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DECLARATION OF
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DURWARD L. ROBERTSON and ERCEL C. ROBERTSON, husband
and wife, hereafter referred to simply as 11 Declarants 11 , hereby
declare that they are the owners, as joint tenants, of that cer-
tain real property in the City of Arcadia, County of Los Angeles,
State of California, described as:
Lot 95 of Tract No. 17853, per map recorded
in Book 443, Pages 5, 6 and 7, of Maps,
Records of Los Angeles County.
In consideration of the termination and abandonment by
the City of Arcadia of the offer of dedication and the vacating
and the abandoning of that portion of Doshier Avenue offered for
dedication for a public street in, upon and over the northerly
portion of the property hereinbefore described, pursuant to the
California Streets and Highways Code, which offer of dedication
was made by the subdivision map of said Tract No. 17853 recorded
as aforesaid, Declarants hereby covenant and agree, for themselves,
their heirs, successors and assigns, that no building or structure
shall be erected or maintained on any portion of the northerly
thirty (30) feet of said Lot 95, and Declarants further offer,
covenant and agree, for themselves, their heirs, successors and
assigns, that they and each of them will, upon demand by the City
of Arcadia, dedicate to the City of Arcadia for public street and
road purposes, to be known as Doshier Avenue, the northerly 30
feet of Lot 95 of Tract No. 17853, per map recorded in Book 443,
Pages 5, 6 and 7, of Maps, Records of Los Angeles County, Declarants
hereby further covenant and agree, for themselves, their heirs,
successors and assigns, that such dedication will be made by Declar-
ants, their heirs, successors and assigns, whenever the City of
Arcadia, by a vote of a majority of the members of the City Council
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of the City of Arcadia entered upon its official minutes, deter-
mines that such dedication is in the absolute discretion of said
City Council necessary for or desirable to the City of Arcadia,
and that such dedication of aforesaid portion of Lot 9S shall be
made without cost to the City of Arcadia,
Declarants further covenant and agree, for themselves,
their heirs, successors and assigns, that in the event of legal
action to compel the dedication of the above described portion of
said Lot 95, by way of action for specific performance, condem-
nation or otherwise, Declarants, their heirs, successors and assigns,
shall be entitled to and shall receive no compensation whatsoever
by way of damages, severance damages, costs or otherwise, and De-
clararrts and each of them, for themselves, their heirs, successors
and assigns, do hereby waive any and all rights and claims to
reimburser.!ent for any reason as a result of any such dedication,
condemnation or otherwise.
The within Declaration of Covenant shall inure to the
benefit of, be enforceable by and may be released only by the Ci~
of Arcadia and is hereby expressly declared to be binding upon the
heirs, successors and assigns of each of said Declarants,
IN WITNESS vlliEREOF, Declarants have executed the within
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Declaration of Covenant this
STATE OF CALIFORNIA, ~
ss
COUNTY OF LOS ANGELES.
On this .::<. ~ day of A "'j v..s"1- , 1961, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared DURWARD L. ROBERTSON and ERCEL C. ROBERTSON,
knovm to me to be the persons whose names are subscribed to the
\':ithin instrument and acknowledged that they executed the same,
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W~TNESS my hand and official seal,
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lf~ c6~ssioncexpires:
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~.'iY'td;;'rtlSSION ExPIRES OECEMBER 9. 1963
Notary P lie in
County and
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