HomeMy WebLinkAboutD-2094
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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
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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
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real property located in the City of Arcadia, County of Los Angeles,
State of California, legally described as fo~lows:
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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
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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:
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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.
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79- 344224
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IN WITNESS WHEREOF, Covenantor has executed this instrument
on the date shown opposite its signature.
"COVENANTORS"
Dated ~j,J~ '1J7
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, 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
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Henry K. ~lder, Junior
Dated 71}(}J;4~0/fl?
'nia Elkins
Dated~ ';)d
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Desmond J. Hin
Dated ~a5J97f
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Nanc~Hinds
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79- 344224
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(Corporation)
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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
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IIgnn.e INSURANCE
AND TRUST
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TO 1945 CA (8.74)
A TlCOR COMPANY
Lucille Howes
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WITN ESS my hand and official seal.
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i;, .~ : _ Notary P\Jbllc . California
" .~~ PrlnclPOI Office In
.. ." Los A~e'e$ County
MY COMMISSION EXPIRES JULY 15, 1981
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Signature A.Lh
Dorothy W, Wa,rd
(This area ror official notarial seal)
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
On ~t2t ' 19~, before me, the
undersigned, a Notary ub11c in and for said County and State,
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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
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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.
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City Engineer
The document thus described is hereby approved as
* Virginia Elkins Elder
Desmond J. Hinds
Nancy Anita Hinds
Lucille Howes
79~.344224
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Dated
MAR 29 1979
S'
"COVENANTEE"
City of Arcadia
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79- 344224
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Pated
MAR 29 1979
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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.
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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'"
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7!t-.344224
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79- 344~J4
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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.
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Signature
(Official Notarial Seal)
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{~~ 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
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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)
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!"*~ OF/lC'A' SEA' I
~<r. ,.,1\. DOROTHY W WARD
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w ,,.l._ . . , Notary Public California
" ", Prlncfpel Office In
lO!' AI1C18le, County
MY COMMISSION EXPIRES JULy 1:1, 1981
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79- 344224
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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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
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
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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
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
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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
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79- 344224
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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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