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Home My WebLink AboutD-2435 ,'V' ' , '. -J' " 0' , 90 1528462' RECORDING REQUESTED BY AND WHEN RECOnDED MAIL TO: City Attorney city of Arcadia 240 W. Huntington Drive Arcadia, CA 91006 RECORDED IN 'oFFICIAL RECORDS RECOROEI\'S OFFICE LOS ANGELES COUNTY CALIFORNIA 1 "'N, ] 0' " PAST, A,M, SfP. 5 1990 -... - -...- --- ~~_~ $11 5 HI COVENANT AND AGREEMENT TO 'DEVELOP AND HOLD PROPERTY AS ONE 'PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, i RALPHS GROCERY COMPANY, a Delaware Corporation hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that certain real property located at 211 E. Foothill Boulevard 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 s'treet 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 1. The Affected Land shall be held and developed as one parcel and no portion thereof shall be voluntarily or involunta-r iiy sold., conveyed or assigned separately or legally: divided until released in writing by the city of Arcadia. Any att'empt 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 fo~ 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. t ) CAT. NO. NN00737 ~ TO 1945 CA (8-84) mi ' ,"(Corporation) rgJTICOR TITLE INSURANCE ~ I STATE OF CALIl'ORNIA } COUNTY OF !.OS ANGELES SS" I On August 16, 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared Byron Allumbauoh I personally known to me or proved to me on the oasis f of satisfactory evidence to be the'-pe~on who executed the within instrument as the c.ha.1n1lan ~and JaIl Charles Grav - personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the - Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my han ~ ~ . OFFICIAL SEAL ' , KATHl.EEN J, CONROY NOTARY PUBLIC . CALI~ORNIA LOS N<<:EtES COUNlY My ..mm, expires SEP 26, 1993 , ":"'rl J" .. ~ .. % .. oJ L ~ i:'( I- ..~ Signature 90 1528462 ! (This area for official notarial seal) \, ')J IN WITNESS WHEREOF, Covenantors have'executed this instrument on the date shown opposite their signatures..., , "COVENANTORS" RALPHS GROCERY COMPANY A Delaware Corporation Dated: (8 ~~f --1 D Dated: ~'~f --CjD I Ja ray Senior vice Preside General Counsel and Secretary '~ COVENANTEE" APPROVED AS TO FORM: J!1':fj !!/!l~ City Attorney . .i ,- li( " , -Y, 90 1528462 . EXHIBIT "A" PARCEL 1: , I ALL OF LOT 1 AND THOSE PORTIONS OF LOTS 2, 3 AND 10 OF TRACT NO. 12834, IN THE CITY OF ARCADIA, AS SHOWN ON MAP RECORDED IN BOOK 262 PAGE 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: I BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1: THENCE SOUTH 0 DEGREES 11' 30" WEST, ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 305.05 FEET TO THE BEGINNING OF A TANGENT CURVE IN THE BOUNDARY OF SAID LOT 1 SHOWN ON MAP OF SAID TRACT AS HAVING A RADIUS OF 20.00 FEET AND AN ARC ,LENGTH OF 31~42 FEET: THENCE SOUTHEASTERLY ALONG SAID CURVE; AN ARC DISTANCE or 31.42 FEET TO THE END OF SAID CURVE: THEN SOUTH 89 DEGREES 48' 30. EAST, ALONG THE SOUTHERLY LINE OF SAID LOTS 1 AND 2, A DISTANCE OF 257.02 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE WESTERLY 137 FEET OF SAID LOT 21 THENE NORTH 0 DEGREES 11' 30. EAST, ALONG SAID EASTERLY LINE, A DISTANCE OF 99.00 FEET: THENCE SOUTH 89 DEGREES 48' 30" EAST A DISTANCE OF 4.00 FEET: THENCE NORTH 0 DEGREES 11' 30" EAST A DISTANCE OF 12.00 FEET: THENCE NORTH 89 DEGREES 48' 30" WEST, A DISTANCE OF 4.00 FEET: THENCE NORTH 0 DEGREES 11' 30" EAST A DISTANCE OF 124.00 FEET"TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTHERLY 44.50 FEET OF SAID LOT 3: THENCE SOUTH 89 DEGREES 48' 39. EAST, ALONG SAID PROLONGATION AND ALONG :SAID SOUTHERLY LINE, A DISTANCE OF 125.48 FEET TO THE EASTERLY LINE OF SAID LOT 3: THENCE NORTH 0 DEGREES 11' 30" EAST ALONG THE EASTERLY LINE OF SAID LOTS 3 AND 10 TO THE EASTERLY PROLONGA'1'ION OF THE SAID NORTHERLY LINE OF LOT 11 THENE NORTH 89 DEGREES 48' 30. WEST, ALONG SAID PROLONGATION AND ALONG SAID NORTHERLY LINE, A DISTANCE OF 402.50 FEET TO THE POINT OF BEGINNING. PARCEL 2: , LOTS 3 AND 4 TRACT NO. 12834 IN THE CITY OF ARCADIA, AS PER MAP RECORDED IN BOOK 262 PAGE 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. " EXCEPT THAT PORTION OF SAID LOT 3, DESCRIBED IN PARCEL 1 ABOVE. ALSO EXCEPT FROM SAID LOT 3, THAT PORTION WITHIN THE FOLLOWING , DESCRIBED LINES: BEGINNING AT THE POINT OF INTERSECTION or THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SECOND AVENUE, 60 FEET IN WIDTH, AND THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF FOOTHILL BOULEVARD, 100 FEET IN WIDTH, AS SHOWN ON SAID MAP OF TRACT NO. 12834: THENCE SOUTH 89 DEGREES 48' 30. EAST, 277.02 FEET ALONG SAID WESTERLY PROLONGATION AND NORTHERLY LINE OF FOOTHILL BOULEVARD TO THE TRUE POINT OF BEGI~NINGI THENCE NORTH o DEGREES 11'30" EAST, 99.00 FEET: THENCE SOUTH 89 DEGREES 48' 30" EAST, 4.00 FEET: THENCE NORTH 0 DEGREES 11' 30. EAST, 12.00 FEET: THENCE NORTH 89 DEGREES 48' 30" WEST, ~.OO FEET: THENCE NORTH 0 DEGREES 11' 30. EAST, 124.00 FEET: THENCE SOUTH 89 DEGREES 48' 30" EAST 103.98 FEET: THENCE SOUTH' 0 DEGREES 11' 30" WEST, 235.00 FEET TO SAID NORTHERLY LINE OF FOOTHILL BOULEVARD: THENCE NORTH 89 DEGREES 48' 30. WEST, 103.98 ,FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT "A" 90 1528462 ,i ) " ., , PARCEL 3: .EXHlBlI "A" I THOSE PORTIONS OF LOTS 2 AND F3 TRACT 12834, IN TEH CITY OF ARCADIA, AS SHOWN ON MAP RECORDED IN BOOK 262 PAGE 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: i BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SECOND AVENUE, 60 FEET IN WIDTH, AND THE WESTERLY PROLONGATION OF THE ,NORTHERLY LINE OF FOOTHILL BOULEVARD, 100 FEET WIDE, AS SHOWN ON SAID MAP OF TRACT NO. 12834; THENCE SOUTH 89 DEGREES 48' 30" EAST, 277.02 FEET ALONG SAID WESTERLY PROLONGATION AND NORTHERLY LINE OF FOOTHILL BOULEVARD TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 11' 30. EAST, 99.00 FEET; THENCE SOUTH 89 DEGREES 48' 30. EAST, 4.00 FEET; THENCE NORTH 0 DEGREES 11' 30. EAST, 12.00 FEET; THENCE NORTH 89 DEGREES 48' 30. WEST, 4.00 FEET; THENCE NORTH 0 DEGREES 11' 30. EAST, 124.00 FEET; THENCE SOUTH 89 DEGREES 48' 30. EAST 103.98 FEET; THENCE SOUTH 0 DEGREES 11' 30. WEST, 235.00 FEET TO SAID NORTHERLY LINE OF FOOTHILL BOULEVARD, THENCE NORTH 89 DEGREES 48' 30. WEST, 103.98 FEET To THE TRUE POINT OF BEGINNING. EXHIBIT "A" 90 1528462 t' " FOOl 1-/ ILL BLVD. ) ~ ~~ &,0 40 ;'0 40 40 ~ ..~ 40 40ZI ,&; roNAl a 'i?)' rN~ (. ~~) 'III) ..~ I;; <II 0 Cl !;j <II on c- 0-- ~ f<i :ll 4~ ~ .71Il ~ Vi .. ~ - , <II "1 "t "!, "t "l , .,; ~ IG; 15 ~ 14 ~ 13 ~ .n II~ 10 ~ 9 ~ 8 ~ 7 ~ <D~ 5 ~ .1\ 'Z ~ , Q 1'2 Q .3 Q I ~ BLi 40 40 40 40 40 40' 40 40 0 40 40 40 40 :. so 50 50 SO 50 50 50 50 50 50 50 so 17 F /7 18 18 19 '20 '21 ' , '2'2 '23 '24 75 '2G 77 '28 '29 -r .... ! ....' 8 .... .... 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