HomeMy WebLinkAboutD-2438
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RECORDING REQUESTED BY AND '.
WHEN RECORDED MAIL TO:
city Attorney
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91006
REalRDED IN OffiCIAl RECORDS
. RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
1 ~~, 11 A.M.JAN 4 1991
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COVENANT AND AGREEMENT TO DEVELOP
AND HOLD PROPERTY AS ONE PARCEL
I FEE $9
receipt o~
3 F I
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION,
which is hereby acknowledged,
HUGH G. MAYNARD,
an unmarried man as his sole and, separate property'
hereinafter referred to collectively as "Covenantors", hereby
declare to be the owners of that certain real property located at
2641 Foss Avenue in the City of Arcadia, County of Los Angeles,
State of California, legally described as follows:
Lot 57 of Tract No. 16091, in the City of Arcadia,
County of LOS Angeles, state of California, as per
map recorded in Book 358, Pages 1 to 3, inclusive
of Maps, in the Office of the County Recorder of
said County.
TOGETHER WITH, those portions of those parts of
Lots 129 and 130, Arcadia Acreage Tract, as shown
on map filed in Book 10, Page 18, of Maps, in the
office of the Registrar-Recorder of the County of
Los Angeles, described in deed to Los Angeles
County Flood Control District, recorded in Book
50720, Page 371, of Official Records, in the office
of said Registrar-Recorder, bounded on the west by
a line parallel with and 34.5 feet easterly, measured
at right angles, from that line described as having
a bearing and length of uS. 11 04' 22" W. 2,504.56
feet" in "PARCEL NO. 88" in a Final Judgment had in
Superior Court Case No. 452539, a certified copy of
which is recorded in Book 19445, Page 38, of said
Official Records; on the east by the westerly line
of Lot 57, Tract No. 16091, as shown on map filed
in Book 358, Page 1 to 3, inclusive, of said Maps;
on the north by the westerly prolongation of the
northerly line of said Lot 57; and on the south by
the westerlY prolongation of the southerly line of
said Lot 57.
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All 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
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 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.
INDIVIII1AL
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St&te of Callfonl1&
.~t7 of r/!F (Gar;(/II
, (; aa
'011 ;jJ.j!ifJ1Jut ,( 1 tv. before me~ the underll1I;Dlld, a DOtarr ptbl10 1D aDd tor 11&14
ccnmtT eJ:l4 ata te, peraoD&ll7 appeared ...:.L\-t,( ~ Iv Co,- II'\. ~j \\J f\y^,
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peraoD&ll7 )a)OWD to me (~ p;'O~!Lt!L=_=_"',h'_ba~ or eat.istaotol'7' ev1C1~o) to be the'
perlloD(a) whoae _(a) ~aVare subeor1bed. to the w1t1W1:ln:s~t-eJ:l4 aolalowledgod. tha.t
ea1d. peraoD(') executed the 1IAIIl8. ___
'Wl'mESS rr(f haDd. aDdotftc1a1 aeal
,(Seal)
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My Comm. Exp. Jan. B, 1992
OFFICIAL SEAL
ROSEANN PADILLA
Nolllry Publlc-C<:liforrJ:1
LOS ANGELES COUNlY
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91- 014839
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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.
IN WITNESS WHEREOF, Covenantors have executed this instrument
on the date shown opposite their signatures.
"COVENANTORS"
Dated:
(1- h /qo
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HU~) ~~n&rJ
APPROVED AS TO FORM:
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City Attorney
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