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HomeMy WebLinkAboutD-2180 . ... ~.... 'UUV..LU .J7 RECORDeD IN OFFICIAL ~ECORDS RECORDER'S OFFICE LOS ANGELES COUNlY CALIFORNIA 11: MIN, 8 AM JUN 291993 /oIt; PAST . . RECQHDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Arcadia P.O. Box 60 Arcadia, California 91006 COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL [ FEE $9 I FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION for the granting of M-83-34 , receipt of which is hereby acknowledged, Carmela Galati and Aurelia Galati, husband and wife, as joint tenants, hereinafter referred to as "Covenantors'~ hereby declares they are the ownersof that certain real property located in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: The Westerly 76 feet of the Northerly 118 feet of Lot 6, Block A of Santa Anita Land Company's Tract in the City of Arcadia, County of Los Angeles, State of California as per map recorded in Book 6, Page 137 of Maps, in the office of the County Recorder of said County. EXCEPT therefrom the Northerly 25 feet thereof, as conveyed to the County of Los Angeles for road purposes, AND The Easterly 50 feet of the Westerly 126 feet of the Northerly 125 feet of Lot 6, Block A of Santa Anita Land Company's Tract in the City of Arcadia, County of Los Angeles, State of California as per map recorded in Book 6, Page 137 of Maps, in the office ,of the County Recorder of said County, \ EXCEPT the Northerly 25 feet of said 125 feet, conveyed to of Los Angeles for road purposes, ~ 9[?D~ /3 t) :0 the County w~du 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 feet of the Affected Land, as follows: 6 D1 M ~ ~ Q: ~ ;j) ~:: C.l ..;,! L:.! ,-- :-::: ,...... () ;-;:: uJ ::: :z: ..... u, .;: ,iL' t :' C2 .:. '-" " LJ ~' , l. 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 asstgnment. In the event of such legal actions, Covenantors or thelr 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 lts 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 Covenantors. ", -1- ACA 5/82 Develop & Hold Property as One Parcel - Individual <- 3. If thi;s Covenan t and Aareement lS breached by Covenan tors or the1rsuccessors Qr assigns, Covenantee is hereby authorized to bring an action ln <l court of competent jurisdlctlon to enforce thlS Covenan~ and Agreement. In the event of such legal actions, Covenant- orsOrthe1r succe;ssors or assigns sh<lll be llable for the reasonable <lttorney's fees of Coven<lntee, That in addltion to other remedies aV<lllable by law to the Coven<lntee to enforce this Covenant and lIgreement, if this ~ovenant and agreement is breached, the City of Arcadi<l 'may revQke M-83-34 4. Covenantorsagrees to notifythelr assignees and successors in interest in Affe~ted Land of this Covenant and Agreement. 5. This CQvenant 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 bindlng upon the heirs, successors and assigns of the Covenantors,and may be released in writlng 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 remalning portions of this Covenant and Agreement. IN WITNESS WHEREOF, Covenantorsand Covenantee have executed this instrument on the date shown opposite their signatures. "COVENANTOR" Dated //4;/ /11 /9,f3 / G?~~~t({C:~ a 0 a a 1 Dated /1:(1/ /cJ,,/'70 , / . rkdu -icaM Aurel Galati Dated .s;;/ h3 / I "COVENANTEE" City of Arcadia By ~fP~ ~e _ e a)t't City Manager 83- 733613 , ACA 5/82 Develop & Hold Property as One Parcel - Individual -2- ~ STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this 10th day of May , 1983 before me, the undersigned , a Notary Public in and for said County and State, personally appeared Carmela Galati and Aurelia Galati , known to me to be the person whose name is subscribed to 'the within instrument, and acknowledqed to me that , they executed the same. WITNESS my hand and official seal. (Official Notarial Seal) OFFICIAL SEAL SONNA-! EE RASMUSSEN NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNlY My rornm. expires APR 19, 1936 ACA lO/79 Individual 83- 733613 r' STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 10th day of May , 19 83 before me, the undersigned , ? Notary Public in and for said County and State, personally appeared Carmelo Galati and Aurelia Galati , 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. (Official Notarial Seal) OFFICIAL SEAL BONNA-lEE RASMUSSEN NOTARY PUBLIC. CALIFORNIA LOS ANGELES COUNlY My comm. expires APR 19, 1966 ACA lO/79 Individual 83- 733613 s--- \ STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On ~ (I ,l~ ,before me, the undersigned, otary Public in and for said County and State, personally appeared 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. d~:-b';1 ~~- Notary Public '. ~'- - ..) ~ OFFICIAL SEAL ..... _ CHRISTINE VAN MAANEN 0. .!. NOTARY PUBLIC - CALIFORNIA . .' LOS ANGELES COUNlY , "". My comm, expires JUN 27, 1983 - ~" 240 W. HunUnilOn Dnve, Mad,l, Cl\ 91000 ACA 6/82 City Manager 83- '733613 \ CERTIFICATE OF ACCEPTANCE p This is to certify that to the City of Arcadia, or instrument dated by C'i'lrm",l () C:i'll ati the interest in real property conveyed or transferred a Hunicipal Corporation, by the deed, grant, conveyance Mav lO. 1983 ' from or executed and Aurelia Galati ; , 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 instrument No. 3069 in Book 56448, Page 264, Official Records of Los Angeles of Arcadia consents to the recordation thereof by its duly t:r~/l ~ City Engineer The document thus described is hereby approved as to form. Dated: c~ 1 g) ~C~y ~ Attorney ACA /81 83- 733613