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HomeMy WebLinkAboutD-2210 ,- ., \ . .~~--- - " 00- O:1,tJtJ J...J oL-' ~ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUN1'f CALIFORNIA 11 MIN, 9 - A,N\, JAN 17 1985 PAST, ~. ~ COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL r FEE $'1.'0 0 L b FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, TAl INTERNATIONAL, INC. hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain real property located at 171 East Live Oak Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Those portions of Lots 4 and 5 of Tract No. 12670, in the City of Arcadia, in the County of Los Angeles, State of California, as per Map recorded in Book 245, Pages 47 and 48 of Maps, in the Office of the County Recorder of Los Angeles County, described as follows: Beginning at a point in the south line of said Lo~ 5, distant westerly thereon 12.15 feet from the westerly terminus of the curve in the boundary of said Lot 5 having a radius of 15 feet and a length of 21.22 feet as shown on said Map; thence westerly along said south line 137.17 feet; thence northerly parallel with the east line of said Lot 4 and southerly prolongation of said east line to the south line of the land secondly described in the deed to the City of Arcadia recorded on October 18, 1957 as Instrument No. 3859 in Book 55889, Page 395 of Official Records, in the Office of the County Recorder of said County; thence easterly and southerly along the boundary of the land secondly described in said deed to the southerly terminus of the curve therein concave southwesterly having a radius of 15 feet and a length of 23.56 feet; thence southerly along a line parallel with and distant westerly 12 feet, measured at right angles from the east of said Lots 4 and 5 to the beginning of a tangent curve concave northwesterly having a radius of 15 feet, said curve at its southerly terminus being tangent to the south line of said Lot 5 at a point of beginning; thence southwesterly along said curve 21.22 to the point of beginning. . all of which afore described is hereinafter referred to collectively 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 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 } ! CAT. NO. NNOO737 TO 21946 CA (1-83) ~(Corporation) ,..' 'i " ,; t, .. 1 ," .:i . " :f c Ia ~~~ f' 1- ;"" ~ ~ TICOR TiTlE INSURANCE 8S 59?6J } ss, the undersigned, a Notary Public in and for STATE OF CALIFORNIA COUNTY OF Lar A"rp/pr On ~/<7...n~~' /a /985 before me, said State, persona yappeared A.6-r / #L:J~J' personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature ~/~/ . OFFICIAL SEAL CHEN H. WANG ~ NOTARVPUBUC.CALIFORNIA LOS ANGELES COUNTY My Comm Expires March 4, 1988 (This area for official notarial seal) 'r" ) 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 for the benefit of the land of and shall inure to 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. 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 opposite their signatures. "COVENANTORS" TAl INTERNATIONAL, INC. Dated: I /Iolf~ I I ...--' ... ,--- . '- .... r ~ i:':..--..-_ ABLE HOU U " AQ. (1..' cU...;t Title ~ "COVENANTEE" City of Arcadia , Dated: ;;/9'1.1' 'Y.ce~j?~ City Manager s:; S9';tGa APPROVED AS TO FORM: 1r)wl!~ Michael H. Mlller City Attorney I " -2- " " ;.