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HomeMy WebLinkAboutD-2099 !.:a. ~ t I 79- 530235 1 7)2097 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: RECORDED IN OFFJctAl. RECORDI Of' LOS ANGELES COUNTY, Co\ 21~:r 2 p.M. MAY 16 1979 City Clerk City of Arcadia P. O. Box 60 . Arcadia, California 91006 R8corcIer's Offlce - . COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL I fEE $/~t FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of ,. ., wnich is hereby acknowledged, GERALD G. MYERS, an-individual, and LYNN H. MYERS, an individual, hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain real property located in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lots 18 to 22 both inclusive, Block 76, of Arcadia ?anta 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, all of which aforedescribed is hereinafter referred to coll~ctively as the "Affected Land", hereby agree and covenant with the City of Arcadia, a Muncipal 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. 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. -1- [. .. ~ . >-' in'" ~ Q. L;jW l::G i::::! ?= u.' -i; f o ; i=, ,i c.. 21 l). U): I~l . Q '" 1 2. 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 Benefitted Land, and this Covenant and Agreement shall run with the land and shall be bind- ing 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 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 invalid or unconstitutional by the decision of any court of co~petent 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 signature. "COVENANTORS" {'OJ rq7 CJ WILLIAM H. MARMION' and LUCILE DAVIS MARMION, as holders of the beneficial interest under that certain Deed of Trust and Assignment of Rents (the "Deed of Trust"), dated April 3, 1978, among GERALD G. MYERS and LYNN H. MYERS as Trustors, and BANK OF AMERICA NTSA as Trustee, recorded May 22, 1978, as Instrument No. 78-540622, Los Angeles County Official Records, for and in consideration provided in this Covenant and Agreement, do each hereby (1) consent -2- 79- 530235 " ~. , 3 to the execution and delivery by GERALD G. MYERS and LYNN H. MYERS, to the City of Arcadia of this Covenant and Agreement, and (ii) covenant and agree that our interest in and to Property, described in this Subordination, shall be subject and subordinate to this Covenant and Agreement and that this Covenant and Agreement shall be charges and encumbrances on aforesaid '~roperty prior and superior . . to our interests in aforesaid Deed of Trust and to the lien of afore- said Deed of Trust. IN WITNESS WHEREOF, we have executed our Consent and Subordina- tion to this Covenanlt"and Agreement on the date written below. Dated ~~~ /'171 ~~J/.~~ William H. Marmion0 APPROVED AS TO FORM: ~~~ Lu J.le DavJ.s MarmJ.on l m~ TO City of Arcadia MJ\'( 14 1979 "COVENANTEE" City of Arcadia Dated -3- '. 79- 53(,235 '., .'. , '-/ STATE OF CALIFORNIA ) ) ) ss. COUNTY OF LOS ANGELES ~ On /fl .~ a Notary Publi~1n and for said County and State, personally /II , 1979, before me, the undersigned, 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 on behalf of the Corporation herein named and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. OFFICIAL SEAL .' CHRISTINE VAN MAANEN . NOTARY PUBliC - CALIFORNIA LOS ANGELES COUNTY My comm. expires JUN 23, 1979 ( ~~~~ '79- 530235 , 5 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. On this N day of ~~~ .. / ~ , 19 ?f , before me a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Lucile Davis Marmion, an individual, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that~executed. the same. WITNESS my hand and official seal. ~ OFFICIAL SEAL EVELYN SAXTON NOTARY PUBLIC. CAllPORNIA PRINCIPAL OFFICE IN . , ~. : LOS ANGELES COUNTY IIl'rj ICJmmission Expires September 7, 1979 ~-41"-'hk Signature (Official Notarial Seal) ,,'! i€:: J "I. 79-530235 '. . . STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. On this W day of du~~ ~7 ,1919' , before me a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared William H. MArminn. an individual known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that~executed the same. WITNESS my hand and official seal. ~~~r~ Signa ure ~ OFFICIAL SEAL EVEL YN SAXTON NOTARY PUBLIC. CAlIPORNIA PRINCIPAL OFFICE IN ,~. LOS ANGELES COUNTY My Commission Expires September 7, 1979 (Official Notarial Seal) 79- 530235 o ..... . 7 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ) ss. On this J'A-,,(.. day of l1r~ ' 1971, before me, ~t::L../ j'~ ' a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Lvnn H. Myers. an i ndi vi nllrl 1, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that sh~ executed the same. WITNESS my hand and official seal. $~. . " "1 !. 1,,0> :" '\ . , . .' OFFICIAL SEAL MARTHA TAYlOR NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My comm. expires NOV 29, 1981 /;7-4......:dA./ 0J;;'yj?~ Signature (Official Notarial Seal) 79- 530235 .' .... , '1 t ./ '. . !' /~ 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 Mav 1', 1979 " from or executed by Gerald G. Myers, Lynn. H. Myers, * , 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, Officiai Records of Los Angeles County; and the City of Arcadia consents to the recordation' thereof by its duly authoriz offi rs. ~/!~ City Engineer The d is hereby approved as t * william H. Marmion .Lucile Davis Marmion 79- 530235 '.. .. --. (' \ . ~ , ,.\ STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. On this ")d day of l7?~ ' 1971 . before me, ?n~ "" 'b''v.f.;, . , a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Gerald G. Mvers. an individual,known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. ~., , , '; m. :'" .' <,".., ~ OFFICIAL SEAL MARTHA T AYLOR NOTARY PUBLIC. CALIFORNIA lOS ANGELES COUNtY My comm. expires NQV 29, 1981 lh~J"~ Signature (Official Notarial Seal) 79- 530235 v