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79- 530235
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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
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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
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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.
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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
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79- 530235
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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
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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
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TO
City of Arcadia
MJ\'( 14 1979
"COVENANTEE"
City of Arcadia
Dated
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79- 53(,235
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STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES
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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
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'79- 530235
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
SS.
On this N day of
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, 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
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Signature
(Official Notarial Seal)
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79-530235
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
SS.
On this W day of
du~~
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,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.
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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
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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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.
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OFFICIAL SEAL
MARTHA TAYlOR
NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY
My comm. expires NOV 29, 1981
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Signature
(Official Notarial Seal)
79- 530235
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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 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.
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City Engineer
The d is hereby approved as t
* william H. Marmion
.Lucile Davis Marmion
79- 530235
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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.
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OFFICIAL SEAL
MARTHA T AYLOR
NOTARY PUBLIC. CALIFORNIA
lOS ANGELES COUNtY
My comm. expires NQV 29, 1981
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Signature
(Official Notarial Seal)
79- 530235
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