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HomeMy WebLinkAboutD-2164 82- 5468'77 3 CERTIFICATE OF ACCEPTANCE This is to certify that to the City of Arcadia, or instrument dated by Tom Tomatsu Tanaka the interest in real property conveyed or transferred a Nunicipal Corporation, by the deed, grant, conveyance May 20, l'982 from or executed 'c .. ~ , 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 Ange'les 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 ~Jt~ City Engineer " The document thus described is hereby approved as ~~ ~ (J. Cit~ttor~y . -- '; MM' 11''- ACA /8l .., -- ..... A""''J. . , 'RECORDING REOUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Arcadia P.O. Box 60 Arcadia, California 91006 RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNlY CALIFORNIA 3 P. M. MAY 27 1982 44 MIN. PAST. I FEE y,,- - t!J ., COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL " "FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION for the granting of Conditional Use Permit 82-1, receipt of which is hereby acknowledged, Tom Tamotsu Tanaka, a married man, as his sole and separate property, hereinafter referred to as "Covenantor", hereby declares he is the owner of that certain real property located In the City of Arcadia, County of Los Angeles, State of California, legally described as follows: ,lll '" () ':! "il ... Q ~ Lots 26, 27 and 28 except the West 10 feet of said Lot 28 in Block 79 of Arcadia Santa Anita Tract, in the City of Arcadia, County of Los Angeles, State of Calif- ornia as per map recorded in Book 15, Pages 89 and 90 of Hisce11aneous Records in the office of the County Recorder of said County. Q ~ IT> _ ~ =1 I'1 (Tj '" Z to ~ ~ ~ all of which aforedescribed is hereinafter referred to collectively as the "Affected Land", hereby agree and covenant with the City of Arcadia, a Munic~pa1 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 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 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. . 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, successors and assigns of the Covenantor. \ -1- ACA 5/82 Develop & Hold Property as One Parcel - Ind ividua1 3. If this Covenant and Agreement is breached by Covenantor or his successors or assigns, Covenantee 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, Covenant- or or his successors or assigns shall be liable ,for the reasonable attorney's fees of Covenantee. That in addition to other remedies available by law to the Covenantee to enforce this Covenant and Agreement, if this covenant and agreement is breached, the City of Arcadia may revoke CUP 82-1 4. Covenantor agrees to notify his assignees and successors in interest in Affected Land of this Covenant and Agreement. 5. 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, successors and assigns of the Covenantor, and may be released in writing by the Covenantee. 6. 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. 7. 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. Dated May 20, 1982 "COVENANTOR" 82- 548877 "--~~~~ - --- Tom Tamotsu Tanaka ~ : 1 Dated S/zffrL . "COVENANTEE" City of Arcadia By o<fk.z Al4. City Manager ACA 5/82 Develop & Hold Property as One Parcel - Individual -2- GEORGE J. WATTS elT'! .'tANAGER ~~~ DONALD 0 PELLEGRINO .'\\A'OR DENNIS A. LOJESKI ,\1A'rOR PRO TE\1.POW.E 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA 91006 (213) 446-4471 . 681-0276 IEFFRE) A DRING RICHARD A HALTOM DAVID S, HANNAH CHRISTINE VAN MAANEN CITY CLERh. June l7, 1982 Ms. Gladys Moore, Aecountant Registrar-Recorder County of Los Angeles 227 North Broadway Los Angeles, California 90012 Re: Covenant and Agreement - Tom Tamotsu Tanaka Dear Ms. Moore: Pursuant to our conversation, enclosed is the check made out to me in the amount of $4.00. Please make out a cheek for $4.00 payable to Tom Tamotsu Tanaka and mail it to 8822 Ardendale Avenue, San Gabriel, CA, 91775. Thank you for your attention to this request. Very truly yours, ) ~ c--- '/ 1 . '/ ;') '<J2.t.- . at;t;~ 'I 0't(.~~^~.. ~ J ~M l.st~ne Van Maan~n l City Clerk CVM:br Enclosure .'~W~~;~f~t:tt~t~:,l'~kt~l~~t~~:~~~I_~li~!ti~i~~~: 'Ff~:",.~);i~~~C'~Gii{~~~~f~~~~/~~"'i:.t~~~~~;1-~~~:;'~' ~'}~~~~{.'~~!;li'~=!....;~.....(t~~;-~;.:~,~.,- ?J~t~:~5;,~f2i.~;J~~~1~%i~~t~?~~~~J~~:~~z,rg~~Ji.'\~1-;t:t~~i!~~~ti:~~~ti:}i~t~~~~f~ f~y;1;..~-:.-e"i {:"~~~;.:f(";F'-~7-r~~..:d;'~< 1~_:P~';1'~, ~.......~~J!fJ~;.;:"';gl;~""~t:i'~~~1f"~_~"'~S;"'"-''::!i~;'~Z; "'~r~'4ft::cri?'i,~:,'t~~~~',~;...1r ..."'7'~..--./~' ~~<- ;:v-~Jc-~":': "-"~'RJ!~-""$l.~}.~;?J~ii;< ~if'~}( ~~~;t-:~~~~~~1A~~~l~~~'''~,!r~~1;~;,;~:","~i::-_$-~:;;~..';~:F,~:g::~ "~~~~~~r~~$~11#~~~~~~~~{~~~~~~~-~~.'j~~~1t;!~~!~~~~~~V~~~~~ir~R.f~~~~~~?~~~~~,0::~rB. -?~..~~~;~~~~~~~~~~~~~~~~f$i{1fl~~~~~~~:t~<I~~}i~!!~~~::!~~~t~~~~.~~~~t;:;~~A~;~!~~~::.~;r~t1:J.{~('~: ~.::~;,-. ~~~~:~~~~!~~~11~~g~~1g~~~~~Q~f~lffi7it~;g{$~~1~ii~~lig%:~~t#~~.~~ '-::-1:~)!..::~:r;;~t&" ~~~W)~~'f.:.~~~f::bv~t;:~"f!,tl~~Z:~4>;~~-~~;;:~~~~;1 ;;~~;';f-;:}:.~r~;i~~;:;"}r1t:':'::~~~;,~:'!;\r.u~-i'..,,;~~b~%}'~k:;'::.:"; <~:"' .'.;" ;i~~;~~~r~i;~:~~'~~j~i~~:~~i~'i " ,"I!'.:":,,.:.... 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II . ;;';.&;ii~; ,::::.ifJ . ~r; f b . UDITOR CONTROLLER'S SPECIAL WARRANT ~l~","~;);~fjii~ " ',: THE T3SURER OF THE COUNTY OF LOS ANGELES WARRAN'T CLEARANCE FUND. LOS ANGELES, CALIFORNIA _:~.1~~',~;;i~.~.:;);;.:1 '., .". ~~~-::'.~'=.~~S';:.. AFTER TWO YEARS ....!..t!... .:~t,~::,,~~.~.;:-:-?-:;~~ WIll Y TO THE ORDER OF t NOT PAYABLE FROMDATEISSUED 1210 .';0:'1)~'!;*'~"l REG-REC ;JCHRISTINE','VAN MAANEN "",.' . ..' " .', t ,,~' _', -<,." , , l~~ ",:" ::j,"'~~ ' :;::~! lC47l :"";'" , ,;"",, p1iM'l!2] 12j'IJY"ti'491 '~~~;~~~f.{. 48A "." .'. ',::\~ /" };: ":'.~:,.'" DOll^" :1"~.J.i-ft~7_~~;-~gJ: "~:~~I\~~Fi~ i i:;.~?=r..":i<;;~r~ _ "~:-:,~:~'-';~e,,:{;{:~f ~ 1...**.*. 0:* **~ 'Ct,~,*****O*~~** ~:-~,~g'::,;;.'it,il: r:; . . ,w~" " ' '.~~i;;.;,/).. ' '. :.:,", ' ~~"a.~~. :,., '. -h~~l:~ - /' ' ~ ..~-. -".. """';'-' -- ~~~.,-", ....." c.:,:,-.-,~I'i:~ -~"';. '""'~""'" . Jr' ..: ,-< /I' 2:1 g 1.81, g/l' I: I. 2 20000851: ~ " ,. ~ --,;',?,,, ems 0.60.8120.2 . ...:. .~\ '-"". , ~\,..,' , ~ ~,'~' , OU,R~:.~> ?o: l;~~,: D~Ll~R'si '<:" : "~ ':; .-'/? M/? . .. h' ,'. (,;(?7/~'k!.u..- g 1.5750087/1'1, 1.1.1. (l 7 " " $ 'u 4 0. REGISTRAR-RECORDER COUNTY OF LOS ANC;E1,LS " 227 N BROADWAY, LOS ANGELES, CALIFORNIA 900.2 I (21J) 974,6(,29 LEO~lAf10 PAN ISH Rll.I\IIl^R H! I (JRD! R CHARLES WEISSBURO CHilI lHP1I1Y Mav 28. 1982 ,- Cl1rlstine Van Maanen City Clerk City of Arcadia P.O. Box 60 L Arcadia, CA. 91006 'I .J The enclosed warrant is a refund on fees submitted to the u~s Angeles County Recorder for the following transaction: RECORDED: Covenant and Agreement DATE: May 27, 1982 DOCUI1ENT ~lJM13ER (S) : 82- fA6877 PAH.TIES TO TRANSACTION: Tom T8IIIotsu T!lDaka ADDITIONAL INFORMATION: If we can be of any further assistance in identifying this refund check, please call the above telephone ~umber. Very truly yours, LEONARD PANISH Registrar-Recorder cd I" J-p fY) d~\{ GLADYS MOORE Accountant '- -L STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On ,~ -:21 ' 19 9.-{., , before me, the undersigned, a ary Pub11C 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. ~?t _-9 ~ Notary Public (ii,.., . .. 0 .' , . ~ "s)..I' , "' OFFICIAL SEAL CHRISTINE VA NOTARY PUBliC !'icMAANEN AlIFORNIA LOS ANGELES COUNTY My com~lres JUN 27, 1983 ' 240 W, Huntington Drive Madl C ~ 'J , a, A 91006 82- 54687'; ACA 7/81 City Manager 1 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On l1ay 20_ , 19 R? , before me, Emi 1 y V,_ Simpson , a Notary Public, personally appeared - H; Ri'cnard Closson & Wanna \1Iol"n~ki known to me to be the Pres>i dent & Sec,."t"ry 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. ~. (Official Notarial Seal) ACA 10/79 Corporation (t_ O> : .- OFFICIAL SEAL EMILY V SIMPSON NOTARY PUBLIC' CAlI^ORNIA LOS' ANGELES COUNTY ! My comm. "pl,es fEB 22, 1985 J .....-.....-=-.--.-...;~.~ 82- t:: .u46877 rj- STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 2QtR: day of ~''IY' , 1982 before me, \' Em j " y, V.. ~'tmpson , a Notary Public in and for said County and State, personally appeared Tom Tamots.u Tanaka , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that ~ executed the same. WITNESS my hand and official seal. 82- 546877 (Official Notarial Seal) EI.~.., "m. .-< ';' , . '0"",... OFFICIAL SEAL EMILY V SIMPSON NOTARY PUBLIC ~ CALIFORNIA LOS ANGELES COUNTY My C<lmm exPires FEB 22. 1985 ACA 10/79 lndividua1 "' CONSENT AND SUBORDINATION TO THIS COVENANT AND AGREEMENT & Huntington Bank , a California Corporation, hereinafter referred to as "Corporation", as holder of the beneficial interest under that certain Deed of Trust and Assignment of Rents (the "Deed of Trust"), made as of May 4, 1982 , among Tom Tamotsu Tanaka and Chizu Tanaka as Trustors, and herein- after referred to as "Trustors", and American Title Company as Trustee, recorded May 11, 1982 , as Instrument No. 82-482233 Los Angeles County Official Records, for and in consideration of the grant of the Conditional Use Permit described in this Covenant and Agreement, does hereby (i) consent to the execution and delivery by Trustors, to the City of Arcadia of this Covenant and Agree- ffient; 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 Pro- perty prior and superior to Corporation's interests in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. IN WITNESS WHEREOF, Corporation has executed this Consent and Subordination to this Covenant and AGreement on the date written below. Dated: May 20, 1982 Huntington Bank (CORPORATE SEAL) (CORPORATE ACKNOWLEDGMENT) By .J~ o.f?". Z;ZA?~g~~4L .----/ By ~ Title Secretarv APPROVED AS TO FORM: (Affix Corporate Seal.) of Arcadia " ", 82- ~' 't . " Consent and Subordination Corporate Beneficiary ACA 11/81 5468'77 .~ ,-'j I;' -