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HomeMy WebLinkAboutD-2437 . " 90-1833839 .. -'" ~. :- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Drive Arcadia, CA 91006 RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 1 MIN, 3 P.M. OCT 30 ~O' H PAST. FEE $9 - - I 3 COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, ARCADIA LIVE OAK PARTNERS, LTD, a Cal i fornia Liini ted Pdrtnership hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that certain real property located at 10 and 16 W. Live-Oct'k~AWlnue~.,"' in the city of Arcadia, county of Los Angeles, State of California, legally described as follows: Lots 5 and 6 in Block "A" of Tract No. 10898, as per map recorded in Book 189 Pages 42 and 43 of Maps, in the office of the County Recorder of said County. a:Ll 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 convenant 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 with~n 500 feet oj the Affected Lund, tiS 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 irl.,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 ~roadia and more Darti8ul~rlv as the leaal representative of all the owners of the Benefitted L~nd 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. ,~ r,' , ... r " ~f \ . CORPORATION AS .l PAImlER OP A, PA.RTNE:RSHIP STA,tB OP CALIPORNI.l ) ) SS. ) 90':"1833839 COUN'lY OP Los Angeles CD October 16. 1990 , before lIMl, the underdgned, a notary p.lbl1o 1Jl and tor said eta te pereonally appeared Bob C. T. Chanq and - personally known to me (or proved to lIMl on the bade ot sati.tactory evidenoe) to be the person(.) who executed the within lnatN- IIMInt a. President and on behalf of the oorporation therein named, add oorporetion being personally Icnovn to ID8 (or proved to me on the ba.i. ot eat1etactory evidence) to be one of the partr.era ot Arcadia Live Oak Partners. Ltd. the partnerlhip that executad the wi thin 1natNDleDt, and acknowledged to IIlI that the oorporation exeouted 1 t u a partner, and that the partnership executed it. ~s ~ hand and oft101al leal (..al) IF'''::;'''''''''~ 9 ..a~~'<"'K' OF,FICIAL SEAL 'I~;~t?l;:: _ JEfFREY M, TALBOT 41;\frE:'.fJ.'!."rY"1O ~OTARY 2U8UC, CALIfORNIA . L.>~"),~.~ -lOS ;1J~GElES COUNTY /.J..v-'.:a!!!!!!::".\~\ p.,'~J Comm EXPIres M8r. 19. 1993 "7~- J /~ 3m ~ IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. ' "COVENANTORS" ARCADIA LIVE OAK PARTNERS a California Limited Partnership Dated: If/10 SAFCO REALTY & INVESTMENTS, INC. Dated: fD In / 70 I I "COVENTEE" APPROVED AS TO FORM: Yr; ~ V 7J7v& Michael H. Miller City Attorney " ~. 90-1833839 J '. , , " r ,,"v&JIU"f AVS. OAK 1S.rre:. .- r.. 4,1& '':'-,< - (It;) (fO.l - , . (It) , - <, . '" \:: 1"', ' - ".;'- ~ , JI ,'~ ':;;0.":: . '... ':! 5 -'. .., Z 4., i 7 ~ -<. "'- ;;:; ~. <" - - . '" . :r ~ ~ - II . , - . , 4/,3 4'l!; 3 }\;) J-\ p o " oj 1, P,M,8, a-53 354 ,I: , - .f '.'!}j ;~Lf .' ; ...... .. .. " '" '" ?> J rJ~) (1,/ 'il.?" ) 3 (<7 0(1, 7:<1 ~ lJ'., <J) 'I. '110,11 SANTA ANITA cot. ONY M,J'l. 4~'.1 f'lPART OF !:: - I.or '" ,.. ~ !2 (,5.1 ....... 7 .'1 5'-93 LiVE ",1,1., (N) ,-Il) (40) 60,14 "t;) 80, (Zd) ::, ~ <i Q ., "" "" '" ... <0 '" '" '" ? ~ . 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