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HomeMy WebLinkAboutD-2917 p --2.6q11 Recording Requested By: STEWART TITLE When Recorded Mail To: COPYf Document Recorded R MACMILLAN At LA County Recorder E CHEN l� 56to U SAICP LLC Has not been compared with original. 119A LA FORTE ST Original will be returned when ARCADIA CA 91006 processing has been completed. APN:S775-024-919 SPACE ABOVE FOR RECORDER'S USE CITY OF ARCADIA GRANT DEED PART ONE FOR A VALUABLE CONSIDERATION of$1,000,receipt of which is hereby acknowledged CITY OF ARCADIA,a Municipal Corporation ("Grantor") hereby REMISES,RELEASES AND GRANTS to: SAICP, LLC, a California limited liability company ("Grantee") the real property situated in the City of Arcadia, County of Los Angeles, State of California, legally described in EXHIBIT "A" attached hereto and by reference incorporated into this Grant Deed (the "Property"). Collectively, Grantor and Grantee may be referred to herein as the "Parties." The undersigned grantor(s)declare(s)that documentary transfer tax is$1.10. APN 5775-024-919 GRANT DEED - 1 - gd__rcadia_to_saicp.2f PART TWO The Grant of the Property by Grantor to Grantee in Part One is subject to the following terms,conditions and covenants: 1. The Property is conveyed pursuant to that certain "Agreement for the Purchase and Sale of Certain Real Property and for Restrictive Covenants"dated May 3, 2018, between Grantor and Grantee(the"Agreement"). 2. Upon recordation of this Grant Deed, Grantee shall be in possession of and responsible for maintenance of the Property. 3. Concurrently following the recordation of this Grant Deed,Grantee shall execute and record a"Grant and Declaration of Public Art Space Conditions, Covenants and Restrictions" in the form attached to the Agreement as"Exhibit`B"thereto. 4. Grantor understands and agrees that the following shall be covenants,conditions and restrictions on the Property which shall run with the land: a. The Parties acknowledge that the Property is located in a prominent location in the City of Arcadia which is seen by thousands of people on a regular basis. The Parties also acknowledge that the proposed development project for the land adjacent to the Property will benefit by the Property being maintained in a condition as to make it attractive to all who pass by the Property and the adjacent parcels of land. b. In order to maximize the long-term benefits to City and to Grantee, its successors and assigns, the Parties agree that it is best that the Property be kept free of buildings, and that it be appropriately landscaped/hardscaped in a manner approved by City and that it have on it a work of art in the form of a work of public art which will be attractive to those who view the Property(the"Public Art"). c. Grantor agrees that City will have a design competition with a theme of "Hometown Heroes" to select the Public Art, and that the competition shall involve the Art Department at Arcadia High School. The Public Art shall be of a size which is significant enough to be viewed clearly from the public rights-of-way yet not to overwhelm the corner landscaping, and shall be no larger in dimension than twelve(12)feet high and ten(10)feet wide, including any pedestal or other mounting method. d. Upon City's selecting the winner of such design competition, in its sole and absolute discretion, Grantor will coordinate with City for Grantor to pay for the cost of the Public Art (up to a maximum of$75,000.00), and for the installation and ongoing annual maintenance of the Public Art. The Public Art will be installed in coordination with City as soon as the Property has been landscaped. The Public Art shall be illuminated appropriately.The Public Art shall be a permanent installation. Once installed, the Public Art may never be removed without the express written permission of City. APN 5775-024-919 GRANT DEED -2 - gd_arcadia_to_saicp.2f.docx IN WITNESS WHEREOF,this instrument is executed this 7 +h day of Tu rl e_ ,2018,by: GRANTOR: CITY OF ARCADIA, a Municipal Corporation By: ) DOMINIC LAZZ O, City Manager (Please Attach Proper Notary Certificate(s)of Acknowledgment) APN 5775-024-919 GRANT DEED -3 - gd_arcadia_to_saicp.2f 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'3"-tine 7, 2Oi s before me, •• . !,.. . - L ► .. personally appeared Onm i,n t I<a Z ov f'P o who proved to me on the basis of satisfactory evidence to be the person(yt)whose name(y) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her their authorized capacity(ies), and that by his/her/their signature(e) on the instrument the person(e), or the entity upon behalf of which the person(e) 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. !1N ROORIOUEi ,'fir Notify Public•California 11 Los Anglin County : 0,j Commission M 2212889 Comm.E cos Oct 4,2021 Signature: This area for official notarial seal CERTIFICATE OF ACCEPTANCE OF CITY OF ARCADIA GRANT DEED The undersigned hereby acknowledges acceptance by SAICP, LLC, a California limited liability company, the,Grantee, in the City of Arcadia Grant Deed, of the delivery of the subject Property described in the City of Arcadia Grant Deed, subject to all of the terms, conditions and covenants expressly set forth or incorporated within the City of Arcadia Grant Deed. SAICP, LLC a California limited liability company Date: it// 30 j4(2 ,2018 By: II ERIC CHEN (!) Manager GRANT DEED -4- gd_arcadia_to_saicp.2f.docx 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 zzd .) I 8• before me, k/pi Ma,/ t 011 zr r PIA4A1C personall appeared &ri G (Ji-if) 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 he/she/they executed the same in his/her their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)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. COMM.I#A 2WAN 8 ; NOTARY PUBUC•c.cuaRm LOS ANGELES COUNTY 0 � `!!�C0A1.EXPIRES SEPT.2e,2019.' Signature: This area for official notarial seal EXHIBIT "A" TO CITY OF ARCADIA GRANT DEED Legal Description Real Property in the City of Arcadia, County of Los Angeles, State of California, described as follows: THAT PORTION OF LOT 5 OF TRACT NO. 949, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 5, DISTANT THEREON SOUTH 38° 33' WEST 63.93 FEET FROM THE MOST EASTERLY CORNER THEREOF, SAID POINT OF BEGINNING ALSO BEING THE INTERSECTION OF A LINE PARALLEL WITH THE DISTANT SOUTHERLY 50 FEET FROM THE CENTER LINE OF HUNTINGTON DRIVE, AS NOW ESTABLISHED, 100 FEET WIDE AND SAID SOUTHEASTERLY LINE OF SAID LOT 5; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 38° 33' WEST 100 FEET; THENCE NORTH 51° 27' WEST 125.49 FEET TO SAID LINE PARALLEL WITH AND DISTANT SOUTHERLY 50 FEET FROM THE CENTER LINE OF SAID HUNTINGTON DRIVE, THENCE ALONG SAID PARALLEL LINE EAST 160.46 FEET TO POINT OF BEGINNING. Also Known as: VACANT LAND ASSESSOR'S PARCEL NO. 5775-024-919 on and at the intersection of WEST HUNTINGTON DRIVE and EAST HUNTINGTON DRIVE, ARCADIA, CALIFORNIA 91007 AP#. 5775-024-919 f.- u' .f.,.,,.,-,1 i,. ra,, LS 8766 1�141IS°P Legal Description EXHIBIT "A" RECORDING REQUESTED BY COPY1 Document Recorded AND WHEN RECORDED MAIL TO: County Recorder SAICP LLC 13 2018 - 581:11( 119A La Porte Steet Has not been compared with original. Arcadia,CA, 91006 Original will be returned when Attention: processing has been completed. (Space Above Line for Recorder's Use Only) GRANT AND DECLARATION OF PUBLIC ART SPACE CONDITIONS,COVENANTS AND RESTRICTIONS This Grant and Declaration of Public Art Space Conditions, Covenants and Restrictions (the "Declaration")is made as of April 27, 2018 by SAICP LLC,a California limited liability company ("Declarant"). A. Declarant is the fee owner of a parcel of real property located in the City of Arcadia (the "City"), County of Los Angeles (the "County"), State of California generally described as 100 W. Huntington Drive, Arcadia, California, which is a vacant lot containing approximately 6,273 square feet (the "Property"), which is identified by the Los Angeles County Assessor's Office as Assessor's Parcel Number 5775-024-919 ("the Parcel"). The Parcel is more particularly described in Exhibit"A"which is attached to this Declaration as Exhibit"A"and made part hereof. As used herein,the term "Declarant"means SAICP, LLC and any other person or legal entity who or which acquires any form of legal or equitable title to the Parcel whether by grant, foreclosure, lien, lease, license,easement or otherwise. B. Declarant has acquired title to the Parcel from the City of Arcadia, California (the"City"). As part of that acquisition, Declarant has agreed that: 1. The Parcel is located in a prominent location in the City which is and will be seen by thousands of people on a regular basis. The proposed development project for the land adjacent to the Parcel will benefit by the Parcel being maintained in a condition as to make it attractive to all who pass by the Parcel and the adjacent parcels of land. 2. As part of the purchase of the Parcel, the Declarant and the City agreed that it is best that the Parcel be kept free of buildings,and that it be appropriately landscaped/hardscaped in a manner approved by City and that it have on it a work of art in the form of a work of public art which will be attractive to those who view the Parcel(the"Public Art"). 3. The Declarant has further agreed with the City that it will pay a specified and agreed sum for the installation and ongoing annual maintenance of the Public Art. The Public Art will be installed in coordination with City as soon as the Parcel has been landscaped, and shall be illuminated appropriately as a permanent installation. The Declarant has further agreed that once it is installed,the Public Art may never be removed without the express written permission of City. #I56236 v8 9999.1 1 C. Declarant desires to enter into and record this Declaration for itself, its successors and assigns to declare that the Parcel is to be held, sold, leased and conveyed subject to the covenants, conditions and restrictions herein declared and which covenants, conditions, and restrictions shall be in full force and effect in perpetuity. NOW, THEREFORE, Declarant hereby declares, for itself, its successors and assigns,the covenants,conditions and restrictions over the Parcel,which shall be appurtenant to the Parcel when conveyed in any manner,as follows: !. Declaration of Covenants. Conditions and Restrictions. Declarant declares that the following covenants,conditions and restrictions shall hereafter perpetually bind the Parcel: (a) The Parcel shall be perpetually used solely for the display of the Public Art, and the Public Art may not be thereafter removed or altered without the express written consent of the City; (b) The Parcel shall be hardscaped and landscaped in a manner acceptable to the City and shall thereafter be maintained in first class condition by the Declarant; and, (c) The Parcel will be kept free of buildings and any other types of structures. 2. Public Benefit. This Declaration is made for the public benefit of the City. 3. Enforcement and Remedies. The provisions of this Declaration, and the conditions, covenants and restrictions declared, established and created herein may be enforced by the City in proceedings at law or in equity,including without limitation: (a) Right of Action. All actions at law for damages, and/or all equitable remedies shall be available to redress or to prevent violation of any provision,easement, covenant, condition,or restriction of this Declaration. (b) Nuisance. To the full extent permitted by applicable law,the result of every act or omission whereby any provision, easement, covenant, condition, or restriction of this Declaration is violated, in whole or in part, is hereby declared to be and does constitute a nuisance. and every remedy allowed by law or equity against a private nuisance shall be available to redress or prevent every act or omission with such a result. 4. Covenants, Conditions and Restrictions to Run with the Parcels. The covenants, conditions and restrictions declared in this Declaration shall be interests in the Parcel. The rights and obligations provided in this Declaration shall be appurtenant to and shall run with the Parcel in perpetuity, and the benefits and burdens of this Declaration shall bind and benefit all parties having or acquiring any right,title or interest in the Parcel, or any part of the Parcel. Upon recordation of this Declaration, every person or entity that now or hereafter owns or acquires any right,title or interest in or to all or any portion of the Parcel is and shall be conclusively deemed to have consented and agreed to every provision of this Declaration, and every easement, covenant, condition, and restriction created by this Declaration, whether or not any reference to this Declaration is contained in the instrument by which such person or entity acquired such interest in #156236 v8 9999.1 2 such Parcel. This Declaration may never be amended, modified or terminated without the express written consent of the City, which may be withheld by it in its sole discretion. 5. Assignment. Declarant may assign all or any of its rights or obligations under this Declaration at any time to any successor in interest in all or any portion of the Parcel (a"Successor"). Upon any assignment of rights or obligations by Declarant or a Successor as permitted above, Declarant or such Successor may retain such of its rights and obligations, if any, under this Declaration as Declarant or such Successor may desire, with the right to assign such rights and obligations to a Successor in one or more further assignments from time to time in the future. Any and each such assignment of rights or obligations to a Successor pursuant to this Section shall be evidenced by a writing recorded in the Official Records of the County, which shall include a written acceptance of such rights and assumption of such obligations on behalf of the Successor. Upon a Successor's assumption of an obligation of Declarant under this Declaration, Declarant (or the assigning Successor, as applicable) shall have no responsibility for any further performance of such obligation, but shall remain liable for such performance and breaches occurring during the period that Declarant (or such assigning Successor, as applicable) held such obligation hereunder. 6. Miscellaneous Provisions. (a) Cumulative Remedies. All rights, options and remedies declared herein are cumulative and no one of them shall be exclusive of any other. The Declaration may be enforced by pursuit of any one or all of the rights, options, and remedies available pursuant to this Declaration,or any other remedy or relief provided by law. (b) Notices. Any notice,request,demand,consent,approval,payment, or other communication required or permitted to be made hereunder or by law shall validly be given or made only if in writing and delivered in person to an officer or duly authorized representative of the addressee, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, and directed to the addressee for whom intended at an address furnished by addressee for the purpose of such communications. If no address is provided, communications may be delivered to the principal office or place of business of the addressee. (c) Attorneys' Fees. In the event of any controversy, claim or dispute relating to this Declaration or the breach thereof, the prevailing party shall be entitled to recover from the losing party expenses,attorneys' fees and costs actually and reasonably incurred. (d) Captions. The section headings used in this Declaration are for convenience only,and do not modify,alter,or add to the terms in the Declaration. (e) SeverabiliR. If any term, provision, easement, covenant or condition of this Declaration is held to be invalid, void or otherwise unenforceable,to any extent,by any court of competent jurisdiction, the remainder of this Declaration shall not be affected thereby, and each term, provision, easement, covenant, condition, or restriction of this Declaration shall be valid and enforceable to the fullest extent permitted by law. (f) Governins; Law. This Declaration shall be construed and enforced in accordance with the laws of the State of California. #156236 v8 9999.1 3 (g) Waiver. The waiver of any breach of any provision, easement, covenant, condition or restriction of this Declaration by the City or its successor shall not be deemed to be a waiver of such right or of any preceding or subsequent breach of the same or any other provision,easement,covenant,condition or restriction. 7. Equitable Servitudes. Each of the conditions, restrictions, and covenants set forth herein above are equitable servitudes and shall run with the land and be binding on the parties hereto and on their successors-in-interest as owners of any real property interest in all or any portion of the Parcel. 8. Representation of Authority. Declarant represents that the person or persons executing this Declaration on its behalf has the legal authority to do so, and Declarant waives any right to contest this Declaration based upon a claim that the signatory lacked the requisite authority. IN WITNESS WHEREOF, Declarant has executed this instrument as of the day and year first above written. SAICP LLC, a California limited liability company, By: — Its:_ _ #156236 v8 9999.1 4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the 1 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 04-27-2018 before me,KE JIA WAN _ , a Notary Public, personally appeared _Eric Chen , 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)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. - _ rte`V KE JIA WAN COMM.#2125668 NOTARYPUSUC•CAl1FOpUUA 0 w LOS ANGELES COUNTY 0 - r•, COMN.EXPIRES SEPT.28,2019" Signature - H156236 v8 9999.1 5 EXHIBIT"A" LEGAL DESCRIPTION THAT PORTION OF LOT 5 OF TRACT NO. 949, IN THE CITY OF ARCADIA,COUNTY OF LOS ANGELES,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 17, PAGE 13 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 5, DISTANT THEREON SOUTH 38°33'WEST 63.93 FEET FROM THE MOST EASTERLY CORNER THEREOF, SAID POINT OF BEGINNING ALSO BEING THE INTERSECTION OF A UNE PARALLEL WITH AND DISTANT SOUTHERLY 50 FEET FROM THE CENTER LINE OF HUNTINGTON DRIVE, AS NOW ESTABLISHED, 100 FEET WIDE AND SAID SOUTHEASTERLY LINE OF SAID LOT 5;THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 38°33'WEST 100 FEET;THENCE NORTH 51°27' WEST 125.49 FEET TO SAID LINE PARALLEL WITH AND DISTANT SOUTHERLY 50 FEET FROM THE CENTER UNE OF SAID HUNTINGTON DRIVE;THENCE ALONG SAID PARALLEL UNE EAST 160.46 FEET TO THE POINT OF BEGINNING. APN: 5775-024-919