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,_ THIS FORM IS NOT TO BE DUPLICATED �
RECORDING REQUESTED BY AND
111111111
WHEN RECORDED MAIL TO: 04/15/2016
City of Arcadia
240 West Huntington Drive
P.O. Box 60021 `20160428304•
Arcadia,CA 91006-6021
Attention: City Attorney/City Clerk's Office
APN: 5770-017-005 Space above this line for Recorder's Use
Exempt from Recording Fees per Govt.Code§27383
COVENANT AND AGREEMENT REGARDING COAST LIVE OAK TREE
THIS COVENANT AND AGREEMENT REGARDING COAST LIVE OAK TREE
("Agreement") is executed as of this l3 day ofr; t , 2016, by and between the
CITY OF ARCADIA, a California municipal corpora ion ("City") and 300 HACIENDA DR.,
LLC, a limited liability company, as its sole and separate property ("300 Hacienda Dr., LLC"),
with reference to the following facts:
RECITALS
A. 300 Hacienda Dr., LLC owns that certain real property described as:
Lot 39 of Tract No. 11013, in the City of Arcadia, County of Los Angeles, State
of California, as per Map recorded in Book 262, Pages 45 and 46 of Maps, in the
Office of the County Recorder of said County, more eornmonly known as 300
Hacienda Drive, Arcadia, CA 91006 ("Property").
B. 300 Hacienda Dr., LLC has applied to the City ;or a Healthy Oak Tree Removal
Application No. TRH 14-04 and an Oak Tree Encroachment Application No. TRE 15-46
("Applications") to remove certain Oak Trees, relocate certain Oak Trees and encroach upon
certain Oak Trees located on the Property.
C. City has conditionally approved the Applications subject to (1) the removal and
transplanting of a 28-inch oak tree referred to as "Oak Tree No. 9", including a required status
report of the health of Oak Tree No. 9 and any recommendations or needed measures by a
certified arborist to both the City and 300 Hacienda Dr., LLC every six (6)months from the date
of approval through November 1, 2018, and (2) recordation of this Covenant regarding Coast
Live Oak Tree pursuant to which 300 Hacienda Dr., LLC covenants to plant a 110-inch box
Coast Live Oak Tree within the front yard area of the Property if Oak Tree No. 9 does not
survive until November I, 2018.
The parties therefore agree as follows:
1. Relocation and Transplantation of Oak T;:e No. 9. City and 300 Hacienda Dr.,
LLC agree that Oak Tree No. 9 may be relocated and transplanted from the existing location to a
location within the front yard of the Property.
r ' .
2. Monitoring. 300 Hacienda Dr., LLC shall have a certified arborist provide the
required status report of the health of Oak Tree No. 9 and any recommendations or needed
measures by a certified arborist to both the City and 300 Hacienda Dr., LLC every six(6)months
from the date of approval through November 1,2018.
3. Replacement. 300 Hacienda Dr., LLC covenants to plant a 110-inch box Coast
Live Oak Tree within the front yard area of the Property if Oak Tree No. 9 does not survive until
November 1, 2018
4. Entire Agreement. This document represents the entire agreement and
understanding of the parties with respect to the specific covenant regarding Oak Tree No. 9 as
required by the City's conditional approval of the Applications and supersedes any prior
agreements between them as to such matters. Any mou;cation of this Agreement must be in
writing, signed by both parties and recorded in the Official Records of Los Angeles County,
California.
5. Counterparts. This document may be executed in counterparts and may be
recorded with counterpart signature pages.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year set forth hereinabove.
CITY:
CITY C'F ARCADIA,
a California municipal corporation
By:
Name: Dominic La77aretto
Title: City Manager
300 HACIENDA DR.,LLC:
300 Harienda Dr., LLC, a Limited Liability
Company,as its sole and separate property
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ACKNOWLEDGEMENTS
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
COUNTY OF lbs /jt!S )
On April I Z, 20i4 before me,,¢4��/e M4SSa1d,
Notary Public, personally appeared �5har/in a
who proved to me on the basis of satisfactory evidence to be the person() whose name() is/ar,e
subscribed to the within instrument and acknowledged to me that 14e/she/they executed the same
in his/her/their authorized capacity f ies.), and that by 414g/her/the:.-signaturecii'f on the instrument
the person,or the entity upon behalf of which the persons acted,executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
A E MtliiE�
We. Caminito/20111005
j oe ANet rlr Ptrlile•Ce9lernle� •+ n�Nee County
Signatur ( 1t Cita!Exton Ma 29,ZOtl (Seal)
3