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HomeMy WebLinkAboutD-2162 . , .(( .Z~ rf '\ , CERTIFICATE OF ACCEPTANCE 7 This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a Nunicipal Corporation, by the deed, grant, conveyance or instrument dated ::::::<-~--'" Marcn 23, 1982 , from or executed' by John Trlica , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of A!cadi~ contained in Resolution No. 2963, adopted January 21, 1958, and recorded in the office' of the RecorJer of Los Angeles County on January 29, 1958, as instrument No. 3069 in Book 56448, Page 264, Official Records of Los Angeles of Arcadia consents to the recordation thereof by its duly ~Jtk/a/ City Engineer ~ Dated:)/t~uj ~ !9('t-- ACA /8l "82- 33 .9562 The document thus described is hereby approved as ney ..,. ~ RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE -.. LOS ANGELES COUNTY CALIFORNIA 31 ;;~ 11 A.M. MAR U 1982 " RECORDI:lG REQUESTED BY AND WIlEN RECORDED MAIL TO: 'City Clcrk City of Arcadia P.O. Box 60 Arcadia, california 91006 r COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL /FEE $10 R I ( FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, John Tr1ica, a married man, as his sole and separate property , hereinafter referred to as "Covenantor ", hereby declares he is the OImcr of that certain real property located in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: -----........ I~i: ! Ii ! : , >- >- "" "" ::: Q ;'-1 ~I ,~ .r; -. " -:-: 1...1 -. - ,;;;>: -'- ~ u. Lots 1, 2 and 3 in Block 79 of a Part of Arcadia, Santa Anita Tract, as per map recorded in Book 15 Pages 89 and 90 of Miscellaneous Records, in the office of the County Recorder of said County. EXCEPT the Westerly 10 feet thereof. '-... I~ ~~ ;' U fJ '" c:; all ,)f which aforedescribed is hereinafter referred to collectively a'; the "Affected Land", hereby agree and covenant with the City of Arcadia, a Municioal Corporation (hereinafter referred to as the "Covenantee") on bcha1f 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 a11.the public. and private land located within 500 feet of the Affected Land, as follows: " , . 1. The hffected 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; Covenantor or his successors or assigns shall be liable for the reasonable attorney's fees of Covenantee. ..' 'I'JIIt 2. This Covenant and Agreement is for the benefit of the land of and shall inure to the benefit of the Coven2ntee 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, successors and assigns of the Covenantor . '\ . -1- ACA 6/81 Develop Eo Hold Property as One Parcel / 3. The City of Arcadia in its capacity as Covenantee and in ~ts capacity as the leqa1 representative o~ the res~dents of the City of Arcadia and more particularly as the legal representa- tive of all the owners of the Benefitted Land is hereby authorized to enforce the provisions of this Covenant and l\qrcemen t. -.6t\. 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 l'iHEREOF, Covenantor have execut<,!(l thi... t t ins ru'!\en on the date show opposite their signature. "COVENANTOR " Da ted :3 -:<. 3 - t' ~ ~ / John Tr1ica (Acknowledgement) . ) "COVENANTEE" City of Arcadia Da ted =!J,.;ft~ By dWtfi/4 1\.. I .illg City Manager '. 82- 339562 -2- ACA 6/81 Develop & Hold Property as One Parcel " CONSENT AND SUBORDINATION TO COVENANT AND AGREEMENT Union Bank, a California Corporation as holder of the beneficial interest under that certain Deed of Trust a~d Assignment of Rents (the "Deed of Trust"), made as of Auqust 12, 1968 , among John Tr1ica as Trustor , and Union Bank as Trustee, recorded August 21, 1968 , as Instrument Number 148 . Book T5899, Page 391 , Los Angeles County Official Records, for and in consideration of the acceptance for recordation by the City of Arcadia of this Covenant and Agreement, does hereby consent to the execution, and delivery by John Tr1ica , to the City of Arcadia of this Covenant and Agreement, and agree that the interest of Union Bank in and to the Property des- cribed in said Covenant and Agreement, shall be subject and subordinate to said Covenant and Agreement, and that said Covenant and Agreement shall be charges and encumbrances on aforesaid Property prior and superior to Union Bank's interests in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. Dated, t",q:~.? -t-? 19J""-Z-. c. .- ,,,-,:, 182- I 339562 - ~~ /I?: VICE PRESIDENT , By Title: \' .. By . Title , (Corporate Seal) (Acknowledgement) of Arcadia ACA 9/81 Consent and Subordination to Covenant and AgreeIrent - Individual f STAT! OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On MARCH 22nd 19 82 before me, LOIS C. THOMPSON , a Notary Public, personally appeared MARIO DI TANTO known to me to be the VICE PRESIDENT of the corporation that executed the within 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. WITNESS my hand and official seal. 339562 qf:;/e~ Notary Publi LOIS C. THOMPSON 82- . OFFICIAL SEAL LOIS C THOMPSON NOTARY PUBLIC' CALIFORNIA LOS ANGELES COUHlY My comm. OXjliros JUL 15. 1983 (Official Notarial Seal) ACA 10/79 Corporation u STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this 23rd day of March , 19 82 before me, Myrna Burns , a Notary Public in and for said County and State, personally appeared John Trlica , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. <.' WITNESS my hand and official seal. 82- 339562 -' --,:' ;.''$' Notary Public (Official Notarial Seal) @ Offl04L SEAL MYRNA BURNS' I NOTARY PU8UC . CAlIFORNIA J.- IItItINCIPAl OfFICi: IN LOS ANGElES COUNTY My Commlsaion Elplm No.. 5. 1984 ACA 10/79 Individual y STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On ~ ~tj- , 19P.z, before me, the undersigned, a Notary Public 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. 82- 339562- ~~ Notary Public OFFICIAL SEAL CHRISTINE VAN MAANEN NOTARY PUBLIC. CALIFORNIA LOS ANGElES COUNTY My comm. expires JUN 27, 1983 ~-~"--~ 240 W. Huntington Drive, Arcadil, CA 91006 ACA 7/81 City Manager - ------~-