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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
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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.
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All of which aforedescribed is hereinafter refe~red to~
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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:
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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.
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~ 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.
,
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, WITNESS-my hand and I al seal.
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Notary's Sign
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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
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86-1408857
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, ' ' ,
. 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.