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Home My WebLink AboutD-2430 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Drive Arcadia, CA 91006 90~ 1206031 I l FEE $11 4 S 1 .,~ l COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL' , " FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION" receipt of which is hereby acknowledged, COUNTRY OAKS PROPERTIES, a California Limited Partnership hereinafter referred to collectively as "covenantors", hereby declares to be the owners of that certain real property located at 615 and 623 E. Live Oak Avenue in the City of Arcadia, County of Los Angeles, State of California, ,legally described in the attached Exhibit "A" incorporated as part of this Covenant. all of which is hereinafter referred to collectively as the "Affected Land" and is reflected in the attached map (Exhibit "B") incorporated as part of this 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 \~riting by the City of Arcadia. Any attempt to sell, conveyor ass~gn less than the entire parcel shall be a nullity and or no effect and the Covenante.e is hereby a..thorized to briag 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 owner$ of the Benefitted Land is hereby authorized to enforce the provi$ions 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. RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE ff: LOS ANGELES COUNTY .:<,,' CALIFORNIA j( 4 MIN. .-8 . .. PAST. ,A,M, JULIO 1990 CORPORATION AS J. PARTNER 01" J. PAItTNERSHIP , ~\ J " , COUNlY OF LOS ANGELES ) ) SS. ) STAN OF CALIFORNU \,1 On July 2, 1990 , before IDe, the \mdereigned, a notal')' ~bl1o in and for said state personally appeared """JOHN E. PLOUNT,',i"', and - personally known to IDe (or proved to me on the basie of sat1efactol')' evidence) to be the person(e) who executed the within iDlltN- IDent .. Pres iden t and on behalf of the corporation therein DlllIled,llaid corporation being personally known to IIl8 (or proved to me on the balli. of satisfactory evidence) to be one of the partr.ere ot Country Oaks 'Properties the partnerBhip that executed. the within instrument, and acknowledged to IDe that the corporation executed it '&II a partner, and that the partllersh1p executed it, ~S ~ hand and. offic1al seal " (eeal) ~-"" 9 OfFICIAL SEAL LUPE LANDEROS . NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNn Uy CommissIon Expires Aug. 23, 1993 ... lll!llI~UllUum,"UUWUUUUII.1111l111111 " , ., ,,IS} 90-1206031 '\.. ' . ~~ ,~ L\ " ," ;.\. , '. :t .' IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated:JIJ-~ ~;.qb OAKS PROPERTIES 'mited Partnership PARTNER Presiq,enr.- " "COVENANTEE" APPROVED AS TO FORM: fJlii(/!!# City Attorney , " 90-1206031 IC' EXHIBIT "A" 3, THAT PORTION OF LOT 126 OF ARCADIA ACREAGE TRACT, IN THE CITY OF ARCADIA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGE(S) 18 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY . BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT DISTANT 212 FEET WESTERLY THEREON FROM THE WESTERLY LINE OF THE EASEMENT FOR FLOOD CONTROL PURPOSES DESCRIBED IN THE DEED TO LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RECORDED IN BOOK 17363 PAGE 299, OFFIC.AL RECORDS OF SAID COUNTY; THENCE NORTHERLY AT RIGHT ANGLES FROM SAID SOUTHERLY LINE A DISTANT OF 115 FEET; THEN EASTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO DEWEY E. COPPESS AND DOROTHY M. COPPESS, RECORDED JULY 24, 1951 AS INSTRUMENT NO. 252 IN BOOK 36824 PAGE 59, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LAND COPPESS AND ITS SOUTHERLY PROLONGATION 115 FEET, MORE OR LESS, TO THE SOUTHERL LINE OF SAID LOT; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF.LOT 126 OF ARCADIA ACREAGE TRACT, IN THE CITY OF ARCADIA, IN T~ COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 18 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: ' BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT DISTANT 212 WESTERLY THEREON FROM THE WESTERLY LINE OF THE EASEMENT FOR FLOOD CONTROL PURPOSES DESCRIBED IN THE DEED TO LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK 17363 IN BOOK 299, OFFICIAL RECORDS; THENCE NORTHERLY AT RIGHT ANGLES FROM SAID SOUTHERLY LINE, A DISTANCE OF lIS FEET; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 80 FEET; THENCE SOUTHERLY A DISTANCE OF 115 FEET TO A POINT IN SAID SOUTHERLY LINE DISTANT 80 FEET WESTERLY THEREON FROM THE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHERLY LINE 80 FEET TO THE ~OINT OF BEGINNING. EXHIBIT "A" 90-1206031 ...t~ . ' ." 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