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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
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City Clerk
City of Arcadia
P. O. Box 60
Arcadia, California 91006
5 0 1
COVENANT AND AGREEMENT TO HOLD
PROPERTY AS ONE PARCEL
,
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged, AMERICAN TITLE COMPANY, INC., a
California Corporation, (hereinafter referred to as the "Coven-
antor"), owner of the land particularly described as follows:
The North 3.65 feet of Lot 34 and all of Lots 35
and 36 in Block 83 of the 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 County Recorder of said County.
.
EXCEPT therefrom those portions of said Lots 34, 35
and 36 described as follows:
Beginning at the Northwest corner of Lot 36 of
said block; thence Southerly along the Westerly line
of said Lots 36, 35 and 34 to a point thereon 3.65
feet Southerly of the Northwest corner of last said
Lot; thence Easterly parallel with the Northerly line
of last said lot to a line that is parallel with and
10 feet Easterly of said Westerly line; thence North-
erly along said line 88.65 feet to the beginning of a
tangent curve concave to the Southeast and having a
radius of 15 feet, the Easterly terminus of said curve
also being tangent to the Northerly line of said Lot
36; thence Northeasterly along said curve to said
Northerly line; thence Westerly along last said line
to the point of beginning, as deeded to the City of
Arcadia for street and highway purposes to become a
part of and to be known as First Avenue, said deed
recorded on September 16, 1970 as Instrument No. 2556,
Official Records of said County.
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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-of-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:
1. The Affected Land shall be held as one parcel and no
portion thereof shall be voluntarily or unvoluntarily
sold, conveyed or assigned separately or legally di-
vided 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, convey-
ance 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 Benefited
Land the heirs, successors and assigns of the owners
of the Benefited 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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19--- 128696
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3. 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
Benefited 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 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 has executed this instrument
on the date shown opposite its
JANUARY 19, 1979
signature.
~' TITLE CO",A"
B: ~ ~
DARWIN DUNCAN'~RESIDENT
AME CAN TITLE COMPANY, INC.
Secretary
JAMES E. WALKER
Dated:
(ACKNOWLEDGEMENT)
(CORPORATE SEAL)
CERTIFICATE OF ACCEPTANCE BY CITY OF ARCADIA MUST BE ATTACHED.
-3-
79-- 128696
..
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STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF LOS ANGELES
On
JANUARY 19
, 19~, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared DARWIN DUNCAN
, known to me to be the
Vi ce Pres i dent and
JAMES E. HALKER
known to me to be the
Secreta ry
of
AMERICAN TITLE COMPANY
the corporation that executed the within instrument and known
to me to be the persons who executed the within instrument on
behalf of said corporation, 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 SLAL
.~.
. lE ETTE lEASE
~~.. : NOTARY PUBLIC. CALIFORNIA
LOS ANGElES COUNTY
" My comm. expires MAR 3, 1980
J7~O Wilsl'lirc Blvd., lo:: Angeles, CA 90010
My Commission Expires:
79- 128696
." ~.
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'\...l.... : . This is to certi'fy 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 January 19, 1979 , from or executed
by Darwin Duncan. V. P. American Title Company, inc , 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
County; and the City of Arcadia consents to the recordation thereof by its duly
auth zed officers.
CERTIFICATE OF ACCEPTANCE
~Jt~
City Engineer
The document thus described is hereby approved as
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'79- 128696