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HomeMy WebLinkAboutD-2431 ---.....,oJ~ " RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Drive Arcadia, CA 91006 -/ COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERl.TION, receipt of which is hereby acknowledged, JOHN AZIZIAN AND DEANNE AZIZlfu~, Husband and Wife hereinafter referred to collectively as "Covenantors", hereby declares to be the' owners of that certain real property located at 500 East 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 h.;ld and develop'?d as one pal-cel and no portion thereof shall be voluntarily or involuntarily sold, conveyed or ~ssigned 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 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 Covenant and Agreement. nmIVIIl1AL i St&te of Callfo1'D1& ) \ CoIm'tT of Los A,"<q6ces ~ SSe 'OIl VULY~, 1'19() . before me~ the undersigned, a DOtarT ~blio in and tor we! ccnm'tT and. state, perapl:lAll7 appeared VO#/I! AZ/Z/AN AND OEANNE- , . AZ/ZIAN ' persol:lAll7 known to me (or proved to me on the basis of aat.1sfacto1"1 ev1deDOe) to be t!lt personCa) Wose D8JDeCs) is/are subsoribed to the with:1n 1natnmlent and. aolalowledpd t.ba.t said person(s) executed the 1I8Ille. .--:,. wnm:ss rrq lland and.oft1c1al seal ;.. : (Seal) ...........-.........---.- . : Q OFFICIAL SEAL : : UN SUliI : : ljOTM' PUlllIC. CAl.IfOll1llA . : lO:~=g~oonNTY: : ~y Ccm!nl$5lOl'1 E,,;plfes FIIb 4, 19&' : .-..-................................. ~~ "' I , '7~ 90 1359799 'v' \ ? ~\ . , " . ~ IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated: 7/i6/1t1 / 1/J(f J ~A:iZia~~~ a:~z~'7 --#'7 . Dated: "COVENANTEE" APPROVED AS TO FORM: !2~.I(ill~M- City Attorney 90 1359799 , 3 EXHIBIT "A" That portion of Lot 12 of the Western two-thirds of the Rancho San Francisquito, in the city of Arcadia, as per map recorded in Book 42 Pages 93 and 94 of Miscellaneous Records, in the office of the County Recorder of said County, described as follows: Beginning at the Northwest corner of Lot 1 of Tract 15233, recorded in Book 332 Page 30 of Maps, in the office of the County Recorder of said County; thence along the Westerly line of said Tract 15233, South 90 50' 45" East, 379.66 feet, more or less, to the Northeast corner of Lot 69 of Tract 16917, recorded in Book 386 Pages 47 to 50, inclusive of Maps, in the office of the county Recorder of said County, thence along the Northerly line of said Lot 69, South 800 09' 15" West, 100.00 feet to the Easterly line of Lenore Avenue, 80 feet wide, as said Avenue is shown upon and dedicated by the Map of said Tract 16917, thence along said Easterly line of Lenore Avenue, North 90 50' 45" West, 354.66 feet, more or less, to a point that is distant South 90 50' 45" East, 25.00 feet from the Southerly line of Live Oak Avenue, 80 feet wide, as said Live Oak Avenue is shown upon the map of said Tract 16917, thence North 350 05' 15" East, 35.36 feet to said Southerly line of Live Oak Avenue, thence along said last mentioned Southerly line, North 80. 09' 15" East, 75.00 feet to the point of beginning. EXCEPT the Southerly 185 feet, measured along the Westerly line of the above described land. ALSO EXCEPT that portion of said land, described in the deed to the City of Arcadia, recorded on January 16, 1963 as Instrument No. 3781, in Book D-1887 Page 803, Official Records. EXHIBIT "A" 90 1359799 EXHIBIT "B" '- - --- - I> a -- ~ L I V E OAK 2 AV E - 180 ~ (4 SQ) ""or IPoML eo' ~ 02 .. w n 9 .. > " ~ - <( .. P, M. B, 20- H - 2 H us CI).:r.. a _ ii-I ~\:) 0 It ;t2: ..I" RANCI-lO SAN : ~ FRANC1S((VITO lL....~ \lJ .. M,R.'I2.-U~ '4 " ;;J&. ....<:l '" 0::. '" <- 00 0 . CI)" "'r- .. . PART OF loOT 12 "'- Z o ..~ ~ ::t....c.: \AS UC"l; -1 'Z.~ "ItS 24lO "".t.: ... :. a::, 0 .. . LYNROS(; 0 S1': \) :<i. , .5,,' ~f_.: EXHIBIT "B" . t~ 'II 90 1359799'