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City Clerk,City of Arcadio
P.O. Box 60, Arcadio, CA 91006
<21~ 531/33
RECORDED IN OFRCIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNlY
CALIFORNIA
}1 ~l~T. 1 P.M. MAY 28 1981
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
COVENANT AND AGREEMENT
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION in the form of L.S. 80-15 granted
JAMES D, GRODE AND BARBARA H. GRODE, husband and wife, hereinafter referred to collectively r i
as "Covenantors," receipt of which is hereby acknowledged, Covenantors hereby declare they are the ~ \)
owners of that certain real property located in the City of Arcadia, County of Los Angeles, State of I:. \
California commonly known as 36 W. Arthur Avenue and legally described as follows: 'V I
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The northerly 100 feet of the southerly 309.93 feet of the
westerly 94 feet of the easterly 518.38 feet of Lot 45,
Santa Anita Colony as recorded in Book 42, Page 87 of
Miscellaneous Records of Los Angeles County. (To become
Parcel 2 of Parcel Map No. 13387.)
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all of which aforedescribed is hereinafter referred to collectively os the "A ffected 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 lond, 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 land located within 500 feet of the
"Affected Land as follows:
I. To remove from Affected Land at Covenantors' cost, the driveway on Affected Land ollowed
by L.S. 80-15 which allows construction of a driveway apron and driveway in a portion of the future
street alignment of Arthur Avenue, in a manner approved by the Director of Public Works of the City of
Arcadia and to his satifaction, within sixty (60) days after receipt of written notice mailed to the
address of Affected land by the Director of Public Works of the City of Arcadia. Such notice will be
issued only if the City of Arcadia requires the use of said property south of the northerly property line
for whatever purpose.
'2. Covenantors hereby grant to the City of Arcadia the right of egress and ingress over
Affected Land in order to demolish and remove said driveway if the same has not been removed in
compliance with Paragraph I herein. In such event Covenantors shall reimburse the City of Arcadia for
all costs of demolition and removal of same and the cost of demolition and removal may be made a lien
against Affected Land if not paid within ten (10) days after written notice to do so mailed by the City to
the address of Affected Land.
3. If this Covenant ond Agreement is breached by Covenontors or their heirs, successors or
assigns, Covenantee is hereby outhorized to bring an action in a court ot competent jurisdiction to
enforce this Covenant and Agreement. In the event of such legal actions, Covenantors or their
successors or assigns sholl be liable for the reasonable ottorney's fees of Covenantee.
4. Covenantors agree to notify their assignees and successors in interest in Affected Land of
this Covenant and Agreement.
5. This Covenant and Agreement is for the benefi t of the lond of and sholl inure to the benefi t
of the Covenantee and its heirs, successors and ossigns 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 ossigns of the Covenantors, and may be released in writing by the Covenantee.
6. 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 pravisions of this
Covenant and Agreement.
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81-
531 '73:J.
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest 1n real property conveyed or transferred
to the City of Arcadia, a Municipal Corporation, by deed, grant, conveyance,
or instrument dated May 19, 1981 , from or executed by
James D. Grode and Barbara H. Grode
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 2963, adopted
, January 21, 1958, and recorded in the office of the Recorder of Loa 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 authorized officers.
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The document thus described is hereby approved as to form.
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STATE OF CAlIFORIIIA,
COUNTY OF
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OFFICIAL SEAL
MARILYN F FUHRER
NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY
My comrn. expires JUL 26, 1982
f so, 81- 531733
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before me, the undersigned, a Notary Public In and for said State, personally appeared
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known to me,
to be the person~ whose name_ I J <ubscribed to the within Instrument,
and acknowledged to me that ::z:h\lL. executed the same,
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7. If any section, subsection, sentence, clause, phrase or portion of this Covenant and
Agreement is for any reason held to be inval id 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:
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J ES D. GRODE
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BARBARA H. GRODE
Dated:
"COVENANTEE"
City of Arcadia
Dated:
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Acting City Manager
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