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Home My WebLink AboutD-2598 . . \\\ ~ -" ,'-- Lo.- adw}_ 111111111111111111111111111111111111111111111111111111111111 LEAD SHEET , 02-1538400 ,........--~ - I RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CflLlFORNIA 9:21 AM JUL 08 2002 SPACE ABOVE THIS LINE FOR RECORDERS USE . . TITLE(S) FEE (OVf~OJIrl ~::Jtj;;~~~/"p -dY7~f~~: ~dz;- FEE $22 JJ WJ rl . D.T.T. I I I g~Jo$2 6 . /11/-1/11 [q (adel1k!Un~d I ,---- --.-.------- .-7-------h-----U.--- -; I L8fMO)_._________~ I , .. .---------- --_.~ I , . CODE, 20 CODE 19 CODE 9_ , , - - - - -----------~------- ---'-1 , , I I , ---+--- - ---~--------- __-----.-----l Assessor's Identification Number lAIN) To Be Completed By Examiner OR litle Company In Black Ink r --1----;.---; -, ~~~i -- ,-- i-- i-=[' -r--1--'i "_ .. ' 1. __ __ _ __, .. L__ _ _ L__. __....J Number of Parcels Shown l\ . .iTIJ L___ __ . J THIS FORM IS NOT TO BE DUPLICATED " ''0 02-1538400 ~' RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 '-- COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, VICTOR A. BRUNO, JR. AND ROSINE A. BRUNO, Trustees under the] 989 Bruno Family Trust, initially created on December 20, 1989 hereinafter referred to collectively as "Covenantors", hereby declare themselves to be the owners of certain real properties located at 1111-1117 La Cadena A venue 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: I. The Affected Land shall be held and developed as one parcel and no portion thereof shall be voluntarily or involuntarily sold, conveyed or assigned separately or legally divided until released in wTiting by the City of Arcadia. Any attempt to sell, conveyor assign less than the entire parcel shall be a nullity and of no effect and the Covenantee is hereby authorized to bring an action in a court of competent jurisdiction to set aside and have declared null and void such attempted sale, conveyance or assignment. In the event of such legal action, Covenantors or their successors or assigns shall be liable for the reasonable attorneys' fees of Covenantee. 1 j 02 1538400 J 2. This Covenant and Agreement is for the benefit of the 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 run with the land and shall be binding upon the heirs, successors and assigns of the Covenantor. 3. 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. 4. 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 decision shall not affect the validity of the remaining portions of this Covenant and Agreement. IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. [SIGNATURES ON NEXT PAGE] 2 Dated: mo.,! 'L""7- , 2002 Dated: {t)o.y 2-'2. ,2002 Dated: ~.." , 2002 APPROVED AS TO FORM: <;: ~~its~ City Attorney 02 1'5.18400 "COVENANTORS" ~/ . ~YI~ Victor A. Bruno, Trustee ~~ '" .?t1J' Rosme A. Bruno, Trustee "" "COVENANTEE" City of Arcadia, a Municipal Corporation ~ William R. Kelly City Manager 3 i' State of r a/,'for () ,'0... Co~nty of t...O'S A(l~1 c.:s On O~/')d /02.. before me, DATE personally appeared ) Vi~-I-/)r } Po...fn'v'o..;2., Ne.u../ I N'o-lo..ry fJv6l/~ NAME. TIltEOFOFACER- E.G, "JAHE DOE., NOTARYPUBUC"' A, !3ruflo, .::rr NAME(S) OF SIGNER(S) ~ personally known to me - OR - 0 proved to me on the basis of satisfactory eVidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that helshelthey executed the same In his/her/their authorized ~ capacity(ies), and that by his/he'r/their :', signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Je~-:E;~--J _ Con."~lIu,,.126Ol'<<I i No1ary PubIJc - CaIlfaTja f j Los Angeles County f _ _ _ _M(:a;m._~~l:~ WITNESS my hand and offiCial seal. A-hNA 'I< (}onr SIGNATURE OF NOTARY THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT' Though the data requestsd here IS not reqUIred by law, rt could prevent fraudulent reattachment of thIs form. OPTIONAL SECTION t TITLE OR TYPE OF DOCUMENT ~VUlo..ro '-I - OPTIONAL SECTION..... " C. CAPACITY CLAIMED BY SIGNER " "./ 1haugh ....... __ not I8qU!re tho ....a,y ID . fill In the data below. doing so may prove ~1D_l9iyIngonthodocusnont o INDIVIDUAL o CORPORATE OFFICER(S) mt.E(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT f2 TRUSTEE(S) o GUARDIAN/CONSERVATOR o or tiER: SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENTrTY(IES) NUMBER OF PAGES DATE OF DOCUMENT fYJo. y 22. u,07..- SIGN~R(S) OTHER THAN NAMED ABOVE 13:11993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave. POBox 7184. Canoga Park, CA 91309-7184 ~ 02 1538400 }' , Po...ln'u '0.. fl., N(!.I.-V. fIk-A.r't.vflu6h'<:.. DATE NAME, TTT1.E Of OFFlCER - E.G., "JANE DOE, NOT PUBUC" p~rsonallY appeared ) P-O$ ,hi.- A. !3ru()o NAME(S) OF S1GNER(S) State of (' .r>../ i -Fi>/" n " 0.. . ' CountyOL~:'i Aryyl.l5 onO~/'}-Jb-z.. before me, IZI personally known to me - OR - 0 proved to me on the basis of satisfactory eVidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that helshelthey executed ,the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. J~- ~~~,~~-I ~ 'flIJ Notary NllIe - c.A.,,,- j _ _ _ _Mf_c;n~~~f . . WITNESS my hand and official seal. jJakl'dl ~ ()QU/" SIGNATURE OF NOTARY THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the clata requested here I; not requIred by law, It could prevent fraudulent reattadlment of thIS form OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT Co Ve.lJo.n -f NUMBER OF PAGES '-I - OPTIONAL SECTION ..... CAPACITY CLAIMED BY SIGNER . 1haugh ....... -- not roquir8 tho NotiaY ID fill In the data below. doing so may provo ~"_roIyIngonthadocusnont o INDIVIDUAL o CORPORATE OFFICER(S) ~ TTTlE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT 1:81 TRUSTEE(s) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(Sl OR ENTITY(IES) DATE OF DOCUMENT 1770y 1.2" 'ZL;Io'2- SI~NER(S) OTHER THAN NAMED ABOVE Cl993 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAVf!. POBox 7184. Canoga Park. CA 91309-7184 ~ 02 1538400 . . EXIllBIT "A" 02 1538400 1 PARCELl: TIIOSE PORTIONS OF LOT 47 AND 48 OF TRACf NO, 3430 IN TIlE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 42 P AGE(S) 32, OF MAPS, AND THAT PORTION OF EL MOLINO AVENUE VACATED BY ORDINANCE 101, CITY OF ARCADIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT A POINT IN TIlE EAST LINE OF LAND CONVEYED TO TIIOMAS H, NORRlS, ETUX, BY DEED RECORDED IN BOOK 6987 PAGE 329, OFFICIAL RECORDS OF SAID COUNTY, DISTANT SOUTIffiRL Y TIIEREON 100 FEET FROM TIlE NORTIffiAST CORNER OF SAID LAND; TIlEN EASTERLY P ARAllBL wrm TIlE NORTII LINE OF SAID LOTS 47 AND 48, 167,06 FEET, MORE OR LESS, TO TIlE EAST LINE OF SAID VACATED PORTION OF EL MOLINO AVENUE; TIlENCE SOUTHERLY ALONG SAID EAST LINE 60 FEET; TIlENCE WESTERLY PARALLEL wrrn TIlE NORTII LINE OF SAID LOTS 48 AND 47, 167,06 FEET MORE OR LESS, TO SAID EAST LINE OF SAID LAND OF TIIOMAS H, NORRlS; 1HENCE NORTIlERL Y ALONG SAID EAST LINE 60 FEET TO TIlE POINT OF BEGINNING. PARCEL 2: TIIOSE PORTIONS OF LOT 48 OF TRACf NO, 3430, IN TIlE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALlFORNlA, AS PER MAP RECORDED IN BOOK 42 PAGE 32 OF MAPS, IN TIlE OFFICE OF TIlE COUNTY RECORDER OF SAID COUNTY AND OF LA CADENA AVENUE, FORMERLY EL MOLINO AVENUE, VACATED BY ORDINANCE NO, 101 OF SAID CITY, ADJOINING SAID LOT 48 - ON TIlE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING IN TIlE EAST LINE OF SAID PORTION OF SAID VACATED AVENUE AT TIlE SOUTHEAST CORNER OF LAND DESCRIBED IN DEED TO LESTER W, GILlEIT AND GRACE GILlEIT, RECORDED IN BOOK 13661 PAGE 340, OFFICIAL RECORDS OF SAID COUNTY BEING DISTANT SOUTIffiRL Y ALONG SAID EAST LINE 160 FEET, MORE OR LESS FROM TIlE EASTERLY PROLONGATION OF TIm NORTH LINE OF SAID LOT 48; 1HENCE WESTERLY P ARAUEL wrm SAID NORTII LINE OF SAID LOT 48, 102 FEET, MORE OR LESS, TO TIlE EAST LINE OF LAND DESCRIBED IN DEED TO MELVIN A, YODER AND AMANDA YODER RECORDED IN BOOK 14406 PAGE 329 OF SAID OFFICIAL RECORDS; TIlENCE SOUTIffiRL Y ALONG LAST MENTIONED EAST LINE 63,04 FEET, MORE OR LESS, TO TIlE SOUTHERLY LINE OF lAND DESCRIBED IN DOCUMENT RECORDED AS INSTRUMENT NO, 77-972239; TIlENCE EASTERLY ALONG LAST MENTIONED SOUTHERLY LINE 102,56 FEET, MORE OR LESS, TO ABOVE MENTIONED EAST LINE OF VACATED AVENUE; THENCE NORTHERLY ALONG LAST MENTIONED LINE 66,15 FEET, MORE OR LESS, TO TIlE POINT OF BEGINNING, EXHIBIT "A."