Loading...
HomeMy WebLinkAboutD-2265 86= 743929 It -lJ-.:l J. b S- ~C~ JUt.. 1 I it ~ 0 1986 <1>> eri?'" -"l ....I;>c--"lDl r-"'-r ~ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 I FREEJ-, C I COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby aCknowledged, MICHAEL G. FORTANASCE hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that certain real property located at 665 and 671 Naomi Avenue in the City of Arcadia, County of Los . Angeles, State of California, more specifically described as follows: Parcell: Lot 5 of Tract No. 4611, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 51, Page 82 of maps in the office of the Los Angeles County Recorder. Parcel 2: Parcell of Parcel Map 15415, in the City of Arcadia, County of Los Angeles, State of California, as per map filed in Book 160, Page 31 of Parcel Maps in the office of the Los Angeles County Recorder. All of which aforedescribed is hereinafter referred to collect'ively 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 ~parately 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 forcthe benefit of the land of and shall inure to the benefit of the Covenantee and its heirs, successors and assigns and ~s 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. ..- .:,:..~< ,.~-,.,- '1iJtl IN OFFICIAL RECORDS LOs ECoRDER'S OFFICE ANGELES COUNTY 1 CALIFORNIA MIN. 2 P PAST. M.JUN 111986 :. 1 State of ea 1 ; forn; il County of Los Angeles } 55. J :- OFI'IC1AL SEAL MARLENE J BALTZER NOTARY PUBLIC - CALIFORNIA LOS I,NGElES COUNTY My comm, expires OCT 2, 1987 " . GENERAL ACKNOWLEDGMENT FORM 7110052 On this the ----6..thJay of ,1. In" Marlene J. Baltzer the undersigned Notary Public, personally appeared ~1;chael r, Fortilnil~(,p o personally known to me Iii proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is within instrument, and acknowledged that he WITNESS my hand and officiai seal. N2Z~/g~~~ 198.6..-, before me, subscribed to the executed it. NATIONAL NOTARY ASSOCIATION. 23012 VenllJra Blvd. Woodland Hills. CA 91364 d. 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" Dated:, t, hit 6 r I By ~):l ~,..~n, Michael G. Fortanasce "COVENANTEE" City of Arcadia Dated: ,~.../() ~cft: APPROVED AS TO FORM: 86- 743929 rn~ II m~ Michael H. Miller City Attorney , . . " .... -2- f ( " t . I \.; 93 1204778 State of California ) 'd ) County of c?< D' .' ;':lCt~ ) On L......_ d,;:J pers ally appeared (! L ,'%>[( '-C ~ bef.ore lie, JJc. Y"l r,lZ...... L , '01)"1 t~ J ...J.\. I (-..!)- , personally known to lie {er pluved to lie 011 the-bad..-of-satiaf-actory evid9l1ee) to be -the person (H- whose nametfl is/-.H'e-1lubscribed to the wi thin instrument and acknowledged to lie that-he/she/they executed the same in W-81her/tlle!-r authorized capacity~, and that by MBlber/tlletT siqnature-nl on the instrument the person(at-, or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. '7 ,I ) Signature , L-1-----~ _ ~ ;lilt ~, , t 'V PRSol ~"'II~~ o ;0'5 0:: iJu~ ..l~~m; ~=ie~! u8~~J ....i (I 11.- . ". - ""C.NDV'~ RoWE" 't _ COM". *MOll63 ;g cil IIClfAAY P\IIUC_CAUfORNtA 'I' if LOS ANGELES COUNTY" ~1~ . ~ . T ~y~~~.:Xl)~~M~re~7:~~'", t/ '3 /Z) :-5.;.> s"'<;" :>v l-$lId ~J l~OIl'({O RECORDEDIF/LED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA JUN 24 1893 AT B A.M, RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY ATTORNEY CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 RELEASE OF COVENANT IFEE $.1{ 4 cr 665-671 Naomi Avenue, Arcadia, California Parcell: Lot 5 of Tract No. 4611, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 51, Page 82 of maps in the office of tpe Los Angeles County Recorder. I Parcel 2: Parcell of Parcel Map 15415, in the city of Arcadia, County of Los Angeles, State of California, as per map filed in Book 160, Page 31 'of Parcel Maps in the office of the Los Angeles Angeles County Recorder. WHEREAS, a declaration of Covenant to Develop and Hold property as One Parcel recorded June 13, 1986 was executed by Michael G. Fortanasce for the benefit of the city of Arcadia; 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 include these parcels, 665-671 Naomi Avenue, and add another parcel 673 West Naomi Avenue. This document shall be recorded and serve notice that subject Covenant has been complied with according to the terms '. : l \ and provisions of the City of Arcad~a Dated this ,251" day of r , 1993. APPROVED AS TO FORM: :!IJa~~!j{le~~ City Attorney /l "/ /) ~ tv"' 71'...4''1 ~/. / zD (!!,;mna Butler Kcting Planning Director City of Arcadia , .