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HomeMy WebLinkAboutD-2260 '-"" . " .. ,". RECORDED IN OFFICIAL RECORDS 1. RECORDER'S OFFICE ..... LOS ANGELES COUNlY CALIFORNIA n ~l~T.'~ PM. MAY 14 1986 , ,f RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, RICHARD F. DOOTSON AND MARILYN J. DOOTSON, Husband and Wife hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that certain real property located at 11741 Clark Street in the City of Arcadia, County of Los Angeles, State of California, more specifically described in the attached Exhibit A and made a part hereof. 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 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-1he 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. ~J;79f/- ~..J: l o 4 ',j' >, . { ". ~ " '\ ~ . . , ,4 ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361,7 I certify under penally of perjury that the notary seal on the document to which this statement is attached reads as follows: \::) ~~ L. WL~ Name of Notary 0 \0 '3()1 ( 9fP Date Commission Expires I -:;IV I l U' <\-- Place of Execution of t?iS Declaration l t~ Date ~ I c.f I I ~c~~ ~ Signature (FIrm na~e if any) 86,- 601003 R7473179 :. '. . i , , , . ., . i 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. Dated: ----5;0 /,JJ-( Dated:d;/7)f[ , I Dated: ~/7-c?6 APPROVED AS TO FORM: It} ~ l!l~ Michae Mlller City Attorney I, . "COVENANTORS" By ~'tc3 ~'~ ~a d F. ootson, Husband ----- By~~~f!~ Mavllyn J. Dootson, Wife "COVENANTEE" City of Arcadia " ~#4' <#,,0 g J atts Clty Manager -2- 86- 601003 CAT. NO, NN00627 TO 1944 CA (1-83) STATE OF CALIFORNIA COUNTY OF LOS ANGELES . TICOR TitlE INSURANCE It }~. 86- 601003 T r (Individual) l On MAY 7, 1986 said State, personally appeared before me, the undersigned, a Notary Public in and for MARILYN DOOTSON AND RICHARD DOOTSON .. '" '.. 0: .. .. ~ c ~ -, J . personally known to me or proved to me on the basis of satisfactory evidence to be the person-S, whose name S subscribed to the within instrument and acknowledged that ~ Yexe. cuted the same, WITNESS my hand and official seal. {I '- S' 4/w &OJ ~ ~/. "/J '2<,/<';' 'gnarure .;r"/ ",<-"",,,,,e;, ~ d:L....c..G- BEVERLY L. DAVIS (This area for official notarial sea)) -- .. '. , ' 86';' 601003 THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES AND IS DESCRIBED AS FOLLOWS: LOTS 395 to 410 INCLUSIVE, LOTS 642 to 652 INCLUSIVE, LOTS 888 to 891 INCLUSIVE, AND LOTS 1130 to 1133 INCLUSIVE, OF THE CHICAGO PARK TRACK, IN THE CITY OF ARCADIA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, 'AS PER MAP RECORDED IN BOOK 30 PAGE 100 of MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION INCLUDED WITmN THE LINES OF THE STRIP OF LAND GRANTED TO THE CITY OF ARCADIA FOR STREET AND HIGHWAY PURPOSES (TO BECOME A PART OF AND TO BE KNOWN AS CLARK STREET) BY DEED RECORDED ON FEBRUARY 13, 1964 AS DOCUMENT NO. 4074 in Book D 2357 Page 123 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER AND MORE PARTICULARLY DESCRIBED THEREIN AS FOLLOWS: BEGINNING AT TH E SOU'!'HEAST CORNER OF LOT 1103; THENCE NORTH 680 21' WEST 115 FEET:; THENCE NORTH 230 21' WEST 21.21 FEET; THENCE NORTH 210 39' EAST 7 FEET; THENCE SOUTH 25. 21' EAST 24.04 FEET; THENCE SOUTH 68. 21' EAST 115 FEET;, THENCE SOUTH 210 39' WEST 5 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THE SOUTHWESTERLY 5 FEET OF SAID LOTS 1104 to 1133, INCLUSIVE, AS CONVEYED TO THE. CITY OF ARCADIA BY DEED RECORDED' ON AUGUST 2.8, 1973 as DOCUMENT NO. 4247. ' SAID LAND BEING A PORTION OF THE LANDS DESIGNATED "NOT A PART .oF THIS SURVEY" ON RECORD OF SUR VEYFILED IN BOOK 82 PAGE 10 AND BOOK 84 PAGE 33 of RECORD OF SURVEYS IN SAm OFFICE OF THE COUNTY RECORDER. TOGETfE R WITH THAT PORTION OF DEARBORN STREET, 50 FEET WIDE, AS SHOWN ON SAID MAP, TITLE TO \VH ICH WOULD PASS WI TH A LEGAL CONVEYANCE O,'F SAID LAND, AS SAID DEARBORN , STREET WAS VACATED BY RESOLUTION NO. 4479 OF THE CITY OF ARCADIA, A CERTIFIED COpy OF SAID VACATION BEING RECORDED FEBRUARY 21, 1975 as INSTRUMENT NO. 3572. . , EXHIBIT "A" d '.