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HomeMy WebLinkAboutD-2214 '--..: , , <),::; :1(....< ~ 0 P Y of Document R , , ecordecl I: 'Ill' ;. ..~o . . :..} . RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 AND --- ,'..;;".,' Has not bi';n Com .'- o ' . pared w'th " r.rgma! wii! iJ" "0.'... .' onglnaL. processir.'" (p.:', ,~, r.ej IVrl.,;n .., S ANGEL S " r' ;J,'.,,;) . COVENANT AND AGR ' 8fG/STRAR. RECORDER AND HOLD PROPERTY AS ONE fARCEL e_....;......_.___ FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, SAM J. FALZONE hereinafter referred to collectively as "Covenantors" , hereby declare they are the owners of that certain real property located at 351 E. Foothill Boulevard in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Parcell: Parcell .of Parcel Map No. 1081, as shown on Map recorded in Book 18, Page 26 of Parcel Maps, in the Office of the County Recorder of Los Angeles County. Parcel 2: Parcel 2 of Parcel Map No. 1081, as shown on Map recorded in Book 18, Page 26 of Parcel Maps, in the Office of the County Recorder of Los Angeles County. Parcel 3: Parcell of Parcel Map No. ~26, as shown on map recorded in Book 17, Page 22 of Parcel Maps, in the Office of the County Recorder of Los Angeles County. all of which aforedescribed 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, 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 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. I~H:' IOstJuruen! tiled for rccori by American lltle ~IIY i' Jf\ ::ccornmo:J3\10n only. It has not been ewDied . to ;t~ 1!~1'1' 'l;fIf\ tl1 II' tn It! flffet1 upon the 1111.. ~ ~ N 'P <ll :> Ql !5. Ql on D. I:; s ~ Ul U '0 " ,{ 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 opposite their signatures. "COVENANTORS" .... -J ~- 1:. ,/ Dated:" a (f J ~4~ ' J. FI)tZONE Dated:, )'........./y'lr , "COVENANTEE" :7~~~~~, e e J: W ", . City Mana r . APPROVED AS TO FORM: fJ1~.l{il~ City Attorney -.....-_._-- Ql D. S Ul @)~~~~g STATE OF CALIFORNIA } COUNTY OF 4~.s ~'j': k S 55., On 11115 !he / ~ day of /})"",J, Notary Public in and for said County and Slale, personalty appeared S ItYvI J ;:;,/2-J/1-1::... J'.\- 19_, before me the undersigned, a FOR NOTARY SEAL OR STAMP , personally known to me or proved to me on the basis 01 satisfactory evidence to be the per500.- whose name l.s _ subscribed 10 the within instrument and acknowledged thai fts:..execuled!he samef!J' 1.1 . ? -;-&,A-L- 75C.!7c-'~0. Itu-~' Slgnalure of Notary ~~ ~,~........ OFFICII\L SEAL .~., .... YOLAUOA BEl TRAN GARCIA ~ CD:. .' NOTARY PU~lIC.CAUFORNIA .. PHINCH"',\l OFFICE IN ..,,~... LOS ~rIGH€.S COUNTY MY COMMISSION EXP. FEB, 3, 1989 -2- .~ ~ - ,;.. " .. ~ ~ I:D ~...~-.... , . L . flClr>.l ~CO\U)S \l.~COI~{)H) I" ~R'S OfflCt. Rt.CO~~t.Lt.S CO\Jl'In' LOS i>: Cr-.LlfORl'I; tA~R 1.~.'ge5 \ t-Jlll'I, 1.1j).,. ~ 11 pr-.s1, ---J FEE $7 ---- - J ., ..J- ' Q;,I-' I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 2 M f COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, SAM J. FALZONE hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain real property located at 351 E. Foothill Boulevard in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Parcell: Parcell of Parcel Map No. 1081, as shown on Map recorded in Book 18, Page 26 of Parcel Maps, in the Office of the County Recorder of Los Angeles County. Parcel 2: Parcel 2 of Parcel Map No. 1081, as shown on Map recorded in Book 18, Page 26 of Parcel Maps, in the Office of the County Recorder of Los Angeles County. Parcel 3: Parcell of Parcel Map No. 626, as shown on map recorded in Book 17, Page 22 of Parcel Maps, in the Office of the County Recorder of Los Angeles County. 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, 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 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. Uus Instlument filed for recor~ b~ American Title eosn,aD)' II; JIl ~cCQmmo:J!lUon only. It has not been elWDinOO . to il~ ,!'I'I>/:',!i(l.(l or ao; to Its l!ffect upon the tftl.. \ '\ ~ .. Q. J! III J .. ~ "0 '> ';; ,S. .>i u <( N '" a, " .. lE- .. "' Q. .... .. '" ili ~ <( u m!1!~~Rs.2 STATE OF CALI~ORNJA /J, k I COUNTY OF "'-tIIJIS /"tY1'j e. .s Si J, On this the / ~ day of m"..,.. , Notary Public in and for said County and State, personally appeared rJ . 19_, before me the undersigned, a S ItYr1 ;:-ct/~ ~ , -l. FOR NOTARY SEAL OR STAMP .' , personally known to me or proved to me on the basis of satisfactory evidence to be the person_ whose name~ subscribed to the within Instrument and acknowledged that ~executed the same. -A 1~~ 71tt?&;'J..RJ(~' Signature of Notary ~~ .'''' OFFICI^LSEAL ~ ~ YOLANDA BELTRAN GARCIA 1 D . ~ NOTARY puaL1C.CALIFORNIA PR1NCII-'AL OFF!CE IN "" ,.~ LOS Ar.GHES COUNTY HI COMMtSSION EXP, fE8, 3. 1989 , l . 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" "7 _) ~_ ~ ,/ Dated:.1 0 q J ~/w~--' "COVENANTEE" City of Arcadia /' Dated: ( 3 --'''/r':''-g~ APPROVED AS TO FORM: 7JJ~ 1/ ~ Mlchael H. Miller City Attorney 85 301343 -2- .~