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"" 78-"688046 :',(./; ;\ ,if RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: , , FfICIAL RECORDS RECORDED ING~ES COUNTY, CA OF LOS AN 4: ~~'r 8 A.M. .JllN 26 1978 City Clerk City, of Arcadia p, 0, Box 60 Arcadia, California 91006 Recorder's Office I E~~6-n ~ J COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, HTL INDUSTRIES, INC., a California Corporation, (hereinafter'~.:r;-eferred to as the "Covenantor"), . owner of the land particularly,described as follows: PARCEL 1: Lots 1 to 4 inclusive, in Block 77 or Arcadia Santa Anita Tract in the City of Arcadia, as per Map recorded in Book 15, Pages 89 and 90 of Miscellaneous Records, in the Office of the Los Angeles County Recorder, PARCEL 2: That portion of Indiana Street, vacated, 40 feet wide, lying within Block 77 of Arcadia Santa Anita Tract, in the City of Arcadia, County of Los Angeles, State of California described as follows: Ii ~. >- >- en '" z 0 l'J W /:0 c.: UJ ::.: u. Beginning at the most northerly corner of Lot 4 in said Block 77; thence along the northeasterly line of said Lot 4 south 510 32' 30" east 63,86 feet to the northeasterly corner of said Lot 4; thence at right angles to said northeasterly line north 380 37' 30" east 40.00 feet to the northeasterly line of said Indiana Street; thence along said north- easterly line of Indiana Street north 510 32' 30" west 63.86 feet to a line bearing north 380 27' 30" east from the point of beginning; thence along said last-mentioned line at right angles to the north- easterly line of said Lot 4 south 380 37' 30" west 40.00 feet to ~he point of beginning, all of which land is hereinafter referred to as the "Affected Land", hereby agrees' and covenants 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-or-way adjacent and contiguous to the Affected Land, and on behalf of and for the benefit of the "Benefited Land" which consists of and includes all the' public and private land located within 500 feet of the Affected Land as follows: ;z: o j:;, no' ; (21 u I/l '" Q 1, The Affected land shall be held as one parcel and no portion thereof shall be sold, conveyed or - 1 .:. . . ~ assigned separately or legally divid~d 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 its 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 the Covenantee and its heirs, successors and assigns and is for the benefit of all the Benefitted Land and the heirs, successors and assigns of the owners of the Benefitied Land, and this Covenant and " Agreement shall run with the land and shall be binding upon the heirs, successors and assigns of the Covenantor. 3, The City'of Arcadia in its capacity as Cdvenantee 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 provisions 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 ittvalid 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 each executed this instrument on the date shown opposite their respective signatures, 7&- 688046 - 2 - f' " i 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ss. ) '7S": 688046 ".. On this.s-clt- day of ~ personally , 1978, before me Al" HENRY, know~p~~a;:dt~OB T E. HONER, known to me to'be ~~: ~~e~~:t, a notary public, instrument on behalf o~et~~ec~~c~~~~:y of the,corporation that ~x:~~te~n~h:I;~AR~ v. ~~~~l~~~~~r~;if~se~~~rudtedfthd~ wjthinlf~si~~;:~~ ~~~~~~n~n~oa~~~owbyled1ged to me i~~~ o 1 rectors. - aws or a WITNESS my hand and official seal. AL9A~Ar: vefl g OFFICIAL SEAL - , ALICE L. TAfT C) . . NOTARY PUBLIC . CALIFORNIA PRINCIPAl OFFICE IN ~ ' LOS ANGELES COUNTY My Commission Expires June 26, 1978 . .' 'j!sJ 6880Lt6< .f' . :,' CERTIFICATE OF ACCEPTANCE , This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, 'a Municipal Corporation, by the deed, grant, conveyance or instrument dated June 5" ',1978 , from or executed by HTL Industries , Ine. , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the' City of A!cadia, 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 County; and the City of Arcadia consents to the recordation'thereof by its duly au orized officers. /"- --" , document thus described is hereby approved as ~ffi C A tf?orney " ~//~ City Engineer ~,. -. . '. .. ( - .. . ~' . . ~ .' , . , " '~ " Dated: ~ (/ ,J /f7cf ( Datedt~ S; /11:1 (ACKNOWLEDGMENT) (CORPORATE SEAL) ~ ~~~, HTL INDUSTRIES, INC, Coven tor 1/ ?,J- CITY OF flRCflDI A Covenantee '78- 688046 3 3 ARY