to conduct an adult business at 1580 Clazk Street terminates for any reason, the City of Arcadia agrees to release Dootson from the 02 2419726 obligations of this Covenant and Agreement and to execute any documents required to ,4 implement that release. COVENANTORS( Dootson) Dated: 2~ , 2002 F. DOOTSON, Trustee and individ//ua ly Dated: z~ , 2002 %f~~~ p ~v.c ~~- MA~R LYl ROOT ON, Trustee and individually CLARI'.STREET VENT ,INC. (Lessee) Dated:, 2002- ~' ~/ Print ame: COVEN'A'N, T~EEI,(1C~ity of Arcadia) Dated: ~~~ , 2002 U~-_31d~ City Manager APPROVED AS/~TO`FORM: City ttomey STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On 2~3 , 2002, before me, the undersigned, a Notary Public in and for said County and State, personally appeazed Richard F. Dootson and Marilyn J. Dootson p (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ~/aze subscribed to the within instrument and acknowledged to me that h~'/sht:/they executed the same in hi~s'11t~'r/their authorized capacity(ies), and that by h~/t;Er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CONNIE A. WIWMK4 Canmksian # 1?B0243 a Notary Public - Califamia s laa Mgeles County C rr+vcarren.r~actts~oa -"" - ,-~ ~__ C~-~-.,..~_ ~,l ~ J~ ~ a S 02 2419726 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ~~~l.CUt ~_ On _/0 - /O - O Date personally appeared PATRICIA ANN CHANDLER COMM. #1286803 W m NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY r~D My Comm. Expires Dec. 9.2004 to be the person(/9 whose namel~ is/era subscribed to the within instrument and acknowledged to me that helspekliey executed the same in hisfherk}ieic authorized capacity(ies); and that by hisl~e~tkeir signature(`$•} on the instrument the person(s"J, or the entity upon behalf of which the person(s~ acted, executed the instrument. WIT SS my hand an official e~l. ~ .I./.LIC>~i ~/ Place Notary Seal Above signature of Notary Public OPTIONAL Though [he information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent Iraudulent removal and reattachment of this form to another document. Description of Attached DofJument ~]~ ~ Title or Type of Document: ("~/V/fE11~ANtM'v! Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: - ~ ., Number of ^ Individual /~ ~" ~ ~ .~ ' • ~ Corporate Officer -Title(s): 0--~iQ.l ~CN/wC.~ ToP of mNmh Here ^ Partner-^Limited ^General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ®1999 Natiorel Notary ASSocation•935o Dg$olo Am..PO. BDw 2CO2•CMtswon~, CA 913132402•amw.nationalnolary.org ProQ NO. 590> Reaaer Call idLFrea tE00~BiB fiB2] ^ personally known to me ~' proved to me on the basis of satisfactory evidence i rn i D V . i. .t ` ~ ~ I ~~ .I • l I `. i ~ I l ', i i •. ` `yv ' i ~ ~ ' I r::. " .. .pYye C4 ~: ~; . _ y`' ..L ~ >~ ~ i i i h ~ ~,. ,.:~ 02 ~4197Z~ ~ . ~~ ~. _.. , . . I V •. ~~ [I I I i .i . j ~ ~ 1 ~ I i I 1 I ~. i ~3 .. _ _, ~. ... _ r• •• f " I _ i ;t 1~ ,~ ~~ ~. ,.. _ ~ ~' ~ .~~ I ~.v ~ 2 ~[.. ~ + 9 . •.~ v u ~ $ _ aO ~ ~ (~ L~ ~ ~ ~ ~ ' ~ ~~ I ! r ., ^ N ^ . 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