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DEAN C.LOGAN
Registrar-Recorder/County Clerk
If this document contains any restriction based on race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, familial status, marital status, disability, genetic
information, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state
and federal law on the age of occupants in senior housing or housing for older persons shall
not be construed as restrictions based on familial status.
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A THIS FORM IS NOT TO BE DUPLICATED 26760126204A
EMS070
Recording requested by the •
CLARK INDUSTRIAL INVESTORS, LLC
when recorded return to:
City of Arcadia
Attn: City Clerk's Office
240 West Huntington Drive
Arcadia, CA 91066-6021
CLARK INDUSTRIAL INVESTORS
7901 Crossway Drive
Pico Rivera, CA 90660
Attention: James N. Devlin;
DECLARATION AND COVENANTS
•
Recording requested by the
CLARK INDUSTRIAL INVESTORS,LLC
when recorded return to: •
City of Arcadia
Attn: City Clerk's Office
240 West Huntington Drive
Arcadia, CA 91066-60.21
CLARK INDUSTRIAL INVESTORS
7901 Crossway Drive
Pico Rivera, CA 90660
Attention: James N. Devling
11621-11633 Clark Street,Arcadia, CA 91006 Space above this line reserved for Recorder's use
APNs 8532-007-017;8532-007-016;
Portion of 8532-017-048& 8532-071-059
DECLARATION AND COVENANTS
This DECLARATION AND COVENANTS ("Declaration") is executed as of
IT!! .,.x , 2020, by CLARK INDUSTRIAL INVESTORS, LLC, a California limited
liability company ("Owner"), with reference to the following facts:
A. Whereas, Clark Industrial Investors, LLC, submitted an application to the City of
Arcadia ("City") for a conditional use permit to allow outdoor storage of equipment and fleet
vehicles for Frontier Communications at 11633 Clark Street, more particularly described in the
legal descriptions attached as Exhibit A and Exhibit B, incorporated herein(the "Property");
I!. Whereas,the Property encompasses multiple separate parcels(as shown in.Exhibit
A and Exhibit B) and Owner's application for a conditional use permit includes outdoor storage
of equipment and fleet vehicles across each of the various parcels;
C. Whereas, the City of Arcadia granted to Owner Conditional Use Permit ("CUP")
No. 19-13,through Resolution No. 2045,subject to the condition that Owner record a covenant to
allow the outdoor storage area to be placed over the several parcels constituting the Property;and
D. Whereas,Owner is executing and recording in the office of the Los Angeles County
Recorder this Declaration and Covenant for the purpose of compliance with the above-stated
condition of approval.
NOW, THEREFORE, Owner declares and covenants that:
1. Declaration and Covenant. Owner shall allow the outdoor storage of equipment
and vehicles to be placed over the various parcels constituting the Property in accordance with
Resolution No. 2045 and CUP No. 19-13, as granted from City to Owner.
•
2. Covenant Runs With The Land.The Property shall be sold,conveyed,encumbered,
hypothecated, leased, used, occupied and improved subject to the restrictions, covenants,
conditions and equitable servitudes set forth in this Maintenance Covenant,all of which are for the
benefit of the City and shall run with the land and shall be binding upon all persons having any
right,title or interest in the Property,or any part thereof,their heirs,successive owners and assigns.
This Declaration and Covenant shall not be released or modified without the express written
consent of the City,which City shall not unreasonably deny in the event of a discontinuance of the
use permitted in CUP 19-13 and a proposed change in use of or a new development of the Property.
3. City Enforcement. The City is not a party to this Declaration and Covenant but
shall have the beneficial right to enforce the restrictions, covenants, conditions and equitable
servitudes contained herein. City's right to enforce may include but is not limited to the right to
withhold or revoke, after giving notice of violation, any building permits, occupancy permits,
certificates of occupancy, business licenses and similar matters or approvals pertaining to the
Property or any part thereof or interests therein as to the violating person or entity. In an action to
enforce City's rights herein,the prevailing party shall be entitled to its attorney's fees and costs.
4. No Limitation On City. Any enforcement rights of the City are in addition to and
not instead of rights of the City regarding enforcement of City codes and regulations. The failure
or refusal of the City to exercise any of its rights or powers will not result in any liability to the
City and shall not give rise to a cause of action against the City,its officers and employees,on the
part of any person. Owner shall comply with with all City's ordinances,regulations and standards
(as adopted by the City), as may be applicable to the Property, including but not limited to the
conditions of approval stated in Resolution No. 2045 and CUP No. 19-13.
5. Subordination. This Declaration and Covenant shall he senior to any interest in the
property that may become an interest in foe.Owner shall cause any lienholder or other person with
an interest in the property to deliver and record in the office of the Los Angeles County Recorder
an agreement subordinating its interest to this Declaration and Covenant. In the event that a
successor-in-interest to Owner acquires a fee interest in the Property that is not subject to this
Declaration and Covenant,City shall have the right to revoke CUP No. 19-13 for failure to comply
with the conditions of approval.
6. Notice. Any notice to City shall be delivered to: City of Arcadia — City Clerks
Office,240 West Huntington Drive,Arcadia,CA 91066-6021
[SIGNATURES ON THE NEXT PAGE]
IN WITNESS WHEREOF, Owner has executed this Declaration.
"COVENANTOR"
CLARK INDUSTRIAL INVESTORS,LLC
an) .
Dated: APa#c. ?-�' ,2020
James N.De r_
C.F.O. of C C.. niers Equity Corporation,
Managing Member
"COVENANTEE"
Dated: 1-n ta,y 12- ,2020
Dominic Lazzaxe
City Manager
APPROVED AS TO FORM:
Stephen P.Deitsch
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
EXHIBIT " A &A
LEGAL DESCRIPTION:
LOTS 631 TO 641 INCLUSIVE, LOTS 878 TO 887 INCLUSIVE, LOTS 1120 TO 1129
INCLUSIVE, TOGETHER WITH THE NORTHEASTERLY 14.00 FEET OF LOTS 877 AND
1119, OF THE CHICAGO PARK TRACT,IN THE CITY OF ARCADIA, 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.
EXCEPTING THEREFROM THE SOUTHWESTERLY 5.00 FEET OF SAID LOTS 11.19 TO
1129, INCLUSIVE AS CONVEYED TO THE CITY OF ARCADIA BY DEED RECORDED
ON AUGUST 28, 1973 AS DOCUMENT NO.4247.
TOGETHER WITH THAT PORTION OF DEARBORN STREET, 50.00 FEET WIDE,AS
SHOWN ON SAID MAP,TITLE TO WHICH WOULD PASS WITH A LEGAL
CONVEYANCE OF SAID LAND,AS SAID DEARBORN STREET WAS VACATED BY
RESOLUTION NO.4479 OF THE CITY OF ARCADIA,A CERTIFIED COPY OF SAID
VACATION WAS RECORDED FEBRUARY 21, 1975 AS INSTRUMENT NO. 3572 OF
OFFICIAL RECORDS.
PREPARED BY: z-c.‘. AND SG
11
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70
No. 9246
MARITES A. DIZON,PLS 9246 4
SEABOARD ENGINEERING COMPANY s>.
1415 EAST COLORADO STREET, SUITE 205 cA0F6
GLENDALE,CA. 91205
EXHIBIT "B"
LEGAL DEPICTION
EXHIBIT " B "
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APN: 8532-007-012APN: 8532-007-913 8
OWNER: SAG ARCADIA LP ' j OWNER: FOOTHILL TRANSIT <v>
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APN: 85,32-007-012 { yipN 67.4514"E (1)OWNER: SAG ARCADIA LP lit5.95'
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Or CMOC
COVENANT AND AGREEMENT
PREPARED BY: DATE: 12/23/19
11521-11633 CLARK STREET SEABOARD ENGINEERING CO.
1415 E. COLORADO STREET . SUITE 205 SCALE: 1''.. 10D�
ARCADIA, CA 91006 GELNDALE. CALIFORNIA 01201
TEL (310) 277-7337 FAX (518) 550-7339
alAIL<SEASO ARDOSEA8CARO ENGCC.00 )
ACKNOWLEDGMENT
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 Los Angeles )
On April 28, 2020 before me, Christina Herrera, Notary Public
(insert name and title of the officer)
personally appeared James N. Devling
who proved to me on the basis of satisfactory evidence to be the person 4a 'whose name(,s'/is/af
subscribed to the within instrument and acknowledged to me that he/sib/1y executed the same in
his/totter authorized capacity( ), and that by his hisaretwr signaturefArron the instrument the
personj,4,, or the entity upon behalf of which the person.(. '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, ~"'""�"''""'""°""
t CNA111NAH14416A
itgag&obw.
Natary public CalHamla
ss
` Los/u�golns County i.V' i
Commission k�226297My Camm.F.xplres Nov t3,X022
Signature0-447 (Seal)
I.