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HomeMy WebLinkAboutD-2348 ~..-.. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 AND - RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CAUFORNIA 1 D~~~ 12 P.M.JAN 8 1988 ~ FEE $9 .L :~l 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 j S'tate ot Calltorn1a I ) ~ SS. 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 cflr/{+ ARL VALDEZ " . 7~ . 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 ''" \ , Dated: J~k I b? , lfe Dated: -/-,-$c.if? "COVENANTEE" City of Arcadia By,..~~4 , / Clty Manager APPROVED AS TO FORM: "r[J,~ (~,JJ1~ City Attorney 88- 029164 . -2-