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Home My WebLink AboutD-2481 ..- ~ . - ~ ~:M .l~Uq I I I -- . .....' . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA JUN 24 1993 AT 8 A,M, CITY ATTORNEY CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 RELEASE OF COVENANT IFEE $14 West Naomi Avenue l 4 Or l320-l322 South Baldwin Avenue and 673 Arcadia, California l320-l322 South Baldwin Avenue: Lot 4 (4) of Tract No. Four Thousand six Hundred and Eleven (46ll) as per map recorded in Book 5l, Page 82 of Maps, in the Office of the Los Angeles County Recorder. EXCEPT the easterly fifty (50) feet of said lot. ALSO EXCEPT that portion of the southerly twenty-five (25) feet of said lot lying westerly of the westerly line of the easterly sixty (60) feet of said lot. 673 West Naomi Avenue: The East 50 feet of Lot 4, Tract 46ll, in the City of Arcadia, as per map recorded in Book 5l, Page 82 of Maps in the Office of the Los Angeles County Recorder. WHEREAS, a declaration of Covenant and'Agreement to Develop and Hold Property as One Parcel was recorded on May l3, 1985 and executed by Steven A. Worsley and Cheryl S. Worsley for the benefit of the City of Arcadia; and WHEREAS, the property that is the subject of said Covenant has been purchased by Michael G. Fortanasce; and WHEREAS, this Release of Covenant has been requested by Michael G. Fortanasce to effectuate a new covenant that will consolidate 673 West Naomi Avenue with the adjacent parcels, 665- 67l Naomi Avenue that are also owned by Michael G. Fortanasce; and WHEREAS, the city of Arcadia as the enforcing party with respect to such Covenant is authorized to release same. NOW, THEREFORE, THE CITY OF ARCADIA DOES HEREBY ACKNOWLEDGE COMPLIANCE WITH SUBJECT COVENANT (ATTACHED AS EXHIBIT "A") AND DOES HEREBY EXECUTE THIS DOCUMENT OF RELEASE OF SAID COVENANT. Subject Covenant is hereby released and is to be of no further force and effect. The sole purpose of this release is to effectuate a new covenant of consolidation that will join 673 West Naomi Avenue to the adjacent parcels 665-67l Naomi Avenue. This , document shall be rec~rded and serve notice that subject Covenant , \ " , , " '. 9' :;, /0 =:> d<f.s-- :>0 (~ c:~ 'f , l' State of California ) County o~ ~.e~ : On ~~, 17"13 bef!>re me, pers ally appeared .Do Y1,., '\. C.INO~ L I(d'UJf L, /1,,,, 1-eN'" , personally known to IDe (or proved la ..., OB the bob of sall..hctol'Y evi4eBce) to be -the person,(.&} whose name{&} is/'itt'& subscribed to the within instrument and acknowledged to IDe that ~she/~ executed the same in -M&,Iher/tlleir authorized capacity-{ies), and that by -hialher/-thffl signatur~ on the instrument the perso~fst, or the entity upon behalf of which the person(s) acted, executed the instrument. , WITNESS my hand and official seal. · ",..to<, d ~ (k 93 1204777 f1" . " " " " "ciNDY -..: RoWE" "t ':' ~ COMM. *960963 ... :Q "OTAllY PUSUC-cAU_IA ~ 0.. LOS ANGELES COUNTY ~ ~I. . : : . ~'.Co~~, ~~~ M:rC.h 2.4, !~ ~ l)l ;\ r J , , has been complied with according to the terms and provisions of the City of Arcadia. Dated thie .#~ day of r APPROVED AS TO FORM: , 1993. '~{ Mi~r !!l ~ city Attorney onna Butler cting Planning Director City of Arcadia -2- 93 12047'll . r. c ~t< ,. J1 MIN, PAST, j RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. ~rcadia, CA 91006 o COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby aCknowledged, , STEVEN A. WORSLEY and CHERYL S. WORSLEY, Husband and wife hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain real properties located at l320-1322 South Baldwin Avenue and 673 West Naomi Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: l320-1322 South Baldwin Avenue: Lot 4 (4) of Tract No. Four Thousand Six Hundred and Eleven (46ll) as per map recorded in Book 51, Page 82 of Maps, in the Office of the Los Angeles County Recorder. EXCEPT the easterly fifty (50) feet of said lot. ALSO EXCEPT that portion of the southerly twenty-five (25) feet of said lot lying westerly of the westerly line of the easterly sixty (60) feet of said lot. 673 West Naomi Avenue: The East 50 feet of Lot 4, Tract 46l1, in the City of Arcadia, as per map recorded in Book 5l, Page 82 of Maps in the office of the Los Angeles County Recorder. all of which aforedescribed is hereinafter referred to collectively as the "Affected Land" 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, conveyence or assignment. In the event of such legal actions. Covenantors or their successors or assigns shall be liable for the reasonable attorney's fees of Covenantee. 2. This Covenant and Agreement is for the benefit of the land of and shall inure to 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 th'is Covenant and Agreement sha 11 run with 'the land and shall be binding upon the heirs, successors and assigns of the Covenantors. 93 1204777 . . ; Lt 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 instrument on the date show opposite Dated:~ - ' -- Dated: "j -/.,..,yJ . .~ .. ..- ..... State of ~J<-.<,.A/ County of~ ~ f's - ~ - L- Ol'lFICIAL SEAL MMA. YN A CHAPMAN flOl~I<Y PUEllC . CAllFORNIA LO:; f'.:'iG:l!:S C:O:':NTY My camm. exp;~es t,MR 11, 1988 -. -- .... .. have executed this their signatures. , . "COVENANTEE" City of Arcadia ~/ By - tf~ 0'0<' ,~ City Manager APPROVED AS TO FORM: . rj (Ii~ ~. Miller City Attorney f'.. f'.. f'- ~ Q ,C\] ~ M 0") ., .- .. -- -. -- -- -- .' .~ ft!:- /:?j1d -' ,) On this the day of 19 i~ ,before me, ' }ss the undersigned Notary Public, personally appea~e~ . ,j ,i ~__ ~,jd~ a..vJ ~L ' '/' 1(;; :now~ ~e person(s) whose name(s) ~ubscribed '\ I 0 the within instrument and acknowledged that __ exeCl.ted the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal, -- TO:I';" Ed. "':~', ';;n,' --;:';; ;~---~-- ~~~~~~~~'~ - ---~~ , , " I . ,." ~. '..:.... \' i. M IDf ,',*_e~od~,- !:,'o..",".. , AI" L, 1'1 A ,'-' , -, -- - - "r __ ._ _ .r... ~"':-.t .......',~' ._ -- -- - ~ ;; , ,~ ' fl.- " " " " . "CINDY "..: RowE" "It ~ COMM.'~ ~ ,;, IllIIAIlY PUBUC.c,wRlR"IA II> ll: LOS ANGELES COU NTY _ t ll-... _ '. ' . ~y:o~~.~~r~M~~'.4~~~~ tl~/[J ::5.;>-J'S;'- ~ 93 1204778 State of California ) County of O<b~ ~ ~ q_l'N~tt-{!' %~ On pers ~ d.,;) ~bef.Qre lie, ally appeared )Pc. n "\ "- , personally known to lie wr 1'1u,,,d to ue 011 the basis ot sat1sf~('tnry. _evldellee) to be -the person l-er whose namefsl is/..H'e-1lubscribed to the witbin instrument and acknowledged to me that~/she/~ executed tbe same in bi8lber/theiT authorized capacity~, and that by h!BIher/t~ signaturefsl on the instrument the personfst; or the entity upon behalf of whicb the person~ acted, executed the instrument. WITNESS my hand and official seal. 81"..." ~,da& 1/ ... PR5-1 s~1 ~j~:>i o IO'il a:: "'= -l~ mi ~li~S ~8!..~ .98 ~ (I S"SVd