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HomeMy WebLinkAboutD-2257 .' ~ (/ uu u,",v.a.vv R EC E" V ED APR 16 1986 .' RECORDING REQUESTED BY 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 COUNTY CALIFORNIA ~~T, 1 P.M MAR n 1986 FEE $9 D I 3 AND CITY' OF ARCADIA CITY ATTORNEY 1 COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL fOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, PASHAIE & SHOOSHANI, A GENERAL PARTNERSHIP DOING BUSINESS AS GOLDEN WEST PROPERTIES hereinafter referred to collectively as "Covenantors" , hereby declares to be the owners of that certain real property located at 745-819 W. Naomi and 760-828 W. Duarte Road in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: PARCEL 1: Parcell in the City of Arcadia, 1n the County of Los Angeles, State of California, as shown on Parcel Map No. 1510~ filed in Book 180, Pages 3 and 4 of Parcel Maps in the office of the Los Angeles County Recorder. PARCEL 2: The West 63 feet of the East 252 feet of the North 305 feet of Lot 3_ in Block "A" of Santa Anita Land Comoany's Tract, in the City of Arcadia, ~n the County of Los Angeles, State of California, ~s per map recorded in Book 6, Page 137 of Maps, in the office of the Los Angeles County Recorder. PARCEL 3: The Westerly 63 feet of the Easterly 189 feet of the Northerly 305 feet of Lot 3 in Block ,"A" of Santa Anita Land Company's ~ract; in the ~ity of Arcadia, in the County of Los Angeles, State of California, as per map recorded in Book 6, Page 137 of Maps, in the office of the Los Angeles County Recorder. PARCEL 4: Parcell in the City of Arcadia, in the County of Los Angeles, State of California, as shown on Parcel Map 17248_filed in Book 184, Pages 45 through 47 of Parcel Maps 1n the office of the Los Angeles County Recorder. PARCEL 5: That portion of the Northerly 20.00 feet of Lot 2 of Santa Anita Land Company's Pumping Plant No.1 Tract, in the City of Arcadia, -i"nthe County of Los Angeles, State of California, as per map recorded in Book 10, Page 183 of Maps in the office of the Los Angeles County Recorder, bounded Easterly by the Easterly line of the Westerly 244.77 feet of said Lot 2, and bounded Westerly by the Southerly prolongation of the Westerly line of Lot 4 of said Tract. 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 ~ithin 500 feet of the Affected Land, as follows: - v 1. The Affected Land shall be held and developed as one parcel for the purpose of Planning and Building regulations and no portion thereof shall be voluntarily or involuntarily sold, conveyed or assigned separately or legally divided unless and 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. 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" PASHAIE AND SHOOSHANI, a General Partnership, dba Golden West Properties Dated:4 cJ?,-J..1-86 ~ ocrsnan~, General Partner By, Dated: ' JJ, :2 7-ot "~~~/ By ~ _ / parv~~6eneral Partner "COVENANTEE" City of Arcadia Dated: d7 - ci?~?C APPROVED AS TO FORM: 1a~'{' MMe" mJa 86- :196169 -2- City Attorney t ." ". , . STATE OF CALIFORNIA )SS. COUNTY OF LOS ANGELES) ) On February 27, 1986 before me, the undersigned, a Notary Public in and for said State, personally appeared SAID SHOOSHANI, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. W~TNESS ~hand a.nd Off~iCi seal. s~gnature_~ Q, ~ P' STATE OF CALIFORNIA )SS. COUNTY OF LOS ANGELES) ~ OFFICIAL sEAl. MARIE J. BERGMAN . ,NOTARY PUBLIC. C4LIFORNIA LOS 4NGElES COUNTY M, eo..... bpO-.. Doc. 16, 1986 On February 27, 1986 before me, the undersigned. a Notary Public in and for said state, personally appeared PARVIZ PASHAIE, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed ,the within instrument as one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS seal. Signature 8 O_~CIAL SEAL MARIE J. BERGMAN NOTARY I'UBUC . CAUFORNIA Loa ANGElES cou.~ , M Co .... , mm, &pi... Doc. 16, 1986 86- 396169