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Home My WebLink AboutD-2153 . . REx.:OlilllNG J-'.l:;I.!U~::iTlill ;;Y ANU WHEN REOJRDED RE'lURN 'ill: City Clerk, City of Arcadia P.O. Box 60, Arcadia, CA 91006 <'D/-l-'- [ FREE: 'fG J , /'.1. COVENANT AND AGREEMENT TO MAINTAIN PARKWAY AREAS FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION in the form of approval of Tentative Tract Map 36277 by the City of Arcadia, receipt of which is hereby acknowledged, Subur~an Land Developers, Inc. hereinafter referred to as "Covenantor", hereby declares it is the owner ~ of that certain real property located in the City of Arcadia, County of ~~ Los Angeles,. State of California, commonly known as 1140-1150 West r Foothill Boulevard, I , i and a portion of which is legally described as follows: ~; , Lots 1, 2 and 5 of Tract No. 36277, as per ' Map recorded in Book 98~ Page 88&890f Maps, t r : in the office of the County Recorder of - 0 said County, '.: ~~ , u " ,- , u.~ RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 31 MIN. 1 P.M.JUL 241981 PAST. () ;:: i=... : r,::: ~ c.~ 'j '> all of which aforedescribed is hereinafter referred to collectively as the "Affected Land", hereby agrees and covenants 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, ',;l':.ich is the public street and right-of-way adjacent and contiguous 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. Covenantor agrees to landscape and maintain the privately owned and publically owned areas on the street-side of the perimeter walls adjoining aforedescribed ' Affected Land~-in a manner acceptable to the City of Arcadia. Covenantor further agrees that in the event afore- described landscaping is not installed or maintenance is not performed in a manner acceptable to the City of Arcadia, that the City of Arcadia may perform the maintenance hereinabove set forth and assess whichever aforedescribed Lots 1" '2 ;-;and' 5 which maintained area is adjacent to for the costs of said maintenance. Covenantor agrees said costs shall become a lien on aforedescribed lots in the event the City is not reimbursed upon request for said maintenance costs. , - , 2. In addition to other remedies available to Covenantee, if this Covenant and Agreement is breached by Covenantor or its successors or assigns, Covenantee is hereby authorized to bring an action in a court of competent jurisdiction to enforce this Covenunt &nd Agrc2ffi~~t. I~ the event of such legal actions, Covenantor or its successors or assigns shall be liable for the reasonable attorney's fees of Covenantee. 3. Covenantor agrees to notify its assigns and successors in interest in Affected Land of this Covenant and Agreement. RECORDER'S MEr-10: POOR nECDRD IS DUE TO QUALITY OF ORIGINAL OOCUMEf'{[ ...~ -1- ,/ ACA 6/81 Covenant & Agreerrent to " Maintain Parkway Areas \ , STATE 9F CALIFORNIA \os 81- COUNTY OF LOS ANGELFtf . OnlhlS 17th day of July a Notary Public 10 and for scud County and State, per<;onally dppcdred 74188& (~ r. I 19--.H.L, belore me, the under<;lgncd, RALPH G. RITTENHOUSE \~ ~ ~ . 2 5 u I 5 . . ! g u ,I" " P d d RONALD - C. CONDELL known to me to be the resl ent, an known to me to be the Secretary of the corpordtlon thJt executed the Within m~trumcnl. and known to me to be the person! who executed the wlthm Instrument on bchJ.lf of the corpOr.lllU1l therem named, and acknowledged to me that 5uch corporation executed the $.lrne, pur\u.mt 10 lis IJw~, or J rCl,(l!ullOn 01 its Board of Dllecton ~ ~ OFFIC1AL SEAL GEORGIANA APODACA NOTARY PUBLIC - CAliFORNIA LOS ANGELES COUNTY My camm. expires MAR 8, 1985 ' -,-~ WITNESS my h Signature ( \ (This lro. for oH.c..' suI) Name (Typed or Pnnted) . PR45(10) ... 4. This Covenant and Agreement is for the benefit of the land of and shall inure to the benefit of the Covenantee and its heirs, succes- sors 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 binding upon the heirs, successors and assigns of the Covenanto~s, and may be released in writing by the Covenantee. 5. 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 pro- visions of this Covenant and Agreement. 6. 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 and Covenantee have executed this instrument on the date shown opposite their signatures. "COVENANTOR" Suburban Land Developers, Inc. Date #1 BY~ t.~A.~> re ldent Date Ilo/~/ ~~b~rdff/ (Affix Corporate Seal) Da'od ~~I "COVENANTEE" City of Arcadia BYGe41:~ Acting City Manager . -. ,\ , i -tJ i,;~'" \.~ . ~ ... , -2- 'v , ' / :;--- , -" " - ~. '- .. ,.. .; ACA 6/81 Covenant & Agreement to Maintain Parkway Areas . ;/ 'f. . . . t"::~ '-, 81- . 741886 'V CORPORATE RESOLUTION We hereby certify that the following is a true copy of resolutions duly adopted by the Board of Directors of Suburban Land Developers, Inc. a corporation duly organized and existing under the laws of the State of California, at a meeting duly held on January 1st, 1981, and duly entered in the minutes of said meeting in the book of meetings, of the corporation, and that said resolutions are in conformity with the Articles of Incorporation and Bylaws of the Corporation and are now in full force and effect: "RE:SOLVED, that Ralph G. Rittenhouse, president of this corporation be and hereby is authorized and directed, for and in the name of this corporation and as its corporate act and deed, from time to time and on such terms and conditions as they may agree apon: to (1) borrow money, in their sole discretion, this corporation may require; (2) discount with and endorse and negotiate notes, contracts, bills of exchange and other instruments and evidences of indebteness held and owned by this corporation; (3) arrange for issuance of letters of credit and for other financial accomodation, which, in their sole discretion, this corporation may require; (4) assign, transfer, convey, exchange, deliver, pledge, purchase, mortgage and encumber to secure payment on indebteness and performance of the obligations of this corporation whether then existing of thereafter incurred, any or all of the property of this corporation, real, personal or mixed; and (5) execute and deliver, to evidence or in futherance of or connection with any of the foregoing, such notes, guarantees, undertakings to purchase, mortgages, deeds of trust, secutity agreements and other instruments as may be required \ and such officer may approve by their execution and delivery thereof. ~ESO~VED, FURTHER that the Secretary or any Assistant Secretary of this corporation is hereby authorized and directed to certify a copy of these resolutions, the name and specimen signature of the present offficer above referred to, and, if and when any change is made in the personnel of any said officers, the fact of such change and the name and specimen signature of the new officer. 81- 741886 !\!:..:)ULU llUl'i L.UN. L: :'~ESOLVED, FURTHER that the authority given hereunder shall be deemed retroactaive and any and all acts aJthorized hereunder performed prior " to the passage of this resolution are hereby ratified and approved; that, in the event two or more resolutions of this corporation which authorize the aforementioned are concurrently outstanding, the provisions thereof shall be deemed to be cumulative; that, the authority herein shall remain in full force and effect. RESOLVED, that the Secretary of the Corporation is directed to certify these resolutions and to deliver such certification in support of the authority of the above officer to act on behalf of this corporation. RONALD C. ,CON~ELL, Secretary ?f.<.f~)#/~ -~ '-. - . - . C~~K~rld/ RALPH G. RITTENHOUSE, President Dated:January 1, 1981 Suburban Land Developers, Inc. 81- 741886 ST/"TE OF CALIFORNIA, LOS ANGELES On JULY 17, 1981 , 1980, before me, the undersigne.d, a Notary Public RALPH G RITTENHOUSE President in and for said State, personally appeared . , RONALD C. CONDELL, Secretary known to me to be the person(s) whose name(s) to the within instrument, and acknowledged that they subscribed executed the same. Witness my hand official seal. t) OFFICIAL SEAL GEORGIANA APODACA NOTARY PUBLIC. CALIFORNIA lOS AflGElES COUHlY My comm. .xplros MAR 8, 1985 ;:> -'': Ji ' ~ / NO'~ '[;d f.:. ,.1d State. '--' STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On July 22 , 1981, before me, the undersigned, a Notary Public in and for said County and State, personally appeared GEORGE J. WATTS, known to me to be the Acting City Manager of the City 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. 81- 741886 t2~~ Notary Public OFFICIAL SEAL CHRISTINE VAN MAANEN NOTARY PUBLIC - CALIFORNIA ~ . '<<, LOS ANGElES COUNTY , ~ "" My camm. expires JUN 27, 1983 ( ~-~~~~ 240 W. HunHnpn Drlv., Arcad,., CA 91006 ACA 2/81 Acting City Manager