HomeMy WebLinkAboutResolution No. 91-R630 0
RESOLUTION 91-R63
RESOLUTION OF THE AZUSA REDEVELOPMENT
AGENCY BOARD OF DIRECTORS APPROVING AN
AMENDED DECLARATION OF COVENANTS AND
RESTRICTIONS AFFECTING REAL PROPERTY BY AND
BETWEEN THE AGENCY AND DEUTSCH COMPANY.
WHEREAS, the Agency and Deutsch Company have previously entered into an
Owner Participation Agreement for the rehabilitation of the 10.6 acre site at the
northwest corner of Fifth Street and Virginia Avenue;
WHEREAS, the project has been completed in accordance with the development
standards outlined in the Owner Participation Agreement; and
WHEREAS, the Deutsch Company has asked that the Agency release a condition
of the Owner Participation Agreement which required a covenant to tie Parcels 2,3, and
4 of the development for the purpose of providing each of the individual lots access to
parking on the other two.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the
Redevelopment Agency of the City of Azusa as follows:
SECTION 1. The Board of Directors of the Redevelopment Agency of the City
of Azusa hereby approves a Certificate of Completion.
SECTION 2. The Board of Directors releases the Deutsch Company from
the covenant requiring Parcels 2,3, and 4 to be tied together on the condition a
Reciprocal Easement Agreement (REA) is recorded in substantially the form as attached
hereto as Exhibit "A", in order to ensure future owners will have reciprocal parking and
access rights across the two other lots.
SECTION 3. The Secretary shall certify the adoption of this Resolution.
APPROVED AND ADOPTED this 7th day of October , 1991.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Redevelopment Agency of the City of Azusa at a regular meeting thereof, held on the
7th day of October , 1991.
AYES:
BOARD MEMBERS:
NOES:
BOARD MEMBERS:
ABSENT:
BOARD MEMBERS:
• EXHIBIT A •
Recording Requested By:
REDEVELOPMENT AGENCY OF
THE CITY OF AZUSA
213 E. Foothill Blvd.
Azusa, California 91702
AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS
AFFECTING REAL PROPERTY
This DECLARATION OF COVENANTS AND RESTRICTIONS AFFECTING
REAL PROPERTY is made this day of 1991.
WHEREAS, Declarant is the owner of certain real property (hereinafter "the
Property"), legally described on Exhibit A, which is attached hereto and incorporated
herein by reference.
WHEREAS, the Property is located in the West End Redevelopment Project Area
of the Azusa Redevelopment Agency as adopted by Ordinance No. 2196 on November
28, 1983; and
WHEREAS, Declarant entered into an Owner Participation Agreement (hereinafter
"Agreement") with the Redevelopment Agency of the City of Azusa (hereinafter
"Agency") by which the Agency has approved the development by Declarant and
allowed Declarant to exercise certain rights with respect to the Site. Said Agreement
was recorded on January 4, 1991 as Instrument No. 90-10662 in the Office of the County
Recorder for Los Angeles County; and
WHEREAS, as part of the Agreement, Declarant agreed to record a Declaration
of Covenants and Restrictions Affecting Real Property (hereinafter "Original
Declaration"), said Original Declaration being recorded on December 4, 1989 as
Instrument No. 89-2084937 in the Office of the County Recorder of Los Angeles County;
and
WHEREAS, said Original Declaration released an existing covenant but imposed
a new covenant to consolidate parcels 2,3, and 4 as legally described on Exhibit B,
subject only to release by the Redevelopment Agency of the City of Azusa; and
WHEREAS, by entering into this Amended Declaration of Covenants and
Restrictions Affecting Real Property (hereinafter "Amended Declaration"), the Agency
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• (EXHIBIT A) •
agrees to release the covenant to consolidate parcels provided certain terms are fulfilled
by Declarant; and
WHEREAS, all other terms of the Original Declaration shall remain in full force
and effect;
NOW, THEREFORE, Declarant declares that the Property shall be held,
transferred, encumbered, used, sold, conveyed, leased and occupied subject to the
covenants and restrictions hereinafter set forth and that such covenants and restrictions
shall run with the land, binding future assignees and transferees as described in
paragraph 8 of the Original Declaration.
RELEASE OF COVENANT TO CONSOLIDATE PARCELS
Agency agrees to release the Covenant to Consolidate Parcels 2, 3, and 4 as
stipulated in Section 2 of the Original Declaration.
2. RECIPROCAL EASEMENT AGREEMENT
Declarant shall submit a reciprocal easement agreement to the Agency (REA)
which shall provide reciprocal parking and access across Parcels 2, 3, and 4. Said
REA shall also acknowledge that the use restrictions and development standards
of the Agreement are applicable to any individual owner of the subject parcels.
The REA shall provide that it may not be amended, terminated, or otherwise
modified without the express written consent of the Agency.
The REA shall encompass, among other items: the reciprocal easements in the
properties; parking for the site area, use, size and height limitations; standards of
operation and maintenance; public liability, fire and extended coverage insurance;
provisions regarding repair, maintenance, alteration and reconstruction;
condemnation clause; sign requirements; rules and regulations; and other items
generally covered in so-called REA's in California.
The REA shall be submitted to the Executive Director for his or her review,
comment and approval twenty (20) days prior to the final approval and execution
thereof and shall not be recorded until the Executive Director and Developer have
provided written approval. The approved REA shall be recorded concurrently
with this Amended Declaration.
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• (EXHIBIT A) •
All other terms of the Agreement and Original Declaration shall remain in full
force and effect.
DECLARANT: DEUTSCH COMPANY
a California Corporation
By
LE
AGENCY: REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA
e:\we\deutsch.dec
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Eugene F. Moses
Chairman
By
Adolph Solis, Secretary
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