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HomeMy WebLinkAboutD-2362 P' 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 -I 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 '. ' n1"D1VII!1AL g J':;- . ,tI state ot Calitornia ~tyot L,4 ) ~ SSe , 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 .__ ])u..ntt-u}llv ,J ~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) . - ~tPP.P; Q.. ~n.~ ~ .- GI<.AClELIf GIMNEIe- , ) , ." , I " . OFFICIAL SEAL GRAOEtA GARNER " . NOTARY ,PUBLIC - CALIFORNIA , LOS ANGEtES COUNTY , My comm, expires MAR 17, 1992 1~ -. 88~ 495017 ~ j- . ;,/ " .,.... . / I \". 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 -2- 88';'; 495017