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HomeMy WebLinkAboutD-2110 . :. -\ , ?-:::CORDING REQUESTED BY AND \\':-l2N RECORDED ['\AIL TO 79-1219851-- 0<- I I -/v/ 1) ~:1' .( .,...... ~ , I..: __t .. ci ty ClerK " City of Arcadia P. O. Box 60 Arcadia, California 91006 RECORDE!, IN OFfICI~L' Ilf'CORDS . . OF LOS ANGErES COUNTY. ~ALlF. 27 ~~ 10 A M. OCT 30 1979 Registrar.Recorder I COVEN.~.NT AND AGREEHENT TO DEVELOP ~~D HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE ~RD ADEQUATE CONSIDERATION, receipt of which is hereoy acknowledged, Roman Catholic Archbishop of Los Angeles, a corpora tion sole - , . h.ere~nafter referred to collectively as "Covenantor" hereby declares ~t ~s the owner ,of that certain real property located in the City of Arcadia, County of Los Angeles, State of California, legally des- crioed as follows: As set forth on Exhibits A which are by this reference incorporated herein all of h'hich 'afor'edescribed is hereinafter referred to COllectively as the "Affected Land", hereby agree and covenant with the City of Arcadia, a Municipal Corporation (hereinafter referred to as the "Covenantee") on behalf of and for the benefit of the Covenantee's land, which is the public street and r~ght-of-way adjacent and con- tiguous to the Affected Land, and on behalf of and for the benefit of the "Benefitted Land" which consists of and includes all the public and private land located within 500 feet of the Affected Land, as follows: 1. The Affected Land shall be held and developed as one parcel and no portion thereof shall be voluntarily or involuntarily sold, conveyed or assigned separately or legally divided until released in writing by the City of Arcadia. Any attempt to sell, conveyor assign less than the entire parcel shall be a nullity and of no effect and the Cqvenantee is hereby'authorized to bring an action in a competent court to set aside and have declared null and void such attempted sale, conveyance -1- " , ~ , 79-1219851 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a Municipal Corporation, by the deed, grant, conveyance or instrument dated ()t't-nhPT '2<l 1979 ' , from or executed by W"mrln Catholic Archbishop of Los Angeles , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of A,cadia, contained in Resolution No. 2963, adopted January 21, 1958, and recorded in the office of the Recorder of Los Angeles County on January 29, 1958, as instrument No. 3069 in Book 56448, Page 264, Official Records of Los Angeles County; and the City of Arcadia consents to the recordation thereof by its duly authorized officers. al!~ City Engineer Th - . J or assignment. In Covenantors or its for the reasonable the event of such legal actions, successors or assigns shall be liable attorneyl~ fees of C~v~nantee. 2. . This Covenant and Agreement 'is for, the benefil 'of the land of and shall inure to the benefit of the Covenantee and its heirs, successors and assigns and is for the benefit of and shall inure to the benefit of all the Benefitted Land and the heirs, successors and assigns of the owners of the Benefitted Land, and this Covenant and Agreement shall run with the land and shall be bind- ing upon the heirs, successors and assigns of the Covenantors. 3. The City of Arcadia in its capacity as Covenantee and in its capacity as the legal representative of the residents of the City of Arcadia and more particularly as the legal representative of all the owners of the Benefitted Land is hereby authorized to enforce the provisions of this Covenant and Agreement. 4. If any section, subsection, sentence, clause, phrase or portion of this Covenant and Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Covenant and Agreement. IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown opposite its signature. "COVENA..\1TOR - Roman Caj;Jnolic Los An 6fles, a Archbishop of corpora on sole Dated @vt, ;( "7, 1"77 r b orney in Fact '.. Dated \~, Dated Dated ,. Dated .... .. "COVENANTEE" City of Arcadia Dated Qa12it /77 APPROVED AS TO " 79-1219851 of Arcadia -2- '-, I ~, 79-1219851 jt STATE OF CALIFORNIA I COUNTY OF LOS ANGELES 55, On this ,?,~.~~......day of .,~.......,.., ,.., 19,:1.,9." before me, the undersigned, a Notary Public in and for the said County of Los Angeles, residing therein, duly commissioned and sworn, personally appeared BENJAMIN G, HAWKES, known to me to be the attorney in fact for The Roman Catholw Archbishop of Los Angeles, a corporation sole, and that as such attorney in fact he executed the within instrument on behalf of the corporation sole. €I". - ... . 'No,,,,,, OFFICIAL SEAL ETHEL V. BOSSERT NOTARy' P,J3UC - CALIFORNIA PRll.C.~''\:_ OFFICE IN LO:; ANGElES COUNTY My CommiSSion Expires August 3, 1981 .. In WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said County the day and year in this certificate first above written. I " (Seal) ,:.......ci~,!!...d..~,....~,~..~ ..,..............., Notary Public in and for the County of Los Angeles, State of California --- 3 STATE OF CALIFORNIA ) ) ) ss. COUNTY OF LOS ANGELES On October 29 ,1979 ,before me, the Public in and for said County and State, LYLE W. ALBERG , known to of the City undersigned, a Notary personally appeared me to be the CITY'MAlTAe'ER . of Arcadia, a Municipal Corporation, the Corporation that executed the within instrument on behalf of the Corporation herein named and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. ~ Notary Public (Official Notarial Seal) ".... ~ OFFICIAL SEAL CHRISTINE VAN MAM,EN G : NOTARY PUBLIC - CAUFO~ ;'I.I;\, . LOS ANGRES COUNTY ' , ." My comm. expires JUN 27. 19~ ~ ~.. ..-.--..... ~ 240 W. Huntington lIri,.. AlClldia, CA 91006 ACA 10/79 City Manager 79-12-1 ();';::--'l ",_.d.l. ~ ~ " '.' Parcel ia: That portion of the Rancho Santa Anita, in the City of Arcadia, in the County of Los Angeles, State of California, described as follows: Beginning at the northwest corner of Lot 16 of Tract No. 3430, as per map recorded in Book 42 Page 32 of Maps, in the Office of the County Recorder of said county; thence northerly along the prolongation of the westerly line of said lot, 40.09 feet to the north line of the 40 foot strip of land conveyed to San Gabriel Valley Rapid Transit Railway, a corpora- tion, by deed recorded in Book 444 Page 283 Deeds, records of said county; thence easterly along said north line 69.23 feet, more or less, to the east line of the west 38.50 feet "measured at right angles" of Lot 30 of Tract 2828, as per map recorded in Book 33 Page 63 of Maps, in the Office of the County Recorder of said county; thence southerly along the prolongation ~f said east line 40.09 feet to the southerly line of the aforementioned 40 foot strip of land; thence westerly along said southerly line and the northerly line of said Lot 16, 69.23 feet, more or less, to the point of beginning. Parcel Ib: That portion of the Rancho Santa Anita, in the City of Arcadia, in the County of Los Angeles, State of California, described as follows: Beg~nning at the northwest corner of Lot 16 of Tract No. 3430, as per map recorded in Book 42 Page 32 of Maps, in the Office of the County Recorder of said county; thence northerly along the prolongation of the westerly line of sa~d lot, 40.09 feet to the north line of the 40 foot strip of land conveyed to San Gabriel Valley Rapid Railway, a corporation, by deed recorded in Book 444 Page 283 Deeds, records of said county; thence easterly along said north line 69.23 feet, more or less, to the east line of the west 38.50 feet "measured at right angles" of Lot 30 of Tract No. 2828, as per map recorded in Book 33 Page 63 of Maps, in the Office of the County Recorder of sa~d county; said po~nt being the true po~nt of beginning; thence continuing easterly along said north line 100.86 feet to the southerly prolongation of the westerly line of the easterly 5 feet of said lot 30; thence southerly along said westerly line 40.09 feet to the southerly line of the aforement~oned 40 foot str~p of land; thence westerly along said southerly line and the northerly line of said Lot 16, 100.86 feet, more or less, to the southerly prolongation of the east line of the west 38.50 feet "measured at right angles" of Lot 30 of Tract No. 2828; thence northerly along said southerly pro- longat~on 40.09 feet to the true point of beginning. Parcel 2: That portion of Lot 30 of Tract No. 2828, in the City of Arcadia, in the County of Los Angeles, State of California, as per map recorded in Book 33 Page 63 of Maps, in the Office of the County Recorder of said county, described as follows: Beginn~ng at the intersection of the westerly line of the easterly 5 feet of said lot with the north line of the south 30 feet of said lot; thence parallel with the south line of said lot, south 860 10' 10" west 100.86 feet, more or less, to the east line of the west 38.50 feet "measured at right angles" of said lot; thence north along said east line 12.21 feet, to the southwesterly corner of the land described in deed to MARK IV PROPERTIES, INCORPORATED, recorded on March 17, 1978 as Instrument No. 78-280527; thence south 870 12' 32" east 100.75 feet to the westerly line of the aforementioned 5 foot strip; thence southerly along said westerly line 0.58 feet to the point of beginning. Parcel 3: The southerly 30 feet of Lot 30 of Tract No. 2828, in the City of Arcadia, in the County of Los Angeles, State of California, as per map recorded in Book 33 Page 63 of Maps, in the Office of the cou~ty Recorder of said county. EXCEPTING THEREFROM the westerly 38.5 feet, measured at right angles to the west line. ALSO EXCEPTING THEREFROM the easterly 5 feet of said lot, measured at right angles to the east line ,of said lot. ;~ '- '79-1219851 ,J v -' " EXHIBIT "A"