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HomeMy WebLinkAboutD-2126 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: 80- ,426414" 1 1.,10 1>' '" eft;' r:lerk, City- of Mcadia P.O. Box 60, Arcadia, CA 91006 COVENANT AND AGREEMENT PROHIBITING CONVERSION TO COOPERATIVE MULTIPLE DWELLING I FEE $8 / 6 R I FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION in the form of modification of specified zOJing restrictions by the City of Arcadia granted by the approval of modification M-79-ll7 and Conditional Use. per~~.it.79-l4 ., receipt-'of which is hereby' -acknowled~ed, LOUIS J. MELE and JANE B. MELE - , Husband and Wife, hereinafter -r;;:fe:'r-red - to' collectively as "Covenantors," hereby declare they are the owners of that certain real property located in the City of Arcadia, County of Los Angeles, State of California commonly know~ &s 115 El Dorado Street , and legaliy described as follows: Lot 4, in Block 64 of Arcadia Santa Anita Tract, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 15 Pages 89 and 90 of Miscellaneous Records, in the office of the County Recorder of said County. RECORDED IN OFFICIAL RECORDS OF lOS ANGELES COUNTY, CA 4 ~ 8 A.IIt. APR 28,1980 Recorder's Office all of ,,'hich aforedescribed is hereinafter referred to collectively as the "Affected Land," 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 lando, 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: 1. That no attempt shall be made to convert Affected Land into a "cooperative multiple dwelling" as defined in the Arcadia Municipal Code, and if any such attempt is made, M-79-ll shall become null and void. 2. If this Covenant and Agreement is breached by Covenantors or their successors or assigns, Covenantee is hereby authorized to bring an action in a court of competent juris- diction to enforce this Covenant and Agreement. In the event of such legal actions, Covenantors or their successors or assigns shall be liable for the reasonable attorney's fees of Covenantee. ACA 4[80 C~ven~nt &.Agreement Prohibiting Cooperative Multiple Dwelling - 1 - ,~ 3. Covenantors agree to notify their assignees and successors in interest in Affected Land of this Covenant and Agreement. 4. This Cov.E.I;"nt' and' Agreement is for the benefit of t'he land of ;'nd" s'ha'll inure to 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, successo~s and assigns of the Covenantors, and may be released in writing by the Covenantee. 5. 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. 6. 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 and Covenantee have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated f- 2-/-go ~ Dated 4-2-/-g 0 " COVENANTEE" City of Arcadia Dated ..d/- 'P/ - Po B 80- 426414 , ,ACA 4/80 CqvenanL ,&.Agreement Prohibiting. Cooperative Multiple Dwelling - 2 - ~ STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 'd.,) ~\ day of Q~~ 1, before me, G;,\e\Ol\) \.rO. V\oo't€.- ,19"60 , a Notary Public in and for said County and State, personally appeared Jane B. Mele. an individual , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal. 80-= 426414 ~~ Notary Public (Official Notarial Seal 1";'~"'';''-'''''~---'"-~~;}~~t.riE~~"S=' -- GLENN W. MOORE ' ; 0> "':' NOTARY PUBLIC, CALIFORNIA " LOS ANGELES COUNTY " 'n>o>"'" My CommissIon ExpIres April 10. 1984 ~ -:-::..:. ~'~~=,:,":'-=~....~ ACA 10/79 Individual ( STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) w' Q01, ~ OO'<'Q -' , 19~O On this ~ \~\ before me, G \e (Jl\) day of , a Notary Public in and for said County and State, personally appeared Louis J. Mele, an individual , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. 80- 426414 Notary Public (Official Notarial Seal i::::=<;==' i'O" ":'i<: ===='~ m OFFICIAL SEAL ;'" . -. GLENN' W. MOORE c> . ' NOTARY PUBLIC, CALIfORNIA , ..' 0 LOS ANGELES COUNTY 19MY CommISSion ExpII" April 10, 1984 ~~ ~ ~~~-~-~~~~ ~~~~~ ACA 10/79 Individual 80~ y 426414 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a Munic~p~ 2~r~tion, by the deed, grant, conveyance or instrument dated ' , from or executed by LOll i" 1. Mel" and Jane B. Mele , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of Arcadia contained in Resolution No. 2963, adopted January 21, 1958, and recorded in the office of the Recorder of Los Angeles County on January 29, 1958, as instrument No. 3069 in Book 56448, Page 264, Official Records of Los Angeles County; and the City of Arcadia consents to the recordation thereof by its duly auth ze ficers. I... ~// Z,,~~ City Engineer is STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On April 21 19 80 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Lyle W. Alberg known to me to be the City Manager of the City of Arcadia, a Municipal Corporation, the Corporation that executed the within instrument on behalf of the Corporation herein named and acknowledged to me that such Corporation executed the same. WITNESS my hand and off~cial seal. 80-:: 426414 11"lllllllll11,lllllllllllllltlIIIIII1IIIIUIIIIIIlIIIIIIIIIIlllI"""""''''''''" ,'," 11 ~ OFFICIAL SEAL ~ ,~. VELMA BASS ~ -ib NOTARY PUBLIC CALIFORNIA ~ PRINCIPAL OfFICE IN ~. LOS ANGELES COUNTY _ g My CommissIon Expires Feb. 2, 1981 ~ mllllmmUlllllUllll1l11lUllllllllllllllUlllInmllllllllllllUllIllIllllllllllllllUU1IIIUUJIIIUJIIUufi' ~L'n.._J6~ Notary Public ACA 10/79 City Manager