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HomeMy WebLinkAboutD-2505 .. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: city Attorney city of Arcadia 240 W. Huntington Drive Arcadia, CA 91006 COJ8W..:/f k,!f.v""~t."-- 9~ 58025 . RECORDED/FilED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA . ~l~T 8 A.M.JAN 13 1995 AND J '.- '. COVENANT AND AGREEMENT TO DEVELOP AND BOLD PROPERTY AS ONE PARCEL J FEE $16 V I __ ~ 4 . ... i\ll;r't- Code 19 $ I 'J.-e3-- FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, DAVIDIAN LING CHIANG OUYANG AND SUSAN JIN SAN SU OUYANG, TRUSTEES OF THE DAVIDIAN AND SUSAN OUYANG TRUST hereinafter referred to collectively as "Covenantor", hereby declares to be the owner of that certain real property located at 12037 Clark Street'in the city of Arcadia, County of Los Angeles, State of california, legally described as follows: Parcels 8, 9, 10, II, 12, and 13 of Parcel Map 22741 in the City of Arcadia, as per map recorded in Book 258, Pages 91 to 94 inclusive of maps, in the office of the Los Angeles County Recorder. EXCEPT all petroleum, gas, oil, naphtha, asphaltum, brea and other hydrocarbons and all minerals with the exception of rock, sand, silica and gravel and the right to excavate therefrom within or underlying said land without, however, any right, of re-entry or use of this surface of said land, or any portion of the subsurface therefor to a depth of 200 feet from the present surface of said land, as reserved in the deed from Dave Douglas and Rose Douglas, husband and wife, as joint t:enan-ts, recorded October 26, 1967 in Book D3811, Page 154, official records. A portion of Parcel 2 of Parcel Map No. 22741, in the City of Arcadia, as per map recorded in Book 258, Pages 91 through 94, inclusive, of maps, records of Los Angeles County, State of California, described as follows: The Southerly 19.00 feet of the Easterly 412.00 feet of the Westerly 520.00 feet of said Parcel 2. All of which is hereinafter referred to collectively as the "Affected Land" and is reflected in the attached map (Exhibit "A") incorporated as part of the Covenant and Agreement 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 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 . .., ." . .' . .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 Covenan and Agreement. Dated: /~;:~~ Dated:~~~~ this instrument IN WITNESS WHEREOF, Covenantors have exec on the date shown opposite their signatures. Chiang "COVENANTEE" Dated :J\ - \ - '1-t. lU6\~lq William R. Kelly City Manager APPROVED AS TO FORM: M~h~/~illfIL~ . city Attorney I. (la ..'07D 58025 9'5 - SJl(),t ~ ~ ., ~ ) ,/ . , No 5907 " .,' " CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 31. 1994 DATE before me Michael T. Stockdale, notary publio , NAME, TiTlE OF OFFICER. E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Davidian Ling Chiang Ouyanjit and SUsan Jin San SU Ouyang NAME(S) OF SIGNER(S) o personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .are subscribed to the within instrument and ac- knowledged to me that 'they executed the same in /their authorized capacity(ies), and that by /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t @ - .:0':':,:,:,;,.;.' -I - .. . COMM. # l1XXl537 ~ i-a' , Notary Public - California ~ z ~. . LOS ANGELES COUNlY i . My Comm. expires AUG 15, 1997 i WITNESS my hand and official seal. ~:RP^qlfJ: A~A SIGNATURE OF NOTARY ... Michael T. Stockdale OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIIVlED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT Covenant and Agreement To Develop and Hold Property As One Parcel TITLE OR TYPE OF DOCUMENT T1TLE(S) o PARTNER(S) o LIMITED o GENERAL two plus Exhibi t:v "A" NUMBER OF PAGES o ATTORNEY-iN-FACT iii TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: October 31. 1994 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSQN(S) OR ENllTY(IES) not at time of signing SIGNER(S) OTHER THAN NAMED ABOVE -1.[ . - . \01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave" P.O. Box 7184. Canoga Park., CA 91309-7184 95 58025 '. , , 't' - N..a.d.h I": 250' :~ ~ ~ 95 58025 E ~t-\ \ B l T \~ All