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HomeMy WebLinkAboutD-2288 .. I ,L!.. ". , T -g$,' )~} fft 008100 l' ~'l- OO~IO.O RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 AND RECORDED IN OFFICIAL RECORDS RECORDE~'S OFFICE LOS ANGELES COUNTY CAI.IFORNIA I' MIN. Q Cl,(Y1 JAN 5 1987 l PAST. 0'" I COVENANT'ANU AGI{~t;Mt;NT TU Ut;Vt;LUP AND HOLD PROPERTY AS ONE PARCEL 'lFEE $7 rl r-- 1 2 FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, J. E. PLOUNT & COMPANY, INC., a California Corporation hereinafter referred to collectively as "Covenantors" , hereby declares to be the owners of that certain real property located at 115-117 Fano Street in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lot 4 and 5, Block 63 1/2, Tract 866, as per map recorded in Book 16, Pages 198 and 199 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 (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 and no portion thereof shall be voluntarily or involuntarily sold, conveyed or assigned separately or legally divided 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. ':' II a. s '" >- 2 C 0. '" o " W "2 20 C- "I- ",C ",'" zO _0. WeE ...0 1-<> ;: o " c ." ,i " 5T A TE OF CALIFORNIA } COUNTY OF Los Anqe 1 es 55, On this 1 qth day of December. in the year 1 q86 , before me, the undersigned, a Notary Public in and for said County and State. personally appeared John E. Plount personally known to me (lllllll<l)(lltlall~_~"'~_) to be the President. and . a. s '" Phi 1 A. Plount personally known to me (<ltll>l\K'll<l<~lSIl<ll1lI~~il\~Ifl~lS~ ~M to be Secretary of the corporation that executed the within Instrument. and acknowledged to me thai such corporation executed the within instru. menl pursuant to ~s or a resolulIon of its board of directors ~ Signature Carrie M. Lynch Name (Typed or Printed) Notary Public in and for said County and State 1-116 1/63 MAINE OfFICIA.l SEAL CARRIE M. LYNCH f. NOTARY PUBLIC CALlFORNI,/'. I'i PRINCIPAL OFFICE IN lOS ANGELES COUNT'( My CommIssIOn Exp. Aug. 10. 1990 (This area for official notarial seal) . ~' , . IN WITNESS WHEREOF, Covenantors have executed instrument on the date show opposite their signatures. "COVENANTORS" J. E. PLOUNT & COMPANY, INC. a California Corporation Dated: Dec:ember 19 19R6 Dated: December 19. 1986 BY~ Phl1 A. <!.~~ Plount, Secretary "COVENANTEE" City of Arcadia Dated: /.;?-;<9-J'C By APPROVED AS TO FORM: fJl~ /J MiYJ1~ City Attorney ~ . , . -2- 87-' 008100 ~ this