Loading...
HomeMy WebLinkAboutD-2393 ~l- jUIUU-j B9 301009 .!...... ~": I ~ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 1 REcoRDED IN OFFICIAL RECORDS l~SECORDER'S OFFICE ANGELES COUNlY CALIFORNIA MIN. A p.M. PAST." . FEB 24 1989 COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL p FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt which is hereby acknowledged, 3 WESTERN MEDICAL SUPPLY INCORPORATED, A California Corporation !lereinaf ter referred to collectively as "Covenantors" , hereby declares to be the owners of that certain real property located at 117-129 E. Huntington Drive the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lots 5, 6, 7 and 8 in Block 75 of Arcadia Santa Anita Tract, as per map recorded in Book 15 Pages 89 and 90 of Miscellaneous Records, in the office of the Los Angeles County Recorder. Except the northerly 10 feet of the Southerly 15 feet of said land as conveyed to City of Arcadia, by deed recorded in Book 13646 Page 182, official records. Except the East 10 feet of said Lot 8. all of which aforedescribed is hereinafter referred to collectively as 'the "Affected Land" and is reflected in the attached map (Exhibit. "A" incorporated as part of the Covenant and Agreement 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: I. The Affected Land shall be held and developed as one parcel and no portion thereof shall be voluntarily or invo.:Luntarily 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, su'ccessors and assigns and is for the benefit of and shall inure tb t~e_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. CORPORATION AS A PAilTNER OP A PAR1'NERSHIP f,: '. , STA.'l'8 OP CALIPORNL\ ) ) ) 85. COONlY OF I"~ A . On rd-_ fl 1'1-/111 ,before IDe, tI1e underlisned, a IlOtarr publio in and tor said sta1lll perSonally appeared C;; c oRe:::. ~'~ p:'LoRA 1) U^ltA IAJ)lS. aDd ' perlollAlly kDovn to IDe or P'Qved to me on the basi. ~ sati.~a~tory ev1.dence) to be the person(l) 1d1o exeoutad the with1D illAtru- ID8Ilt al 'E/-!E.$/OEAI'''T and S e~R~ T.4~ -- on behalf 01' the co~rati01l therein IlalIIlld, said corporation beil1g perso lly known to IDe (or) proved to me on the, baeil 01' aa't1etactoJ'7 evidence) to be one of the partner. ' of II J3<:f:7 F~AI /JtcDIC~ L ~ PRL A. the partnership that executed the vi thin : instrUment. and aclalo1'lecl8ed to me that . corporation executed it '&8 a partner, and . that the partDerBh1p exeouted it. \ , W1'1'!iBSS IIl1 band and omoial leal (.eal) .....~ 1 t' .. I . . . . . . . . . . ... . . . ......... OFFICIAL SEAL : . JIM E, YOUNESSI : . !. Notary Public-California . Principal Office In I . Los Angeles County ,.. ,~...\,. My Comm. Exp. Dec. 15. 1989 · '~r~.""''''''''........-+-+'''''._. ~ ~ ~t-jl.JA L4-d4 U U 1/ -, ,~ t 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" WESTERN MEDICAL SUPPLY INCORPORATED A California Corporation Dated: By ~ President Dated~hj..; ~ / 9'i 7 ByVlvuv ~h~~~ Flora Dunaians, Secretary Dated: # ~;;/9~ "COVENANTEE" City of Arcadia ~~ By z G",6r,e J. W tts Clty Manager APPROVED AS TO FORM: 89--' 3Q1009 Micm~!Lr~ City Attorney \, . -2- ~ ~ j t:~ I" I ~ I t ,. L.' .. j; " " ;~.. L.., , " 1 . . . :.t... ..' , H i: ~:: <( I -, ('''~ " , '. (':-!J ..~ -.. .. ,to .. '. ,~ ~.. i'. ~ ~ " : U) I WHEELER (?rt o~ f"\. LOT.I I (J.) .. ~ ~ , f , ;1 '" c ~ D_ .' ~ . , .:, , , ~.. " ./- "., ",. '." ; , , , ~. . . . Sf ':,! I " ).( 1 . ,jI", .. ':'< I ~ ~ ~ \5 I I .. ~ , .. "01'. ~ :-..,," , e . " I .<1\ " , , I , , ;" ~ I I I , , . 7 . " ," ,j , ,." , , I ....' , \. .)_W_ .... u' i1 93;,0.41, 7 '" .' ,-.. ~.; ~ . ~~ -''O!\ ". , ~. ~ 11 13 ." i " . ,. <>; , 0 F , ,. , " ~ ~ '4 '" " ~ ,~ .:t ,~ ~ . 14'10'1 ~, ~-~:~. :~-....;" '.' II ,7 .' , .n."! p ,:....0...1 . ~ ~"' " 0,)' 5VOc~o " " . <l: ~ ,.0 ~'" <(;) cr.n::l . > " . I-""~ ~ un , . ;"!'i.:~ "'" -,- - -, - ~ '.I.,';" .. LTA 51 . . ~ -- '" ., U '" (;nJ .:::J. - ,.... ,,,., (41) ,- ..., ,- , r4U~Jt>4CI 1 10 1 R, ) H --:1.-", " I .. . " " f' '.'1 ,~ 77 '. " .. :~ . '" . I, ^ ,," '. 117-129 East Huntington Drive Exhibit A PlECORDER'S MEMO: POOR RECORD IS DUE TO QUA~ITY OF-')~lgINAL pQCUMENT 89- 301009:';