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Home My WebLink AboutD-2104 . '~. T , . . " , . . ~ , , , ~ t '~ .crt.V { Y JIOY -j 79-1056202 RECORDED IN omcw. RECORDS Of Ul6 AlCGELES COUH1Y. CA 4 ~~ 8 A.M. SEP 21 1979 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk, City of Arcadia P.O. Box 60, Arcadia, CA 91006 Recon:IW'I OffIce COVENANT AND AGREEMENT REGARDING GUEST HOUSE FEE $8 I 6 R I FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION in the form of modification of specified zoning restrictions by the City of Arcadia granted by the approval of variance V-79-1, receipt of which is here- by acknowledged, JOHN GIAKAS and VASILIKI GIAKAS, Husband and Wife, hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain real property located in the City of Arcadia, County of Los Angeles, State of California, commonly known as 1109 South First Avenue, and legally described as follows: , The South 69.375 feet of that part of Lot 6 of the Arcadia Acreage Tract, in the City of Arcadia, as per map recorded in Book 10, Page 18 of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the Northeast corner of said Lot 6; thence Westerly along the North line thereof, 283.94 feet; thence Southerly parallel to the West line of said lot, 138.75 feet; thence Easterly parallel to the South line thereof, 283.94 feet; thence North along the Easterly line of said lot, 138.75 feet to the point of beginning. EXCEPT the Easterly 30 feet thereof, conveyed to the City of Arcadia, for road purpcses, by deed dated October 1, 1914 recorded in Book 6197, Page 75 of Deeds, all of which aforedescribed is hereinafter referred to collectively as the "Affected Land", 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 con- tiguous 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 upon completion of a new front dwelling on affected land or by December 31, 1980, which occurs first, that the kitchen facili- ties will be removed from the rear dwelling to the satisfaction of the Planning Director of the City of Arcadia and thereafter said rear dwelling shall not be used as a separate dwelling. That said rear dwelling shall not be rented at any time. 2. If this Covenant and Agreement is breached by Covenantors 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, Covenant- ors or their successors or assigns shall be liable for the reasonable attorney's fees of Covenantee. 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 V-79-1. -1- , . ' , , . ) . . 1 , . . y 11 3. Covenantors agree to notify their assignees and successors in interest in Affected Land of this Covenant and Agreement. 4. This Covenant and Agreement is for the benefit of the land of and shall inure to 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 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 pro- visions 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 and Covenantee have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated r ~c( 7 ""( ~ ~fL,-R~ ~,~ Vasiliki Giakas DatedJ ~ c2!! 7r; "COVENANTEE" City of Arcadia . . SEP 13 1979 :"J Dated , W. Alberg Manager CONSENT AND SUBORDINATION TO THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS UPLAND SAVINGS AND LOAN ASSOCIATION, a California corporation, as holder of the beneficial interest under that certain Deed of Trust and Assignment of Rents (the "Deed of -2- 79-1U56202 , , < , , , < , ~, . . \ 1 . ~ J Trust"), made as of January 18, 1979, among JOHN GIAKAS and VASILIKI GIAKAS, Husband and wife as Trustors, and UPLAND GUARDIAN CORPORATION as Trustee, reco~ded January 26, 1979, as Instrument No. 79-112367, Los Angeles County Official Records, for and in consideration of the grant of the variance described in this Declaration of Covenants, Conditions and Restrictions, do each hereby (i) consent to the execu- tion and delivery by JOHN GIAKAS and VASILIKI GIAKAS, to the City of Arcadia of this Declaration of Covenants, Conditions and Restrictions, and (ii) covenant and agree that the interest of UPLAND SAVINGS AND LOAN ASSOCIATION in and to Property, described in this Declaration of Covenants, Conditions and Restrictions, shall be subject and subordi- nate to the Covenants, Conditions and Restrictions described in this Declaration and that said Covenants, Conditions and Restrictions shall be charges and encumbrances on aforesaid Property prior and superior to UPLAND SAVINGS AND LOAN'S interests in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. IN WITNESS WHEREOF, UPLAND SAVINGS AND LOAN ASSOCIATION has exe- cuted this Consent and Subordination to this Declaration of Covenants, Conditions and Restrictions on the date written below. Da ted : September 7, 1979 UPLAND SAVINGS AND LOAN ASSOCIATION, a Californ'a Corporation, (CORPORATE SEAL) & Secretary By It~L Ti tle (CORPORATE ACKNOWLEDGMENT) APPROVED AS TO FORM: . of Arcadia -3- 79-1056202 . ,. , . ;. ~ ,. ~ ' '. ( . 'I ! CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a Municipal Corporation, by the deed, grant, conveyance or instrument dated SePtember 13, 1979: . from or executed by John Giakas and Vasiliki Giakas , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of A!cadia contained in Resolution No. 2963, adopted January 21, 1958, and recorded in the office of the Recorder of Los Angeles County on January 29, 1958, as instrument No. 3069 in Book 56448, Page 264, Official Records of Los Angeles County; and the City of Arcadia consents to the recordation thereof by its duly authorized officers. ~J1~ City Engineer hereby approved as 79-1056202 Vice ;Ill'l:d Sec)'. W known to me to be the Presiden , and . known to me to be the Vice Pres. ~f the corporatIOn that executed the within Instrument, and known to me to be the p~r<;onc:; who executed the within m<;tru- men! on hehalf of the corporatJQn therem named, nod acknowl- edged 10 me thut <;uch corporation executed the <;ame, pur<;uanl to lie; hy law,>, or a re<>ohHlOn of lie:; Board of Dncctorc:;, WITNESS my ~.~~ officw~~1. ~ ~~ ~ / Signature ,tLt--. l' './ ~ Heler!M. wvett / ;~ of \ , z , 0 ;: . . 0 L . 0 0 'II . z . . . 0 . ^, J . 0 z . /,.~ ST ATE OF CALIFORNIA I COUNTY San Bernardino \ SS. On ,h" 7th d.y of September a Notary Public In Ilnd for said County and State, personally appeared \ Name (Typed or Printed) . 19-.li., before me, the underSigned, _ O=les L Milhiser Gregory Standlea 1JJf1I11Jnlllllllllllllrrntm",...."".."'rnullrrr.mllnrmllrllmJllllllnr'lIIDlllllurnml ~ OFFICiAl SEAL , "HElEN M. LOVETT _ ." NOTA~Y PUBlI::: CALIFORNIA ~ l;l PRI Cl, Al OFFICE IN S SAN a:::RNARDINO COUNTY i My CommISSion ExpIres bee :21, 1979 -~E ll'mfUIIIIIIHIII11U1I1nJ'I)lnrniftlrIl1II1UrllllullllllululIIIIIlUIIIltIHUlIlUlIIlllIlIIllUnuu.Ji 79-1056202 (Thlo"..,..",,,,.,...,, " , 'J < . < 't )- .. ~ 1. . ~ . 79-1056202 J STATE OF CALIFO~NIA COUNTY OF LOS ANGELES SS. On this :? g-t:il day of ~ t//ff , () 9/.~y a Notary 19 1t/ , before me 9 .P ..d A./ ./ said County (1~ Public in and for and State, residing therein, duly co~"issioned and sworn, personally appeared Vasiliki Giakas knovm to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that~ecuted the same. WITNESS my hand and official seal. {ft-AAA/~~ SJ.gnature (Official Notarial Seal) ~ OFFICIAL SEAL Jean Constance Flohr . NOTARY PUBLIC _ CALIfORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My CommissIon Expires Apnl ]9, 1981 of f ;' . '. ". . . , < . ,~ . . ~ < . . . . ,. f STATE OF CALIFO~~IA COUNTY OF LOS k~GELES SS. . On this of unt.//d, 1979 a Notary Public , before me ~n and for County and State, residing therein, duly comm~ssioned and sworn, personally appeared John Giakas knovm to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that ~executed the same. WITNESS my hand and official seal. rf~ f-Elf~fL~' Slgnature (Official Notarial Seal) Q OFFICIAL SEAL Jean Constance Flohr .. . NOTARY PUBUC - CAlIFO\lNIA PRINCIPAL OFfICE IN LOS AHGElES COUNTY' My Commission Explrn Apnl 19, 1981 79-1056202