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HomeMy WebLinkAboutD-1148 '. ..... , ,:"l.O:lL'''~C ~cQUt:ir.:D BY t'.;;111 !;,'\A!!. tC 3489 ,,/ /' /I jI,!-j, '. , .~. J " /. , V l... ~ I 0':'. BI<M 856p~126 '! -. I , IJ ~"v', :1 - \ .Tidik~&I~~ DECLARATION OF COVENANT RICHARD H. JAHNS and FRANCES H. JAHNS, husband and -". t 1- " r;;;"t:1"3 c_ ,t .. '_ --- wife, hereafter referred to simply as "Declarants", hereby declare that they are the ovmers, as joint tenants, of that certain real prop- erty in the City of Arcadia, County of Los Angeles, State of Cali- fornia, described as follows: Lot 94 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 southerly 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 southerly thirty (30) feet of said Lot 94, 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 southerly 30 feet of Lot 94 of Tract No. 17853, per map recorded in Book 443, Pages 5, 6 and 7, of I'laps, Records of Los Angeles County, Declar- ants hereby further covenant and agree, for themselves, their heirs, successors and assigns, that such dedication will be made by De- clarants, their heirs, successors and assigns, whenever the City of Arcadia, by a vote of a majority of the members of the City -1- ~ ~ ~ '..... .~ -~.{ . State of Pennsylvania } ,J? County of Centre, S I: .. . ~ ;; , ~. ~~ \';:. '::'-~~:~:~~':-'" .:.' '; ~- ~ .,'" .. '1 ..... '.) ..,.. '\ i /- Si~,;'1:~:)'~) 1: " . " II ."...... I . < ; , . \ BKM 856~G128 Acknowledgment [Notary.] I,___M.:..r.lin_.L...._KaJJ,...(.!man.___________________. Prothonotary of the Court of Common Pleas of said'bounty of Centre, which is a Court of Record, having 8 common seal, being the officer au- thorized by the laws of the State of Pennsylvania to make the following certificate. Do Certify. That. ._r.l.i:: ~_<!!_~ _<!n J;._'n ~!.. ~_"'~ ~!..___ __nh h n _n_ _ hn n __ __ hn m___ _mEsquire, whose name is subscribed to the certificate of the acknowledgment of the annexed Instrument and thereon written, was at the time of such acknowledgment a NOTARY PUBLIC for the Common- wealth of Pennsylvania, residing inlthe county aforesaid, duly commissioned and qualified to ad- minister oaths and affirmation a.nd to take Acknowledgments and proofs of Deeds and Conveyances for lands, tenements a.nd hereditaments in said State of pennsylva.nia and to all whose acts, as sllch. full faith and credit are li.nd ought to be given, 88 well in Courts of Judicature as elsewhere, and that I am well acquainted with the handwriting of the said NOTARY PUBLIC aud verily be- lieve the signature thereto is genuine, and I further certify that the said Instrument is executed and acknowledged in conformity with the Laws of the State of Pennsylvania. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Court, this _-'h__12.t.h."__.nday of___.sapt...nhu_________n____in the year of our Lord one thousand nine hundred and.__9Jnnnm__n , -c.a ~dX~) ~ --n--~~-=~:-:---n----pro~~---p,.OlhonOlarY ,~ ........umuB8tOD RXpires Jl1zst .Mcmcia., in Jan.] 964 . .. . .... .' said City Council necessary for or desirable to the City of Arcadia, and that such dedication of aforesaid portion of Lot 94 shall be ~ '" :J: ex> U1 en "tl " - r-v --.j Council of the City of Arcadia entered upon its official minutes, determines that such dedication is in the absolute discretion of 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 94, by way of action for specific performance, condemna- tion 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- clarants and each of them, for themselves, their heirs, successors and assigns, do hereby waive any and all rights and claims to re- imbursement 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 City of Arcadia and is hereby express1y de~lared to be binding upon the heirs, successors and assigns of each of said Declarants. IN WITNESS WHEREOF, Declarants have executed the within Declaration of Covenant this It. 1-4 day of Sej7fe_.6e",., 1961. I ...::!Z I .', J f'E N," JL A:VIA STATE OF~, ~ ss COUNTY OF I;OS-A}.j:lJE1ES. C~NT~~ , J " On this -/~P day of ~~.if' -, 1961, before me, the undersigned, a Notary Public in and for said County and State, personally appeared RICHARD H. JAHNS and FRANCES H. JAHNS, known to me to be the persons whose names are subscribed to the within iDstrument and acknowledged that they executed the same. , . WITNESS my hand and official seal. .r (SEAL) My cOlnmission expires: M1lOW l Glll!ltR. IIllAllf PlIIUC sun COlltGt IOROUGII. ~~~ t,OIIIT,... If/ tllllill$SIOl (111AB J_. . ... ~ '7, '-,.'" ,.'r/.'A/VI~?- I /t.-~<%..G- , Notary Public in and for said County and State ~ ~ CO c.o , I , . , ( -2-