The URL can be used to link to this page

Home My WebLink AboutD-2625 . This page is part of YOl!r document - DO NOT DISCARD , ~ .... 1 > , , 03 3326303 RECORDEO""LED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 8:04 AM NOV 05 2003 (Ol/iVlfAJt{ A.hd Ir1 ({U'It Oe/- fv Oev'-uo p tul d fin I J (10 R f'/( "PaV[ cJ - vJC\l I (''sf'.s ~3D- 382 (oH.t1 r,'w> DriV{', AYlu dlt1, rul/fo((;l('fA.. ~I~ IU ~III~II U~ I ~~ II LEA D SHE E :r .., '. TITLE(S): .. IFEE FEE $19 AA D.T,T I OAF $2 I I C.20 5 CODE 20 CODE 19 CODE 9 - Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. .... Number of AIN's Shown ITIIJ - U~ - ITIJ .. THIS FORM NOT TO BE DUPLICATED [IT] .... ~ , , . \ UiJ .1,iJ~tH)U3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 2-- COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD. VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, YAW A Y ENTERPRISES, INC" a California Corporation hereinafter referred to collectively as "Covenantor", hereby declares to be the owners of that certain real property located at 380-382 Torrey Pines Drive 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 behaif 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. Tht; Affected Lili,d shall be h(Jd and developed. as on~ 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 their successors or assigns shall be liable for the reasonable attorneys' fees of Covenantee, 1 ". 03 3326303 ., 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 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 ,2003 @ Cl .- - ..1..... NabyNllD.(, - .. LoI AngIleI CcIunIr MvColm\. __Oct I" Dated: 1[)j?J, ,2003 APPROVED AS TO FORM: '" ~O-J~ Stephen p, Deitsch City Attorney 03 3326303 '~ "COVENANTORS" Y away Enterprises, Inc, a California Corporation f~~tw 19natur OCOi\Q.,/ ~f\Q~~cQ~ Title ' "COVENANTEE" "CITY OF ARCADIA, a Municipal Corporation ~ William R, Kelly City Manager 3 , . . 03 3326303 P LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CAliFORNIA AND IS DESCRIBED AS FOLLOWS: , ' PARCEL 1: LOT 18 OF TRACT 42938, /N THE CITY OF ARCADIA, AS PER MAP RECORDED IN BOOK 1180 PAGES 85 TO 88 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, RESERVING THEREFROM AN EASEMENT FOR INGRESS AND EGRESS, AND COMMON DRIVEWAY PURPOSES OVER THAT PORTION OF SAID LAND INCLUDED WITHIN A STRIP OF LAND 18,00 FEET WIDE THE CENTERLINE OF SAID STRIP BEING THE COMMON PROPERTY LINE OF LOTS 15 AND 16 OF SAID TRACT 42936. EXCEPT THEREFROM THAT PORTION OF SAID STRIP LYING EASTERLY OF THE WESTERLY LINE OF THE EASTERLY 30 FEEIT OF SAID LOTS 15 AND 16, EXCEPT THEREFROM All CRUDE OIL, PETROLEUM, GAS, BREA. ASPHALTUM AND ALL KINDRED SUBSTANCES AND OTHER MINERALS UNDER AND IN SAIO LAND, WITHOUT ANY ENTRY UPON THE SURFACE OF SAID LAND OR THROUGH ANY PORTION THEREOF ABOVE A DEPTH OF 500 FEET, FROM THE SURFACE FOR THE PURPOSE OF EXPLORING FOR, EXTRACTING, MINING. BORING, OR ANY OTHER PURPOSES, AS IN DEED RECORDED FEBRUARY 2,1982 AS INSTRUMENT NOS. 82-116860,82-118861 AND 82-118865, , PARCEL 1A: AN EASEMENT FOR INGRESS AND EGRESS AND COMMON DRIVEWAY PURPOSES OVER THAT PORTION OF LOTS 15 AND 16 OF TRACT 42936, IN THE CITY OF ARCADIA, AS PER MAP RECORDEO IN BOOK 1160 PAGES 85 " ' ToO 88 INCLUSIVE OF MAPS,'IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 18,00 FEET WIDE THE CENTERLINE OF SAID STRIP BEING THE COMMON PROPERTY LINE OF SAID LOTS 15 AND 16, EXCEPT THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF THE EASTERLY 30 FEET OF SAID LOTS 15 AND 16, EXCEPT THEREFROM THAT PORTION LYING WITHIN PARCEL 1 ABOVE, PARCEL 2: LOT 17 OF TRACT 42936, IN THE CITY OF ARCADIA, AS PER MAP RECORDED IN BOOK 1160 PAGES 85 TO 88 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPT THEREFROM ALL CRUDE Oil, PITROlEUM. GAS, B~EA, ASPHAlTUM AND ALL KINDRED SUBSTANCES AND OTHER MINERALS UNDER AND IN SAID LAND, WITHOUT ANY ENTRY UPON THE SURFACE OF SAID LAND OR THROUGH ANY PORTION THEREOF ABOVE A DEPTH OF 500 FEET, FROM THE SURFACE FOR THE PURPOSE OF EXPLORING FOR, EXTRACTING, MINING. BORING, OR ANY OTHER PURPOSES, AS IN DEED. RECORDED FEBRUARY 2, 1982 AS INSTRUMENT NOS, 82-118860; 82-118861 AND 82-118865, PARCEL 2A: AN I:ASEMENT FOR INGRESS AND EGRESS AND COMMON DRIVEWAY PURPOSES OVER THAT PORTION OF LOTS 17 AND 18 OF TRACT 42938, IN THE CITY OF ARCADIA. AS PER MAP RECORDED IN BOOK 1160 PAGES 85 TO 88 INCLUSIVE OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 18,00 FEET WIDE THE CENTERLINE OF SAID STRIP BEING THE COMMON PROPERTY LINE OF SAID LOTS 17 AND 18, EXCEPT THEREFROM THAT PORTION LYING EASTERLY OF A LINE BEARING NORTH 310 3D' 00' EAST AND PASSING'THROUGH THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN SAID COMMON PROPERTY LINE SHOWN ON SAID MAP AS HAVING A BEARING OF NORTH 580 30' 00' WEST 164,94 FEET, EXCEPT THEREFROM THAT PORTION LYING WITHIN PARCEL 2 ABOVE. ~~!J={In~01f ""~OO, c: \} , v - . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 03 3326303 ~ State of California } ss, -, -I -I County of &-~oo On ~ ,JO, ;;)00'-\ ,before me, Date personally appeared f'1Y\~ ,/'\ 7ht.lO ~(nlP YC(y,\, Neme and Tille of OITicer (e g , 'Jene Doe, Notary Public') Name(.)otSlgnor(a) o personally known to me ~ved to me on the basis of satisfactory eVidence . C -. ..,..... ....,NIID . (- .Il. ...AIlgIIIt CllIIlIr _c.a--.Ollt,,, to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacltY(les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Inst ment ~I I seal. WITNESS I ,- Place Notary Seal Above Pubhc OPTIONAL Though the mformatlon below IS not reqUired by law, 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 ~ Q TltleOrTypeOf~~~g~;& ~~ _ ~I; 't Document Date I~ -,J - , Number of Pages .'3 Slgner(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name o Individual o Corporate Officer - Title( s) o Partner - 0 Limited 0 General o Attorney In Fact o Trustee D Guardian or Conservator o Other RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Represenling ~ C 1991 National Notary AssocIation. 9350 De Sote Ava. PO Box 2402 . Chatsworth. CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6627