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HomeMy WebLinkAboutD-2267 7J,~, ,-~zv f)J~~"JJ~"'V "'" ,', r=-tl\. "'F ~ C ~ I RECORDING REQUESTED BY AND " __ 0 _ WHEN RECORDED MAIL TO: RECORDED IN OFFICIAL RECORDS ,oJ f./L 1 lOo^ RECORDER'S OFFICE c "'0 "Pb LOS ANGELES COUNTY ~~z:;~ CALIFORNIA " l' MIN. 3 PM.JUN 13 1986 PAST. City Attorney City of Arcadia 240 W. Huntington Arcadia, CA 91006 Dr. COVENANT AND AGREEMENT TO DEVELOP I FREE AND HOLD PROPERTY AS ONE PARCEL G1 , r 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", declares to be the owners of that certain real property at 745-819 W. Naomi and 760-828 W. Duarte Road in the Arcadia, County of Los Angeles, State of California, described as follows: hereby located City of legally PARCEL 1: Parcel 1 in the City of Arcadia, in the County of Los Angeles, State of California, as shown on Parcel Map No. 15104 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 Company's Tract, in the City 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. Except therefrom the Northerly 5 feet of the Southerly 30 feet thereof conveyed to the City ,of Arcadia, a municipal corporation, by deed recorded June 13, 1986 as Instrument No. 86- . 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 Tract, in the City 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. Except therefrom the Northerly 5 feet of the Southerly" 30 feet thereof conveyed to the City of Arcadia, a. municipal corporation, by deed recorded June 13, 1986 as Instrument No. 86- Y2'1/'l-t-L..S PARCEL 4: Parcel 1 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 in 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, in the 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 prolong at ion 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 11unicipal 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 continguous 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, conveyance or assignment. In the event to 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 heir,s, 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. 86- 744390 -2- 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 Ag r e emen t. 5. Agreement March 31, This Agreement superseded and cancels Covenant and to Develop and Hold Property as One Parcel recorded 1986 as Instrument No. 86-396169. "COVENANTORS" PASHAIE AND SHOOSHANI, a General partnership dba Golden West properties Dated: May 29 , 1986 Dated: . ,May 29 , 1986 "COVENANTEE" Dat'd'~~ ,1cr. 19.6 A;PROVED AS ~ /i12- M~ MILLER, city Attorney 86- 744390 -3- OF CALIFORNIA )SS. LOS ANGELES) On 02" 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. Signature M~ ~l. I 8) OFFICIAL SEAL V M BOWERS . NOTAIlY PU8L1C . CALIFORNIA LOS A.'lGElES COUNlY My comm. eX~:::~,~A~}~.}:!~ WITNESS my STATE OF CALIFORNIA )SS. COUNTY OF LOS ANGELES) On ';::;I/;ttu 02-1 , 1986 before me, the undersigned, a Notary publ~nd 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 my ,ha~nd Of.27ial seal. Signature ;p' J:2?.:..--,tf2!~- OFFICIAL SEAL 0) V M BOWERS . NOTAIlY PU8LIC . CALIFORNIA LOS ANGELES COUN1Y My camlll. expires M~R 9, 1990 86';' 744390 -4-