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HomeMy WebLinkAboutD-2193 " M ~iGiGliG:tb " I ;. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Attorney Clty of Arcadia 240 W. Huntlngton Dr. Arcadla, CA 91006 AND RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNlY CALIFORNIA 9 A M.. OCT 11 1984 ., 21 MIN. PAST. COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL R 4 FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, CAL-WESTERN TERMITE CONTROL, INC. hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain real property located at 5417 Peck Road ln the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lots 22, 23, and 24, inclusive, Tract No. 26345, in the City of Arcad~a, County of Los Angeles, State of Californla, as per Map recorded ln Book 670, Pages 65-67, incluslve, of Maps, in the Office of the County Recorder of Los Angeles County. all of which aforedescrlbed lS hereinafter referred to collectively as the "Affected Land" hereby agree and covenant with the City of Arcadia, a Municlpal Corporat~on (here~nafter referred to as the "Covenantee") on behalf of and for the benefit of the Covenantee's land, WhlCh lS the public street and rlght- of-way adjacent and contlguous to the Affected Land, and on behalf of and for the benef~t of the "Benefltted Land" which consists of and includes all the public and prlvate land located wlthin 500 feet of the Affected Land, as follows: l. The-Affected Land shall be held and developed as one parcel and no portion thereof shall be voluntarily or lnvoluntarily sold, conveyed or assigned separately or legally dlvided until released ln wrlting by the Clty of Arcadia. Any attempt to sell, conveyor asslgn less than the entlre parcel_shall be a nullity and of no effect and the Covenantee is hereby authorlzed to bring an action in a competent court to set aside and have declared null and void such attempted sale, conveyence or asslgnment. In the event of such legal actlons, Covenantors or thelr successors or assigns shall be liable for the reasonable attorney's fees of Covenantee. 2. This Covenant and Agreement lS for the benefit of the land of and shall lnure to the beneflt of the Covenantee and its heirs, successors and assigns and is for the benefit of and shall inure to the benefit of all the Benefltted Land and the heirs, successors and asslgns of the owners of the Benefltted Land, and thlS Covenant and Agreement shall run with the land and shall be binding upon the heirs, successors and assigns of the Covenantors. 3. The City of Arcadia in ltS capacity as Covenantee and in its capaclty as the legal representatlve of the resldents of the Clty of Arcadla and more particularly as the legal representative of all the owners of the Benefitted Land lS hereby authorlzed to enforce the provlsions of this 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 or unconstitutional by the decislon of any court of comp~tent )urisdictlon, such decisions shall not affect the validity of the remainlng portlons of this Covenant and Agreement. CORPORATION o .' . " ',STATE OF CALIFORNIA x .~ / /I ' / ~ COUNl'Y OF hd':' 1'-/7'Y-j-q~ ) ) 33 ) On Sy:;f..e0bif ,-::::<(}, /7tl, before me, j;he,undersign d..f78 notar:r/J'Ubl:j.c in and-for said state, personally appeared oh./l,,L~ f/e 'c/?'ui..5(J . personally known to me (or proved to me on the 9l>sis f satis ctor:r ~vidence to be the person ,.110 executed the within instrument ss f/r-t8i '..-r,f and S("u~.j . personally known to me (or prOved to me on the basis of saHsfactory evidence) to be the person who executed the within instrument 'tas , or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hanci anci official seal . . (Seal) ~I/ ~--.. OFFICIAL SEAL YOLANDA BElTRAN GARCIA NOTARY PU8L1C CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Com mISSIOn Expires Nov 6, 1984 84-1221296 ~,u~~ 3/83 \ 01 I, ,it STATE OF CALIFORNIA COUNTY OF Los Ange 1 es On 20th September 1984 State personally appeared 15 o "D , U E; / 84-1221296 lss '/ " , before me, the undersIgned, a Notary Public In and for said John AdLemm an Peggy Knudsen to me (or Ji?~9'~? fa !=AS Sl::t tl::19 9"",..,<,,..,f <,,,,,,t,rf,,,,,,...tnn, o\/lrion,...",,) to be the persons subscnbed to the Within Instrument and acknowledged that they personally whose orne 5 executed C are . ~ the same "D . ~ c ~ WITNESS M Nicklen , :# Nome (Typed or Pnnted) .,1- ffi-43 (10) Rev 6-82 - '''".. ,~\ ", OFFICIAL SEAL M NICKlEN NOTARY PUBLIC - CALIFORNIA 'OS '11G l-'S CO"NrY My comm EXpireS AUG 27, 1985 (This area lor official seal) . ' :J , . .-4 \ } '~ <- . '. ( , ' " . 84-1221296 i / IN WITNESS WHEREOF, Covenantors have executed this lnstrument on the date show Opposlte their signatures. Dated~-&" ~q /9'31-f Dated: '7 -dU -c?1' Dated Dated: ~- .5'?-,?Y APPROVED AS TO FORM: fJJc~ Hflill~ City Attorney '# , "COVENANTORS" ~cal-Weste o n /i1,~ Title' .~.~~~ '.. ~~~. ltle Title "COVENANTEE" City of Arcadla 'y &d4 peor e s City Ma ger -2- ,I 1\ .. , ' y , . CERTIFICATE OF CORPORATE SECRETARY OF CAL-WESTERN TERMITE CONTROL, INC., A California Corporation I, PEGGY KNUDSON, hereby certify that the present elected Chief Executive Officer and President of CAL- WESTERN TERMITE CONTROL, INC., is JOHN A. LEMM, and that I am the present elected Secretary of said corporation. --Ho-a.n -- J;;d/~ O~ Knudson (SEAL) -, -~ , 84-122129$ / .~ . ,