HomeMy WebLinkAboutD-2106
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79-1090050 V}./Of,o
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk, City of Arcadia
P.O. Box 60, Arcadia, CA 91006
COVENANT AND AGREEMENT
REGARDING GUEST HOUSE
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 modification permit ~p'plication ~-~9~_
receipt of which is hereby acknowledged, MIKE-MELVIN MARIKIAN ana
EDITH ELAINE MARIKIAN; husband and wife, as to an undivided 1/2
interest and ROBERT M. MAYHEW,'an unmarried man, as to an undivided
1/2 interest," all as tenants in common, 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 1814 South ,
2econd Avenue, and legally described as follows:
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The South 91.25 feet of the North 230 feet of
Lot 105 of Arcadia Acreage Tract "as per map
recorded in book 10 pages 18 of maps in the
office of the county recorder of said county,
EXCEPT the Easterly 685.92 feet thereof
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 Ladd, 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:
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1. That the existing guest house on Affected Land shown on
the ploc plan for M-79-90 shall not be used as a separate dwelling,
shall not be rented, shall not be equipped with any kitchen facilities,
and shall be for the sole use of members of the family occupying
the main building on Affected Land.
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,
Covenantors 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 M-79-90
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 i ts.- 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 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 rem i . of this Covenant and Agreement.
RECORDEtl IN OFFICIAL
OF L08 ANQELES COUKfY, CA
2'1'~~ 1~ p.M. SEP 281979 \
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Recorder's Office
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'79-1090fJ50
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IN WITNESS WHEREOF, Covenantors and Covenantee have executed
this instrument on the date shown opposite their signatures.
"COVENANTORS"
LM; ~
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liJ. e He v~n ar~ ~an
SEP 13 1979
Dated
UP 18 1979
t~e. J4~
Edith Ela~ne Marikian
Da ted
Dated
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R~#: It!;h?!lrd~ .
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Thomas E. Mflls, President
Verdugo-Homestead Loan COil-"ul ~ ant;s, . Inc.
D9- ted
I SEP 13 1979
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"COVENANTEE"
City of Arcadia
Dated
1'- /;/-11
APPROVED AS TO FORM:
of Arcad~a.
79-1 (
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79-"0
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STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
On
September 10,
, 1979,
before me,
:JarDara S. Boss
a Notary Public, personally appeared
Thomas E. Mills
, known to me to be the
President
of the corporation that executed
the within instrument on behalf of the corporation
therein.
WITNESS my hand and official seal.
:.............................
: ~ OFFICIAL SEAL :
.. BARBARA S. BOSS .
: · '..' NOTARY PUBlIC,CAlIFORNIA :
. PRINCIPAL OFFICE IN .
: LOS ANGElES COUNTY :
. My Commission Expires January 18. 1980 .
.............................:
~.o. p -R, 130-a-0-
Signature
(Official Notarial Seal)
79-1090050
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STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this
6th
day of
July
, 19~, before me
Henry H. Hege' a Notary Public in and for
said County and State, residing therein, duly commissioned and
sworn, personally appeared Edith Elaine Marikian
known to me to be the person whose name is subscribed to the
within instrument, and acknowledged to me that she executed
the same.
WITNESS my hand and official seal.
8 -_....lIIJlIlI\fiJIw~I~'~ll
~. OFFICIAL SEAL
; . . HENRY H. HEGIl .
E u ~ -
I ~ a :.. NOTARY PUBLIC CALIFORNIA ~
.. ". PRINCIPAL OFFICE IN ~
",..~~.." LOS ANGELES COUNTY I
L~II~~~~!~'~~~I~JI'~'~}~I~i1I~I~'~~~:'~' I~,:'J" 1,~~1 ""wl'r'
,
(Official Notarial Seal)
79-1090050
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STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
On this 6th day of July , 19~, before me
Henry H. Hege' a Notary Public in and for
said County and State, residing therein, duly commissioned and
sworn, personally appeared Robert M. Mayhew
known to me to be the person whose name is subscribed to the
within instrument, and acknowledged to me that he executed
the same.
WITNESS my hand and official seal.
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OFFICIAL SEAL
, HENRY H. HEGl! I
. NOTARY PUBLIC CALIFORNIA ~
PRINCIPAL OFFICE IN 8
,,(,;o~~\~ LOS ~NGELES COUNTY ij
My Commission Expires October 17, 1981 ~
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(
(Official Notarial Seal)
79-1090050
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7
, 1
STATE OF CALIFORNIA )
I ss.
COUNTY OF LOS ANGELES )
On ~~.0?77 /.....~//) , 1979, before me, the undersigned,
a Notary Public in and for said County and State, personally appeared
Lyle W. Alberg, known to me to be the City Manager of the city of
Arcadia, a Municipal Corporation, the Corporation that executed the
within instrument on behalf of the Corporation herein named and
acknowledged to me that such Corporation executed the same.
WITNESS my hand and official seal.
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~. OFFICIAL SEAL ~
- VELMA BASS ~
'" . 0; NOTARY PUBLIC CALIFORNIA !
PRINCIPAL OFFICE IN 5
LOS ANGELES COUNTY 2
~ My CommIssion ExpIres Feb. 2, 1981 ~
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Y/..t"~_/-6'~
Notary Public
79-1090050
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