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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
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, 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
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City Engineer
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The document thus described is hereby approved as
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Cit~ttor~y .
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ACA /8l
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'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
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"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:
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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.
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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.
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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
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Tom Tamotsu Tanaka ~ :
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Dated
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"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, )
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. at;t;~ 'I 0't(.~~^~.. ~ J
~M l.st~ne Van Maan~n l
City Clerk
CVM:br
Enclosure
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;;';.&;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
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.:~t,~::,,~~.~.;:-:-?-:;~~ WIll Y TO THE ORDER OF t NOT PAYABLE FROMDATEISSUED 1210
.';0:'1)~'!;*'~"l REG-REC ;JCHRISTINE','VAN MAANEN "",.' . ..' " .',
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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
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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
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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.
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Notary Public
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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
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OFFICIAL SEAL
EMILY V SIMPSON
NOTARY PUBLIC' CAlI^ORNIA
LOS' ANGELES COUNTY !
My comm. "pl,es fEB 22, 1985 J
.....-.....-=-.--.-...;~.~
82- t::
.u46877
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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.~..,
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OFFICIAL SEAL
EMILY V SIMPSON
NOTARY PUBLIC ~ CALIFORNIA
LOS ANGELES COUNTY
My C<lmm exPires FEB 22. 1985
ACA 10/79 lndividua1
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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
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By
~
Title
Secretarv
APPROVED AS TO FORM:
(Affix Corporate Seal.)
of Arcadia
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82-
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Consent and Subordination
Corporate Beneficiary
ACA 11/81
5468'77
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