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-