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HomeMy WebLinkAboutD-2280 .-; .. r~( ~r ~ ~0B857 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arc.adia 240 W. Huntington Dr. Arcadia, CA 91006 RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 1 ~~~T. 9 A.M. OCT ZO 1986 J r FEE $9 I 3 COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, RONALD D. ROSSITER AND BARBARA M. ROSSITER, Husband and Wife hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that certain real property located at 5 West Duarte Road and 921 South Santa Anita Avenue in the City of Arcadia, County of Los Angeles, State of California, more specifically described in Exhibit "A" attac~ed hereto and made a part hereof. __ ~.-.. -'-1 All of which aforedescribed is hereinafter refe~red to~ I . 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 "Ben~fitted 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 volun~arily 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. ... ..... .'._. ._......_ ...____..''-1.. 1 NO.r. r~::::~~r~:'>;~2''''CO~}~~&Y-::::L3~;:~:~~;-~~=l. r'. 55. fl ~ i Los Angeles '~ ,_ J/G-l/ I " County 01 _ / . I .\ ., 1 ~ the undersigned N tary Putllc, personally appeared : ~ e. OFtI,lAMtr bAJA Ill) , ;;05'.\/!P1t' f IiJRI/lR/I A11kt':::1\' i, ~. 'l: NOTARY PUBUC. CA!.IFORNIA ~ I I. . LOS ANGELES COWNTY d II k t ~ r~ . . My Cern,"" E.pil'1l$Aprir 3, 1987 ~ persona y .no'.'ln 0 me . -, ~ ~ 0 proved 10 me on Ihe basis of satisfactory evidence I t to be the person(s) whose name(s) is subscribed to Ihe :i within instrument, and acknowledged Ihat __ ~~__cxecuted il. , " , WITNESS-my hand and I al seal. e Notary's Sign , 'j I. I _._~'''''_..''''_..:..~-.;.,~~~..z;:r~~./..z;:-''''';'.''~x~~....:;:;:>.....c----..c::?''"//~~;..o~~~~~~~~~...?;: i IN WITNESS WHEREOF, Covenantors have executed this instrument on the date show opposite their signatures. "COVENANTORS" O.',d, J~&~ Dated/f/r?? ~~~ y ._ Rosslter, Hus ' BY~~_~~ Barbara M. Rosslter, Wlfe "COVENANTEE" City of Arcadia BygL~~ City Manager Dated: /cJ-/</-?C APPROVED AS TO FORM: frJJ.f f ~ Mlchael H. Miller City Attorney r 86-1408857 -2,-'. , ' ' , . Those portions of Lot 3 of Tract No. 950, 1n the City of Arcadia, 17, page 25 of Maps, 1n the Office of the County 0.. ., Recorder of said County described as follows: '_') PARCEL 1: Beginning at a pOint in the Easterly line of said Lot 3~ distant NortherlY thereon 219.97 teet from the SoutheasterlY corner of said 10tJ thence Westerly at right angles to said Easterly line, 140.00 feet; thence Southerly along a line parallel with said Easterly line , 5.04 feetJ thence WesterlY at right ~n;les to said parallel line, iO.OO feetJ thence Northerly alon; a line parallel with said Easterly line of Lot 3; distance of 25.04 feetJ .thence EasterlY at right. angles to said last menti6ned parallel line, 150.00 feet to said Easterly line of Lot 31 thence Southerly along said Easterly line, 20.00 feet to',the point of beginnin; PARCEL 2: Beginning at a point on the EasterlY line of said L~t 3, distant NortherlY thereon 125.00 feet from the SoutheasterlY corner of said lot; thence Westerly at right angles to said Easterly line 140.00 feetJ thence Northerly along a line parallel with said Easterly line, 94.97 feetJ thence Easterly at right angles to said last mentioned parallel line, 140.00 feet to said Easterly UneJ thence Southerly thereon 94.97 feet to the point oof ' beginning , PARCEL 3: ' That portion of Lot 3, Tract 950, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded In book 17, page 25 of Haps, in the Office of the County Recorder of said County described as follows: Beg!nn!n~ at a polnt In the southerly 11ne Of sald Lot, Southwesterly thereon 141.75 feet from the Southwest corner of said Lot; thence North a distance of 237.11 feet more or less to a line extending West at right angles to the East line distant North thereon 214.93 feet from the Southeast corner of said lot; thence West along said last descr1bed line a distance of 40 feet to_~~.:__tle_s_t~!.n_e.._,~L~I1~_EaS~!r,!y_)80 __~e,~tu 9f _said -- -- --- . -- ..-.. ~ ..--- ._,-- lot, measured along toe North line thereof; thence South along said West line, a rtistance of 243.44 feet more or less to the Southerly line of said lot; thence Northeasterly along sala Southerly line a distance of 40.50 feet to the point of beginning EXCEPTING therefrom that portion of saia lot described as follows: Beginning at a point in the southerly line of said lot, distant Southwesterly 'thereon 141.75 feet frOm the Southeast corner'of said lot; thence North a distance of 147.18 more or less to a line extending West at rIght angles to the East line of said" lot, which passes thru a pOInt in said East line distant North thereon 125 feet from the Southeast corner Of said lot; thence West along said last described line, a distance Of 40 feet. to the West line of the EasterlY 180 feet of said lot; measured along the North line thereof; thence South along said West line, a dIstance of 153.51 f~et more or less to the Southerly 11ne Of said lot; thence NortheasterlY along the Southerly line a distance of 40.50 feet to the point of beginning , PARCEL 4: 86-1408857 map recorded in County Recorder A portion of Lot 3, Tract No. 950, as shown on book 17, page 25 of Haps, in the Office of the of said County described as follows: . Beginning at the Southeasterly corner of said Lot 3; thence NortherlY along the Westerly line of Santa' Anita Avenue a distance of 125 feet; thence at rIght angles westerlY a distance of 100 feet, thence southerly and parallel WIth the WesterlY' lIne of said Santa Anita Avenue to the Northerly line of Duarte Road, a distance of 140.84 feet; thence NortheasterlY along the 'NortherlY lIne of Duarte Road, a distance of 101.25 feet to the place of begInning.