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AUG 1 9 2003 .... \
CllY OF ARCADIA ......
CITY CLERK
This page is part of your document - DO NOT DISCARD
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AECORDEo.1'lLEO IN OFFICIAL RECORDS
RECOROER'S OFFice
LOS ANGELES couN1Y
CAL"ORNIA
8:21 AM JUL 07 2003
TITLE(S) :
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CODE
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CODE
9
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink.
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Number of Parcels Shown
ITIIJ - ITIJ - ITIJ
A THIS FORM NOT TO BE DUPLICATED
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
P. O. Box 60021
ArcadIa, CA 91066-6021
03 192762e
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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).
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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]
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03 1927626
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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:
,
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Stephen P. Deitsch
City Attorney
03 1927626
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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
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@ CHRISOULA ST DENNIS
CommiSSion. 1332481
~. Notary Public, C81rfom'8 ~.
j La. Angelo. County f
MyCarm E>tpl.....NO\IJO.2005
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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
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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