Loading...
HomeMy WebLinkAboutD-2564 93--22346f6 . 1\7,'it::>\ ..' RECORDED/FILED IN OF~ICIAL ~I:!Cg RECORDER'S O~FICE LOS ANGELES COUNTY CAUFORNiA ~ 11:21 AM DEe 03 1999 SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE TITLE(S) FEE N/A N/A 0 20 9_ 19 04 19 CODE REC NO, NO PCOR DA SURVEY NOTIF INVOL NON FEE PAGES TITLES FEE MON LIEN CONF, ~ EXAMINER S INT, D -- -", " Assessor s Identification Number (AIN) To Be Completed By Exammer Or Title Company In Black Ink Number of Parcels Shown ITD . . ReviIionNul'l'lbtf 99=2234617 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 DA FEE Code 20 rf~E-~'l ~: J 2.00 sXXI COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, DAPONT, LP hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that certain real property located at 11878 Clark Street in the City of Arcadia, County of Los Angeles, State of California, more particularly described in the attached Exhibit "A" and incorporated herein as part of this Covenant and Agreement: All of which is hereinafter referred to collectively as the "Affected Land" 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 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 involuntarily sold, conveyed or assigned separately or legally divided until released in writing by the City of Arcadia. Any atternpt 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 99 2234617 2. This Covenant and Agreernent 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 Agreernent 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 rnore 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 Agreernent is for any reason held t~ 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 Agreernent. III III III > ~, 2 99 2234617 IN WITNESS WHEREOF, Covenantors have executed this instrurnent on the date shown opposite their signatures. "COVENANTORS" DaPont, LP Dated: /1/0 ( ,1999 s;.I:,4-:; fRr;-SfDEIJT Title "COVENANTEE" Citv of Arcadia Dated: II.M ,1999 l!t.r\uJk William R. Kelly City Manager APPROVED AS TO FORM: ~P.~ Stephen P. Deitsch City Attorney 3 EXHIBIT ,~9 223461 '7 LEGAL DESCRIPTION PARCEL 1: 1/5713 (!Ja",k q, Lots 1408 through 1421. inclusive, of 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 for street and highway purposes described as follows: Beginning at the most northerly corner of said Lot 1408, said most northerly corner being on the southerly line of Clark Street 50 feet wide, said most northerly corner is also on the northeastly extention of the southeasterly line of Parcel Map No. 21609 as per map recorded in Book 235, Pages 23 and 24 of Parcel Maps, in the Office of the County Recorder of said County; thence southwesterly along said northeasterly extension 5.00 feet to the most easterly corner of said Parcel Map No. 21609; thence southeasterly parallel with said Clark Street to the beginning of a tangent curve concave to the southwest having a radius of 22.00 feet, said tangent curve is also tangent to the westerly line of Varus Street shown as La Madera Avenue on said Parcel Map No. 21609; thence northeasterly 5.00 feet to sdid southerly line of Clark Street measured at 90 degree from said southerly line; thence northwesterly along said southerly line of Clark Street to the point of beginning. To Be Known as Clark Street. EXlHla~8T _"A" ~lcUt;l! UI " --~ i TJI"-'" T ,.. County of u S A-rv{,r'h.'P--'? On II /;olcr.J before me, ,I DATE' 99 ~234617 N1,A/ ~ Ai G-b- NAME(S) OF SI NER(S) o personally known to me - OR . 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac' knowledged to me that he/she/they executed the same in his/her/their authorized capacltY(les). and that by his/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. personally appeared .-..--..-.....( '!I)" RUBY TSAI ,. o ~~ COftltM # 1197536 :::.. G --=- : NOTARY rUBLlC-CALlFORNIA (j') ~ - LOS ANGELES COUNTY 0 I .. 1\ COMM eXP OCT 13, 2002 t ,--~---- ----~ FFICER. E G. 'JANE DOE, NOTARY PUBLIC' gVN WITNE~i~ IONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES CAPACITY CLAIMED BY SIGNER Though statute does not ruqUlre the Notary to flU m the data below, domg so may prove I~able to perso~ng on the document I.!I""(DIVIDUA~( ~ CORPORATE OFFICER(S) nnE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY,IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) PkPONT. L F THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here IS not requIred by law, n could prevent fraudulent reattachment of thIs form SIGNER(S) OTHER THAN NAMED ABOVE DATE OF DOCUMENT =1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmet Ave. POBox 7184' Canoga Par1o:.) CA 91309-7184