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HomeMy WebLinkAboutD-2488 .- I-' VI , (,l ~ H ,'>" . 93-1455933 I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY ~ CALIFORNIA .. ~1~T 8 A.M. JUL ~9 1993 CITY ATTORNEY CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 COVENANT AND AGREEMENT FOR RECIPROCAL PARKING LOT USE AND ACCESS IFEE $11 01 1 3 receipt of FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, which is hereby acknowledged, MICHAEL G. FORTANASCE hereinafter referred to as "Covenantor", hereby declares to be the owner of that certain real property located at 1320-1322 S. Baldwin Avenue and 673 Naomi Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: 1320-1322 S. Baldwin Avenue: Lot 4 (4) of Tract No. Four Thousand six Hundred and Eleven (4611) as per map recorded in Book 51, Page 82 of Maps, in the office of the Los Angeles County Recorder. EXCEPT the easterly ,fifty (50) feet of said lot. ALSO EXCEPT that portion of the southerly twenty-five (25) feet of said lot lying westerly of the westerly line of the easterly sixty (60) feet of said lot. 673 Naomi Avenue: The East 50 feet of Lot 4, Tract 4611, in the City of Arcadia, as per map recorded in Book 51, Page 82 of Maps in the office of the Los Angeles County Recorder. All of which is hereinafter referred to collectively as the "Affected Land" and is reflected in the attached map (Exhibit "A") incorporated as part of the 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: 1. That Affected Land shall share, maintain and utilize the mutual reciprocal parking lot use and parking lot access with full ingress and egress without interference within the "Affected Land" and no portion of said parking lot use and access shall be voluntarily or involuntarily sold, conveyed or assigned separately until released in writing by the City of Arcadia. Any attempt to sell, conveyor assign any portion of the Affected Land with less than full' and mutual reciprocal parking lot use and access shall be a nulli1O,y and of no effect and the Covenantee is hereby authorized ~ bring an action in a competent court to set aside and have declared null and void such attempted sale, conveyance, transaction or assignment. In the event of such legal actions, Covenantor or any successors or assigns shall be liable for the reasonable attorney's fees of Covenantee. i ,'l i , t ,If " State of California ) County OfoG, ~ ~ On ~ Cf"(, I 'f'ji before me, per nally appeared fYh c..k6. ~( 93 1455933 ~ I~O'1 L. ~ o,.u-'L- G, Fe rt<>.." 6.sc::.€... , personally ltnown to lIIe (OT pro'"ecl to lie 011 the basis of Ddlishclury &VidellCe) to be -the person{e) whose nameW islaM-subscribed to the within instrument and acknowledged to me that he/9hA/th..~ executed the same in his/her.'tb'i1ir authorized capacity(~, and that by his/her/their siqnature~ on the instrument the person'tst, or the entity upon behalf of whicb the person (-aT acted, executed the instrument. "'MESS "E ~'YJ'" Signature ~L.4~ ~ . . . . . . . C;~D~ i.: RowE' . t . COMM.'~ ~ :1/ IlClIAIIl PUBLlC.CWIllIlHIA ~ ... LOS ANGELES COUNTY ~ ~....... ~~~.:lf)i~~M~~~4.~~~ ~ , ,~ r \' ,. ,,' ... .' ~ 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 Covenantors. 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 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. II COVENANTORS II Dated: IDI::J-~ /V , . ~tlJ1~ ~ --Cl't'"-/1 Michae G. Fortanasce Donald R. Duckworth City Manager APPROVED AS TO FORM: ,93 1455933 rnJ! jJ m$ Michael H. Miller City Attorney '. + I 1'2 ' ;;/ \, q . '2S _ <ilo ",.1 ~ ~ . ~ ': ..--------;:: .L~3---r.r... ':::. ~ V \ ,I .., "r. iil 14 11 ,~~ '" '0'. i~ 15 ,'16....;: ,r ~~ 19,r.~ S5' ~} ~ 'OC) o . ~~ sf~Q '- .i ~. ~; := . 2: ;~ ~ - .., "" "'Z.83 ~~ 0 '1. .... ..J Xl 't" ~., -... .... -----.r..;--.....- I~ .. ;!J~ .- . :3s '" .:::, .a 175.46 -. . ' '2.'21."7'2 11\1.4' ill y~ \ '20c.,39 18 147.'1'1 .", 19 \I~14 ,.."E ~ o.~" "'\,) 1\.. , ~;:: W ~ __...Lt~-:7L...J_ "''' ~ ':!) ID.n > :;; TRACT NO., .II 0 Oi I.S' l'" ~ CPI ~ M,I.lu'..roo :"It -oJ . ,07 t\ <( ''/3 AU&Y 10 14 ,) ;:.~ ~-' '-'" ~~ ~~ 7 '.; "-91 i! '2 ~ ~____Ui.~___ 5 5 "." 1!,4 ISS.50 c., .3 55" NAOMI -'~ - 0\ .. .. .. - 3 7 f\ ~ 70 ~ '.1: (JD GoO I -;' " .'1 ;n~ .0'; "'c-. 1111\1 . .. '," {..... " ." ---: ~"" r , ", ,,' -. -. -'\ :. r '-. "':'- .' :,..tSJ .,.,' . 23S, " ", ',. 'n () 10' .. l:!. , '. ~ 1 ..'A .:~:l '.' '"..6 (erQ) , (6t1ilO) I:," (\1:,1 I "'il:ll ........ . L- a iZ <:, '''' ., .>~;" f ......I.CI l) C\J." .!:~ <C 0); ,~~ oM ~,.. 0::: "I1i!~ I .~ J-- ,n~ fir- 5 '&) -. C' ;",- 'V'"' ,'::':~''''< . .' '':- "'1: , .'. ~ ':'.; ;~1 .',.<;~ . ."-:-1: '--'1 . '.~.. . '. .-,tt:.'.' . I '.' '''l:~i' :-~.. .:~f~ (., . 'I";......:...;..;i.~ ,,: . -<jj()~~~ .'.'. :,,~':, AFFECTED LAND for Reciprocal Parking Lot Use and Access 1320 & 1322 S. Baldwin Avenue and 673 Naomi Avenue EXHIBIT "A" ,~ -;.~ W', 93 1455933