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HomeMy WebLinkAboutD-2533 ~. 97-1113205 RECORDING REQUESTED BY A WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Drive Arcadia, CA 91006 RECORDEDlFllED IN OFFICiAl RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY d4."-: CALIFORNIA - 11:41 AM JUL 23 1997 NCPFCode 19 $_J 2--- COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERA nON, receipt of which is hereby acknowledged, JAMES Y. LUTZ, CARRYLL LIAO, CHONG-YING LU, CHIA HSIU-CHU LU, JUNG-TSUNG mANG AND LAl CHAI-CHING CHUANG, Joint Tenants hereinafter referred to" colleCtively as "Covenantors", hereby declare to be the owners of that certain real property located at 11639 Goldring Road in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lots 1590 through I 594in the Chicago Park Tract, as per map recorded in Book 30, Page 100 of Miscellaneous Records, in the office of the County Recorder of said County. EXCEPT therefrom the southwesterly 5 feet as conveyed to the City of Arcadia for street purposes, by deed recorded March 12, 1974 as Instrument No. 3568. All of which is hereinafter referred to collectively as the "Affected Land" attached as Exhibit "A" and 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: I. 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. 2. This Covenant and Agreement is for the benefit of the Covenantee and its heirs, successors and assi!,'lls 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 tht: 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. SQ-e '~X#18'7 /rlJ-v 4rt',ec;If-"$O , ,I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT , " , l' , State of ; 0!:' f: rl'1 " iPL- County ot jJ 0<) ~t p)o (' On 'TJ/ hi} , rqa 7 before me, C eCA'i; CI. e fly), No-k.. ,-~/ hLt ~/,\c d-.I.. t ~: I' 7-. NAM';TlTlEOF~'E.G...JANEcoe.~ ' personaltY appeFed -J 0. '1' e 5 Y- L ~ d NAME~ ~t 1/ La f) IV't ,II'!, 0 . '1'persomally kljlown to me - OR - proved to me on the basis of satisfactory evidence to i!. be the person(s) whose name(s) is/are subscribed to i ! the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), 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 instrument. WITNESS my hand and official seal.9 1113205 , ,. I \ i , , , '\ .: ". I , ,I' , . i ' I . , ., ",;','" . .'~:':"'~" "'. . :'.;"'. ...,~. . ~.~~..-;:J. ~~...~ ~rt;'!.~:\'":- -m "",.... . : LG8 MIlIa" ODUNTV i _...._11.1117 ~ ","1 1 : '. r- ~-........:~ . . . 3 - '. /: '\ ,I ~ ,., . ..- 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. :2J IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" I DateaJity d ( -.:ll J ~ 4..... . James Y. Lutz Dated: fa "1 7_- LJ.11 7 ~.-: at'fYl iao ~ .' Chong- Ying Lu By /g;-~ James Y. Lutz, Attorney-in-fact . L-/ ! c., 7. Datea.::;fl.Y .1-. L_ , Dated;}",'.! ..d- I. , I 1J- Chia Hsiu-Chu Lu By 6~~ James Y. Lutz, Attorney-in-fact Date0')/ .,)-/. ~ Jung-Tsung Juang ~ By /2.!- James Y. LUtz, Attorney-in-fact ~ Lai Chai-Ching Chuang Datec1.: '"[;/1/ .)-1. ~ 7 / "/ By ~./ James Y~tz, Attorney-in-fact "COVENANTEE" ctin City Manager APPROVED AS TO FORM: ~~illl)i12 CECIUA C. UN t " Comm.11011026 1'1 AIf'f PU8UC .CAIJFORN_ LOS,....... ""COUNlY 0 , Comm.ExpIIaDoo.1I.191l1 . 1113205 ~gC.~ City Attorney $ 'l, o " loft. . ~'.~V..{1Tf! .o~ '" II1.S 0 lQ5 'E: ~.l..o..;:O,~",,qQ./) ~ ~ '" " _. 4' ~ ,l!~ () " Co4JlQ Ire RECORDEi'I'S MEMO: POOR RECORD IS DUE TO QUAliTY OF ORIGINAl. DOCUMENT . ~.q ......... I C.q7" """"- ~o) 4'O4/) 0 I !l f) -7'Jvr 'l:1. -.- -... - .--........ - ,- 11639 GOLDRING ROAD Lots 1590 through 1594, Chicago Park Tract EXHIBIT "An I 97 1113205