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HomeMy WebLinkAboutD-2281 ~ au ~"tJ' 'UtlJ RECORDED IN OFFICIAL RECORDs . RECORDER'S OFFICE LOS ANGELES COUNTY "'-. CAliFORNIA ' '11 MIN. 1986 ~JJ. PAST. 9 A.M. NOV 3 r RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 '1 FEE $7 11-.-1 FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, 2 II COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL THEODORE A. CHAPMAN, a married man hereinafter referred to collectively as "Covenantors" , hereby declares to be the owners of that certain real property located at 2424 S. Eighth Avenue in the City of Arcadia, County of Los Angeles, State of California, more specifically described as follows: PARCEL 1: Lot 5 of Tract 24122 in the City of Arcadia, as per map recorded in Book 630 Pages 54 and 55 of maps in the office of the Los Angeles County Recorder. PARCEL 2: That portion of land described in quitclaim Deed to Miller and Price Development Company, recorded in Book D2001, Page 956 of official records of said County, lying between the Easterly prolongation of the Northerly and Southerly lines of Lot 5 of Tract No. 24122, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 630, Pages 54 and 55 of Maps in the office of the Los Angeles County Recorder. 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 (hereinafte~ 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 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. I' 'I STATE OF CAL~O~JA COUNTY OF ~ On IX'TO/?'F}? ~EL.e:-S (J?J. /1r;{g , said State, personally appeared I' l SSe !& -1117703 ) ~ personally known to'me (or proved to me on the basis of satisfactory eVidence) to be the person(s) whose name(s) Is/are subscribed to th'e within Instrument and acknowledged ,. to me that helshelthey executed the same. f 9~ (ThiS area for official notarial seal) " .......... .... . . I..... ~... r I . .. 'I I . . . @ OfFICIAL SEAL :' . - Carolyn D. Neufeld t . Notary PUbhc-Callfornia . . Principal Office In Los Angeles County ..' My Comm, Exp. June 2. 1989 i .............................. - vi 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: (Jd; J.3. If8t - BYT~ ce~mq~d man "COVENANTEE" City of Arcadia Dated: /tl-o:'9-P( By ~R~~ Gj!"or . City Manager APPROVED AS TO FORM: ~/(,]!!tJ2 86-149'7703 City Attorney " ') , -2-