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RECORDER'S OFFICE
LOS ANGELES COUNl)'
CALIFORNIA
~~T, 10 A.M. MAY 131985
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Dr.
ATcadia, CA 91006
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I FEE $9
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COVENANT AND AGREEMENT TO DEVELOP
AND HOLD PROPERTY AS ONE PARCEL
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
I
,
STEVEN A. WORSLEY and CHERYL S. WORSLEY, Husband and wife
hereinafter referred to collectively as "Covenantors" , hereby
declare they are the owners of that certain real properties
located at l320-1322 South Baldwin Avenue and 673 West Naomi
Avenue in the City of Arcadia, County of Los Angeles, State of
california, legally described as follows:
1320-1322 South Baldwin Avenue:
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 said lot lying westerly of the westerly
line of the easterly sixty (60) feet of said lot.
673 West 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.
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.
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State of ~
County Of~ LF
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t~ed;~t:V~ona~:~:ra4 y.
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-537/'?Cj .nown t,o ~e,to be the person(s) whose name(s) ~ubscribed
'\ I 0 the wlthm mstrument and acknowledged that
executed the same for the purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my'hand and official seal.
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Ofi!'ICIAL SEAL
MARilYN A CHAPMAN
NOTARY PUBliC.. CALIFORNIA
LO, 1'.~G;L[S COUNTY
My cornm, expires 1,IAR n. 1988
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GENERAL ACKNOWLEDGMENT FORM
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On this the pt!: day of /J~d 19Y~""', before me,
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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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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
instrument on the date show opposite
have executed this
their signatures.
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"COVENANTORS"
Dated:~
"COVENANTEE"
City of Arcadia
'Y~l;f~
~org W s
City Manager
Dated: s-: /.,..,?s-
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APPROVED AS TO FORM:
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Mic ael H. Miller
City Attorney
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
RECORDED/FiLED iN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CAliFORNIA
JUN 24 1993
AT 8 A,M,
CITY ATTORNEY
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
4 or
RELEASE OF COVENANT
IFEE $14
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1320-1322 South Baldwin Avenue and 673 West Naomi Avenue
Arcadia, California
1320-1322 South Baldwin Avenue:
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 said lot lying westerly of the westerly
line of the easterly sixty (60) feet of said lot.
673 West 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.
WHEREAS, a declaration of Covenant and Agreement to Develop
and Hold Property as One Parcel was recorded on May 13, 1985 and
executed by Steven A. Worsley and Cheryl S. Worsley for the benefit
of the City of Arcadia; and
WHEREAS, the property that is the subject of said Covenant has
been purchased by Michael G. Fortanasce; and
WHEREAS, this Release of Covenant has been requested by
Michael G. Fortanasce to effectuate a new covenant that will
consolidate 673 West Naomi Avenue with the adjacent parcels, 665-
671 Naomi Avenue that are also owned by Michael G. Fortanasce; and
WHEREAS, the City of Arcadia as the enforcing party with
respect to such Covenant is authorized to release same.
NOW, THEREFORE, THE CITY OF ARCADIA DOES HEREBY ACKNOWLEDGE
COMPLIANCE WITH SUBJECT COVENANT (ATTACHED AS EXHIBIT "A") AND DOES
HEREBY EXECUTE THIS DOCUMENT OF RELEASE OF SAID COVENANT.
SUbject Covenant is hereby released and is to be of no further
force and effect.
The sole purpose of this release is to
effectuate a new covenant of consolidation that will join 673 West
Naomi Avenue to the adjacent parcels 665-671 Naomi Avenue. This
document shall be recorded and serve notice that subject Covenant
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has been complied with according to the terms and provisions of the
City of Arcadia.
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Dated this _-;;",7> -
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, 1993.
day of
APPROVED AS TO FORM:
~~{ .ler rr; ~
city Attorney
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A.
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Director
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onna Butler
Acting Planning
City of Arcadia
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State of California
County o~-,d iL/r el?
an ~~ ;;.;" I f'1.3 before Jle,
pers ally appeared 'Do ,; Y1 '\.
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personally known to lie (or pre'/e.! Lv ..6 011 tbe b....b of salJ..tactor-y
erl4&ftce) to be .tbe person-(.lH wbose name{e} 18la_ subscribed to the within
instrument and acknowledged to lie tbat ~sbe/~ executed tbe same 1n
M&lber/tlleir authorized capac1ty(1es), and tbat by Ualher/~
siqnaturefsi on the instrument the persootet, or the entity upon behalf of
which the person(s) acted, executed the instrument.
,
WITNESS my hand and official seal.
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93 1204777
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lQ NOTAIIY PUBUC-cAURlIlNIA f{I
.. ' LOS ANGELES COUNTY ~
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93 1204777