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Home My WebLink AboutD-2649 ~4 21475~ I l I I I \ A This page is part of your document - DO NOT DISCARD l--~ t- ~ . f .A. DEDIFILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CAUFORNIA 3:41 PM AUG 19 2004 , l_ __ ._'_' .. ~_~ TITLE(S) : J A. -,--, --------'l--'- '----r D.T.T i I -_-J I , ' I : rFE:F:E~ ~~S ~I I I CODE : : 20 I I 1-~-- I ~ (CODE I' 19 , L-=:=- :...__,__ ~~____ __________ .____..~_ ~ il I I I I ' . I I -- I ,__.LJ_ - , , i ,--j I \ t I , , L...___....J Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown '_-L'dT'1]' "-T--r- -I '-r- ;-: ~_, L, ! - :,~t_ : - ~~__~ A. THIS FORM NOT TO BE DUPLICATED ,-TO .A. A. {III' ..,/ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dnve Arcadia, CA 91007 04 2147550 'I- COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, FOOTHILL TRANSIT, A JOINT POWERS AUTHORITY hereinafter referred to collectively as "Covenantor", hereby declares to be the owners of that certain real property located at 5640 Peck Road in the City of Arcadia, County of Los Angeles, State of California, more particularly described in the attached Exhibit "A" incorporated as part of this Covenant and Agreement. Covenantors 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 ofthe Covenantee's land, which is the public street and right-of-way adjacent and contiguous to the Affected Land, and on behalf of and for the benefit of the "Benefitted 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 Illvoluntarily sold, conveyed or assigned separately or legally divided until released III 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 their successors or assigns shall be liable for the reasonable attorneys', fees of Covenantee, 1 , 04 2147550 2. This Covenant and Agreement IS for 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 binding upon the heirs, successors and assigns of the Covenantors. .3 3. The City of Arcadia in its capacity as Covenantee and in Its capacity as the legal representative of the residents ofthe 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 competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Covenant and Agreement. IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures, [SIGNATURES ON NEXT PAGE] 2 ..' Dated: firJ"tJ 11 , 2004 Dated: ,2004 Dated: J)() ,2004 APPROVED AS TO FORM: , ~p.~ Stephen P. Deitsch City Attorney Lf 04 2147550 "COVENANTORS" Foothill Transit a Join owers Authority ~r~1t J. &v.-,el Print Name ex~vc- ~ 'vt-~V Title Signature Title "COVENANTEE" "CITY OF ARCADIA, a Municipal Corporation U1t\~ William R. Kelly City Manager 3 . , 04 2147550 Lots 395 to 410 inclusive, per Chicago Park. Tract, in the City of Arcadia, County of Los Angeles, State of California as per map recorded in book 30 page, 100 of miscellaneous records, in the office of the county recorder of said county, together with that certain portion of southerly one half of State Street as shown on map of Chicago Park. Tract, in the City of Irwindale, County of Los Angeles, State of California, per map recorded in book 30, page 100 of Miscellaneous records, records in the office of the county recorder of said county being described as follows: Beginning at the northwesterly comer of Lot 395 of said Chicago Park. Tract; thence North 21 '39'00" East along the northeasterly prolongation of the westerly line of said Lot 395 a distance of 25.00 feet to the centerline of said State Street; thence South 68'21'OO"East along said centerline of State Street 400.00 feet to a point in the northeasterly prolongation of the easterly line of Lot 410 of said Chicago Park. Tract; thence South 21 '39'OO"West, along last mentioned prolongation of said easterly line a distance of 25 00 feet,to the northeasterly comer of said Lot 410; thence North 68'21'OO"West along the southwesterly Right Of Way line of said State Street 400.00 to the Point of Beginning. } EXHB~Dif f6A'" U4 ~I47a50 ~ State of California RIGHT THUMBPRINT (OptIonal) County of LOS ANGELES ~ " "v~v,.,.. 11 ;;>-w'i before me~-ifoBERT c. RUSSELL,' NOTARY " . ---- -- --- - , O'n ~ IDATEI INAMEfTITlE OF OFFICER-! e,"JANE DOE, NOTARY PUBLIC"' ~ Dnl1-f'>>V e, A"-"'eS . personally appeared \J. ~ INAMEl51 OF SIGNERISJ} CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUALISI OCORPORA TE 0 personally known to me -O~ groved to me on the OFFlCER/SI as is of satisfactory fTITU:Sl evidence to be the OPARTNER(SI DUMITEO person(s) whose name(s) OGENERAl Is/are subscribed to the OATTORNEY IN FACT within instrument and OTRUSTEEISI acknowledged to me that OOUARDIAN/CONSERV A TOR helshelthey executed the DOTHER -,,-,-----..--_--- - ~ 18ROBERTC:~1 same in his/her Itheir authorized capacity(iesl. 13 COMM.'l383B03" ,. and that by his/her/their SIGNER IS REPRESENTINO. NOTAAYPUBUC.~ signature(s) on the lNamo of Personls) or Entltylrosl III LOS ANGElES COUNTY 1 ',' My Comm. Expires Nov. 7,2006 instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the Instrument. RIGHT THUMBPRINT (Optlonall Witness my hand and official seal. . , " ~ /bC.~ " . ISEALI 0 . ~ / tSIGNATURE OF NOTARY) . CAPACITY CLAIMED BY SIGNER IS) OIN01VIOUAlIS) OCORPORA TE ATTENTION NOTARY OFFICER IS) The information requested below and In the column to the fight IS OPTIONAL. (lnuSl Recording of this document IS not reQUired by law and IS also optional. It could, however, prevent fraudulent attachment of thIs certltlcate to any OPARTNER1S) DUMITED , unauthorized document. OGENEAAL DATTORNEY IN FACT nilS CERTIFICATE . Trtle or Type of Document OTRUSTEEISI MUST BE ATTACHED OGUARDIAN/CONSERV A TOR TO THE DOCUMENT Number of Pages Date of Document DOTHER DESCRIBED AT RIGHT- , Slgnerlsl Other Than Named Above SIGNER IS REPRESENTINQ- INamo 01 Personfl) or Entltyfll,a) WOLCarrS FORM 83237 Relt. 3-94 t\1flC.. ellS_ 8.2AI C1 U04 WOlCOTTS FORMS,INC . ,.tJ.L PURPOSE ACKNOWlEDGMENT FOR CALIFORNIA WITH SICiNEA CAPACITYIfIEPRESENTATlONnwO FINGERPRINTS , .' 7 11~~~~llll~IJI!IJll 8