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HomeMy WebLinkAboutD-2486 ~ " , - .... __ _ r. ~93-1455932 / ;. . 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 / 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. I ,. r '~' " 93 1455932 State of California County of ~ ~~ ) ) ) I ~ , '\. l (1, ,~O 't, ~~ , ~ f==6 ,-t- 6. ",-ue e.. On pers before me, (YI irJ.\/l.e.{ , 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 . , , . ~ ( ~ y 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 I f II COVENANTORS " ~~~-_. Michael G. Fortanasce ~ Dated:_b/21 ' f/?? APPROVED AS TO FORM: ~i~e7lA city Attorney 93 1455932 ", .:....-" " + I,,,, , :!' \, 93, '2S 010 "r.' !' ~ . ~., 1% _ -- -----;:: ..1~3----;;("', ~ ~v: I, .. ~ ",. .ll 11 ,~~ 1': .. .. ~~ 1c.~,ge ....- .r' €~ ~ , . ^ " '1.'11.'1'1 ,,,'.41 ~~ , '20",39 14 IS ~~'" on-" ..... ' ~.s r: W ~ ,~.3.e4 ~"E q; ~' ":::-0 () . :t:: ..... 2. '"'~ "'. ..... ,,'II -'- ..... ~ <:: ~ Q -J ~, ~~ !\i 95' __...J..t~7.J...~_ ~v _~_ !! \!l 7 IU.71 't ~ TRACT NO,'.... t C) oi Iii" l"... 0\ .. u,e, ",-roo '" ... , . ,7 <( .~ ALLE-Y 14 .1 '0 70 Q,O ... J ....-: ;""~~" ~ '<;"..:dl...'.,.,...,.~ ft ,If.,-:O:::I - ,"'- ~'~I ~ " ~O 64 '" "30. . g '..' :; ~~ !~ :, . :~ "S: ()o 1 7S ;; "1$ :: '2 .~ ____~4.~___ ~ 5 If, rt 1\.47 ~ ISS.30 !II ..; ':') \" ~~ .0 Ii "'fIl "'t'II i.{), ~ ~ fIl 5$' ", ". ',.' .', ., -'- , r _. ,'.,...~J '215. NAOMI o ~' , ~ , ,".':. , (6t6(i) , (};5&),.,:.("J, , /~;' . .... \~; . -.,' ~ ,'.~ ,~ " '.:~~.~~~ ~"..: ".' ','- . ~J ~ ..J~S' ii~... . ~; ;: fIl' , ItIlj,j i ""~" 1- 0'::- <:, I... ., ....~:"\ ,.....1' t) ..,U "l....!::'" "'I\) ~ ' <C O'l ~ ic:l~ rc: ~.~ ~~ 1-- ~"~~ . :~'. " ,00 "":>"::":~ '~!\t.f.J:~, :~ , "." :~ ~ - to 1~'2,83 31 . ----;a-Oi"'--- ...~ .-" ,....~ ... :3"1 . ~ : 173.46 AFFECTED LAND 93 1455932 1320 & 1322 S. Baldwin Avenue '; t"'l EXHIBIT "A"