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93-1455933
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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.
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State of California )
County OfoG, ~ ~
On ~ Cf"(, I 'f'ji before me,
per nally appeared fYh c..k6. ~(
93 1455933
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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 ~
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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:
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Michae G. Fortanasce
Donald R. Duckworth
City Manager
APPROVED AS TO FORM:
,93 1455933
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Michael H. Miller
City Attorney
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AFFECTED LAND
for Reciprocal Parking Lot Use and Access
1320 & 1322 S. Baldwin Avenue and 673 Naomi Avenue
EXHIBIT "A"
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