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HomeMy WebLinkAboutD-2264 .c:.. "/ '-=- 86~ 710931 RECORDED IN OFRCIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA .21 MIN. 12 PM JUN 6 1986 PAST. '. / RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 3 C., r 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, 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 11723 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 conti9~ous 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 insure 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. .!/JP .{t?375-f/-- f/~ CAT, NO, NN00627 TO 1944 CA 11-831 fit TICOR TitlE INSURANCE {Individual} STATE OF CALIFORNIA LCl::OUNTY OF LOS ANGELES } ss. L On MAY 7. 1986 said State, personally appeated before me, the undersigned. a Notary Public In and for MARILYN DOOTSON AND RICHARD DOOTSON " II: ~, % ,,', oJ .. '" ~ " ~ . personally known to me or proved to me on the basis of satisfactory evidence to be the person~ whose name 5 subscribed to the within instrument and acknowledged that the Y exe- cuted the same, WITNESS my hand and official seal. Signature ..7J~~~1 ,/ O~ , BEBERLY L. DAVIS ......................... :~' _ OFFlClAl.tAl. ~ o' BEVER~Y l. DAVIS; :.. _,. . - NOT~fN PlIauc.cAltfCRNlA: . ~ flQlNCIPI\l OFFICi IU . . "I,. ,- LOS ~NGEl[S COUNT ( t : t.~l t:orr.rr.::'~:D" hpnes Oct, :;0, JIJB9 ! ~.:,a,.':"~'.~" .~.4>-.+.-......,~ ~.. (This area for official notariaJ seal) v 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" Dated: _~~ / .P-r' , By f-- ~ - 7 h___..-'" Rfd1, r-. Dotson, Husband Dated: J/7/j7~' I / BY~~~(!'~ Ma ilyn d. D6otson, Wife "COVENANTEE" City of Arcadia By ~## .G€orge J. aEts City Manager Dated: ,4,-/7.--:.f't:' APPROVED AS TO FORM: ~~ M,eJn$1- 86- 710931 City Attorney . , -2- . 7 .' -. The LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES AND IS DESCRIBED AS FOLLOWS: Lots 631 to 641 INCLUSIVE, LOTS 863 to 887 INCLUSIVE, AND LOTS 1107 to 1129 INCLUSIVE, OF THE CHICAGO PARK TRACK, IN THE CITY OF ARCAD!1\, 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 WITHIN 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 RECORD'ER AND MORE PARTICULARLY DESCRIBED THEREIN AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT n03; THENCE NORTH 680 21' WEST 115 FEET:; THENCE NORTH 230 21' WEST 21.21 FEET; THENCE NORTH 210 39' EAST 7 FEET; THENCE SOUTH 250 21' EAST 24.04 FEET; THENCE SOUTH 680 Zl' 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 28, 1973 as DOCUMENT NO. 4247. SAID LAND BEING A FOR TION OF THE LANDS DESIGNATED" ;'NOT A PART OF THIS SUR VEY" ON RECORD OF SURVEY FILED IN BOOK 82 PAGE 10 AND BOOK 84 PAGE 33 of RECORD OF SURVEYS IN SAID OFFICE OF THE COUNTY RECORDER. TOGETIE R WITH THAT PORTION OF DEARBORN STREET, 50 FEET WIDE, AS SHOWN ON SAID MAP, TITLE TO WH ICH WOULD PASS WI TH A LEGAL CONVEYANCE 0 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. , , __~, u_____.. EXHIBIT "A" 86- 710931