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B9 301009
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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
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FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt
which is hereby acknowledged,
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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
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STA.'l'8 OP CALIPORNL\
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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.
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W1'1'!iBSS IIl1 band and omoial leal
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OFFICIAL SEAL :
. JIM E, YOUNESSI :
. !. Notary Public-California .
Principal Office In I
. Los Angeles County
,.. ,~...\,. My Comm. Exp. Dec. 15. 1989
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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
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President
Dated~hj..; ~ / 9'i 7
ByVlvuv ~h~~~
Flora Dunaians, Secretary
Dated: # ~;;/9~
"COVENANTEE"
City of Arcadia
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By z
G",6r,e J. W tts
Clty Manager
APPROVED AS TO FORM:
89--' 3Q1009
Micm~!Lr~
City Attorney
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117-129 East Huntington Drive
Exhibit A
PlECORDER'S MEMO:
POOR RECORD IS DUE TO
QUA~ITY OF-')~lgINAL pQCUMENT
89- 301009:';