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Home My WebLink AboutD-2549 -- --...I , , 99 0651548 / RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 FE 16 OAF $2 W' COVENANT AND AGREEMENT REGARDING EXISTING TWO-CAR GARAGE NCPF Code 19 $ FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, RICHARD L. BERNARDINI, an unmarried man, (Trustee of the Richard L. Bernardini Living Trust) hereinafter referred to collectively as "Covenantor", hereby declares to be the owner of that certain real property located at 205 W. Naomi Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: That portion of Lot 24 of Tract No. 10993, in the City of Arcadia, County of Los Angeles, State of California, as per Map recorded in Book 193, Pages 39 and 40 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point in the southerly line of said Lot 24, said point being north 89 58' 30" east 113.00 feet from the southwesterly corner of Lot 23 of said Tract No. 10993, thence north 00 01' 30" west 155.00 feet, thence north 8916' 34" east 77.04 feet, thence south 00 01' west 81.04 feet, to a point in the southerly line of said lot 24, thence along the southerly line of said Lot 24 south 89 58' 30" west 85.00 to the point of beginning. All of which is hereinafter referred to collectively as the "Affected Land" and incorporated as part of this Covenant and Agreement 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. That the Existing Two-Car Garage as shown on the attached Exhibit "A" shall be maintained as a two. car garage and shall not be converted to living area. "Maintained" shall mean the garage area shall always be usable and capable of utilization for the parking of two automobiles. 2. if {his Covenam and Agreement i~ breached-by.,Covcnantom-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 attorneys' 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. 1 /ll 99 0651548 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 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 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 afthe 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. IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTOR" Dated: I-I $>- 99 .I./~'!4~~. Richard L. Bernardini "\ rl.\Sw, "COVENANTEE" _UM1~ Dated: L el fI4 William R. Kelly City Manager APPROVED AS TO FORM: /r)~ It m]J2, ~el H. Mift'r City Attorney .......... ~ 2 I' , 99 0651548 q &AlZAbe. \ \ MAl N o Wf:.L.l.. I N & I ............. .................... .................... : .................... .................... .................... ~ #ff~lli~~ I~m~ml 4 ~os:> vJ, t-IAOMI EXHIBIT "A" N No-( 1'0 ':VIf.,!. 99 0651548 ~_..,/~~ ,t:/' NAME. TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC. ~L/~ NAME(S) OF SIGNER(S) . State of ,~~ ' County'of ~ ~~' On 1/;8' / f 9 before me, DATE persDnally appeared , ~ersonally 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 he/she/they executed the same in his/her/their authorized capacity(iesJ, 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. l-"-'-'~--""""''-'~-~ .._ Lynda L. Brown. r o Comm. '1095173 " o . NOTARY PUBLIC, CALlFllANlAl!( ~ LOS ANGELES COUNlY " I Comm, Exp, April 18, ~ l r______..".____ WITNESS my hand and official seal. ~~NA~~ - OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TiTLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the dOOJment o INDIVIDUAL o CORPORATE OFFICER(S) TITLE(Sr o PARTNER(S) 0 LIMITED D.GENERAL o ATTORNEY,IN.FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON{S) OR ENTITY(lES) NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not require>d by law, it could prevent fraudulent reanachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE .: ..... " " ..... ',' ~1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184' Canoga Park., CA 91309-7184 ~ ____~~~__, .__.___.____ .__ . __. _ ____.._____.____n_ _ , .... . ..... '.. . ...... .. ," I . / 99-0651548 "'\ r;" RECORIlED."ILEO IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CAUFORNIA 8:04 AM APR 15 1999 "--- / SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE TITLE(S) FEE N1A N/A 0 20 9_ 19 04 19 CODE REC, NO, NO PCOR D,A, SURVEY NOTIF, INVOL NON FEE PAGES TITLES FEE MON, LIEN CONF, S EXAMINER S INT, D Assessor S Identification Number (AIN) To Be CompleteCl By Examiner Or Title Company In Black Ink Number of Parcels Shown [II] . . ,0 Revision Number