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HomeMy WebLinkAboutD-2094 ~ ,oJ "rJt-;J;NN":I rv~'" ).,01 if ' .; RECORDED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY. CA RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: MAR 30 1979 AT 8 AM. City Clerk city of Arcadia P. O. Box 60 Arcadia, California 91006 Recorder's Office t!fI $13 0 ~~@ C I COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, GEORGE W. ELKINS, an individual; GEORGE ELKINS COMPANY, a California Corporation; GEORGE W. ELKINS; HENRY K. ELDER, JUNIOR,' VIRGINIA ELKINS ELDERi DESMOND J. HINDS, ana NANCY ANITA HINDS.,as Co-Trustees and Co-Executors under the will of ANITA ELKINS, deceased, hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain } , I~ real property located in the City of Arcadia, County of Los Angeles, State of California, legally described as fo~lows: >- f_~. ~} .:~ !?1 ill .. ~ ,,& ~-.: ~::} f;: :t: ~ U. Lots 5, 6, 7 and 8 in Block 1, of Tract No. 4129, in the City of Arcadia, as per map recorded in Book 75 Pages 48 and 49 of Maps, in the office of the County Recorder of z o i= ;i a; 0; " '" ," Q said County, a.ll 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 con- tiguous 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- , ' ~ 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 Covenantors 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 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 Benefited Land, and this 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 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. -2- 79- 344224 , .c> IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown opposite its signature. "COVENANTORS" Dated ~j,J~ '1J7 fi!~ , an individual George Elkins Company, a California Corporation March 23. 1979 , e Howes (Title) Secretary Dated March 23, 1979 Dated by (Affix Corporate Seal) The following named persons as Co-Trustees and Co-Executors under the will of ANITA ELKINS, deceased: Dated~,).j-1177 ""- George W. Dated'~ 'J.I, /171 , , ~ &-1 , II Henry K. ~lder, Junior Dated 71}(}J;4~0/fl? 'nia Elkins Dated~ ';)d Iq ,e( ~D~ \~ Desmond J. Hin Dated ~a5J97f / 11 ~/~ Nanc~Hinds -3- 79- 344224 ~ (Corporation) I" Sl'ATE OF CALIFORNIA \ 'COUNTY OF Los Angeles . , Pfl March 23, 1979 before me, the undersigned, a Notary Public in and for said t State, personally appeared Henry K. Elder, Jr. ~ known to me to be the President, and known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who 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. 79- 344224 } ss. IIgnn.e INSURANCE AND TRUST l/- TO 1945 CA (8.74) A TlCOR COMPANY Lucille Howes w . w x w ~ ~ < ~ .. ~ WITN ESS my hand and official seal. '1- ~~~.-;:. : -, ~- ~:~=A~~f~:-l' i;, .~ : _ Notary P\Jbllc . California " .~~ PrlnclPOI Office In .. ." Los A~e'e$ County MY COMMISSION EXPIRES JULY 15, 1981 .-.--.~ .----.-- ,I' ~"cdukfJ Signature A.Lh Dorothy W, Wa,rd (This area ror official notarial seal) .~ < ~ \ . ."- , 4t, . Lf STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On ~t2t ' 19~, before me, the undersigned, a Notary ub11c in and for said County and State, ) personally appeared Lvle W. Albero , kno~n to me to be the ~ir~ M~n~gpr c of the C~ty 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. IftdfMl;)" -<~ Notary Public f)~~ " OFFICIAL SEAL . '" . a ~RISTINE VAN MAANEN , . . . OTARY PUBLIC - CALIFORNIA , ~. M LOS ANGElES COUNTY Y comm, expires JUN 23, 1979 79- 344224 ~ .\ . I .., .' (~ ..r- 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 M"r"h 23. 1979' , from or executed by Georqe W. Elkins, Henry K. Elder, Junior, * , 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 autho ed officers. ~JI~ City Engineer The document thus described is hereby approved as * Virginia Elkins Elder Desmond J. Hinds Nancy Anita Hinds Lucille Howes 79~.344224 . \ ;.. ,\ (II I~ Dated MAR 29 1979 S' "COVENANTEE" City of Arcadia B -4- 79- 344224 , , . f, . l' I' o \ 6'. " : 1 . Pated MAR 29 1979 b "CQVll1N~~jilj!l" CHY of 1\rpacH.a If ~ " " ., O~RTtFIC^T~ Of ^OC~ff^MC! . T~J~ h tp c:enHy ~hat Jhe J!lte~es~ In real prppetty conveye4 Or transferred ~p the OJty pt Arce41a, a ~!l1c:Jp.a~ cprporatJoq, by the 4ee4, ~rant. C:OnveYllnce Of il\strument c1l1tecl MArnl:!::I]. 1 !la 9' , from or ,,~eC:l!ted jJy Georqa W. E1Jdns, Henry 1<. jill ar, Junior, * . J!' hetlljJ)' lIc:cepted ~y the CJty ot ArFe4Ja jJy the pr4er or authof~8l1tJpq Of the CJtY CouncJt pf the . CJ~y of ArcadJII, contal.ne4 ~n ~e!'otutJon No. a963 , adopte4 January 21, ~95P. IIncl recofcle4 ~n ~he pffJce of the ~e~Orqer pf ~oa ^npeles Oo~nty on JanUlltf 29, 195P. as Jn~trument No, ~069 in aook 5644Q, page 264, offJcl.II1 Records of ~os Angeles coun~11 IIn4 ~he C~ty pt ArcadiA consent!' to the recor4atl.pn'tl\ereof jJy I.~a duty auth . oftl.cllra. ~/I~ OHy EnSI.!leel:' Th 40cument thua daser bed 18 herejJy approved II * V~rgin~a El~inB j!l14ar PellmOnd .:z, fUndI! Nancy ~~~a"tn4s ~WJine "ow~1! 0'" , " ;~l~. ....:-;.~..1"'~:.IIU 7!t-.344224 -~-----~---.-.._..__. ~...~_. -.. ,. .-..... - - '., " ' "4'" 79- 344~J4 I STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. On this 23rd day of March , 1979 , before me, Dorothy W. Ward , a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared George W. Elkins , 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. /~ W tLJl4f/ Signature (Official Notarial Seal) ,- @- ~ - - -"- :';'C~AL ;EA7" "-I {~~ DOROTHY W. WARD \~1~ ."~ Notory Public. Califomla "1 PrinClool Offrce In .' Lo~ ~"'oele' County MY COMMISSION EXPIRES JULY 15, 1981 . ---- ....--.-.--.-,........----........ 79- 344224 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ) ss On March 23, 1979 , before me, the under- signed, a Notary Public Ge'orqe W. Elkins in and for said State, personally appeared ., known to me to be a Co-Trustee and Executor under the will of Anita Elkins, deceased, and known to me to be the person whose name is subscribed to the within instrument and acknowledged to me they have executed the same pursuant to the terms of said Will. WITNESS my ~ and official~. Signature ~ lduA (Official Notarial Seal) ~-------- - -~ !"*~ OF/lC'A' SEA' I ~<r. ,.,1\. DOROTHY W WARD ." . f.~. . w ,,.l._ . . , Notary Public California " ", Prlncfpel Office In lO!' AI1C18le, County MY COMMISSION EXPIRES JULy 1:1, 1981 .... -.....--....- -..........--~. -- - - - -- 79- 344224 l STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ) ss On March 23, 1979 , before me, the under- signed, a Notary Public in Hen:r:y 'K. Elder. Junior and for said State, personally appeared .., known to me to be a Co-Trustee and Executor under the will of Anita Elkins, deceased, and known to me to be the person whose name is subscribed to the within instrument and acknowledged to me they have executed the same pursuant to the terms of said Will. WITNESS my hand and official seal. Signature ~ ~ ~ uJ;:;y (Official Notarial Seal) -1~~-&I-::~F~I~I:I";EAI -~! ,. ,DOROTHY W. WARD " . ~.' of. " Note",", Public California 'I PrlndOOI Dffleo In 4... lOf l\'tr..,,,. Countv MY COMMISSION EXPIRES JULY 15. 1981 . ---..-.-..-.---., . ",--- ' 79- 344224 ( - STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ) ss On March 23 19 79 ,before me, the under- signed, a Notary Public in and for said State, personally appeared Virqinia Elkins Elder .., known to me to be a Co-Trustee and Executor under the will of Anita Elkins, deceased, and known to me to be the person whose name is subscribed to the within instrument and acknowledged to me they have executed the same pursuant to the terms of said Will. WITNESS my han and Off:;~t;J:/? Signature (Official Notarial Seal) '1- [In ~ n n ~;C~Al SEAL HI . . DOROTHY W. WARD t .h.. .~'* Notary Public. Collfori::l I. "~'F/ Prlnclool Office .... < ,~;l\ lo~ A."cet",! County ~Y.COMMISS~ON UP IRES JULY 15:.'~ ~ 79- 344224 I STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ) ss On March 23, 1979, before me, the under- signed, a Notary Public in and for said State, personally appeared Desmond J. Hinds' ., known to me to be a Co-Trustee and Executor under the will of Anita Elkins, deceased, and known to me to be the person whose name is subscribed to the within instrument and acknowledged to me they have executed the same pursuant to the terms of said Will. WITNESS my hard and official seal. Signature AvJZt:; tIJ",tk1 (Official Notarial Seal) 'I-~-~-' ~ - -"- - ';F~CIA~;~ n -I . DOROTHY W. WARD ~ ..: __ Notal')' Public - California Prln<.lpal Office In . Los "~les County MY COMMISSION EXPIRES JULY '5, 1981 ...-.......--"...----- ---. 79- 344224 ,. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ) ss On ~.arch 23. 1979 , before me, the under- signed, a Notary Public in and for said State, personally appeared Nancy Anita Hinds ", known to me to be a Co-Trustee and Executor under the will of Anita Elkins, deceased, and known to me to be the person whose name is subscribed to the within instrument and acknowledged to me they have executed the same pursuant to the terms of said Will. WITNESS my hand and official seal. Signature A~ tJlcJcuP (Official Notarial Seal) .,- ,- -".... OffiCIAL s::" .,..,. -," -ii' DOROTHY W, WARD ~ ~ "," Notary Public - Callfomla \. , PrIncipal Office In '11 LO! Anoele~ Countv MY ~O~I.SS~O~ E~PIRES JULY t~...,,!,~ 79- 344224