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HomeMy WebLinkAboutD-2292 , "^fI'I 181050 { , .' .., RECORDING REQUESTED BY AND RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE WHEN RECORDED MAIL TO: LOS ANGELES COUNlY, , City Attorney CALIFORNIA - City of Arcadia MIN. 9 A.M. FE8 & 1981 240 W. Huntington Dr. 31 Arcadia, CA 91006 PAST. ~ COVENANT AND AGREEMENT TO DEVELOP I FEE $7 L AND HOLD PROPERTY AS ONE PARCEL l... I 2 FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, HERBERT HAWKINS CO., INC. hereinafter referred to collectively as "Covenantors", declares to be the owners of that certain real property at 13-17 Foothill Boulevard and 1115 Oakwood Drive in the Arcadia; County of Los Angeles; State of California, described as follows: ' hereby located City of legally Lots 9, 10 and 13 in Block 1 of Tract 4129, in the City of Arcadia, as per map recorded in Book 75, Pages 48 and 49 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 wi th 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 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 until released in writing by the City of Arcadia. Any attempt to sell, convey or 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 affected land 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 Coyenant 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. / I CORPORATE ACKNOWLEDGMENT ~ State of California } SS. County of Los Angeles .....~..- - ~ - <. '. .~. I ) 87.; 11181050 " j - te 0FFIClAL SEAL ....., I BENDER .. \Irk) Public-CalifornIa ~ It \NliELES ':;OUNTY . . Mr Amm Exp lunc 16 1889 ~=----~-~,--. 7120 122 NO. 202 Onthisthe22nddayof Januarv 19l1,beforeme. . .~.j!" V. Bender the undersigned Notary Public, personally appeared Preston Hawkins xx personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as President or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WlTNEssm~_ Notary's Signature NATIONAL NOTARV ASSOCIATION. 23012 Ventura Blvd. PO 80)( 4825 . Woodland Hills. CA 91364 '~ :I " , . .l . '. IN WITNESS WHEREOF, Covenantors have executed instrument on the date shown opposite their signatures. "COVENANTORS" Dated: / /z -V It'? HERBERT HAWKINS CO., INC. BY,ce,k:<4~", "COVENANTEE" City of Arcadia Dated: /-,;(3 - S7 'y ~ flf~ Geo ge J. j:l6t s City Manager APPROVED AS TO FORM: Mi~;Yl~ City Attorney .,. @ OFFICIAL SEAL . V BENDER Notary Publl~a1l1omla LOS ANGELES COUNTY II)' Comm, 1!Ip. Ju.. 16. 18119 -2- ." 87- 181050 ?/ this .ll . ,~'