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04 2147549
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RECORDEDIFILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
<"",' LOS ANGELES COUNTY
"'F" CAUfORNIA
3:41 PM AUG 19 2004
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Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink.
Number of AIN's Shown
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
04 2147549
City Attorney
City of Arcadia
240 W. Huntmgton Drive
Arcadia, CA 91007
COVENANT AND AGREEMENT TO DEVELOP
AND HOLD PROPERTY AS ONE PARCEL
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
GEORGE C. GOOD AND MARCIA ANNE GOOD, TRUSTEES OF THE GOOD
LIVING TRUST UNDER DECLARATION OF TRUST DATED AUGUST 17, 1987
AS TO AN UNDIVIDED 1/2 INTEREST AND KENNETH N. LINDGREN AND
MARY E. LINDGREN, HUSBAND AND WIFE, AS COMMUNITY PROPERTY
AS TO AN UNDIVIDED 1/2 INTEREST
hereinafter referred to collectively as "Covenantor", hereby declares to be the owners
of that certain real property located at 11715 Clark Street m the City of Arcadia,
County of Los Angeles, State of California, more particularly described in the attached
Exhibit "A" mcorporated 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 of the Covenantee's land, which is the public street and nght-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
04 2147549
I. The Affected Land shall be held and developed as one parcel and no -3
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 their successors or
assigns shall be liable for the reasonable attorneys' fees of Covenantee.
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. 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 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:~ 13,}
,2004
Dated: aut 13
,2004
Dated: f1vG- 1-:5
,2004
Dated: ~ v.. ~r c::" 2004
Dated:
~,'(J
,2004
APPROVED AS TO FORM:
~P.~
Stephen p, Deitsch
City Attorney
04 2147549
"COVENANTORS"
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Geor e C 00& ,
<-ntCLtu:.... ~ &co-J
Marcia AnrKGood
~ <( W._
Mary . Lindgren ~
"COVENANTEE"
"CITY OF ARCADIA,
a Municipal Corporation
~
William R. Kelly
City Manager
3
,
04 2147549
LOTS 642 TO 652 INCLUSIVE, LOTS 888 TO 891 INCLUSIVE AND LOTS 1130 TO 1133 INCLUSIVE OF THE
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.
EXCEPT THE SOUTHWESTERLY 5 FEET OF SAID LOTS 1130 TO 1133,INCLUSIVE, AS CONVEYED TO
THE CITY OF ARCADIA BY DEED RECORDED ON AUGUST 28, 1973 AS INSTRUMENT No. 4247, IN BOOK
D 5999 PAGE 860, OFFICIAL RECORDS.
SAID LAND BEING A PORTION OF THE LANDS DESIGNATED "NOT A PART OF THIS SURVEY" ON
RECORD OF SURVEY FILED IN BOOK 82 PAGE 10 AND BOOK 84 PAGE 33 OF RECORD OF SURVEYS IN
SAID OFFICE OF THE COUNTY RECORDED. TOGETHER WITH THAT PORTION OF DEARBORN STREET,
50 FEET WIDE, AS SHOWN ON SAID MAP, TITLE TO WHICH WOULD PASS WITH A LEGAL
CONVEYANCE OF SAID LAND AS SAID DEARBORN STREET WAS VACATED BY RESOLUTION No 4479
OF THE CITY OF ARCADIA, A CERTIFIED COPY OF SAID VACATION BEING RECORDED FEBRUARY 21,
1975 AS INSTRUMENT No. 3572, IN BOOK 0-6564 PAGE 126, OFFICIAL RECORDS.
EXHBBll1f 06 A ..,
04 2147549
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of Califorma
} ss
County of L05 Pr(I1 ~-afS
On f';\JGu.l5t \~ ,WQL\ before me, -Ef01(Ft l[X1.JI, tJD~ Pv BLlQ.;,
Dalll , Name and Hilt 01 orrlCer ie 9, "Jane Doe N Put*:j
personally appeared Q-,eb~,f C. qoOD ~ fYlPrfCClI"\ f\-rJN r::, Q,D ,
. Name(s)01 Slllnllr(l)
o personally known to me
%proved to me on the bas,s of satisfactory
eVidence
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l@ commlsslon#1471655 ~
$ ... Notal'( PubOc . CaIIIOInID ~
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to be the person(s) whose name(s) ;61are
subscribed to the within Instrument and
acknowledged to me that be1'~hhey executed
the same In l>!Sibef1{hell authorized
capaclty(,es), and that by )>fflIbeflthell
slgnature(s) on the ,nstrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the Instrument
OPTIONAL
Though the mformatlOn below IS not reqUired by Jaw, It may prove valuable to persons relymg on the document and could prevent
fraudulent removal and reattachment of thiS form to another document
Description of Attached Document
Title or Type of Document
Document Date
Number of Pages
Srgner(s) Other Than Named Above
Capacity(ies) Claimed by Signer
Signer's Name
.
Top of thumb here
o Indlv,dual
o Corporate Off,cer - Title(s)
o Partner - 0 Llmrted 0 General
o Atlorney,rn,Fact
o Trustee
o Guardian or ConselVator
o Other
Signer Is Representing'
C1999NlllI01liI1No\llry"lllOCIabOn'935{lDeSoloi'lv!J PO Bo_2-W2'C\lIIlIiworth C.ll91313-24tl2'wwwnaW:liwllnolaryorg
Prod No SOO7
RIIOI'Oer CalToII-Fruel-800-67lHlB27
04 2147549
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of LC6 fttJ {;z Clf:,"S
} ss
On pru(--rilSl (!Y2cc4
before me,
EtC\~..,'2of~~:' ~~f[)6l-1 e.-
1-/ tv D('1RJ;r-.J ~ (YJ/-lf2..l.j F UN /Y;7R
Namll(a)of Slgner($)
DlIle
personally appeared kcNN l?rt-1 N
o personally known 10 me
~ved to me on the bas's of satisfactory
eVIdence
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~_. commiSSIOn # 1471655 .
". NolOtV Public' Callfomla ~
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to be the person(s) whose name(s)~e
subscribed 10 the within Instrument and
acknowledged to me that ~~hey executed
the same In )lIS1~/thelr authorized
capacltY(les), and that by )H'l1Pet/thelr
slgnature(s) on the Instrument the person(s), or
the enlily upon behalf of which the person(s)
acted, executed the rnstrument
OPTIONAL
Though the mformatlon below IS not reqUIred by law, It may prove valuable to persons relying on the document Bnd could prevent
fraudulent removal Bnd reattachment of this form to another document
Description of Attached Document
nUe or Type of Document
Document Date
Number of Pages.
S'gner(s) Other Than Named Above
Capacily(ies) Claimed by Signer
S,gner's Name
.
Top 01 thumb here
o Individual
o Corporate Officer - nUe(s)
o Partner - 0 L,m,ted 0 General
o AttorneY'ln,Fact
o Trustee
D Guardian or Conservator
o Other
Signer Is Representing
= 1999 NatIOnal NolaryAssoclilU:ln' 9350 De SotoAwt, PO Box 2"'02' Cha!sworth, CA 91313-2402' wwwl1lltlOnalnolllryorg
Prod No 5907
Reorder CaItTolI-Fre81.eoo-676-6B27