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Home My WebLink AboutD-2900 - This page is part of your document- DO NOT DISCARD °� �°s� 20200567317 t*�y C _ Qe !r. �fal - } 1111111111 111111 1111111111 P0g10 �t �� Recorded/Filed in Official Records Recorder's Office, Los Angeles County, r• California CALIFOR 1*x 05/26/20 AT 08:OOAM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 II 10 I 10III III 1111 1111 1111 LEA DSHEET 11 111 1 I 111 110 11 11 11 202005260150044 00018293400 U� III I111111 010784010 SEQ: 01 SECURE - 8 : 00AM 111111 lU U 1111111111111111101111 11111 UllIlli I1 III II I IIID III IIII llIlII0IIII0 I 1111011 IIII III - THIS FORM IS NOT TO BE DUPLICATED 26760126204A F548470 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. Devling 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 91066-6021 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 P r12,1- 224k , 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"); B. 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 be senior to any interest in the property that may become an interest in fee. 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 Dated: AP4/L- k , 2020 , James N. De C.F.O. of C mers Equity Corporation, Managing Member "COVENANTEE" Dated: M p� 11- , 2020 Dominic Lazzare City Manager APPROVED AS TO FORM: Stephen P. Deitsch City Attorney EXHIBIT "A" LEGAL DESCRIPTION EXHIBIT " 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 1119 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: o�P S A s —44t:C-0 Arat., A', o 70 °- No. 9246 MARITES A. DIZON, PLS 9246 SEABOARD ENGINEERING COMPANY 1415 EAST COLORADO STREET, SUITE 205 qTE OF CAL�F�� GLENDALE , CA. 91205 EXHIBIT "B" LEGAL DEPICTION EXHIBIT " B " E w 1 z I— wa N O H APN: 8532-007-012 APN: 8532-007-913 0 5 OWNER: SAG ARCADIA LP OWNER: FOOTHILL TRANSIT M J co S 67'45"14".E 275.05' zu_ W I k w VY 2M N ' cv o co N. 0 • N cLo M0 co co co (in in M0 (MO c0 .,-.6, -4- vt N eF (NI 06 APN: 8532-007-012 Z N 67'45'14"E (r) OWNER: SAG ARCADIA LP 111&85.95' $ 4745"14" E - S 67'45"14' E 275.05' -- VACATED 75.01 - d 11- 11.00' DEARBORN STREET °� (inc) I r7 st CO CO Cr) o N rn a U7 CO I-- Co co ; oo 0o 0 ao 0o co 0o oo ao co CO OD CO = N 1-u — 0 14.00' z N co N P N CHICAGO TRACT co C\ • I I w REC. MB 3D PG. 100 00 o5 o= N N N • 61.08' _ - , `nom Z CO p • z` N aN r. ;I- "-- O U-1 coI N 00 T O N rn v U) (0 n CO 01 N ¢N �t N , d- - N N N N N N N N N N Li") ^ACV,Y" '-' ,_ d �� " MI�. .� - - - (14.01' '' ,..„.. , c\J 06 migliimm _ -- o z , _ , S i __ o (n 255.04'---- :' --- 575.11'6,_ o • N 67'45"•14- W m • 6 1255.23' CLARK = ` STREET o } \I'. AND '°i1Cs c No. 9246 o yT ,_, - Or CA\ COVENANT AND AGREEMENT PREPARED BY: DATE: 12/23/19 11621-11633 CLARK STREET SEABOARD ENGINEERING CO. 1415 E. COLORADO STREET , SUITE 205 SCALE: 1"= 100' ARCADIA, CA 91006 GELNDALE . CALIFORNIA 91205 TEL. (310) 277-7337 FAX (818) 550-7339 EMAIL<SEABOARDOSEABOARDENGCO.COM> 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( whose nameceish34 subscribed to the within instrument and acknowledged to me that he/sly/thr(y executed the same in his/Ij effi>errr authorized capacity(jes`f, and that by his/fit signature_Wf on the instrument the person'', or the entity upon behalf of which the person.a'jacted, 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. CHRISTINA HERRERA 'f' Notary Public-California - _ Los Angeles County > Commission#2262979 My Comm.Expires Nov 13,2022 Signature (Seal) A V JUN 2 2020 rs— WHEN RECORDED MAIL TO: CITY OF ARCADIA 240 WEST HUNTINGTON DR. ARCADIA, CA 91066-6021 ATTN: CITY CLERK'S OFFICE RE: RECORDED DOCUMENTS FOR REFERENCE ONLY 20200567317 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. Devling DECLARATION AND COVENANTS