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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
AND
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RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CAUFORNIA
1 D~~~ 12 P.M.JAN 8 1988
~ FEE $9
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COVENANT AND AGREEMENT TO DEVELOP
AND HOLD PROPERTY AS ONE PARCEL
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
MICHAEL R. CUSHING AND JEANNETTE A. CUSHING, Husband and Wife
hereinafter referred to collectively as "Covenantors", hereby
declares to be the owners of that certain real property located
at 2527 Doolittle Avenue in the City of Arcadia, County of Los
Angeles, State of California, legally described as follows:
That portion of Lot 131 of the Arcadia Acreage
Tract in the City of Arcadia, as per map recorded
in Book lO, Page l8 of Haps, in the office of the
County Recorder of said County, described as
follows: Beginning at a point on the South line of
said Lot l3l, distant 586 feet Westerly from the
southeast corner thereof; thence Easterly along
said South line 586 feet to said Southeast corner;
thence Northerly along the East line of said lot, a
distance of 96.27 feet to the Southeast corner of
the tract of land conveyed in the deed from Perry
Mothershead and Wife, to Winston W. Wiseman, dated
October l4, 1924, recorded in Book 383l, Page 45 of
Official Records; thence Westerly along the
Southerly line of the land so conveyed to said
Wiseman, 554.16 feet to the Southwest corner
thereof; thence South l8" l8' West lOl.40 feet to
the point of beginning. EXCEPT that portion of
said land lying Easterly of the Northerly
prolongation of the Westerly line of Doolittle
Avenue 60 feet wide as shown on the map of Tract
No. 1609l, recorded in Book 358, Pages 1 to 3 of
Haps, records of Los Angeles County.
The Basterly 33 feet of that portion of Lot l3l,
Arcadia Acreage Tract, as shown on map filed in
Book lO, Page l8, of t1aps, in the office of the
Regiscrar-Recorder of the County of Los Angeles,
descr ibed in easement deed to Los Angeles County
Flood Countrol District, recorded in Book l7024,
Page 345, of Official Records, in the office of
said Registrar-Recorder.
all of which aforedescr ibed is hereinafter referred to
collectively as the "Affected Land'" hereby agree and covenant
with the City of Arcadia, a 11unicipal 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 ad jacent and cont iguous 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:
,1fIDIVII'81AL
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S'tate ot Calltorn1a
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Cmm'ty ot LOS ANGELES
l2-2l-87 I
. Oll . betore me, the undersigned, a notarT I'-1b110 121 and tor said
cOI:in'ty and state, persona.l.1:T appeared MICHAEL R. CUSHING AND JEANNETTE A. CUSHING
, . ,
Perso=1l:y known to me (or proved to me on the bas18 at SAtistactory evidence) to be the
parsonCs) whoee _(e) is/are aubsoribed to the within inBtrumentand aokDovledsod that
said peraon(s) executed the same. ---
,
~r.rNESS 'IJq hand andotficial seal
l
,(Seal)
. OFFICIAL SEAL
, ,lIRL YN Y,lILDEZ
. NOTARV PUSllc-cALIFORNIA
LDS ANGELES COUNTY
MY (OMM. EXP. JUNE 4, 1991
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ARL VALDEZ
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88~ 029164
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 attorneys' fees of
Covenantee.
2. This Covenant and Agreement is for 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 Ci ty of Arcad ia in its capac i ty 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"
Dated: IJJir'l
By ~AAA:J~, ~.
Ml ael R. Cushi'ng, usband
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Dated:
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Dated: -/-,-$c.if?
"COVENANTEE"
City of Arcadia
By,..~~4
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Clty Manager
APPROVED AS TO FORM:
"r[J,~ (~,JJ1~
City Attorney
88- 029164
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