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HomeMy WebLinkAboutD-2262 '" ~ :r ..,.., .. ~(/~ ~r~---~-- ) RECORDED IN OFFICIAL RECORDS RECORDING REQUESTED BY A RECORDER'S OFFICE WHEN RECORDED MAIL TO: LOS ANGELES COUNTY City Attorney n~1 City of Arcadia CALIFORNIA ho... 240 W. Huntington Dr. 11 MIN. 9 A M. MAY 22 1986 Arcadia, CA 91006 PAST. I FEE $11 JI 4 COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, BALDWIN-FAIRVIEW SHOPPING CENTER, LTD. a California Limited Partnership hereinafter referred to collectively as "Covenantors" , hereby declares to be the owners of that certain real property located at 703-711 Fairview Avenue in the City of Arcadia, County of Los Angeles, State of California, more specifically described as follows: PARCEL 1: Those portions of Lot 24, Tract No. 2731 in the City of Arcadia, in the County of Los Angeles, State of California, as per map recorded in Book 33, Page 29 of maps, in the office of the Los Angeles County Recorder. The southerly ~70 feet of Lot 24, Tract No. 2731. except the westerly 240 feet, also except the easterly 20 feet measured at right angles to the easterly line of said Lot 24, also except the following: Beginning at a point on the southerly line of said Lot 24, said point being westerly distant 33.22 feet from the southeasterly corner of said Lot 24; thence easterly 13.14 feet along said southerly line to its point of intersection with a line parallel with the easterly line of said Lot 24, said line being westerly distant 20.00 feet measured at right angles to the easterly line of said Lot 24, thence northerly 13.14 feet along said parallel line to the point of cusp with a curve concave to the northwest and having a radius of 15.00 feet, said curve being tangent at its southwesterly terminus with aforesaid southerly line; thence soutwesterly 21.59 feet along said curve to the point of beginning. PARCEL 2: The east 70 feet of the west 240 feet~f Lot 24, of Tract No. 2731, 'in the City of Arcadia, in the County of Los Angeles, State of California, as per map recorded in Book 33, Page 29 of maps, in the office of the Los Angeles County Recorder. r . . . PARCEL 3: That portion of the Santa Anita Rancho, in the City of Arcadia, in the County of Los Angeles, State of California, as per map recorded in Book 1, Page 97 of patents, in the office of the County Recorder of said County, included within that portion of the southerly 20 feet of the 40 foot strip of land marked "right of way of southern pacific railroad", on the map of Tract No. 2731, as per map recorded in Book 33 Page 29 of maps, in the office of the county recorder of said county, which is bounded on the east by the northerly prolongation of a line parallel with and distant easterly 240 feet at right angeles from the westerly line of Lot 24 of said Tract No. 2731 and bounded on the west by the northerly prolongation of a line parallel with and distant easterly 170 feet at right angles from said westerly line of Lot 24. 7/ 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 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. -2- 86- 639319 STATE OF CAliFORNIA COUNTY OF Los ANGj ELt:S On this \ 3"1Jj- doyof M A'I . 19 3l, before me, the undersigned, , a Notary Pulbic in and for said Coun and State. personally appeared RA- rvt€' A- J A-u> e. k) J to.l,-,J e-(?- ., }ss \ Cl 'I: ~ to Ii. 86- 639319 personally known to me (or proved to me on the basis of satisfactory evidence) to be -rLA.J 0 of the partners of the partnership that executed the within instrument. and acknowledged to me that such partnership executed the some. c ~ :' i t ~ :::~~ '/.?t<-loCf Pun./- 5cHe-e'tk.-fC Nome (Typed or Printed) l' .T1103 @);'."'ROFF/CIALSEAL " ICKY RUTH SCHREIBER. e Notary Publlc-callfornia . . . LOS ANGELES COUNTY , , My Comm, Exp, Aug, 14, 1989 (ThIs area tor official seal) " (' ' ~i r~ 1\ (COI'pOl'ation 88 a Partner of a Partnership I STATE OF CALIFORNIA COUNTY OF L t? S A1Q.c",,~.::f On /774V /1-' /9P,;. . belo", me, , lI4id State, personally appeared X C'A.lNI:i<7/f on the basis of satisfactory evidence) to be the I SS. 86- 639319 S"C-/t'wl'llZtz. a Notary Public in and for (known to me) for proved to me p-.:~..nt Anti llrnn.....n t^ ......11,.,. p.-.......:I 6 .......... the b....:u at sa&i.dJ.vt\....] .,.:d.........l.... be the Secrelary of 1< ~;Q~ C-c;1Vr~7!.5 IN/ . the corporation that executed the within instrument and (known to mel lor proved to me on the basis of satisfactory evidence I to be the penon! who executed the within instrument on behalf of said corporation, said corporation bei~ (known to me) lor proved to me on the basi. of ~} (/atislactoryevidencel to be one of the partners of - ~.bt-;V /4d'evIE,v .51Y,/hN~ c..c;;vr~/L7!t the partnership that executed the within instrument, and ./"1 CJ,"/"p~A ~A/fft' A1~1<I1I' scknowledged to me that 8uch corporation executed the same al ~nll such partner and e ueh partnenhip e uted the same. rU WITN and ollie'al.. I. Ur::rms. 51 ~ ~~ ji LOS AIIllBD ClIUInY ~11l1l11l1l~~=~Ju~1IlIIlIJf F'orm 3266 {C11 J2~21 (TIIu."'.'orolfic~f,.ot.ritl_1J r IN WITNESS WHEREOF, Covenantors have executed this instrument on the date show opposite their signatures. ? "COVENANTORS" BALDWIN-FAIRVIEW Shopping Center, Ltd. A California Limited Partnership Partner Dated: ' , y/3 -:8'1:, Dated: ' 5, / iJ. Jt, By J Dated: ' ,..,111l ~l,., "COVENANTEE" City of Arcadia By ./;f;f.<f/d G,.e"o g J a City Manager Dated: ..s--/0' -g'S- APPROVED AS TO FORM: 86- 639319 rm~a~i1- ~Iael . M1.l er City Attorney .' , , -3-