HomeMy WebLinkAboutD-2482
;, .
-.
.
...' - - "'~
93 1264778
~
..
RECORDEDIFILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
JUN 24 1993
AT 8 A,M,
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY A<r:TORNEY
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
RELEASE OF COVENANT
lFEEl4 4 CT
665-67l Naomi Avenue, Arcadia, California
Parcel l: Lot 5 of Tract No. 46ll, in the City of
Arcadia, County of Los Angeles, State of California,
as per map recorded in Book 5l, Page 82 of maps in
the office of ~he Los Angeles County Recorder.
Parcel 2: Parcel 1 of Parcel Map l54l5, in the City
of Arcadia, County of Los Angeles, State of California,
as per map filed in Book l60, Page 3l of Parcel Maps in
the office of the Los Angeles Angeles County Recorder.
WHEREAS, a declaration of Covenant to Develop and Hold
property as One Parcel recorded June l3, 1986 was executed by
Michael G. Fortanasce for the benefit of the City of Arcadia; 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 include these
parcels, 665-671 Naomi Avenue, and add another parcel 673 West
Naomi Avenue.
This document shall be recorded and serve notice
, that subject Covenant has been complied with according to the terms
"
.
,
and provisions of the city of
Dated this ,.;:;a '-=' day of
ArcCj;-
, 1993.
APPROVED AS TO FORM:
onna Butler
Acting Planning Director
City of Arcadia
!JJa*Mkle~~
, City Attorney
!"
J
.
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
3
AND
COVENANT AND AGREEMENT TO DEVELOP
AND HOLD PROPERTY AS ONE PARCEL
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
MICHAEL G. FORTANASCE
hereinafter referred to collectively as "Covenantors", hereby
dec ares to be the owners of that certain real property located
at 5 and 67l Naomi Avenue in the City of Arcadia, County of Los
,Angeles, e 0 a la, more specifically described as
follows:
Parcel l: Lot 5 of Tract No. 4611, in the City of
Arcadia, County of Los Angeles, State of
California, as per map recorded in Book 5l, Page 82
of maps in the office of the Los Angeles County
Recorder.
Parcel 2: Parcel 1 of Parcel Map l54l5, in the
City of Arcadia, County of Los Angeles, State of
California, as per map filed in Book l60, Page 31
of Parcel Maps in the office of the Los Angeles
County Recorder.
All of which aforedescribed is hereinafter referred to
colle~Eively 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 bensii: J ,-,
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:
l. The Affected Land shall be held and developed as one parcel
for the purpose of Planning and Building regulations and no
portion thereof shall be voluntarily or involuntarily sold,
conveyed or assigned separately or.legally divided unless and
until released in writing by the City of Arcadia. Any attempt to
sell, convey or' 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 forrthe benefit of the land of
and shall inure to the benefit of the Cover.~ntee 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. ' ;0
, ,-
93 1204778
"
"
I
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 show opposi~e their signatures.
"COVENANTORS"
Dated:
(,~/cf6
, ,
By 'hL~.~t)j. ~ :1~~~... n
Michae G. Fortanasce
"COVENANTEE"
,
Dated: ~ -/c--J1;
City of Arcadia
~~
' ,~, ~
By. ..-"1'''' /t ~' ... .
~o e . atts
'City Manager
19~, before me,
APPROVED AS TO FORM:
JnJ~(k inlR
M~chael H. M1l1er
City Attorney
'j
State of Califor'ni1l
}u
On this the ~ay of
. -- -
County of Los AnQeles
Marlene J. Baltzer
the undersigned Notary Public, personally appeared
OFFICIAL SEAL
MARLENE J DALTZER
N~t;.....y put;'l'': .. C:..\.tF'ORNIA
LOS '''';C:!.~S cr.',mn
My c,m"" C:',',", O::T 2" 19s:J1
Michapl G. Fnrtana~rp
o personally known to me
~ pro.ed to me on the ballls of Il8tlsfactory e.ldence
to be th@ p-.raonlsl wMIM' nJlme(s) ,_JA,., subscribed to the
within Instrument, and acknowledged that he executed It,
W~ITNEssm~y hand and official seal, ~
,/~~ ./
ta s Signature "
GIHIML ACKNOWIr.EDGW(NT 'ORM "'0062
NATIONAL NOTARy ASSOCIATION. 23012Ytnl"ra Itwd.. WQoGlIil"lCl HIIII. CA ,'..
93 1204778