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HomeMy WebLinkAboutD-2342 'c " . ' ..UUOI.IIj RECORDING REQUESTED BY AND RECORDED IN OFFICIAL RECORDS WHEN RECORDED MAIL TO: , City Attorney RECORDER'S OFFICE City of Arcadia LOS ANGELES COUNTY 240 W. Huntington Dr. CALIFORNIA Arcadia, CA 91006 4 MIN. 8 A,M. NOV q 1987 PAST. ...... . I FEE $7 B COVENANT AND AGREEMENT TO DEVELOP I AND HOLD PROPERTY AS ONE PARCEL 2 I FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, JOSEPH GORDON ERPENBECK AND LAURAL ERPENBECK, Husband and Wife as Joint Tenants regarding Lot 28 AND LAURAL ERPENBECK, sole owner of Lot 27 hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain real property located at l34-l38 Bonita Street, in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lots 27 and 28, Block 65 of Arcadia Santa Anita Tract, as per map recorded in Book l5 Pages 89 and 90 of Miscellaneous Records 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: l. 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. ;, . ~. , -- ....-- INDIVImAL 'sute of Callfo1":a1a ) ,~ SSe "County ot Los Angeles , , OIl October )0, 1987 . before me, the undersigned, a XIOtarr pubUo in and tor aa1d c01.in1;y and state, personally appeared Joseph Gordon Er enbeck and Laural Er enbeck personall7 know.tl to me or proved to me on the basis ot 8lLtistactory evidence to be the person(s) 1oIhose name(s) is/are subsoribed to the 1dthin 1nstrument and aoknowlodsed that aa1d person(s) executed the aame. ___--- 'WITNESS fl'f1' hand andoftic1al seal ,(Seal) @' OFFICIAL SEAL , .' ':OSEPH A CAMUGNARO , !Do : NOtARY PUBLIC ~ CALIFORNIA Las ANGELES COUNlY My comm, .xplr.. JUN 26, 1988 , . 7~ r4TV,-. .. f" IN WITNESS WHEREOF, Covenantors have executed instrument on the date shown opposite their signatures. this "COVENANTORS" Dated: lD--:8o-cf7, By Husband J ~~,~.~~ aural Erpen eck, Wlfe Dated: /()-.3()-~7 "COVENANTEE" City of Arcadia Dated: //-.,?- F7 APPROVED AS TO FORM: Mio'0:!:ll~ City Attorney '87-1785854 , ,- , ; r . -2- " .