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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