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HomeMy WebLinkAboutD-2650 ~I -l I I I I J , '! .~ This page is part of your document - DO NOT DISCARD 04 2147549 i ~~ I RECORDEDIFILED IN OFFICIAL RECORDS RECORDER'S OFFICE <"",' LOS ANGELES COUNTY "'F" CAUfORNIA 3:41 PM AUG 19 2004 , '----- ~ J ~ IFEE I -u-r-- ------ TT l\>fI~ \ --O.T.T'I I I I I i /FREE I I I I "I : : I I I " I _ _,~_,.J L_,_......J , iCODE I ' 20 ! iCODE! I 19 , , -1 jCODE I '9 , 1-' --- ->.------ '--,--. 1-_1_ _ Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown ; --"T T-~~' -I - " -r !---~ - '-J- i : I ' I ' 'I I L.__L.......L.-..~ _,~ l_~ .~~.._~ L- _,...l.-_..] ~~ T -r-l ~_~-L--' ~ THIS FORM NOT TO BE DUPLICATED ~ f1/r .v f-; 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" if ~/j/=f 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 lD 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 - - - - - - - - i - - - - ERIKA lDON1 l@ commlsslon#1471655 ~ $ ... Notal'( PubOc . CaIIIOInID ~ ~ ' Los Mge\eS CounIY i i . Mv~._~_~22.:~ --- - - - - 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 1 . ' 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 ~RII<A IOONI ~_. commiSSIOn # 1471655 . ". NolOtV Public' Callfomla ~ i .-. \.osMg8IlISCoun!Y k i _ ~~.~_~22,2~ - 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