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Home My WebLink AboutD-2138 - ....,...,vi......U 1)/)-1- RECOFDING REQUeSTED BY ,~~D WHEN RECORDED RETUfu~ TO: RECORDED IN 0 Of LOS ANGElE:fC/COIUAl RECORDS NTY, CALIf. I Min, 2 Past P. M. OCT 'l 1980 Reg/strar.Recorder City P,O. Clerk, City of Arcadia "'. Box ?O, Arcadia, CA 91006 COVENANT AND AGREEMENT PROHIBITING CONVERSION TO COOPERATIVE }mLTIPLE DWELLING I FEE $ 10. fJ() C I <& FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION in the form of modification of specified zoning restrictions by the City of Arcadia granted by the approval of Conditional Use Permit (C.U~P.) No. 80-3, receipt of which is hereby acknowledged, Frank Marrone and Marilyn Marrone, husband and wife, and Mike Di Filippo and ~ari1yn Di Filippo, husband and ",vife, hereinafter referred to collectively as "Covenantors", hereby declare they are the o\;ners of that certain real property located in the City of Arcadia, County of Los Angeles, Stace of California, commonly known as 146 Alice Street, and legally des- cribed as fo1low$: ~ .. ..." r" Lot 28 in Block 62 of a part of Arcadia Santa Anita Tract, in the City of Arcadia, in the County of Los Angeles, State of California, as per map recorded in Book 16, page 58 of Miscellaneous Records, in the office of the County Recorder of said County. ~ ~...._.~...~..;-", ~- '/:... ~ll of '..Jhic~ aforc.de.scr::"DQc. is here~nafter referred LO collectively as the lIAifected 12nd,1\ h~r~by ~grce ~nc COV2~~~t with the Clty or Arc2dla, a Municipal CorporcLlon (hereinafter rcrc:-:cd :'0 .J.S tnc "Cove;t..:!:1tcc") on behalf of and [or the benefit of the Covenante.ef s lard, ~nic~ is the p~blic street 3nd right-of-way 3djacent 3nd contiguous to th: Affected Land, ':'1G o~ bch.:llf of <lnu for the benefit of the "Benefitted Landll t.,'hich consists of and incluce.s all the ?ub1ic and priv,1~~ land located withii1 500 feet of the Affected L.:li1d as follO\;s: 1. T11"t no .:1ttc:~rt shall be I11.J.de to convert Affec.ted l...J.nd into a "cooper3tivc multiple c~:clli..;l:;1I .:J.S Jcl~lh.~d ~.l llt~ Arcadia Hunicip.:ll Code, and if .:lny such attempt is m3de, C.lT.P. nn ?'O-l ~b:\ 11 ::cco-,c null and voie. 2. If L~~l~ C~VUf13~t ~nd Agrcc~cnt is l1rcdchcd by Covenantors or their successors or 3S"i:.~ns, Ccv~n:.l1t..-c.c is hereby .:lut~1ori=e.d to brL-:g 3.n act~on in .J. court of competent j\..:ris- dict:o:1 Lo c.n:o:.-cc thi'i Covenant and i\grecment. . In the event of such legal actions, C'::'''~l.1n::,;:-::; c:.- ~~C.l: St..:.C:C2.5S0rS or assit;ns sh.111 ~e. li.J.blc. [or the. re.2.So::a~L2 .1ttcr:;c.y's fees of COVC~3n:cc. _\C:_~. ...;20 : ';':':'-.-:'~;:. .... _'.~::-ce_:;c.r:.t ?rO:1l:,~t::.n.b C':c~-~=:J::".c. :~'..;l:-:.?lc. ~..;el~:..r;s - 1 - ,- <, \ ( I \ , RECORDER'S MEMO: POOR RECORD IS DUE TO QUALllY OF ORIGINAL OOCUMEN1' \ _n '--- -~... j' 3. Covenantors agree to notify their assignees and successors in interest in ~[fected I~nd of this Covenant and Agreement. 4. This Covenant and Agreement is for the benefit of the land of and shall inure to the benefit of the Covenantee and its tleirs, successors and assigns and is for the benefit of and shall inure to the benefit of .,11 the Benditted Land and the heirs, successors and assigns of the owners of the Benefitted Land, and thLS Covenant and Agreement shall run with the LInd and shall be binding upon the heirs, successors 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 cI'forcc the. provision~ 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 \;ITNESS WHEREOF, Covenantors and Covenantee have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated 9- J-S--J-D ~/7&~ Frank Marrone Dated 9-~ )-~ ~/~~~~ Marilyn rrone Dated CJ - '- ~ - "l=?o ~ tt:? ;:?~"1 ~-n Mike Di Filippo Dated 9-.:<5"'-J'0 7n~ _A. q 'j:,_ ~ AlL<.. ~,p Marilyn Dt'Fi1ippo 80- 990128 "COVENANTEE" City of Arcadia Dated 9-.2 S'- (i) ACA 4/80 Covenant & Agreement Prohlbiting Cooperative Multiple Dwelling - 2 - STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 25th day of September , 1980 before me, P.J. Kav , a Notary Public in and for said County and State, personally appeared Frank Marrone, 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 off~cial seal. @...... - ""Ib' .lit: ~ ,~, . ~ <"o:..,~ OFFICIAL SEAL P.J, KAY NOTAftY PUBLIC - CAl1FOfl:NIA My CommISSion Expires 8-5.83 (Official Notarial Seal 80- 990128 ACA 10/79 Individual STATE OF CALIFORNIA ss. . COUNTY OF LOS ANGELES On this 25th day of September , 19 80 before me, P . J. Kay , a Notary Public in and for said County and State, personally appeared Marilyn Marrone , 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. ~., -. . . . -a' .- . 01." ". '" :M' OfFICIAL SEAL P. J. MY NOTARY !lUBtlC - CAUfORNIA My CommissIon Expires 8.5.!3 (Official Notarial Seal ACA 10/79 Individual 80- 990128 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 25th day of September , 1980 before me, P.J. Kav , a Notary Public in and for said County and State, personally appeared Mike Di Filippo, 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. $,,' '. . .'" . :,J., . ~'" :~.. OFFICIAL SEAL P.J. KAY ~/ Nary ublic NOf~RY PUBLIC. CALIFORNIA My COmmission E~pires 8.5.a3 (Official Notarial Seal ACA 10/79 Individual 80- 99012B STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 25th day of September , 1980 before me, P.J. Kay , a Notary Public in and for said County and State, personally appeared Marilyn Di Filippo, 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. @)_"OffIOALSEAL *. P. J. KAY . ... ,. NOTARY PUBLIC CALIfORNIA ~, " ...'~ My CommissIOn Expires 8-5.83 f)~/ 6(ot Public (Official Notarial Seal ACA 10/79 Individual 80- 990128 / STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On September 25, , 19 80 ,before me, the undersigned, a Notary Publlc 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 offlcial seal. ~ ~..... : 0 .: ~ ,~..,.. OFFICIAL SEAL CHRISTINE VAN MAAN"N NOTARY PUBLIC . CAlIFOR~~", LOS ANGElES COUNTY My comm. expires JUN 27, 193J ~- 240 W. Huntington Drive, Arcad;-;~O-06' .... P~4AA<l 2~ Notary Publlc ACA 10/79 City Manager 80- 990128 " ".i ..';;:_~~: l:..-_~~, ',.;.}. ;~-::' ;.:~~) ;l, , _~ :~"'__~~~,'> .'(r-;~''''';' ;, ...'rO';:".~;~ ,:,:->:::,~\~;1At~~'--y-':~".t- ~':~~~;":;::;A~\~~,;;~;g;~~~{):'~t.:.:h:~;~~; ':'fI~:'''' ~ ~:;",-;:.~ ~~}?r:f.-~~:1;""2--;:;,,:.,,".:'~':::t~:..,,: _ . d;?: ' ~ , -, . ',' ",' - - ~- -- >-,~- '....,.: :" .', (~~...~ ....,-.'=;..'<';.~,~':,::...- ~,,'.)..<;l;'- ~~' '''''-'''--._~'''r:-'--'-,-, .'_::.' " 80- 990128 CERTIFICATE OF ACCEPTANCE This is to certify that the interest ,in real property conveyed or transferred to the City of Arcadia, a Municipal Corporation, by the deed, grant, conveyance or instrument dated Seutember 25. 1980 , from or executed bYFr~nk M~rrnne. Marilvn Marrone, Mike Di Filippo, and ** ,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, 195B, 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 autho 'zed officers. ~ it J{tr~ City Engineer The document thus described is ** and Marilyn Di Filippo hereby approved ~rm. ~ ~ ~ttorteY , -