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HomeMy WebLinkAboutD-2218 '. Oil i)cl'~ --.... -- ," V" ''''Ml tltLUIW:i RECORDER'S OFFICE LOS ANGELES COUNl)' CALIFORNIA ~~T, 10 A.M. MAY 131985 . " RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. ATcadia, CA 91006 n 3.0/ I FEE $9 . . I 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. .. .. .. , State of ~ County Of~ LF .\ " t~ed;~t:V~ona~:~:ra4 y. " . /.d~ -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. r":II'S' 'i~ '''IJ-''~ ::'/.>n: --'1::';7 I ___-;..~;...w~ nf. Ur. =p~"_... ~___... Z2J/"i. "'L~... ~~:: ~'_' M~AllllJ,.'rf. PI~BlI.G'.~ I..O....'r1'i A ~"^_...., .a - .. _ _ .... ...~i.l.........1\'~,f\r .. "___n.., "_~H fs ., ." .. .. }ss \: ~ /.. I 'L. Ofi!'ICIAL SEAL MARilYN A CHAPMAN NOTARY PUBliC.. CALIFORNIA LO, 1'.~G;L[S COUNTY My cornm, expires 1,IAR n. 1988 .a .~ .a GENERAL ACKNOWLEDGMENT FORM .. .a .. .. - .. .. .. .. .. .. On this the pt!: day of /J~d 19Y~""', before me, .. .a - -)] ">1 SMS.276Q 2760 r, , 01 , , , , f \ -, , ... 11 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 instrument on the date show opposite have executed this their signatures. o "COVENANTORS" Dated:~ "COVENANTEE" City of Arcadia 'Y~l;f~ ~org W s City Manager Dated: s-: /.,..,?s- -2- APPROVED AS TO FORM: ~ ~ /idfL Mic ael H. Miller City Attorney ~___S37/,(9 " 93 1~U4t' ({ 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 -I 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 /) . has been complied with according to the terms and provisions of the City of Arcadia. -J -J""~ Dated this _-;;",7> - " Ii ,/'.(..__,_~ '-o{'" /, U , 1993. day of APPROVED AS TO FORM: ~~{ .ler rr; ~ city Attorney /} - ~/ A. ~_/ Director __ _ _4~ ' <.-/' onna Butler Acting Planning City of Arcadia 1 State of California County o~-,d iL/r el? an ~~ ;;.;" I f'1.3 before Jle, pers ally appeared 'Do ,; Y1 '\. ) ) ) c./'V.J4.- L I?lfli C L. IL, _I+-..... , 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. '- ~/1 ",,,,,to 8 '~>/r~fuJ 93 1204777 11"""""' 'ciNDY"L.-RoWE" "t ~ G COMMA .lleOlI63 :x lQ NOTAIIY PUBUC-cAURlIlNIA f{I .. ' LOS ANGELES COUNTY ~ ~I. ~ ~ ~ . ~y ~~~. ~~~ M~re~ 2.4, ~~, -2- 93 1204777