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Home My WebLink AboutD-2097 .' . y . ,.. '\ . . 4 , . z 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 March '23, 1979 . , from or executed by Phelps M. Wood, Beverly' Gaebel Wood,* , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of AFcadia. 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 author d officers. tYui/; Jt ~ City Engineer Manager hereby approved a * Ernest P. Gordon Ashford D. WOod Marilyn W. Wood 79- 4067Z7 v--- . ~,:;. ~ " 79- 406727 q'(1 }'J-b RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: REOORLlED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY, CA 4 ~~t a,A.M. APR 161979 City Clerk City of Arcadia P. O. Box 60 Arcadia, CA 91006 Recorder's Office oV COVENANT AND AGREEMENT ~ PHELPS MILLS WOOD and BEVERLY GAEBEL.,~,WOOD, Husband and Wife, as trustees for the benefit of PHELPS MILLS WOOD and BEVERLY GAEBEL WOOD under agreement dated November 13, 1975, as to an undivided 1/4 interest, ERNEST P. GORDON, trustee of the GORDON family trust under that certain trust agreement dated January 8, 1975, inter- vivos, as to an undivided 1/4 interest, and PHELPS M. WOOD and ASHFORD D. WOOD, trustees for the benefit of ASHFORD MILLER WOOD and BARBARA D. WOOD, under agreement dated June 10, 1969, as to an undivided 1/4 interest, and ASHFORD D. WOOD and MARILlNW. WOOD, Husband and Wife, as community property, as to an undivided 1/4 interest, hereinafter referred to collectively as "Covenantors", hereby declare that they are the owners of that certain real property, commonly known as 225 North Second Avenue, City of Arcadia, . , County of Los Angeles, State of California (hereinafter referred i .. to as "Affected Land") and legally described as follows: Lots 19 and 20 in Block 79 of the Arcadia Santa Anita Tract, in the City of Arcadia, in the County of Los Angeles, State of California, 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 the following described portion: " Beginning at the southeast corner of said Lot 19; thence northerly along the easterly lines of said Lots 19 and 20 to the northeast corner of said Lot 20; thence westerly along the northerly line of said Lot 20 to the westerly line of the easterly 20.00 feet of.,said Lot 20; thence southerly along said westerly line to the southerly line of the northerly 16.00 feet of said Lot 20; said. point being the beginning of a tangent curve concave easterly having a radius of 540.00 feet; thence southerly along said curve 95.74 feet to the southerly line of said Lot 19; thence along last mentioned southerly line 11.75 feet to the point of beginning. 'lm ,.. >'Q;' "'-, ::::=--,0- .....liJ i=', x: t:'114 e;:."L:.l ~ :z:~ ~( 'P .;;,: '0 t: c.::,.... U VI ~. .3 " In consideration of Parcel Map L-77-12 granted to Covenantors by the City of Arcadia to consolidate two lots into one lot, receipt of which is hereby acknowledged, Covenantors hereby cov- enant and a~ree 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 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. That the Oak Tree presently existing on Lot 19 of Affected Land shall not be damaged, cut, mutilated or removed from said lot except with the written consent of the Planning Director of the City of Arcadia. 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 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. Covenantors agree to notify their assignees or successors in interest in said Prperty of this Covenant and Agreement. 4. 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 Benefitted Land is hereby authorized to enforce the provisions of this Covenant and Agreement, for which Covenantors agree to pay attorney's fees. 5. 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- 406727 '. f .,' . / IN WITNESS WHEREOF, Covenantors and Covenantee have each executed this instrument on the date shown opposite their res- pective signatures. "COVENANTORS" As Co-Trustees under Trust dated November 13, 1975 DATED : ~ - d-. \ - 11 ~~ PHELPS WOO~ DATED: 3 -;2/-71 ~~z;/J BE RLY BEL WOOD As Trustee under Trust dated January 8, 1975 DATED: 3 -;?-/ - 77 &~J-P ~n-- ERNEST P. GORDON As Co-Trustees under Trust dated June 10, 1969 DATED: ~ -;). \- 19 ~~w.w~ PHELPS 'M. WOOD DATED: 31 ~s Ilq ,. , ~&.w~. ASHFOR D. WOOD As Husband and Wife DATED: ~ 1 IS /i'l . I ~P9Q(a)~' ASHFOR D. WOOD DATED: 3/10/7'1 , ...ua..."'~ hi: )-yu-r-tl MARILY W. WOOD "COVENANTEE" DATED: ~/'?31?7 - Arcadia -3- 79- 40,6727 J~ STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On March 21, , 19~, before me, the under- signed, a Notary Public in and for said State, personally appeared PHELPS MILLS WOOD and BEVERLY GAEBEL WOOD, known to me to be the trustees of that certain trust for the benefit of PHELPS MILLS WOOD and BEVERLY GAEBEL WOOD under agreement dated November 13, 1975, and known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me they have executed the same pursuant to the terms of said Trust. Signatu ~--. OFFICIAL SEAL ." '. ~d:~R~;~.L~~~~~!~~~ PRINCWAL OFFICE IN LOS ANGELES COUNTY My Commission Expires October 3, 1981 (Official Notarial Seal) STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On March 23 , 1'9 ~. before me, the under- signed, a Notary Public in and for said State, personally appeared ERNEST P. GORDON, known to me to be the trustee of the GORDON family trust under that certain trust agreement dated January 8, 1975, intervivos, and known to me to be the persons whose names are subscribed to the within instrument and acknow- ledged to me they have executed the same pursuant to the terms of said Trust. Signature h ~ 6: J!v};<A~ (Official Notarial Seal) OFFICIAL SEAL ROSE E. SIMMS NOTARY Pl,J811C - CAUFOqNIA . LOS ANGELES COUNTY My comm, expires rES 28. 1981 -4- 79- 406727 ,- ..-~-,.--. h " STATE OF CALIFORNIA ) ) ss. ) 5Pt-... FIZ..A",',) 4.l..I COUNTY OF .- - On ro~ 110 , 197~, before me, the under- signed, a Notary Public in and for said State, personally ~ appeared - ASHFORD D. WOOD, known to me to be '" the trustee. under that certain trust agreement dated June 10, 1969 for the benefit of ASHFORD MILLER WOOD and BARBARA D. WOOD and Co .. 'S known to me to be the person. whose name. ... subscribed to the ~~ within instrument and acknowledged to me thee ~ executed the same pursuant to the terms of said Trust. Signature~ <X(~ (Official Notarial Seal) ~ . OFFICIAL SEAL GARIEl D. FREUND NOTARY PUBLIC. CALIFORNIA SAN FP.ANCISCO courm- My comm. expires SEP 11, 1982 STATE OF CALIFORNIA ) A 101 flZAt\I".J.,-O SS. COUNTY OF On ~ 1(, , 197~, before me, the under- signed, a Notary Public in and for said State, personally appeared ASHFORD D. WOOD and MARILYN W. WOOD, known to me to . be husband and wife, and known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me they have executed the same pursuant to the terms of said Trust. Signature ~qf~ (Official Notarial Seal) ~ . OFFICIAL SEAL GARIEl D. FREUND NOTARY PUBLIC. CALIFORNIA SAN FRANCISCO COUNTY My comm. expires SEP II. 1982 -5- 79- 406727 '. 7 Sf ATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On March 21 , 1979, before me, the undersigned, a Notary Public in and for said State, personally appeared Phelps'M. Wood, known to me to be the trustee under that certain trust agreement dated June 10, 1969 for the benefit of Ashford Miller Wood and Barbara D. Wood and known to me to be the person whose name is subscribed to the within instnunent and acknowledged to me ~~;:;;h:;Pf ~ Tnmt. (Official Notarial Seal) . OFFICIAL SEAL €I. :';"'-,. SYDNEY L. DANIELS ~ NOTARY PUBLIC - CALIfORNIA PRINCIPAL OFFice IN . ..'" LOS ANGELES COUNTY My Commission Expires October 3, 1981 79- 406127 " . o . " " STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES on1J!,-td~ ;;53 , 19~, before me, the under- signed, a Notary Public in and for said County and State, per- sonallY appeared LYLE W. ALBERG, known to me to be the City Manager of the City of Arcadia, a Municipal Corporation, the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. ~~ . OFFICIAL SEAL .. .. CHRISTINE VAN MAANEN ';. , : NOTARY PUBLIC M CALIFORNIA ,..' , LOS ANGELES COUNTY r.., comm. expi~e<; JUN 23, '!>7l) ""'~ <<k:tw.~~ Notary Public -6- 79- 406727