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HomeMy WebLinkAboutCovenant - This page is part �your o+ m2 0DoO 1 N4OCT 0a Dlif9,IoSrC n3Aia R5D 7 R8e co6 71'7 A„� �o5 i 1 s,�� w . 09,06,14 a. 08.00AM « • n ,tirA,e- w<.a,do eCony, FEES: 27.00 TAXES: 0.00 OTHER: 0.00 SEP 2 z .. , III I I AI I I I IU I N I A 1111 I I I III lUlN I NlO III II I Inl LEADSHEET lI I 1 111111 I I II INI 111111 INI III I III lI INI VIII 014 905023 00 0 00959 87 II liii lUll IMI III IIMIIUOUI SEQ: 13 UUIII II lU lU 101 lU U 11111 OIIU III 01 10 0I Iii I ft II Ift I II - UlO19111111111111111111111111111111111111111111 g THIS FORM IS NOT TO BE DUPLICATED i I i s k r I i i i I i i { i Commonwealth Land Title Company 0910512014 on RECORDING REQUESTED BY AND sagotun WHEN RECORDED MAIL TO: City Attorney City of Arcadia *20140935786* 240 W. Huntington Drive Arcadia, CA 91007 COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, International Church of the Foursquare Gospel, a Religious corporation, hereinafter referred to as "Covenantor", hereby declares, represents and warrants to be the owner of certain real properties located at 723 and 805 N. First Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows ("Affected Land"): PARCEL 1 (5772-006-023): The North 56.7 feet of Lot 8, Tract 3112, as per map recorded in Book 29 Page 68 of Maps, in the office of the County Recorder of said county. Excepting therefrom the East 10 feet thereof conveyed to the City of Arcadia for street purposes by deed recorded in book 17413 page 46, Official Records. PARCEL 1 (5772-005-001, 5772-005-002): Lots 67 to 73, inclusive, of Tract No. 7820, in the City of Arcadia, as per map recorded in Book 83 Page 30 of Maps, in the office of the County Recorder of said County, together with all of the 15-foot of the County Recorder of said County, together with all of the 15- foot vacated alley lying Easterly of and adjoining said lot 72. Excepting therefrom the Easterly 10 feet of said Lots 67 to 71 inclusive, conveyed to the City of Arcadia for public street and highway by deed recorded in Book 7431 Page 262, Official Records. Parcel 2 (portion of 5772-006-024): The Northerly 100 feet of the Easterly 2.5 feet of Lot 6, and the Northerly 100 feet of the West one-half of Lot 7 of Tract No. 3112, as per map recorded in Book 29 Page 68 of Maps, in the office of the County Recorder of said County. 1 13 'f? Parcel 3 (remainder of 5772-006-024): The North 150 feet of the Easterly one- half of Tract No. 3112, as per map recorded in Book 29 Page 68 of Maps, in the office of the County Recorder of said County. An easement for drainage purposes over and across the Westerly 3 feet of the Easterly one-half of Lot 7 of Tract No. 3112, as shown in Book 29 Page 68 of Maps, except the Northerly 150 feet thereof. (Portion of 5772-006-027) That portion of the Southerly 50 feet of the Northerly 150 feet of the Easterly 62.5 feet of Lot 6 and that portion of the Southerly 50 feet of the Northerly 150 feet of the West half of the County Recorder of said County, bounded Southwesterly by the Southwesterly line of Parcel 4 of that certain easement conveyed by the State of California by deed (D-C 1105) recorded in Book D 4155 Page 643, Official Records. (Remainder of 5772-006-027) That portion of the Northerly 100 feet of the Westerly 60 feet of the Easterly 62.5 feet of Lot 6 of Tract No. 3112, as shown on Map recorded in Book 29 Page 68 of Maps, in the office of the County Recorder of said County, bounded Southwesterly by the Southwesterly line of Parcel 4 of that certain easement conveyed by the State of California by deed (D-C 1105) recorded in Book D 4155 Page 643, Official Records. 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. 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, 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 court of competent jurisdiction to set aside and have declared null and void such attempted sale, conveyance or assignment. In the event of any such legal actions, Covenantor or its successors or assigns shall be liable for the reasonable attorneys' fees and costs of Covenantee in bringing such action. 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. 2 f r 6 r i 3. The City of Arcadia in its capacity as Covenantee and in its capacity as the 4 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 this instrument on the date shown opposite their signatures. "COVENANTORS" International Church of the Foursquare Gospel, a Religious Corporation 3 Dated: 08/13 , 2014 [sign. allirry 'im J. Baskin / Property Manager [print name and title] Dated: 08/13 , 2014 ' I ;�� 4 ,.._ [sign ture] MOP Deborah Melahouris/ Asst. Secretary [print name and title] "COVENANTEE" City of Arcadia, a Municipal Corporation Dated: P111411/1171. lc,, 2014 _ K-_ °— Dominic Lazzare City Manager APPROVED AS TO FORM: 1). l Stephen P. Deitsch City Attorney 3 CALIFORNIA ALL® U RP.•SE A L h` LE't GM M' CIVIL CODE§ 1 98B 6: . --;-ZN ,:."-• - .fatc.,,C c'-h .b i -. ,fa14ia . ■&t'r Y a C"-' / .•/ - State of California 9 ti County of Los Angeles On Aug• 13. �.e'4 before me, K.A. Sutton, Notary Public 9 Date Here Insert Name and Title of the Officer • personally appeared Deborah Melahouris and Tim J. Baskin Name(s)of Signer(s) P (• who 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 X f $fig/they executed the same in k ( € Wtheir authorized capacity(ies), and that by + Wtheir signature(s) on the instrument the �� .,.. K. A. SUTTON person(s), or the entity upon behalf of which the r�: Commission # 1948069 , " person(s) acted, executed the instrument. ,h��� Notary Public - California p ( ) Los Angeles County "u viii My Comm.Expires Sep 10,2015 I certify under PENALTY OF PERJURY under the i laws of the State of California that the foregoing 1 C: paragraph is true and correct. i WITNESS my hand and official seal. ; Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL 9 Though the information below is not required by law,it may prove valuable to persons relying on the document 9 t and could prevent fraudulent removal and reattachment of this form to another document. P Description of Attached Document fzz Title or Type of Document: Covenant { �r• 4O Ceve.lof + f(o14 Preper4-y as on >'4rce.{ �I i, Document Date: Number of Pages: fi Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) II Signer's Name: Deborah Melahouris Signer's Name: Tim J. Baskin fi ff Corporate Officer—Title(s): Asst. Secretary Corporate Officer—Title(s): ❑ Individual RIC�HTTMUMBP 1iNT` ❑Individual RIGHT THUMBPRINT: OF SIGNER OF SIGNER T ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—El Limited ❑General Top of thumb here A LI Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee t' ❑ Guardian or Conservator CI Guardian or Conservator 0 ❑ Other: {7 Other:Prnperty Serve yes Manager Signer Is Representing: Signer Is Representing: (,, ICFG ICFG ' A`c ?�EaY;,(,› c O'era im v" o•c`':rGr ,/c.'_,a��4" 4.,t— :fc+i'I -!.. 4`4..2," ;SM.•`F zC._•--, 2`.•-,•.,.."E�f:-ca,<, ©2010 National Notary Association.NationalNotary.org.1-800-US NOTARY(1-800-876-6827) Item#5907