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HomeMy WebLinkAboutD-2300 , . . . , -, . . . . ~' v , . Iy -. """ ~~T ,- 87 435796 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 3 N 1 I-FEE $9 ...-- I COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, PASTOR, SAINT PIUS V. APOSTOLATE OF CALIFORNIA, A CORPORATION SOLE, A/K/A OUR LADY OF THE ANGELS CHURCH OF THE PASTOR, SAINT PIUS V. APOSTOLATE OF CALIFORNIA, A CORPORATION SOLE, AND FATHER CHARLES P. DONAHUE, A SINGLE MAN hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain real property located at 1100 West Duarte Road, 1112 West Duarte Road and 1215 Temple City Boulevard in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: PARCEL 1: The west 63 feet of the east 185 feet of the North 114 feet of Lot 1, in Block "c" of Santa Anita Land Company's Tract, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 6, Page 137 of Maps in the office of the Los Angeles County Recorder. EXCEPT the northerly 12.00 feet, measured at right angles of the west 63.00 feet of the east 185.00 feet of Lot 1 in Block "C" of Santa Anita Land Company's 'rract, in the City of Arcadia, County of Los Angeles, State of California, as per Map recorded in Book 6, Page 137 of Maps, in the office of the County Recorder of said County. PARCEL 2: The east 185.00 feet of the norcn 155.00 feet of lot 1 in Block "C" of the Santa Anita Land Company's Tract, as per map recorded in Book 6, Page 137 of Maps in the office of the Los Angeles County Recorder. EXCEPT therefrom the west 63.00 feet of the north 114 feet of said land. PARCEL 3: The south 80.00 feet of the north 235.00 feet of the east 185.00 feet of Lot 1 in Block "C" of the Santa Anita Land Company's 'Tract, as per map recorded in Book 6, Page 137 of Maps in the office of the Los Angeles County Recorder. .. EXCEPT therefrom the east 10~00 feet of said land. 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 -:eferred 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: '-' RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 4. MIN, 8 I\,M. M"R 24 1987 I PAST, -.-- - ( , J .~ I t, ,~ ' ~ .J STATE OF CALIFORNIA COUNTY OF LOS ANGELES l ss, 87- 435796 On this 17th day of March, 1987; before me, the undersi9ned, a Notary Public in and for said State, personally appeared Monsignor Charles p, Donahue, Pastor and Corporate Sole, personally known to me or proved to me on the basis of satis- factory evidence to be the person whose name is subscribed to the within instrument as Pastor,Saint Pius V, Apostolate of California, A Corporation Sole, AKA Our Lady of the Angels Church of the Pastor, Saint Pius V, Apostolate of California, A Corporation Sole of said Corporation and acknowledged that he executed the same, WITNESS my hand and official seal, . OFFICIAL SEAL JUNE D ALFORD . NOTAIl'l' PUBLIC. CALlFORNIAj lDS AtlGE\.ES COUNTY My comm, expln!. DEt 21. 1990 ..... ~ 9~..,uj ~~ Notary bllC ~ ~ . " . ~ . . ,. ~ . t " > . \ > . .. " ~ 1, 2J 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 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 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. IN WITNESS WHEREOF, Covenantors have executed instrument on the date shown opposite their signatures. this "COVENANTORS" PASTOR, SAINT PIUS V. APOSTOLATE OF CALIFORNIA, A CORPORATION SOLE, A/K/A OUR LADY OF THE ANGELS CHURCH OF THE PASTOR, SAINT PIUS V. APOSTOLATE OF CALIFORNIA, A CORPORATION SOLE Dated:~7~#I/~ /~;:r-7 By MonsJ.gnor A Corpo astor Dated :~ J'r /W}1 By~~~.r:49~.o Fa er Charles P. Donahue a Single Man J "COVENANTEE" City of Arcadia Dated: ...3'-/[2-cf 7 APPROVED AS TO FORM: ?[1;fd tll~?fl~ 87- 435796 -2- City Attorney ~