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HomeMy WebLinkAboutD-2395 "t.": .r" . ....- - . ~.... D -:13 CJ.S I , RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 RECORDED IN OFFICIAL RECORDS RECORDERtS OFFICE ;~ LOS ANGELES COUNTY .~ CALIFORNIA 31 ~l~. 3 P.M. MAR 9 1989 COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL IFEE$ /7,oD FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, which is hereby acknowledged, receipt of 517 RONNIE LAM, a married man as his sole and separate property, hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that certain real property located at 333 E, Huntington Drive the City of Arcadia, County of Los Angeles, State of California, legally described in the attached Exhibit A incorporated as part of this Covenant all of which is hereinafter referred to collectively as the "Affected Land" and is reflected in the attached map (Exhibit "B" 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 involuntarily sold, conveyed or assigned seQarately 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 s'uch attempted sale, conveyence or assignment. In the event of such legal actions, Covenantors or their successors or assigns shall be liable for the reasonable attorneyst 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 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 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, nmIV'IIWL \ ~ty of 1-0'5 AN~~ lE6 , On" ~/,;).~ / S-q . before me: the undersigned, a I10tarr ~bl1o 1.11 and for said cOUnty an4 state, perso~ appeared _R ONNI{: L-r+1-1 . . , perso~ known to me (or proved to me on the basia of satiSfactory evidonoe) to be the person(s) 1olhose DaIII8(s) is/are subscribed to the within 1natrument and acknowle4sed that said person(a) executed the same. ..--"- ) ~ SSe ,I State of Ca.l1forn1a 'WI'rNESS Jtq band and ,oft1c1al aeal ,(Soa3.) . OFFICIAL SEAL, CHIIl-CHIANG LEE NOTARY PUBLIC. CAlIfORNl4 lOSANGELESCOUNTY MyCorrm. Ewp/fa ApI 11. 1992 e..hll-l-c; I(ltrtf LEG 71& ,. ~ 89~ 373519 , '. C1 .~ ". IN WITNESS WHEREOF, Covenantors have executed instrument on the date shown opposite their signatures. "COVENANTOR" Dated: '2 -22,gQ :i; 9~ Ron 'e Lam -- By .... "COVENANTEE" City of Arcadia Dated: 01-~3- ~1 By APPROVED AS TO FORM: Iri:!iA ~- City Attorney v this .', , , .' PARCEL 1: THAT PORTION OF LOT? IN BLOCK 84 OF THE SANTA ANITA TRACT, AS PER MAP RECORDED IN BOOK 34 PAGES 41 AND 42 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO FLORENCE D. CADWALLADER, RECORDED MARCH 19, 1951 AS INSTRUMENT NO. 1851; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LAND NORTH O. 00' 34" WEST 150.00 FEET TO THE NORTHEAST CORNER OF SAID LAND; THENCE CONTINUING NORTH O. 00' 34" WEST ON A PROLONGATION OF 120.00 FEET ALONG THAT CERTAIN COURSE IN THE EASTERLY BOUNDARY OF THE LAND DESCRIBED AS PARCEL 1 OF THE DEED OF CADWALLADER PACIFIC CO., RECORDED MARCH 18, 1951 AS INSTRUMENT NO. 2144: THENCE EASTERLY ALONG A LINE PARALLEL WITH AND DISTANT 270 FEET NORTHERLY FROM THE NORTHERLY LINE OF HUNTINGTON DRIVE, (100 FEET WIDE), TO A POINT IN THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO AMY D. PHILLIPS, RECORDED FEBRUARY 28, 1969 AS INSTRUMENT NO. 772; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO WALTER SEAWERT, RECORDED APRIL 28,.1949 AS INSTRUMENT NO. 593; ,THENC~ SOUTH O' 00' 20" WEST ALONG THE WESTERLY LINE OF SAID LAND 150.00 FEET TO A POINT ON THE NORTH LINE OF HUNTINGTON DRIVE. (100 FEET WIDE); THENCE NORTH 89' 59' 40" WEST ALONG SAID NORTH LINE 225.49 FEET TO THE POINT OF BEGINNING. PARCEL 2: THOSE PORTIONS OF LOTS 3 AND 4 IN BLOCK 84 OF THE SANTA ANITA TRACT. AS PER MAP RECORDED IN BOOK 34 PAGE 41 OF MISCELLANEOUS RECORDS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; , BEGINNING AT A POINT ON THE EASTERLY LINE OF TRACT NO. 6860, AS PER MAP RECORDED IN BOOK 78 PAGE 75 OF MAPS, RECORDS OF SAID COUNTY, DISTANT THEREON NORTH O. 00' 34" WEST 270 FEET FROM THE NORTHERLY LINE OF HUNTINGTON DRIVE, 100 FEET WIDE: THENCE NORTH O. 00' 34" WEST ALONG SAID EASTERLY LINE TO THE NORTHEA,ST CORNER OF LOT 24 OP SAID TRACT NO. 6860: , THENCE EASTERLY ALONG THE EASTERLY PROLONGATION OP THE NORTHERLY LINE OF SAID LOT 24 TO A POINT ON THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF LAND 100 FEET WIDE, DESCRIBED PIRST IN PARCEL NO. 12 IN THE FINAL ORDER OF CONDEMNATION ENTEREDI IN SUPERIOR COURT, LOS ANGELES COUNTY, CASE NO. 717171, A CERTIFIED COPY OP WHICH WAS RECORDED IN BOOK D1808 PAGE' 901, OFFICIAL RECORDS OF SAID COUNTY: THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED SOUTHWESTERLY LINE TO A POINT THAT IS 93.90 FEET NORTHWESTERLY EXHIBIT "A" 89- 373519 LEGAL ,DESCRIPTION CONTINUED... ~, .' (MEASURED ALONG LAST MENTIONED SOUTHWESTERLY LINE) FROM SAID NORTHERLY LINE OF HUNTINGTON DRIVE, 100 FEET WIDE; THENCE SOUTHEASTERLY IN A DIRECT LINE TO A POINT ON SAID LAST MENTIONED NORTHERLY LINE DISTANT EASTERLY THEREON 13.70 FEET FROM THE INTERSECTION WITH SAID SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN SAID HEREINABOVE MENTIONED PARCEL 12; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF SAID HUNTINGTON DRIVE, A DISTANCE OF 49.13 FEET MORE OR LESS TO THE INTERSECTION OF THE NORTHERLY LINE OF SAID HUNTINGTON DRIVE AND THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO BEN ZERELL ET AL., RECORDED IN BOOK 52030 PAGE 20. OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHEAST LINE NORTH 43' 48' 47" WEST 207.87 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED AS PARCEL 2 IN THAT CERTAIN DEED TO ROBERT J. LOW RECORDED ON JANUARY 13, 1978 AS INSTRUMENT NO. 78-49230, OFFICIAL RECORDS; THENCE ALONG THE NORTHEAST LINE OF SAID PARCEL 2 NORTH 50' 48' 27" WEST 209.67 FEET MORE OR LESS TO THE NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID PARCEL 2; THENCE ALONG THE WESTERLY LINE OF LAST SAID PARCEL, SOUTH 07' 00' 20" WEST TO A LINE WHICH IS PARALLEL WITH AND DISTANT 270 FEET NORTHERLY FROM THE NORTHERLY LINE OF HUNTINGTON DRIVE, 100 fEET WIDE; THENCE WESTERLY IN A DIRECT LINE TO THE POINT OF BEGINNING, eXCEPT THEREFROM THAT PORTION OF SAID LAND DEEDED TO THE ARCADIA REDEVELOPMENT AGENCY AS SET FORTH IN DEED RECORDED MARCH 25, 1987 AS INSTRUMENT NO. 87-447726, OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 3, BLOCK 84 OF THE SANTA ANITA TRACT, AS PER MAP RECORDED IN BOOK 34 PAGES 41 AND 42 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN LINE OF TRACT NO. 6860 AS RECORDED IN BOOK 78 PAGE 75 OF MAPS, RECORDS OF SAID COUNTY pISTANT THEREON NORTH 00' 02' 00" WEST 270 FEET FROM THE NORTHERLY LINE OF HUNTINGTON DRIVE, 100 FEET WIDE, BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00' 02' 00" WEST ALONG SAID EASTERLY LINE TO THE NORTHEAST CORNER OF LOT 24 OF SAID TRACT NO. 6860; THENCE EASTERLY ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 24, 61 FEET; THENCE PARALLEL WITH SAID EASTERLY LINE OF TRACT NO. 6860 SOUTH 00' 02' 00" EAST 190 FEET; THENCE WEST 61 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: THOSE PORTIONS OF LOTS 3 AND 4, IN BLOCK 84 OF THE SANTA ANITA TRACT, AS PER MAP RECORDED IN BOOK 34 PAGE 41 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: . . EXHIBIT "A" 89- 373519 LEGAL DESCRIPTION CONTINUED... ",- s. . aEGINNING AT THE INTERSECTION OF THE CENTERLINE OF HUNTINGTON DRIVE, 100 fEET WIDE. AS SHOWN ON MAP OF TRACT NO. 13640, AS PER MAP RECORDED IN BOOK ,. 289 PAGE 21 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WITH THE NORTHERLY PROLONGATION OF THE CENTERLINE OF THE EXISTING IMPROVEMENTS ON FOURTH AVENUE, AS SAID FOURTH AVENUE EXTENDS SOUTHERLY tROM SAID HUNTINGTON DRIVE, SAID INTERSECTION BEING DISTANT ALONG SAID CENTERLINE OF HUNTINGTON DRIVE, NORTH 89' 59' 40" WEST 426.51 FEET FROM THE CENTERLINE OF FIFTH AVENUE, 60 FEET WIDE, AS SHOWN ON SAID MAP OF TRACT NO. 13640; THENCE ALONG SAID CENTERLINE OF HUNTINGTON DRIVE, SOUTH 89' 59' ';0" EAST 0.50 OF A FOOT; THENCE NORTH 00' 00' 20" EAST 200 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH SAID HUNTINGTON DRIVE. SOUTH 89' 59' 40" EAST 162.50 FeET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN PARCEL 1 IN THE DEED TO WALTER SEAWERT, RECORDED APRIL 28, 1949 AS INSTRUMENT NO. 593, IN BOOK 29948 PAGE 378, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY IN A DIRECT LINE 209.67 FEET MORE OR LESS TO A POINT DISTANT NORTH 00' 20' EAST 132.50 FEET FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 00' 00' 20" WEST 132.50 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 4: THOSE PORTIONS OF LOTS 3 AND 4, IN BLOCK 84 OF THE SANTA ANITA TRACT, AS PER MAP RECORDED IN BOOK 34 PAGES 41 AND 42 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF HUNTINGTON DRIVE, 100 FEET WIDE, AS SHOWN ON MAP OF TRACT NO. 13640, AS PER MAP RECORDED IN BOOK 289, PAGES 21 AND 22 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER WITH THE NORTHERLY PROLONGATION OF THE CENTERLINE OF THE EXISTING IMPROVEMENTS ON FOURTH AVENUE, AS SAID FOURTH AVENUE EXTENDS SOUTHERLY FROM SAID HUNTINGTON DRIVE, SAID INTERSECTION BEING DISTANT ALONG SAI~ CENTERLINE OF HUNTINGTON DRIVE, NORTH 89' 59' 40" WEST 426.51 FEET FROM THE CENTERLINE OF FIFTH AVENUE, 60 FEET WIDE, AS SHOWN ON MAP OF SAID TRACT NO. 13640; THENCE ALONG SAID CENTERLINE OF HUNTINGTON DRIVE, SOUTH 89' 59' 40" EAST 0.50 OF A FOOT; THENCE NORTH 00' 00' 20" EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING IN THE SOUTHERLY LINE OF SAID LOT 3; THENCE CONTINUING NORTH 00',00' 20" EAST 170.00 FEET; THENCE SOUTH 89' 59' 40" EAST 162.50 FEET; THENCE SOUTH 00' 00' 20" WEST 1 70.00 FEET TO 'I'HE SOUTHERLY LINES OF SAID LOT 4: THENCE NORTH 89' 59' 40" WEST ALONG THE SOUTHERLY LINE OF SAID LOTS 4 AND 3, A DISTANCE OF 162.50 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 5: THAT PORTION OF LOT 4 IN BLOCK 84 OF THE SANTA ANITA TRACT, AS PER MAP RECORDED IN BOOK 34 PAGES 41 AND 42 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: EXHIBIT "A" 8!J- 373519 , " LEGAL DESCRIPTION CONTINUED... ~ . BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF HUNTINGTON DRIvE 100,00 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 13640, AS PER MAP RECORDED IN " BOOK 289, PAGES 21 AND 22 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THE NORTHERLY PROLONGATION OF THE CENTERLINE OF THE EXISTING IMPROVEMENTS ON 4TH AVENUE AS SAID 4TH AVENUE EXTENDS SOUTHEnL, FROM SAID HUNTINGTON DRIVE, SAID INTERSECTION BEING DISTANT ALONG SAID CENTERLINE OF HUNTINGTON DRIVE, NORTH 89. 59' 40" WEST 426.51 FEET FROM THE CENTERLINE OF 5TH AVENUE, 60 FEET WIDE, AS SHOWN ON THE MAP OF SAID TRACT NO. 13640; THENCE ALONG SAID CENTERLINE OF HUNTINGTON DRIVE, SOUTH 89' 59' 40" EAST 0.50 OF A FOOT; THENCE NORTH O' 00' '20" EAST 30.00 FEET TO A POINT IN THE SOUTHERLY LINE OF LOT 3 IN BLOCK 84 OF SAID SANTA ANITA TRACT; THENCE CONTINUING NORTH O. 00' 20" EAST 170.00 FEET; THENCE SOUTH 89' 59' 40" EAST 162.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING, SOUTH O. 00' 20" WEST 170.00 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 4; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 4, SOUTH 89. 59' 40" EAST TO ITS INTERSEC'rION WITH A STRAIGHT LINE EXTENDING SOUTHEASTERLY FROM THE TRUE POINT OF THIS DESCRIPTION, AND WHICH STRAIGHT LINE PASSES THRU A POINT IN THE NORTHERLY LINE OF SAID HUNTINGTON DRIVE THAT IS DISTANT EASTERLY MEASURED ALONG SAID NORTHERLY LINE 143.91 FEET FROM THE INTERSECTION OF SAID NORTHERLY LINE WITH THAT CERTAIN COURSE HEREINABOVE DESCRIBED AS HAVING A BEARING OF SOUTH O. 00' 20" WEST AND A LENGTH OF 170.00 FEET; THENCE NORTHWESTERLY ALONG SAID STRAIGHT LINE TO SAID TRUE POINT OF BEGIN~ING. EXHIBIT "A" 89- 373519 ;,. ,7 _--'1.,Q.]_ - ~- ----- - -- _...u:L~L,,__ - - - - - -- (.0 ,'" ..... ~ 32625 \ .. 104 70 41<00 -- I (5 ~ ~ ~-- - L~T k --- '2 17:,.iJ 43,6 ;0 '9 SI,~ I.LJ > ~ {3 ~ ~ gs ~~ ;0 ?!> ''2~ ?5" ~ , I~ ~ ,- ~ I ,( , , . 1.0 13t~ ~ I '15 75 '" (.,' k ~ \ \ \ \ ,,-' '0;. \'?s , \ \ l) /'. )\ 'OUi (?,,-,, 6~\~_--) ---<1: - <'''>", (Part \of ~ ~ LOT -4 \ LL.., . \ Jet \~., ~ ,I!'~ ""'. , ? .)) ... "..." , ,,'.r, ~... It. " ~ ~ ~ '" ~~ ' "1' 0$ )1.;2 "0 _ _", ",.", oS, 9274 I "0\'11' ~\ "! , ' "'( \) I, LI1 $'~ I ' ") ~~ ~ ~ ,... ~"'l: o ,;Jo' ~....\ c...) I~ >, ""'.. '~ ~, ~ 'q: lJ.J => Z lJ.J > <{ I t- u.. ~ ::: "'!1! r <<\ " ,... ~.... ,,,! ""'" N '" ~ ::.. ~ ~ ~ " - u.. HUNTINGTON DRIVE D.4 0 0 . " I EXHIBIT B 333 EAST HUNTINGTON DR. 89- 373519