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HomeMy WebLinkAboutD-2615 ..A AUG 1 9 2003 .... \ CllY OF ARCADIA ...... CITY CLERK This page is part of your document - DO NOT DISCARD ro31927626~ \... ' - ---- - --~----- . AECORDEo.1'lLEO IN OFFICIAL RECORDS RECOROER'S OFFice LOS ANGELES couN1Y CAL"ORNIA 8:21 AM JUL 07 2003 TITLE(S) : L ~ U JhVt7tmln,t Gm~Ahi ~q~o - C141i 4~ ~V\v.,> \)(~,e., A ~~ 1I1~11~11I~ 11m I ~ I~ LEA 0 SHE E T F~~ D.T.T FEE$ TCf Z OAF,$ ~ C-20 c:: CODE 20 CODE 19 CODE 9 Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. ... Number of Parcels Shown ITIIJ - ITIJ - ITIJ A THIS FORM NOT TO BE DUPLICATED UTI ... 1/ ..- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 ArcadIa, CA 91066-6021 03 192762e ~ > COVENANT AND AGREEMENT TO MAINTAIN SIX (6) FOOT TALL MASONRY WALL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, L & J INVESTMENT COMPANY, a partnership hereinafter referred to as "Covenantor", hereby represents and warrants that it is the owner ofthat certain real property located at 9950-9974 Las Tunas Drive in the City of Arcadia, County of Los Angeles, State of California, more particularly described in the attached legal description incorporated as part of this Covenant and Agreement as ExhIbit "A" ("Affected Land"). Covenantor hereby agrees and covenants WIth the City of Arcadia, a Municipal Corporation (heremafter 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. Covenantor agrees to repair and maintain in a good and first-class conditIon the six (6) foot tall masonry wall on the Affected Land between the parking area and the residentially zoned property to the south of the Affected Land in compliance with regulations of the City of Arcadia including, without limitatIon, the Arcadia Municipal Code (Sections 9263.5.1.1 thru 9263.5.2). Should the subject wall be in complete disrepair as determined by the City Manager ofthe City of Arcadia, or hislher designee, Covenantor hereby agrees to rebuild the wall m compliance with the regulations of the City of Arcadia including, without limitation, the Arcadia Municipal Code (Section 9269.13). 1 :3 2. If this Covenant and Agreement is breached by Covenantor or its successors or assigns, Covenantee is hereby authorized to bring an action in a court of competent jurisdiction to enforce this Covenant and Agreement. In the event of such legal action, Covenantor or its successors or assigns shall be liable for the reasonable attorneys fees of Covenantee, if Covenantee is the prevailing party. In addition to other remedies available by law to the Covenantee to enforce this Covenant and Agreement, if this Covenant and Agreement is breached, the City of Arcadia solely at its option, may revoke this Covenant and Agreement. 3. Covenantor agrees to notify its assigns and successors in interest in Affected Land of its Covenant and Agreement. . 4. This Covenant and Agreement is for the benefit ofthe 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 be binding upon the heirs, successors and assigns of the Covenantor, 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. [SIGNATURES ON NEXT PAGE] .' .' 2 03 1927626 l} IN WITNES S WHEREOF, Covenantor has executed this instrument on the date shown opposite Its signature. "COVENANTORS" L & J Investment Company, a partnership Signature flw~ dfnf/L.IIPL Print Na e p j<1 fbluf' fL- Title { Dated: <.5~ /'l--t!J ,2003 "COVENANTEE" City of Arcadia Dated: ~.w ,2003 J~ William R. Kelly City Manager APPROVED AS TO FORM: , ~r~ Stephen P. Deitsch City Attorney 03 1927626 3 7 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT Slate of California } County of Los ~/~S ss On ({Jail ~ . ,J 00.3 before rne. / 0.".. L personally appeared t1Ar Name(s)oISlgner(s) ~ersonallY known to rne o proved to rne on the basIs of satisfactory eVidence ~------------J @ CHRISOULA ST DENNIS CommiSSion. 1332481 ~. Notary Public, C81rfom'8 ~. j La. Angelo. County f MyCarm E>tpl.....NO\IJO.2005 --------------- to be the personjs{ whose narnejaf IS/afElo subscnbed to the Wlthm Instrument and acknowledged to rne Ihat heisRg'thoy executed the same In hlS/ocl'/tl.6u authonzed capacltYf+e<>l, and that by hlsihe,qRelT slgnaturejs1' on the Instrurnent the person,l.ol. or the entlly upon behalf of which the personj8)' acted, executed the Instrument OPTIONAL Though fhe mformatlon below 1$ not reqUired by law. It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of thiS form to another document Description of Attached Document Title or Type of Docurnent V }-, t1: {, ~ \1 ctSO'Yl ry W ~ "l'1 0- '17 l..D-<l ()Y1410 Document Date 2A D ::s Number of Pages I \.,.1\ Slgner(s) Other Than Named Above wU/I'(l,M R. kclJy) Ciy ~PA' Capacity(ies) Claimed by Signer Signer's Name _Lam y W07(J, e.\ I o Individual Top of thumb here o Corporate Officer - Title(s). "91i Partner - 0 limited ~ General o AttorneY-In-Fact o Trustee o Guardian or Conservator o Other Signer Is Representing J ~ :rIV1 V estl"Y\..Utf. (~. C 1999 Na~onal NotaryASlloclallOM' 9350 De SoloAvu. PO Box 2"'02' Chiltsworth, CA91313-2402' wwwM~onalnolllryOn;J Prod NO 5907 Reorder Call Toll-Free 1S00-S76-6ll27 03 1927626 ,G }<' // .' - EXHIBIT "A" Legal Description That portion of Lot 1 in Block "w" of Santa Anita Land Company's Tract, as per Map recorded in Book 6 Page 137 of Maps, in the office of the County Recorder of said County, described as follows: B~ginning at the intersection of the southerly line of Las Tunas Drive with the westerly line of Baldwin Avenue, as both were established by the final Decree of Condemnation entered in Case No. 269622, Superior Court of said County; a certlfied copy of whlch being recorded on August 18, 1933 as Instrument No. 354, in Book 12289 Page 277 of Official Records of sald County; thence along said southerly line of Las Tunas Drive, north 69036' 20" west 0.77 of a foot to the southeasterly terminus of a tangent curve thereIn, being a curve concave southwesterly and having a radlus of 450.0 feet; thence northwest- erly, along said curve, through a central angle of 1051 '21" an arc distance of 14.58 feet to the point of cusp with a compound curve concave southwesterly, having a radius of 25.00 feet, that is tangent at its southeasterly terminus to said westerly line of Baldwin Avenue, a radial line of said curves through said point of cusp bears north 18032' 19" east; thence southeasterly, along said curve having a radius of 25.00 feet, through a central angle of 62037' 41" an arc distance of 27.33 feet to said westerly line of Baldwin Avenue, thence along said westerly line, north 8050'00" west 14.92 feet to the point of beginning. EXtHla~DT "Ii" 03 1927626