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88
495017
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
H MIN. 9 AM APR II 1988
PAST. . ,
3 D 1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City af Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
1 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,
JOHN EDWARD DUNAWAY AND MARILYN LEE DUNAWAY, Husband and Wife
hereinafter referred to collectively as "Covenantors" , hereby
declares to be the owners of that certain real property located
at 2661 Foss Avenue in the City of Arcadia, County of Los
Angeles, State of California, legally described as follows:
Lot 60, of Tract 10691, ln the City of Arcadia,
County of Los Angeles, State of California, as per
map recorded in Book 358, Page 1 through 3
inclusive of Maps in the office of the County
Recorder. That portion of that part of Lot 129,
Arcadia Acreage Tract, as shown on map filed in
Book'lO, Page 18, of maps, in the office af the
Registrar-Recorder of the County of Los Angeles,
described in deed to Los Angeles County Flood
Control District, recorded in Book 50720, Page 371,
af Official Records, in the office of said
Regi strar-Recorder, bounded on the west by a 1 ine
parallel with and 34.5 feet easterly, measured at
right angles, from that line described in Parcel
No. 8B in a Final Judgment had in Superiar Court
Case No. 452,539, a certified copy of which is
recorded in Book 19445, Page 38, of said, Official
Records, as having a bearing and distance of S. 11
04' 22" W. 2504.56 feet; on the east by the
easterly line of said Parcel No. 88; on the north
by the westerly prolongatian of the northerly line
of Lot 60, Tract 10691, as shown on map filed in
Book 358, Page 1 to 3, inclusive, of said Maps; on
the south by the westerly prolongation of the
southerly line of said Lot 60.
all of which aforedescribed is hereinafter referred ta
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 aojacent 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. The Affected Land shalr 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 Cavenantee 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. Thi s 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
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. ,tI state ot Calitornia
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, On /4 nri /' 6'( J r '8 <l . betore me~ the undersigned, a DO publio 1n and tor odd
CO\U:l""t;"1ii4 state, personall.7 appeared JO~I\ E ]). 1la1Oa. a., . 'un L .__
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~r:I:''''.''T tn..~-'t; ma (or il:'Oveli to ll>e on the baeie of satiat'actol'7 endanee) to be the
person(s) whose _(e) ie/are subsoribed to the w1th1n instNment and aokDovled&od that
wd perso::1(s) executed the same. _______
llI'1'2mSS JIll/' band and ,offieial seal
:(Seal)
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GI<.AClELIf GIMNEIe-
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. OFFICIAL SEAL
GRAOEtA GARNER
" . NOTARY ,PUBLIC - CALIFORNIA
, LOS ANGEtES COUNTY
, My comm, expires MAR 17, 1992
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88~ 495017
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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 ar
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 portians of this Covenant and
Agreement.
IN WITNESS WHEREOF, Covenantors have executed
instrument on the date shown opposite their signatures.
this
"COVENANTORS"
Dated: t(-5-€-t'
}j
,
Dated: t../-:i'-ns
By~f~~
Marlly Lee Dunaway, Wlfe
"COVENANTEE"
City of Arcadia
Dated:-Y- C. g6
APPROVED AS TO FORM:
Ifld! 1/ ~
Michael H. Miller
City Attorney
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88';'; 495017