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HomeMy WebLinkAboutD-2493 f . u ....- ~'-J 'Lj' ..,' .' ,:' .~. <, , " " ).- CITY ATTORNEY OFFICE CITY OF ARCADIA 240 W. Huntington Drive Arcadia, CA 91006 94 835655. nS , ~~CORv OffICI"\.. C~ ~~co~ni~~~r8i~~\~~~~1'l ~94 \.0 C/'.\.\ fl.,~.\lII\'( 1- "'I~' & . <\ {l",S1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: I FEE $16 I 4 C 1 @) RECIPROCAL PARKING LOT AJIID COVENANT AND AGREEMENT TO HOLD.PARKING LOTS IN COMMON FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, STEPHEN M. LOJESKI, ELIZABETH J. LOJESKI, CHARLES WU, MING J. WU, MARSHA J. FIELDS, ARNOLD SUNSHINE AND ANN SUNSHINE hereinafter referred to collectively as "Covenantors", hereby declare to be the owners of that certain real properties known as 600 and 604 N. Santa Anita Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lot 18 of the Haven Tract, as per map recorded in Book 13, Pages 22 and 23 of Maps, in the office of the County Recorder of said county. Lot 19 of the Haven Tract, as per map recorded in Book 13, Pages 22 and 23 of Maps, in the office of' The County Reporder of said county: Reserving therefrom an easement for ingress and egress purposes over the easterly 65.00 feet of Lot 19 ,of the Haven Tract, as per map recorded in Book 13, Pages 22 and 23 of Maps, in the office of the County Recorder of said County. 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: 1. Covenantors hereby agree to be mutually responsible for the parking lot area being secured after business hours to prevent any unauthorized use of the parking lot, trash enclosure must be secured with solid metal gate, there shall not ever be any vehicular access across the northerly property line of 604 N. Santa Anita Avenue from the adjacent commercial development and that the landscaping and gn.rden waJ.l, along 1:1'11;> northerly' property line be maintained. 2. Covenantor as owner of Lot 18 hereby grants a non- exclusive easement for ingress and egress for parking lot purposes for the benefit of Lot 19 to be used in common with Lot 18. 3. Covenantor as owner of Lot 19 hereby grants a non- exclusive easement for ingress and egress for parking lot purposes for the benefit of Lot 18 to be used in common with Lot 19. 4. Covenantors hereby grant the City of Arcadia the right of egress and ingress over Affected Land in order to do any tasks as described in paragraph No. I above. Covenantors shall reimburse the City of Arcadia for all costs of maintenance or repair upon demand if Covenantors fail to do such work as requested by City. \ \ " " I / <oil' :\.4 '/ /~ // 5. This Covenant shall not be terminated or violated unless consent in writing is first obtained from the City of Arcadia. 1/ 6. Covenantors agree to hold the City of Arcadia harmless for any damage and to defend and indemnify Covenantee from any damages, losses, injuries and suits arising out of or related to this Covenant and Agreement. 7. This Covenant and Agreement is for the benefit of the parties to this Covenant and their 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. 8. Covenantors agree to notify their assignees and successors in interest in Affected Land of this Covenant and Agreement. 9. 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. "COVENANTORS" Dated: Fe/'. 7 / c,tf 'I ~6<.-/i/1-1. ~-'><JiJ( staph r1 M. Lojcskl r , Dated: a-~/f'f- oz/7h'/ , '2-- /~ / t L/ / Dated: Feb. 7 / r 9/ Dated: Dated: Dated: ,j(/f/l'1 Dated: (! r/ ~)L Dated: -? ~ 2 2-~~ ~ ~~I:ANTEEII APPROVED AS TO FORM: William R."Kelly Acting City-Manager ltd1 !Iu.r!l~ City Attorney . 94 835655 ) . " 94 835655 State of California ) ) County of &,<; I!II/{;aES ) ~( , I, c, , ' On F(?E .!) /'1QY personally a6peared before lie, HAfZ('o:s M<?,v!-l lhfol,?re<:, W", , personally known to lIIe (or proved to lie on the basil of satisfactory evidence) to be ~he person(s) whose name(s) is/are subscribe~ to the witbin instrument and acknowledged to lIIe that he/she/they executed the same in his/her/their authorized capacity(ies). aDd that by his/her/their signature(s) OD the instrument the person(s), or the entity upon behalf of which the e D(S) acte xecuted the instrument. , I@" "~.:.:' '1 ~ ,. COMM.~llXl f ~ . -,,; No\ary N>l\c-C<IIlfomla - z . LOS ANGELfS CQUNlY ~ ~ ~ . ~~or:"'~~~~ ~.l~J 94 835655 , y State of California ) County of LDS ~~~ On .fx0TLIA{i.I1..~e;11\t:j~l\ before 1I~a=J~fh 'i:~ ~/~<cr personally ap eared tylAt'Z..: . \ <;""Lb , personally known to lIIe (or proved to lie on the basis of satisfactory evidence) to be ~he person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they 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. WITNESS my hand and official seal. ~ _ OFFICI~"L SEAL TAMMEY BAZINET . 0 : NOTARY PUSLIC CALIFORNIA . &.. LOS ANGELES COUNTY ~ ; \ My Comm Exulros A.ug 20. '994 f.". ~~ ' 1 ~ . r .. Signature b' -, 0 ). 94 835655 State of California ) ) County of ~c~ ) l. : " On / //-;;r/~v personally /appeared bet ore lie, ~~~.d,n . ...-;:::::....,.../ / ,.;;;:-~~ ./ , ~""~~"IJ/~ ,g,YLJ ~7V~ ~J6'---'~A&~r- " -- , personally known to me (or proved to lie on the basi. of satisfactory evidence) to be ~he person(s) whose name(s) is/are subscribed to tbe within instrument and acknowledged to me that he/sbeithey executed the same in " his/her/their authorized capac1ty(1es). 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, exocuted the instrument. WITNESS my band and official seal. Signature~/ 7?~ .....--- ll@~~"":' SHARON L. GAAFAR II ~ .' , COMM, #1001424 III (j , .. . N01ARY PUBLIC - CALIfORNIA :.! Ul , . ORANGE COUN1Y 4 II . ...;." My Comm Expires Au" 19, 199711 " ~ 1l. E ~ 8' o ~ o B '0 o .Ii ii Ii: e- o o o Q I :~. l .' " , 94 835655 'll'" personally known to me (or 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 acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s) or the entity upon behalf of w' the IlI1IInmnumnllllllllllllllnll1m ~ oFFICIAL SEAL I ~ LL'ySffiE FREEMAN ~ (j) . NOTARY PUBLIC_CALIFORNIA WITN \i. PRINCIPAL OFFICE IN i .. LOS ANGELES CPUNTY Ii · , , E es July 15, 1994 . I M om mIsSIOn xp,r ."' ...,,,,,,,.... "",,,,,..",,, "'n....."'.......",,,I1,,..,.,,,... ."C (ThIS area for official notarial seaQ ~ " " 94 835655 State of California County of L.tJ:S f.J~ ) ) ) On /?e<6;J. /';9t) personallY appeared before lIle, IVJIA' fj <Z/fl;f, L&s H. IAf tJ wu \ , t personally knoVll to me (or proved to lie on the bash of satisfactory evidence) to be ~he person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their slgnature(s) on the instrulllent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .' WITNESS my hand OFFICIAL SEAL CHARLES WU NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY MY COMM. EXP. JUNE 5 199 Signature "