The URL can be used to link to this page

Home My WebLink AboutD-2140 .- City Clerk City of-Arcadia P.O. Box 60 Arcadia, CA 91006 COVENANT AND AGREEMENT TEMCO INVESTMENTS, INC., a Limited Partnership, MICHAEL F. as "Declarantsll, hereby declare California Corporation, TEMCO LIMITED, a California ROBERTS, JAMES C. DOBSON, all hereinafter referred to as follows: I FEE $ IJ.~I W . 1. That Dec1arants TEMCO INVESTMENTS, INC. and TEMCO LIMITED are owners of an undivided one-half interest as tenants in common, MICHAEL F. ROBERTS, a married mad, is an owner of an undivided one-fourth interest as his separate property, and JAMES C. DOBSON, a married man, owner of an undivided one-fourth interest as his separate property, all as tenants in common of the following described real property in the City of Arcadia, County of Los Angeles, State of California: Lots 5, 6, and 7 in Block 2 of Tract No. 4129, as per Map recorded in Book 75, pages 48 and 49 of Maps, in the Office of the County Recorder of said County. 2. Declarants hereby covenant and agree that in consideration of the granting by.-" the City of Arcadia of permission to Declarants to erect a building on Lots 6 and 7 without all the parking thereon required by the City of Arcadia zoning ordinance, that pursuant to aforesaid zoning ordinance, Lot 5 shall be deve1~ped, kept, held, used, and maintained solely and exclusively' for parking for the benefit of the building erected on Lots 6 and 7. 3. This Covenant and Agreement shall burden Lot 5 and on behalf and for the benefit of Lots 6 and 7 and the public street and right-of-way adjacent and contiguous to Lots 5, 6 and 7 dedicated to the City of Arcadia for streets and highways purposes, and shall inure to the owners of fee title interest of Lots 6 and 7 and the City of Arcadia and their heirs, administrators, successors and assigns, and this Covenant and Agreement shall run with Lot 5 and shall be binding upon the heirs, successors and assigns of the Declarants, and may be released in writing by the City of Arcadia. 4. Lots 5, 6 and 7 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, convey or assign less than all three lots shall be a nullity and of no effect and the City of Arcadia is hereby authorized to bring an action in a competent court to set aside and have declared null and void such attempted sale, conveyance or assignment. 5. If this Covenant and Agreement is breached by Declarants or their heirs, administrators, successors or assigns, City of Arcadia is hereby authorized to bring an action in a court of competent jurisdiction to enforce this Covenant and Agreement. In the event of such legal actions, Declarants or their heirs, administrators, successors or assigns shall be liable for the reasonable attorney's fees of City of Arcadia. 6. Declarants agree to notify their assignees and successors in '.int<;.rest in, Lots 5, .6 and 7.."f'.this -CovenilUt, and Agreement. 7. The City of Arcadia in its capacity as an owner of land benefited by this Covenant and Agreement and in its capacity as the legal representative of the residents of the City of Arcadia, is hereby authorized to enforce the provisions of this Covenant and Agreement. 8. 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 A@reement. IN WITNESS WHEREOF, Dec1arants have executed this instrument on the date shown opposite their signatures. .- RECORDS offICIAL Cl\Uf. r- RECOROE~~LES COUN1"t. Of LOS DEe 15 1960 4, Min. 8 A.M. pas\ 'strar.RecOrder Reg\ -1- \ - - .' 1 o -"""-.. ... '~\. . ' " , ",. J v f1Declarants" TEMCO INVESTMENTS, INC. Dated: November 19, 1980 By ~~\K\ l'I ~4~';11--p President Dated: November 19, 1980 By ~~~~~;. , Secretary '- . , \ [CORPORATE Slt'.l.] " TEMCO LIMITED Dated: )/-N-.PO ~m~tV) e-~\~~ Thomas E. Mills General Partner By Dated: //-/7-Y'J Dated: 1/- /'/ - ;>0 CKNOWLEDGMENTS] CONSENT AND SUBORDINATION TO THIS COVENANT AND AGREEMENT 2/J - / ')..n/J:f I b {4 lb 19"" CA (874) (Corporation) " , STATE OF CALIFORNIA , COUNTY OF Los Angeles , OJ1 November 18, 1980 before me, the undersigned, a Notary Pubhc in and for saId State. personally appear." Thomas E. Mi 11 s known to me to be the PreSIdent, an" Elbert E. Souders known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the withm Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of Its board of directors 80- } &S. 1256216 .=:~:ANce f '.~ " :.f ~ ~ ~ x ~ ~ ~ ~ ;:. \} " . ~ . , . '.' . WITNESS my hand and official seal. OFFICIAL SEAL BARBARA S BOSS NOTARY PUBLlC.CAlIFORNIA PRINCIPAL OffiCE IN LOS ANGELES COUNTY My CommisSIon Expires Jan 18, 1984 Stgnaturel'a ~ y. E3 (}-"J.4,.... if' f (Th15 area for otfiC:LaI notanal seal) IV 1ll4::l l,;"" (1::1.74) '(Corporation) I " Sf ATE OF CALIFORNIA } ~O- 1256216 ! COUNTYOF ~::In Rprn::lrdino , OIl December 8. 1980 before me, the undersigned, a Notary Public 10 and for said ,'t State, personally appeared CARLOS RAZ 0 -- -- -- - - - - - -- - -- - -- -- -- -- - -- - -- - -- - - - - - - -- )mown to me to be the Assistant Vice PreSident, and FRED H. TAKENAGA -------- known to me to beAs..sis tan t Vi c" Pres. I;;J,Jrititt! of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therem named, and acknowledged to me that such corporation executed the wtthlO instrument pursuant to its by~laws or a resolution of i Its board of directors. 'WITN ESS my hand and official seal. , , , w ~ w . w ~ a < .. m i'~ , '" j " ;t'~, //7:,,<../ , '...; SlgnaturQ--13.; , ) ~TITleINSURANce =.:II AND TRUST 1 ... nCOR COMPANY OFFICIAL S2AL BESSIE E SANDliN NOTAl"( PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY My comm expires MAR 31, 1981 (This area for official notanal seal) (0'.5::':':1 .\::n SL'JOR:H';.\TIC::.~O ~:IS COVENANT A}m AGREEMENT ! " . BANK OF AMERICA llT&SA , .:l r,111;Cr:li.::I Cor!,>or:ltlC'n. .1S holJcr of the h~netici.ll,intcrcst \lnder that cL:rL.:1in D('l2o nf Trll~;l and ,\ssi;:nnl2nt of Rents (t:1C "DC0J llf Tr-nst."), f1:1dc as of December 2, 198:J , ,lnlOn;; TEMCO Investments, Inc., James C. Dobson &.Mlchael F. RobeBtsTrustors, and BANK OF k~ERICA NT&SA as 'frustee, recorded December 5, 1980 , :IS Instrument No.x. 80-1222966 Los .\..nc;clcs Count\. OffIcial Records, for :lno in consHler.:ltion of the gr.:lnt or the I ) \ J . 1. .~ . covenant described in this attachment Ju C~C}l IlCrci)y (1) cons~nt to tIle executlon and dellvery by Trustors .' , to the City of Arcadia of this covenant , .:lnd (ii) covenont and agree that the interest of Bauk of America NT,;SA in and to Property, described in tllis covenant and aqreement , shall be subject and subordlnate to the Deed of Trust dcscribed in the attac:1ed covenant Ii and that said covenant shall be charges and encumbrances on aforesaid Property prior and superior to Trustee's ." ~ interests in aforesaid Deed of Trust and to the ,', I . lien of aforesaid Deed of Trust. . ~f IN HITNESS HHEREOF, )( BANK OF AMERICA NT & SA has executed this Consent and Subordinatlon to this Covenant on the date written below. I '- :~ (. #Dated: December 8, 1980 BU (J~ iZ~ Car 10s Razo Tit1eK Assistant Vice President , . I ",' "(CORPORATE SEAL) By President , . (CORPORATE ACKNOllLEDG:1ENT) APPROVED AS TO FO~~: of Arcadia 80- 1256216 Consent and Subordination ~ Corporate Beneficiary (\ ACA 12/RO '" { STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this /<j tf day of ;!Iov""",, he- It. , 19 to , before me, the undersigned, a Notary Public in and for said County and , State, personally appeared THOMAS E. MILLS, a General Partner, known to me to be the person whose name is subscribed to the within instrument, known to me to be the general partner of the limited partnership that executed the within instrument on behalf of the limited partnership named, and acknowledged to me that said limited partnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL BARBARA S. BOSS NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires Jan 18, 1984 8.~ ---2, 15 <'<1A-- Notary Public (Official Notarial Seal) 80- 1256216 ACA 10/79 Limited Partnership , .. r' STATE OF CALIFOfu~IA ss. COUNTY OF LOS ANGELES On this I7K day of #0 v E' WI be It.. , 19 yu before me, (j'HI, ban 0.. S'. g c>, <; , a Notary Public in and for said County and State, personally ~ppeared MICHAEL F. ROBERTS. an individual , known to me to be the person whose name is subscribed to the within instrument; and acknowledged to me that h f' executed the same. WITNESS my hand and official seal. OFFICIAL SEAL BARBARA S, BOSS NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires Jan 18. 1984 t3~ --2,f3~ Notary Public (Official Notarial Seal) ACA 10/79 Individual 80- 1256216 . 7 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this /</;/. day of ;VOLlf'n, bel<.. , 19 fO before me, , a Notary Public in and 8a. .c J,... "6-- S. 13 0.55 unty and State, personally appeared , known to me to be the to the within instrument, and acknowledged to me that }., e- executed the same. WITNESS my hand and official seal. OFFICIAL SEAL BARBARA S, BOSS NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My CommissIon Expires Jan 18. 1984 1 I _~ -2. 8~ Notary Public (Official Notarial Seal) ACA 10/79 Individual 80- 1256216 . .. I 80- 1256216 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 December 10 1980 , from or executed by Thomas E. Mills. Michael F. Roberts, James C. Dobson, * ,is hereby accepted' by the City of Arcadia by the order or authorization of the City Council of the City of Arcadia. 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 aut ze fficers. ~i~~/ * also Temco Investments, Inc., and Teroco Limited. T