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HomeMy WebLinkAboutD-2454 ~ . i. ._~...: ' " .' ".- ..: ';, 91-1920019 . ' ".' , , " ~;~ ,.,:'t::\ ihiECORDING. REQUESTED BY ,"::;'~ <'WHEN RECORDED MAIL TO: ,I y. " '~;':'.' . ,;:'city Attorney ;' ';.: { C"city of Arcadia (.~,;1",~ t..:240W.' Huntington Drive '.~d,.:;'J:/~>'''Ai'cadia, CA 91006 , :~!'r\'(:.~: - , ," '. , AND RECORDED IN OFFICIAL RECORDS' RECORDER'S OFFICE , l LOS ANGELES COUNTY .,. CAliFORNIA '\ MIN.. 8 A.M.DEC 6 1991 PAST; . COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL rFEuJb ./cl~ receipt of \ FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, which is hereby acknowledged, J .I.' JOSE PERCY SAM AND YUET NGAN YUEN DE SAM, husband and wife , '--' hereinafter referred to collectively as "Covenantors", hereby declare to be the owners of that certain real property located at 627-655 West Duarte Road 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 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. 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, s~ntence, clause, phrase or portion of this Covenant and Agreemen~ ~s 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. f ~~ ., I ",- , -- ;1 State of California County of Ldlf h",~6~ 91 1920019 ) ) ) On. ft6v. personallY fit ~ I:~ k.. CHUt;. "J' A/I! G (V/lv' L I A/I. { II, (,?'PI before me, appeared "D1i6f v , f , personallY known to me (or proved to me OD the basis of satisfactory evidence) to be ~be person(s) wbose name(s) is/are subscribed to tbe within instrument and acknowledged to me that be/sbe/they executed tbe same in bis/ber/tbeir autborized capacity(ies), and tbat by bis/ber/their signature(s) on the instrument the person(s), or tbe entity upon bebalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature h~17 ~ OFFICIAL SEAL I ......, ROGER I< CHUY } .,:. III. : ~ NOTARY PUBLIC - CALlFOr.:Nl/\ . . LOS ANGELES COUNTY ~~, ~\ My comm. e~pircs frL\~ ; 1~3 '1". .. ~ '~, ' ) -......, .\ . ;)J IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. II COVENANTORS II Dated: /o~:</- /11/ ~ 1:s~~isam ~~~ ~-f~ .r!j Dated: /(J-.,2/-(1'l1 4~fn~.h~,.. ~"'~~~-~t./ Yuet N an uen De Sam (/ coPY OF PbWER 8i j.;TTbRN~Y t~ ATTACI:l~D AND INCOR?ORATED AS PART OF THIS COVENANT AS EXHIB T "C" 'C VENTEE" eorge J. at:ts city Manager APPROVED AS TO FORM: trJi!::! !IMi~ City Attorney 91. 1920019 -' EXHIBIT A LEGAL DESCRIPTIONS vt " 627 WEST DUARTE ROAD Parcel 1 Lot 41 of Tract No. 3430, as per Map recorded in Book 42 Page 32 of Maps, in the office of the County Recorder of said County. EXCEPT the Southerly 10 feet thereof, measured at right angles, to Duarte Road (60 feet wide) for street and highway purposes, to be known as Duarte Road, also except the Northerly 30 feet thereof, to be known as Arcadia Avenue, as granted to the City of Arcadia, a municipal corporation, by deed recorded August 6, 1954 in Book 45264 Page 24, Official Records. Parcel 2 Lot 42 of Tract No. 3430, as per map recorded in Book 42, Page 32 of Maps, in the office of the County Recorder of said County. EXCEPT the Southerly 10 feet thereof, measured at right angles to Duarte Road (60 feet wide) for street and highway purposes, to be known as Duarte Road. ALSO EXCEPT THEREOF, the Northerly 30 feet for street and highway purposes, to be known as Arcadia Avenue, as granted to the City of Arcadia, a municipal corporation, by deed recorded August 6, 1954 in Book 45261 Page 354, Official Records. 651-653-655 WEST DUARTE ROAD The east 75 feet of Lot 40 of Tract No. 3430 as per map recorded in Book 42 Page(s) 32 of Maps, in the Office of the County Recorder of said County. Except therefrom the southerly 10 feet measured at right angles to Duarte Road 60 feet in width. 91 1920019 Em/sir <'11/' ______JIM9 ",' 00 _______J~ ~ 3~ ... ,... a- ~ -~ ~ " "3.'2'2 34 I I I I , '33 , I I 7Z.~O I 1t.e.' 37 '" _ _ _ _ _ _ J17.~e ' " ____1 "l r--- ,. 37 <:> "ue :: ... /1'.4."'& AR~ADIA AVE C> ... i:; ,.,. ~a : D~ =~ ~ 3<5 '4I.H 347.~ t ~ 39 _ _ _ _ 10Ut il\ -----~ ..J ".1 .___1~U <II 10a.l~ --- ~ I... . _ _.107.~' 40 ~~ 107.47 .,. €O.<ii -r - -:-i (': , (011 ,$0,06 61/ ' I 1/'2 08 PI~...' I .. ....,_,...../01 "'/ Ii: ,~ 139~1-:! S, ~I ~I ~I I I "!I) ':~.7/)~1 (",69) I (r;,~) I (D!l7) r 40 SD.''2 I ~.~1 I 7~.H~ :; 101H' cP o Q) N <Xl ~ . ... ~. 1)VA~ 1,8 en.' Qlo "" ;;i (I> ... .... c> . S. V", ,.14' . r'O' ii,l. r. ", ("0) u 19~ ('*4) .. <:> .. . IS .. ~ ....~ (IIO) C,n) 11" 2\ (,'8) e~.~ (61") , I 1 I -I ... ~, ~I '~ 'ei ",1'.1 ,~ ---1 . ./ 1,'4 H4' ~n) :~711... ) , l ..; . ... - ~'O ~ Q ~ ~- ~6 ....('4 eXUIE!:JT 'B" 91 1920019 ;y , ..... Q ~ ;~~I' :z: g ~i J-. IjlH! ~ 11/1 . II" cr; if J-. 140 " 7: i;) T 7t.n , 7f.'-D I , I 143 I 3/ 'MPS' "...','.. , 4. "" ,c., .;J ~I SI I I I I , I I / I , c~171 I (~/ff) 1&. '" ~ ~ , (fill) 1~.'!. 1--.'0 . 2 i'.S+ ("1.) ~ nJ> 0 ~ ~ ~ ,25 . ~ff , . PI' t:: ~4 : ',< .~~ .' ~ ~'..: )RECORDING REQUESTED BY . f;:E JOSE PERC'i SAM & YUEl' NGlIN ~ WEN DE SAM . ~ WHEN RECORDED MAIL TO ~r -, ~ .'ME WILLIAM RXlN, Esq. ~ STREE' LAW OFFICES OF RXlN & 'IOlG 'DDRESS867 SOuth Atlantic Blvd CITY ., SWE Monterey Park CA 91754 L '-.J L. \.J 1. .L UI ,",WoO'"'' , -=---=:.. 45 No. ,......................-..... on---...........- , H3S not bee~rr~M!ct~3.m Original.Wil1~~ ~n..completed. 'l:ll processing TY REGlSfRAR-..RECORD.ER' LOS MIGELES COUtl ~ ~ , ~ ~ ~ ~. ~ (SPACE ABOVE THIS lINE fOR RECOROER'S USE) POWER OF ATTORNEY SPECIAL KNOW ALL MEN BY THESE PRESENTS: That Xx w"'. .mC:R PPRrv O:::l'oM "nrl V1Tk'l' >Jr-l'o>J V1"'N nh' Sl'oM. , the undersigned (jointly and severally if more than one, hereinafter collectively" principal"), hereby make, constitute and app~int Pm;'{ YIN LING TSANG principal's true and lawful attorney to act for principal and in principal's name, place and stead and for principal's use and benefit: (a) To exercise any or allof the fOllowing powers as to real property located at 625-655 Duarte Road, Arcadia, California; 2112-2148 Hacienda Blvd., Hacienda Heights, California and 262l Warren Way, Arcadia, California, any interest therein and/or any building therein; To lease for any term or purpose, including business and residence; to hire and pay workers for the repair and maintenance of same; to. collect rent and deposit the same in the bank or banks; to oontract and pay for utilities, attorneys and accountants; to file and pay property taxe~ return, and to pay the mortgages. THE FGIER 'IO EXECIJTE DEED OR DEEOO FOR THE SALE OF PROPERTY DESaUBED HEREIN AND AN'{ IXX:lJMENl' FOR HYPOl'HECATIOOS, ASSIGNMENl'S AND /oOR'l'GlIGES OF SAME WAS NOr GRANTED. Principal hereby grants to said attorney in fact full power and authority to do and perform each and every act and thing which may be necessary, or convenient, in connection with any of the foregoing, as. fully, to all intents and purposes, as principal might or could do if personally present, hereby ratifying and confirming all that our said attorney in fact shall lawfully do or cause to be done by authority hereof.. ' Wherever the context so requires, the singular number includes the plural. WITNESS.f; ,';hIs "th day of SeP_ _ ;" . G ~~"U.dL~ PERC'i SAM . Nt ' ~l.. aI!&~- ~ STATE OF CALIFORNIA }ss. COUNTY OF T ll<: J>.>Jr.Rr .R<: 00 this 19th day of september ,10 the year 19 90, belore me, the undersigned, ~ Notary Public In and lor said Slale, personally ilJlPeared .TnC:R PPRrv O:::l'oM "Inn YlJP.!' NGAN YlJEN DE SAM , By Jose Percy Sam, AttorneY-1n-racc, personally known 10 me (or proved 10 me on the basis 01 satisfactory evidence) to be the perso~_ whose name s are subscribed 10 tho Wllhl/7me I. and acknowledged 10 me Ihal !.he..J'wcul8d il.. , . _ . . . , . . . '. OFFICIAL SEAL WiTNES~my pand and offICI se . ,_". . LUCY LAL.SZE WONG l. ./ 7 NOlery PuDllC-Calllomoa , V. LOS ANGElES COUNTY Notary, bile In and tor "" ...' My Comm. Exp. ~ 4.1991 PO~ROfAnORtraE'f-sp(c.1AL !MJll:Qns fOlUt 14OL-ilh".2 UIIIQ ~)I ..:> 1912 WOLcons, the. IIll$u.nGMG....II-..noeG...UlI"plUtll&lolbllll$~ecIl1llnlllllld~ .........QItQI.yCIoI"9".rWQ .,...... DW\t.l. MllI............... ~... .._ n IlIICAWIJ Ill.,.. ~ .MWQ8I. ~ I ....,.'... __ l1li......'....... JOIIf JIlIfplllM'" UM. Ef-h ;61/ 'C' ,-, 91 1920019