HomeMy WebLinkAboutD-2486
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~93-1455932
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91006
RECORRDEDlF/lED IN OFFICIAL RECORDS
ECORDER'S OFFICE
I [ LOS ANGELES COUNTY
i CALIFORNIA
Co. MIN. 8 ^ u
PAST ...... JUl Z9 1993
3 01
COVENANT AND AGREEMENT TO DEVELOP AND HOLD
PROPERTY AS ONE PARCEL
IFEE $11
1
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
MICHAEL G. FORTANASCE, an unmarried man
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hereinafter referred to collectively as "Covenantor", hereby
declares to be the owner of that certain real property located at
1320-1322 South Baldwin Avenue in the City of Arcadia, County of
Los Angeles, State of California, legally described as follows:
Lot 4 (4) of Tract No. Four Thousand six Hundred and
Eleven (4611) 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 sala lot lying westerly of the westerly
line of the easterly sixty (60) feet of said ~ot.
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.
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.
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93 1455932
State of California
County of ~ ~~
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pers
before me,
(YI irJ.\/l.e.{
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personally known to me (or pro'lecl to lie on th.. huh of satisfactory
~~idence) to be ~he person(~ whose namefs) is/~ subscribed to the witbin
instrument and acknowledged to me tbat be/she/th~J executed the same in
bis/her/their autborized capacity(ies). and tbat by bis/her/their-
signature-(.e}. on tbe instrument tbe person {.e}; or tbe entity upon behalf of
which tbe person~ acted, executed the instrument.
WITNESS my
and official
. CINDY L. ROWE
~ COMM. *960963
li! NOTARY PUBUC.c:AURlIlIlIA
... LOS ANGELES COUNTY ...
11 '.,' My Comm. Expires March 24.1996 J
- - . - - . - - - . . ... ... ... - ... .
Signature
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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.
Dated:
0/fLJ1f3
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II COVENANTORS "
~~~-_.
Michael G. Fortanasce
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Dated:_b/21 ' f/??
APPROVED AS TO FORM:
~i~e7lA
city Attorney
93 1455932
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173.46
AFFECTED LAND
93 1455932
1320 & 1322 S. Baldwin Avenue
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EXHIBIT "A"