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HomeMy WebLinkAboutD-2181 .,. " UU-:: IUUU.-l.":I RECORDED IN OFFlClfll REC()_ RECORDER'S OffiCE LOS ANGELES COUmY CALIFORNIA _ \~83 8 A.M. JUI'l 29 1lJlt- MIN PAST R=:CORDI:~G REQlTESTEn BY A..~D \,'HE~, RECORDED RETUR:-l TO: City Clerk, City of Arcadia P.O. Box 60, Arcadia, CA 91006 ... COVENANT AND AGREEHENT PROHIBITING CO~~ERSION TO COOPERATIVE MULTIPLE DWELLING J FEE $8 r 5 D I FOR GOOD, VALUABLE AND ADEQUATE'CO:-lSIDERATION in the form of modification of specified zoning restrictions by the City of Arcadia granted by the approval of modification M-83-34 , receipt of which is hereby acl~owledged, Carmelo Galati and Aurelia Galati , Husband and Wife, hereinafter referred to collectl.vely as "Covenantors," hereby declare ,:they are the ov.'TIers of that certain real property located in the City of Arcadia, C6un'ty of Los Angeles, State of California cOl;unonly knol,n as "l302 Golden West 'Avenue AND' 9808 West Naomi Avenue;' and legally described as follQ\,'s: The Westerly 76 feet of the Northerly 118 feet of Lot 6, Block A of Santa Anita Land Company's Tract in the City of Arcadia, County of Los Angeles, State of California as per map recorded in Book 6, Page 137 of Maps, in the office of the County Recorder of said County. EXCEPT therefrom the Northerly 25 feet thereof, as conveyed to the County of Los Angeles for road purposes AND The Easterly 50 feet of the Westerly 126 feet of the Northerly 125 feet of Lot 6, Block A of Santa Anita Land Company's Tract in the City of Arcadia, County of Los Angeles, State of California as per map recorded in Book 6, Page 137 of Maps, in the office of the County Recorder of said County. EXCEPT the Northerly 25 feet of said 125 feet, conveyed to the County of Los Angeles for road purposes, _ all of which 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 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: L 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- 8 3- 3 4 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 brL~g 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~vertant & ~greement Prohibiting Cooperative Multiple Dwelling - 1 - ~ 3. Covcn3ntors agree to notify their Jssignees ~nd ~uccessors in interest in ~ffcct~d r~nd of ~!llS Cavcnant and A~rccment. I.. TIds COVen,ltlt and A~rec.mcnt 1s for the bencr it of the LInd of and shall inure to the bcn~( it of the Covcnnntcc and its heirs. successors anu assigns ;'lnd is for the beneiit of and shall inure to the benefit of .:111 the Benefitted La.nu and the heirs, successors and .:l~,<';H;ns of the owners of the Benefitted Land, and this Covenant and Agreement <;h,111 rUn ......ith the l.3nu and :.:;ha11 he binding upon the heirs, successors and assigns of the Covenantors, .:lnd ffi.:1Y be rclcascJ in writing by the Covenantee. 5. The Cl.ty of Arcadi<l in its capacity as Covenantee and in its .capacity as the leg.1.l rcprcscnt.:J.t ive of the residents o( the City of Arc.:ldia and more particularly as the. leg.J.l represent.J.tivc of all the owners of the Benefitted L<lnd, is hereby authorized to enforce the provi~ions of this Covenant and Agreement. 6. If any section, subsection, sentence, clause, phrase or portion of this Covenant and Agreement is for any re.1.son held to be invalid or unconstitutional by the decision of .1.ny court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Covenant and Agreement. IN HITNCSS HIlEREOF, Coven:lntors and Covenantee have executed this instrument on the date shown opposite their sign.1.tures. "COVENANTORS" D:lted /fly ~.I9r:3 aJ7~_~9avLr Carmelo G ati Dated /14Y /~/!!1 ()hUI/b, -ia tZa. Aurelia G ati Da ted s-:k;fr "COVENANTEE" City of Arcad ia "~~ C;eorge J. tts City Manager l' ./ RECORDER'S MEMO: /' PCXm RECORD IS DUE TO QUAUl:l ~ OOIGlNAL DOCUMENT 83- 733614 ~..~ ~ ACA 4/80 Coven:lnt & Agreement Prohibiting Cooperative Multiple Dwelling - 2 - ) STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this 10th day of May , 1983 before me, the undersigned , a Notary Public in and for said County and State, personally appeared Carmelo Galati and Aure1ia Ga1ati , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. '....... (Official Notarial Seal) OFF1C1AL SEAL BONNA-LEE RASMUSSEN NOTARY PUBLIC, CALIFORNIA LOS ANGELES COUNlY My comm, expire, APR 19, 1986 ACA lO/79 Individual 83- 733614 r , STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this lOth day of May , 1983 before me, - the undersigned , a Notary Public in and for said County and State, personally appeared Carmela Galati and Aurelia Galati , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that they. executed the same. WITNESS my hand and official seal. (Official Notarial Seal) OFFICIAL SEAL SONNA-LEE RASMUSSEN NOTARY PUBLIC. CALIFORNIA LOS ANGELES CDUNlY My comm. expires APR 19, 1986 ACA lO/79 Individual 83- 733614 ..Y STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On ~b If undersigned, a ~ota~~ Public in , before me, the and for said County and State, , 19 <1'1 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. ~/~~. Notary Public - ~ OFFICIAL SEAL ,.... . CHRISTINE VAN MAANEN ; (!l. : ri NOTARY PUBLIC - CALIFORNIA . LOS ANGElES COUNTI ,..;....;, My comm expIres ~UN 27. 19A3 ~"'~...~ l4Q W. HunNnatvn Drive, ArCo1dle, CA 91flO8 83- 733614 ACA 6/82 City Manager