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93-1455931
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91006
RECORDED/FilED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
If CALIFORNIA
~ ~l~T 8 A.M. JUl Z9 1993
COVENANT AND AGREEMENT TO DEVELOP
AND HOLD PROPERTY AS ONE PARCEL
IFEE $11
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receipt
3 Of
of
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION,
which is hereby acknowledged,
MICHAEL G. FORTANASCE AND IFF PARTNERSHIP, A GENERAL PARTNERSHIP
hereinafter referred to collectively as "Covenantors", hereby
declare to be the owners of that certain real property located at
673 Naomi Avenue and 665-671 Naomi Avenue in the city of Arcadia,
County of Los Angeles, State of California, legally described as
follows:
673 Naomi Avenue:
The East 50 feet of Lot 4, Tract 4611, in the city of
Arcadia, as per map recorded in Book 51, Page 82 of
Maps in the office of the Los Angeles County Recorder.
665-671 Naomi Avenue:
Parcel I: Lot 5 of Tract No. 4611, in the City of Arcadia,
County of Los Angeles, State of California, as per map
recorded in Book 51, Page 82 of maps in the office of the
Los Angeles County Recorder.
Parcel 2: Parcel 1 of Parcel Map 15415, in the City of
Arcadia, County of Los Angeles, State of California, as
per map filed in Book 160, Page 31 of Parcel Maps in the
office of the Los Angeles County Recorder.
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 Cove~antee's la~d, 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.
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County of 4 _~J.h-.~
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appeared
93 1455931
(! I~oy L. .fvw€.-
c;, > k .--tL"""--'C-e....
before me,
W\,'da"J
,
personally known to me (or- prele.f to lie 00 the b811h of sathfaclOTy
evld..n~e) to be -the person(fl- whose name(Bl is/aH-subscribed to the within
instrument and aCknowledged to me that he/ahc/they executed the same in
his/.ber.'tbdr authorized capacity(4-e&h and that by his/hr!U1eir..
signature(&} on the instrument the persoD(~ or the entity upon behalf of
which t~~ person(&} acted, executed the instrument.
\......
WITNESS my hand and official
,
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Signature
i.O 0 - 0 - - . C1~Oy -L: RowE' . ~
... COMM. .960963 :ll
:I! IlOTARY PIIBUC.CAUFllRNIA l{>
... ~os ANGE~ES COUNTY ~
11_ ~ '~ ~ . ~y :O~~. ~xp~e~.~~rC.h ~~~~~JI
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 t/
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 shown opposite their signatures.
"COVENANTORS"
IFF PARTNERSHIP, A General Partnership
Dated:
I}s/fJ
t~d3
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MI$~/
Michael G. Fortanasce, General Partner
Dated:
~~ ~h~_~'
Michael G. Fortanasce
Don ld R. Duckworth
City Manager
APPROVED AS TO FORM:
93 1455931
mktll/ YtJ~
M1chael H. Miller
City Attorney
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AFFECTED LAND
665 - 673 Naomi Avenue
93 1455931
EXHIBIT "A"