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Home My WebLink AboutD-2171 . , . ~ RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA U ~~~ .1IJp.M.MAR 1019SJ3 R~CC?DI:;G REQl"ESED BY ASD ~HE~ RECORDED KETuK~ TO: City Clerk, Cit,' of Arcadia P.O. Box 60, Arcadia. CA 9l0Q6 COVE1~A!>;T AND AGI\EE~IE!n PROHIBITI1;G CONVERSIO~ TO COOPERATIVE NULTIPLE Dln:LLI:,G IFEE $8 I ~I $ @) FOR GOOD, VALUABLE A},"]) ADEQUATE CONSIDERATIO:l in the form of modification of specified zoning restrictions by the City of Arcadia gr.,nted by the approv.l.l of mod~f~cat~on M-83-12 ' , receipt of which is hereby acknowledged, Philip L. Magno and Lisa B. Magno , Husband collectively as "Covenantors," hereby declare they are proper tv located in the City of Arcadia, County of Los knO\,n a~ ' 33 Lucille Avenue as fol101....s: and lJi[c, hereinafter referred to the o\<.'11crs of that certain real Angeles, State of California co~~only . and legally described Lot 12, Block 2, Tract 101, in the City of Arcadia, as per map recorded in Book 13, Page 52 of Maps, in the office of the county recorder of said county, / ~ c~ 1'i} , ~~ ::J... ' .....-Q-: lD' ~~ ,- :<: ,- u ;.; 4J I ;::. :t:. - u' - .J z l 0' -j c; f "-' -I ~; u. " w' 0' all of which aforedescribed is hereinafter referred to collectively as the "Affeeted 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 land, 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 dwelll.ng" as defined 1.11 the Arcadia Nunicipal Code, and if any such attempt is made, M-83-12 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 brLTlg 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 r.ov""an.t &. 1.gree:nent prohibitin.g Ccoperative Multiple Dwelling - I - . 3. Affected Covenantors agree to notify their assignees and successors in interest in Land of this Covenant and A~reement. 4. This Covenant and Agreement is for the benef it of the Lmd of and shall inure to the bencf it of the Covenantee and its heirs, successors and assigns and ~s for the benefit of and shall inure to the benefit of all the Benefitted Land and the heirs, SUCCessors .:tnd assigns of the owners of the Benefitted Land, and this Covenant and Agre.cmcnt shall run with the land 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 Ilcnefitted Land, is hereby authorized to enforce tIle provisions of this Covenant and Agreement. 6. If .3ny section, subsection, sentence, clause, phrase or portion of this Covenant and Agreement is for any reason held to be invJlid 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 HITNESS HHEREOF, Covenantors and Covenantee have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated '2>Js/"t. '?J I I ~R~ Philip . Magno ~ Jl;W1zent) / .cq~ isa B .~ Magno (acknowledgment) "COVENANTEE" City of Arcadia " ,g;l~~ City Manager Dated ..3/5h.:3 . Dat~d ~kf3 83- 2706fii ACA 4/80 Covenant & Agreement Proh~biting Cooperative Multiple Dwelling - 2 - ., STATE OF CALIFORNIA 'J ) ss. COUNTY OF LOS ANGELES ) --d ~ / On this....!J day of //t'-t:lvz..e.;/'& ~i?~ ~ ;::fJd#~A' -) in and for said County and State, personally appeared ~~ (;( -%f!z<Yb&- person whose name is~ubscribed to the within instrument, and acknowledged to me that ~~ executed the same. 19 if ." I _~ before me, , a Notary Public , known to me to be the WITNESS my hand and official seal. ~;:S~~:ZJ ~otary Pub11C I (Official Notarial Seal) OFFICIAL seAL RUTH .J. PFEifFER NOTARY rUGLlC-CHliORNIA PRINCII/\L OFFice IN LOS Ar~GEL[S COUNTY Mv s.om"mISSlon ExpIres NO\l 16, 1984 ACA 10/79 Individual 83- 270685 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this sz;t day of ('--/fl&~cA before me, '#%z% c;;?>fk~,~,u (/ / in and for said County and State, personally appeared ---,-/< ^~/;?f' ;17/l1CUUC- ;/ person whose name is subscribed to the within instrument, .and , 19J~ , a Notary Public , known to me to be the acknowledged to me that .&..- executed the same. WITNESS my hand and official seal. -.........,.../ (Official Notarial Seal) OFFICIAL SE~L RUTH J PFEI ::FER .'l~.l' NOTARY PUBLlC.CALlror.r~I/\ PRINCIPAL OFFICE IN LOS ANGELES COUNTY Mv COmml'5'510n Expires No\! 16.1984 . ACA 10/79 Individual 83- 270685 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES O~P , 19?3 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared GEORGE J. WATTS, 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 official seal. d~2. Notary Public , - --'-~ - ~.. OFFICIAL SEAL . CHRISTINE VAN MAANEN 'i 0-.. ,,= NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNlY , -..," My comm. expIres JUN 27, 1983 -'-.~- 14Ow. HunllnilOn Drive, ""adia, CA 91006 83- 270685 ACA 6/82 City Manager 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 March 5, 1983 ' from or executed by Philip L. Magno and Llsa B. Magno , is hereby accepted by the Cit'y of Arcadi'a by the order or authorization of the City Council of the City of A!cadi~ 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 of Arcadia consents to the recordation thereof by its duly ~!~ The document thus described is hereby approved as to form.~ J.11~ Dated: -' - /0 ' ('1 (J TrJ~ty Attorney ?3-~7(Jt01 ACA /81