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HomeMy WebLinkAboutD-2310 ,. I 87 557230 RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNlY CAUFORNIA '1 MIN, 987 ~ PAST. 8 A,M. APR 10 1 I' " RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO : City Attorney City of Arcadia 240 W. Huntington Drive Arcadia, CA 91006 4 D/ I FEE $11 I COVENANT AND AGREEMENT NOT TO USE BASEMENT AREA FOR RETAIL SPACE FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, PASHAIE & SHOOSHANI, A GENERAL PARTNERSHIP DOING BUSINESS AS GOLDEN WEST PROPERTIES hereinafter referred to collectively as .Covenantors., hereby declares to be the owners of that certain real property located at 1201-1325 S. Baldwin Avenue and 748-752 Naiorni in the City of Arcadia, County of Los Angeles, State of California, Legally described as follows: PARCEL A: LOT 1 TO 23 INCLUSIVE, OF TRACT NO. 6925, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNI~, AS PER MAP RECORDED IN BOOK 74, PAGE 79 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: THOSE PORTIONS OF SANTA ANITA LAND COMPANY'S PUMPING PLANT NO. 1 TRACT, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGE 183 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: (A) LOT 3 OF SAID TRACT. (B) LOT 2 OF SAID TRACT. EXCEPT THE WESTERLY 244.77 FEET OF SAID LOT 2. PARCEL C: PARCEL 2 IN THE CITY OF ARCADIA, IN THE COUNTY OF LOS \ , \ ANGELES, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP 17248 FILED IN BOOK 184, PAGES 45 THROUGH 47 OF PARCEL MAPS IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER. all of which aforedescr ibed is hereinafter refer red to collectively as the "Affected Land". Covenantors 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. Subject to the rights of tenants under leases signed before the date hereof, the basement portions of the Affected Land shall not be leased for retail sale purposes until this Covenant is released or modified in writing by the City of Arcadia. Notwithstanding the foregoing, the basement portions of the Affected Land may be used for non-retail uses including storage of goods and merchandise. 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 the Covenant and Agreement. 87- 557230 -2- 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. "COVENANTORS" Dated: 'i (.2 / / , 1987 PASHAIE & SHOOSHANI, a General Partnership dba Golde West Properties ./ Dated: ~, 1987 By: "nH~ f:1I00SIIMII , General Partner . OJ vv...-- ~<( , By: f/ZJ'~ i/aA ~ PARVIZ ~g, Genera'I Partner "COVENANTEE" Dated: </-c;-8? , 1987 By: APPROVED AS TO FORM: ff),;!( (i,r;~ 87- 557230 City Attorney -3- STATE OF CALIFORNIA )SS. COUNTY OF LOS ANGELES) On cj --r , 1987 before me, the undersigned, a Notary Public in and for said State, personally appeared SAID SHOOSHANI, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature ~ -,..---.. ~J ..--,....l.ICt__~_._____..__ STATE OF CALIFORNIA )SS. COUNTY OF LOS ANGELES) On L1I(?t, 1987 before me, the undersigned, a Notary Public in and for said State, personally appeared PARVIZ PASHAIE, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. i), OFFiCIAL SE,\l , """ , MARY l. SAVillE ~ Notary Public-CalHorma , C. LOS ANGELES COUNTY .- ..' My Oomm. EXll. Mar. 24 1989 Signature ;:.:._.. WITNESS @)'OFFICIAlSEAl . ......,. MARY L. SAVilLE . Notary PtJblic-Calilornia · LOS ANGELES COUNTY . ' My Comm. EXl>. Mar. 24, 1989 87- 557230 -4-