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Home My WebLink AboutD-2586 11111'11111111'111111111111'11'11111111111111111111111111111 .L E'A D SHE E T \ ~o S" S - &~c!U9i \ ~ CII Y OF ARCADIA CITY Cl FRK r-- 01-1566147. r--- ------ - ---- , i I RECORDED~ILED IN OFFICIAL RECOR . RECORDER'S OFFICE :., LOS ANGELES COUNTY . . CALIFORNIA .. 8:04 AM AUG 23 200-1 NOV 1 ~ 20gi -, \ . \ , SPACE ABOVE THIS LINE FOR RECORDERS USE . "'- . TITLE(S) " I 6 \ (-----~-' -- ; CODE I , 20 I 1- {------ ! CODE I ' , 19 : I ---- -t-- -.---- , CODE I l 9-=_L_________ ....... I ' " I \ ';1 , I I c-.. I L i L_ _________~_ I 1 I I 1 ~ Assessor's Identification Number (AIN) To Be Completed By Examiner OR Title Company In Black Ink Number of Parcels Shown : '-T~T__-L]~_~T_l~~-luJ il_J . [IT] . THIS FORM IS NOT TO BE DUPLICATED "V RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 01-1566147 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (DETACHED STORAGE BUILDING) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, DINO CLARIZIO AND HOPE CLARIZIO, Husband Wife as Joint Tenants hereinafter referred to collectively as "Covenantors" hereby declare to be the owners of that certain real property located at 1505 S. Baldwin Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described in the attached Exhibit "A" incorporated as part of this Covenant and Agreement ("Affected Land). Covenantors 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 the Accessory Building (Detached Storage Building) located at the southwest corner of Affected Land, more particularly described in the attached Site Plan (Exhibit "B") shall not be used as office space, and shall only be used in conjunction with businesses occupying the main office building on subject property. 1 01 1566147 2. If this Covenant and Agreement is breached by Covenantors or their 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 actions, Covenantors or their successors or assigns shall be liable for the reasonable attorney's fees of Covenantee, if Covenantee is the prevailing party. That 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 may revoke this Agreement. ::; 3. Covenantors agree to notify their assigns and successors in interest in Affected Land of their Covenant and Agreement. 4. This Covenant and Agreement is for the benefit of the C0venanwe 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 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 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. 2 01 1566147 '1 IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated: 7/;5/0/ C/2 -:J Dino Clarizio Dated:!]d-iflL < "COVENANTEE" City of Arcadia Dated: tb1~ un~ William R. Kelly City Manager APPROVED AS TO FORM: " ~p,~ Step en P. Deitsch City Attorney 3 01 1566147 ? CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~ :">:"J " , , , State of California County of Los Angeles Michael T. Stockdale, notary public Name and Title Qf Officer (e 9 , "Jane Doe Notary Public") and Hope Clarizio Name(s)ofSlgnar(s) ~ personally known to me o proved to me on the basIs of satisfactory eVidence to be the person(s) whose name(s) .Iare subscribed to the within Instrument and acknowledged to me that I I _Ithey executed the same in Ill9i!I'Mr/thelr authorized capacltY(les), and that by ~/thelr slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument WITNESS my h1 and offic,al seal $i.'~a.. ~~ Signature of Notary Public Michael T. stockdale OPTIONAL Though the information below IS not reqUIred by law, It may prove valuable to persons relymg on the document and could prevent fraudulent removal and reattachment of this form to another document Number of Pages three " , , , " " , , On July 13, 2001 Dale , before me, None at time of signing. Capacity(ies) Claimed by Signer Signer's Name Dino Clarizio and Hope Clarizio o Ind,v,dual o Corporate Officer,- TItle(s) o Partner - 0 L,mlted 0 General o Attorney In Fact o Trustee o Guard,an or Conservator o Other Top of thumb here C 1900 NatlOl'lal Notary MllocIabon'935O De SoloAWt. PO Box 2402' ChalSWOrth, CA91313-2-402 '_Mllonalnotaryorll personally appeared Dino Clarizio Mlenaa' T Stockdale ~ Comm "147238 fARY PUBLIC CAllFOAH~ LOS ANGelES COUNT\' 0 Comm Exp o\ug 15 2001 .4 , , " I , " , , .Place Notary Seal Above " , , , , " , " , , , Description of Attached Document I Tille or Type of Documenl Covemant And Agreement Regarding Accessory Buildi g Document Date Jul y 13. 2001 S,gner(s) Other Than Named Above Signer Is Represent,ng c"' Prod No 5907 R!IOrderCalIToD-FIlNlI-1lOO-876-6827 , , , , " "'~ EXHIBIT A LEGAL DesCRIPTION THAT PORTION OF LOT I, IN BLOCK "0", 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 8 PAGE 137 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LYING EASTiRL Y OF THE EASTERLY LINE OF TH E WESTERLY 396 FEET OF SAID LOT 1. EXCEPT THEREFAOM THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT I, BLOCK "0"; THENCE WESTERLY 20 FEET ALONG THE SOUTHEAL Y LINE OF SAID LOT; THENCE NORTHEAL Y ALONG A UNE THAT IS PARALlEL WITH THE WESTERLY LINE OF SAID LOT TO THE NORTHERLY UNE c., SAID LOT; THENCE EASTERLY ALONG THE LAST MENTIONED UNE. 2B FEer. MOAEOA LESS, TO THE WESTEAL'( LINE OF BALDWIN AVENUE. 55 FEET WIOE; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID AVENUE TO THE POINT OF BEGINNING, ALSO EXCEPT THEREFROM THAT PORTION OF SAID DESCRIBEO LAND AS FOLLOWS: . THE WESTERLY 74 FEET IMEASURES ALONG THE SOUTHERLY LINE} OF THAT PORTION OF SAID LOT 1 IN BLOCK "0", LYING EASTERLY OF THE EAST LINE OF THE WESTERLY 396 FEET OF SAID LOT. TOGETHER WITH THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF THE SOUTHERLY 140 FEET (MEASURED ALONG THE WESTERLY UHEI OF SAID LOT. ALSO EXCEPT TfIEAEFAOM ALL MINERALS AND ALL OIL. GAS. AND OTHER HYDROCARBON SUBSTANCES. IN AND UNDER SAID LAND BELOW A DEPTH OF 500 FEET. WITHOUT THE AIGHT OF SURFACE ENTRY, AS 'RESERVED BY ATLANTIC RICHFIELD COMPANY, IN THE DEED RECORDED NOVEMBER 30. 1976 AS INSTRUMENT NO. 5621. EXHiBIT "A" i o ).. b I' --' f :j " llilillJ 9t"/IOllll"C 3~OJS ;;j 1I:i ."::n~"""",-,,....~ I~NI:";I:I ~vw & l~ IlIa 11 ............ 01-1566147 (J ~- J. $ , ; I --3n-;;~~;-~;~~;B-r!------------ I I ! \ . z <l --' IL ill t- <n I --' I :j I '" '0 z I ~s. :> til:! '" .~. u I 0:1 ~ =--=== .... - to - J: ~- >< W i~ t I ~---- -""I , (O-C~- _....,J " . ~_. ...... -" .'- II \ I: o , I . , 00 I " \! g! ~ I i, I II ,., 0 0 .p , " ! , 1 I l- _n :~rz- EXHIBIT "B"