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Home My WebLink AboutD-2158 --- If tr~., '. r~CORDING P~OUESTED BY AND l~EN RECORDED MAIL TO: City Clerk City of Arcadia P.O. Box 60/ Arcadia, California 91006 COVENANT AND ,AGREEHENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL (11-' ,// I FEE $ I S G I, 'r;\ '(j) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, Dennis W. Semain and Linda L. Semain, husband and wife as joint tenants, as to an undivided 1/2 interest, and Ronald A. Atinsky and Kirby E. Atinsky, husband and wife, as joint tenants, as to an undivided 1/2 interest. hereinafter referred to cOllectively as "Covenantors" , hereby declare they are the owners of that certain real property located in the City of Arcadia, County of Los Angeles, State of California, legally described in Exhibit "A" which is attached hereto and by this reference incorporated herein, .-.~--'- . RECORDED IN OffICiAl RECORDS - RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 31 M1N. 1 P.M. NDV 18 1981 PAST. all of which aforedescribed 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 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 fee~ 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 Covenantee 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. In the event of such legal actions, Covenantors ( qr their successors or assigns shall be liable for the reasonable attorney's fees of Covenantee. 2. This Covenant and Agreement is for the benefit 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 binding upon the heirs, sUQcessors and assigns of the Covenantors. " -1- ACA 6/81 Develop & Hold Property as One Parcel , 3. The Clty of Arcadia in its capacity as Covenantee and in its capaclty as the legal representative of the residents of the City of ~~cadia and more particularly as the legal representa- tive of all the owners of the Benefitted Land lS hereby authorized to enforce the provisions of thls 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 o~ unconstitutional by the decision of any court of comDetent jurisdiction, such decisions shall not affect the valldity of the remaining portions of this Covenant and Agreement. Dated IN IUTNESS I\TfllcREOF, Covenantors have executen th i,"" t ins ru.TTl.ent on the date show opposite their signature. "COVENANTORS" >( Mfi14~ y1~~ Dennis W. Semain 9/s- 41 . Dated 91;#/ I ~);;; / ~v.-j/ 'X ~C7{ xfg~~ Lin a L. Semain Dated x ~rf!a!J/ Ronald A. Atinsky , ~ ff:i f:~% . Dated Dated " COVENANTEE" City of Arcadia Dated ~ft/ By ~!/dA4 George a~s Acting City Manager (Acknowledgement) -2- 81- 1141511 ACA 6/81 Develop & Hold Property as One Parcel PARCEL 1: Lots 1, 2, 3, 23 and 24 of Bower's Addition to Arcadia, in the city of Arcadia County of Los Angeles, State of California, as shown on map recorded in Book 21, page 47 of Miscellaneous Records, in the office of the County Recorder of said County. EXCEPT therefrom that portion of said land conveyed to the State of California, by deed recorded in Book D-3368, page 578 Official Records, described as follows: BeginninQ at a point in the Northerly line of said Lot 3, distant thereon ' North 88ll 55' 14" East 25.69 feet from the Northwesterly corner of said Lot 3; thence South 600 47' 45" East 214.25 feet to a point in the Easterly line of said Lot 23, distant along said Easterly line North 10 04' 26" West 26.96 feet from the Southeasterly corner of said Lot 23; thence along said Easterly line North 10 04' 26" West 108.04 feet to the Northeasterly corner of said lot 23; thence along the Northerly lines of said Lots 23, 24, 1, 2 and 3, South 880 55' 14" West 185.02 feet to the point of beginning. EXCEPT THEREFROM those portions of Lots 1, 2, 3, 22, 23 and 24 of Bower's Addition to Arcadia, in the city of Arcadia, County of Los Angeles, State of California, as shown on map recorded in Book 21, page 47 of Miscellaneous Records, in the office of the County Recorder of said County, described as a whole as follows: Beginning at the intersection of the Southerly line of said Lot 3, with the Easterly line of the WesterJy 10.00 feet of said lot 3; thence Northerly along the Easterly line a distance of 11.00 feet; thence Southeasterly in a direct line to a point in the Northerly line of the Southerly 6.00 feet of said Lots I, 2, 3, 22, 23 and 24 distant Easterly thereon 16.00 feey from the Westerly line of said Lot 3; thence Easterly along said Northerly line of the Southerly 6.00 feet to the Easterly line of the Westerly 15.00 feet of said Lo~ 22; thence Southerly along said last mentioned Easterly line to the Southerly line of said Lot 22; thence Westerly along the Southerly lines of said Lots 22, 23, 24, I, 2, and 3 to the point of beginning. PARCEL 2: That portion of Lot 22 of Bowers Addition to Arcadia, in the city of Arcadia, County of Los Angeles, State of California, as shown on map recorded in Book 21, page 47'of Miscellaneous Records, in the office of the County Recorder of said County, acquired by the State 'of California by deed recorded in Book D1565, page 988 of Official Records in said office, bounded Northeasterly to the .Southeasterly prolongation of the Southwesterly line of that certain parcel 'of land acquired by the State of California, by Deed recorded in Book 03368, page 578 of said Official Records, and bounded Easterly by a line that is parallel with and distant Easterly 15.00 feet measured at right angles from the Westerly line of said lot 22. EXCEPT THEREFROM the Southerly 6 feet. ALSO EXCEPT from said Parcel 2, all minerals, oils, gases and other hydrocarbons by whatsoever name known that may be within or under the parcel of land~erei~_ above described without, however, the right to drill dig or mine through tne- surface thereof, as provided in the deed from the State of California acting' by and thhrough its Director of Public Works to H. Edward Hanson and Eva Ruth Hanson husband and wife as Joint Tenants recorded October 4, 1968 as Instrument No. 2288 in Book D 4154, page 346 of Official Records. , 81- . 7557/ -- 81- 1141.511 / , . ~ ':'i~ J~~ ::i , a: '-J W "" ~ 0 1-:: ~, ~ 0" ..~ , ?" ' 01 i' C' ~ e:r Ci. ! ~) ...t' o ~/'- / STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 5th day of SEPTEMBER , 19 81 before me, MARIO M. DE ANGELIS , a Notary Public in and for said County and State, personally appeared RONALD A. ATINSKY AND KIRBY E. ATINSKY , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. /( 0<;;o~ ~itfJ~ MARIO M. DE ANGELIS (Official Notarial Seal ~ OFFICIAL SEAL MARIO M DE ANGElIS NOTAIlY ~uellc . CALIFORNIA LOS ANGELES COUNTY My comm, expires APR 6, 1984 ACA 10/79 Individual 81- 1141511 STATE OF CALIFORNIA 55. COUNTY OF LOS ANGELES On this 5th day of September , 19 81 before me, MARIO M. DE ANGELIS , a Notary Public in and for said County and State, personally appeared DENNIS W SEMAIN AND LINDA L. SEMAIN , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that THEY executed the same. WITNESS my hand and official seal. ~ N!1!b~ MARIO M. DE ANGELIS (Offi~i~l Notarial Seal ~- ': m. .!. . . " .' OFFICIAL SEAL MARIO M DE ANGElIS NOTARY PUBLIC ~ CALIFORNIA LOS ANGELES COUNTY My comm expires APR 6, 1984- -~......._~ ACA 10/79 Individual 81- 1141511 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On ~D , 19 P /, before me, the undersigned, a otary Publ~c in and for said County and State, personally appeard GEORGE J. WATTS, known to me to be the 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. ~.~~ Notary Public . - '" - "~...... OFFICIAL SEAL , . CHRISTINE VAN MAANEN ~ 0... : NOTARY PUBLIC - CALIFORNIA ( LOS ANGElES COUNTY ,", My oomm expIre. JUN 27, 1983 , ~--.~;;:;-............'1 240 W. Hunllnilon Orive, head,., CA 91006 81- 1141511 ACA 7/81 City Manager TO Ill"!! CA (8-7") ~:f '8"1-/ I Ifl r;-I/ (CorporatIon) " " " } &S. ,. ~lnlEIN5UR~NCE AIiID TRUST" A T1COA COMMHY before me, the undersigned, a Notary Public in and for said State, personally appeare known to me to be the President, anrl known to me to be ~cretary 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 mstrument pursuant to its by-laws or a resolutIon of Its board of directors WITNESS my hand and offiCial seal. _."~~, ~ .t w . .w U w ~ ~ . .~ ~ ~ ~ ~- __.r':'~~.._ _, (_'i'i:'l'.:" \: ("'J.,L 1/ ~\~r;rr: t\~!G~I""C"()~1 NOT....:1i :::. ':.'LIL ,:.. U'='UrlNIA 0:\ .IIC'": CG :t:Ty My COr.lm c'p.:es A!JG 9. 1982 ~ (This area for olliel.) notanal seal) CERTIFICATE OF ACCEPTANCE Th1-5 is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a }~nicipal Corporation, by the deed, grant, conveyance or instrument dated Se1;'t. 5. 1981 , from or executed by Dennis W. Semain, Llnda L. Semaln, Ronald A. Atinsky, and Kirby E. Atinsky. , 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 instru~ent No. 3069 in Book 56448, Page 264, Official Records of Los Angeles of Arcadia consents to the recordation thereof by its duly ~R~~/Y/ City Engineer Dated: Nov. 10, 1981 ACA /81 The document thus described is hereby approved as , .' ", ..' CO,;SE"T .\,m SLllORDEATIO:i TO TIllS COVE~~A~T A.'1D AGREE:!:::;T Monterev Park National Bank , a C~liforni~ Corpor~tion, herCln~lft~r referred to .1.5 "Corpor.:ltion", 35 holder of the hcncfici31 intcrcc;t under tl13.t ccrto1in Deed of Trust and Assignment of Rents (the "Deco of Trust"), [Tladc as of October 14, 1981 , among Dennis W. Sernain and Linda L. Serna in , Ronald A. Atinsky and Kirby E. Atinsky jJ\~~i ~C ~~Cs-,.tAL- ~ as Trustors, and as Trustee, recorded October 20, 1981 , as Instrument No. 81-1030951 Los Angeles County Official Records, for and in consideration of the grant of the Lot Consolidation Waiver ' does hereby (i) consent to the execution and delivery by Dennis W. Sernain and Linda L. Sernain, Ronald A. Atinsky and Kirby E. Atinsky . to the City of Arc3dia of this Coven3nt and Agreement; and (ii) covenants and agrees that the interest of Corporation in and to Property, described in this Consent and Subordination, shall be subject and subordinate to this Covenant and Agreement, and that said Covenant and Agreement shall be charges and encumbrances on aforesaid Property prior and superior to Corporation's interests in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. IN HITNESS h'HEREOF, Corporation has executed this Consent and Subordination to this Covenant and Agreement on the date writt~n celow. Dated: ~C!~'7:~(~~ Monterey Park National Bank By /~~ Title Vice Pres1dent By (CORPORATE SEAL) Title (CORPORATE ACKNO\\'LEDGHENT) APPROVED AS TO FO~~: 81- 1141511 of Arcadia ~, ~ 2 Consent and Subordination Corporata Beneficiary ACA 1/81