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Home My WebLink AboutD-2128 (, ;\, rlf \ r, _::. -y REX:ORDER'S MEMO I hereby certify that this document is being re-recorded to show the name of the corporation over the signature of the officers on the subordination due to clerical error at the time of original recording.\:Rii-recording free due to '" - -- - clerical error-when recorded on April 10, 1980, at 8:04 'A.M. , as instrument nUmber ~364614 of Official Records. 80- 456733 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: \ RECORDED IN OFFICIAL RH;URDS "OF-LOS.ANGELES COUNTY CA . . MIN. ~~'''' .-'...- 4. PAST: 8 _A.M.:APR 10 1980 ~~. ....~ ~........,........ Recorder's Office "'- REE . 1 '() 1) J I ' ! -' ..'tsU- .3646'i4~ p~ ~....~......." , ~ City Clerk, City of Arcadia Y P.O. Box 60, Arcadia, CA 91006 tFE~~ur - . f)'-@) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION in the form of modification of specified zoning restJOictions by the City of Arcadia granted by the approval of modi- fication M-BO-3l, receipt of which is hereby acknowledged, ROBERT L. DORR and BARBARA T. DORR, 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 250 West Duarte Road, and legally described as follows: COVENANT AND AGREEMENT REGARDING GUEST HOUSE That portion of Lot 1 of Tract ,951 as per map recorded in Book 17 Page 28 of Maps, in the office of the County Recorder, described as follows: I '1 I i~1 [~ ~) BEGINNlNG at a point in the Northerly line of said Lot 1 distant North 810 00' 00" East thereon 1464.78 feet from the Northwesterly corner there- of; thence South 00 01' 30" East parallel with the Westerly line of said Lot 1, a distance of 421.01 feet; thence North 850 27' 36" East 100.31 feet to the Southwesterly corner of the parcels of land described in the Deed to ~~rp1d C. Johnson and wife, recorded in Book 12821 Page 380 of Official Records of said County; thence North 00 01' 30" West along the Westerly line of the land described in said Deed, 428.91 feet to said o NortheJ01y line of Lot 1; thence South 81 00' 00" West along said Northerly line, 101.24 feet to the point of beginning. ,.. ,:: til '-, ,.~ . l.J > .; ", , " j, i;.... :!I' /' ,I ./ II ", " :,1 ~ EXCEPT the~efrom the Southerly 200 feet measured along the East and West lines of said land. . , , ALSO EXCEPT THEREFROM THE NORTHERLY 12.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE NORTH LINE OF SAID LAND. , . . 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 (hereinafteJO 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. Th~t by March 25, 2000 the rear dwelling shall either be demolished or the kitchen facilities will be removed therefrom to the satisfaction of the Planning Director of the City of Arcadia and thereafter said rear dwelling shall not be rented or used as a separate dwelling. 2. If this Covenant and Agreement is breached by Covenantors or their successors or assigns, Covenantee is pereby authorized to bring an action in ~ 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-80-31. 3. Covenantors agree to notify their assignees and successors in interest in Affected Land of this Covenant and Agreement. -1- RECORDED IN OFF OF LOS ANGELa; IC'AL RECORDS COUNTY, CALIF. I ~i 1 P.M. MAY 6 1980 Registrar.Recorder " ) 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 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 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 4J~ /9?.::> &//22- . , Robert L. Dorr Da ted dpJ ..; /"lid 6~7VU'v v}()cM., Barbara T. Dorr "COVENANTEE" City of Arcadia Da ted p (. /9to B ( CONSENT AND SUBORDINATION TO THI~~~36~6~'JI. DECLARATION OF COVENANTS, OU . 'j' 1"1 CONDITIONS AND RESTRICTIONS ~'-. Crocker National Bank , I national banking apsociation, ,_ a ~f(~i{QI:~, as holder of the beneficial interest under that certain Deed of Trust and Assignment of Rents (the "Deed of Trust"), made as of June 29, 1979 , among ROBERT L. DORR and BARBARA T. DORR, Husband and Wife as Trustors, and Crocker Custody Corporation as Trustee, recorded July 3, 1979 , as Instrument No. 70-724848 Los Angeles County Official Records, for and in consideration of the grant of the vari~nce described in this Declaration of Covenants, Conditions and REstrictions, do each hereby (i) consent to the execution and delivery by ROBERT L. DOOR and BARBARA T. DORR, to the City of Arcadia of this Declaration of Covenants, Conditions and Restrictions, and (ii) covenant and agree that the interest of Crocker National Bank in and to Property, described in this -2- 80- 456733 ~ 'f Declaration of Covenants, Conditions and Restrictions, shall be subject and subordinate to the Covenants, Conditions and Restrictions described in this Declaration and that said Covenants, Conditions and Restrictions shall be charges and encumbrances on afore- said Property prior and superior to Crocker National Bank's interests in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. IN WITNESS WHEREOF, Crocker Nat~onal Bank has executed this Consent and Subordination to this Declaration of Covenants, Conditions and Restrictions on the date written below. Dated: Apr11 3. 1980 ~ROCKER NATIONAL BANK ~y D~~~':ge wan Officer Tit 1e - . .- . - - ... ~ 9 ;__ - (CORPORATE SEAL) f_.". By; A Z~- ,-' ~.j., ~ {-:-... ,,-c-- -Ti~- , ~~ . ~ '~ --- --cr" ,_ . .---_.....--- ~ -. ...-\ ,J (CORPORATE ACKNOWLEDGMENT) APPROVED AS TO FORM: of Arcadia ~~ ~ltG-t4~ -3- 80- 456733 '. Q 8~3l:i4674' j '" >-, STATE OF CALIFORNIA ss. COUNTY OF Ii~xlJIN~~ San Diego On April 3 , 19 80 ,before me, the undersigned , a Notary Public, personally appeared D. L. Martinson known to me to be the Mortgage Loan Officer assoc~ation of the ~~i~ that executed the within instrument on behalf of the corporation therein named and acknowledged to me that such association ~~ executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. ..... WITNESS my hand and official seal. 80-= .456733 ~. \ ~~l~ ry Public (Official Notarial Seal) ACA 10/79 Corporation ~~~~~~::-~~~~~:....-..-.._.... ~ OF.F;Ci"A~ StAal." - _..~ KATHY G. ANDERSON . , NOTARY PUBLIC, CALIFORNIA ~ Principal Olflce In San Diego County ~ My c.mml~:~;.~!.;.~~:~.~~~);:~j ~ . 36'~ ~. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this LJ day of ApRIL , 19 go, before me, , a Notary Public in and for said County and State, personally appeared Robert L. Dorr an individual , 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. OFFICIAL SEAL €I JOE E. EARLL, JR. ~ :" NOTARY PUBLIC - CALIFORNIA PRINCIPAL OfFICE IN ot' LOS ANGELES COUNTY My Commission Expires May 23, 1983 (Official Notarial Seal 80- 456733 ACA 10/79 Individual 1 ss. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this L( day of ~) ,19.2/), before me, , a Notary Public in and for said County and State, personally appeared Barbara T. Dorr. an individual , 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. fj OFFICIAL SEAL JOE E, EARLL JR & NOTARY PUBLIC _ CAL"FORN;A PRINCIPAL OFFICE IN ..".... '. LOS ANGELES COUNTY My CommIssIOn Expire5 May 23, 1983 (Official Notarial Seal --... 80- 456733 ACA 10/79 Individual ~ '---.. 8Jb--d36'4{i.~ STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On April 9 , 19 80 ,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 off~cial seal. 8) OFFICIAL SEAL CHRISTINE VAN MAANEN m., : NOTARY PUBLIC - CAllf="O~NrA LOS AHGEUS COUNlY . My comm. expires JUN 27, 1983 I - '""""" .4 240 W. H.nHnllOn Dr"". Arcadil. CA VloOs~ ACA 10/79 City Manager 80- 456733 ~ CERTIFICATE OF ACCEPTANCE 7' ! . This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a Municipal Corporation, by deed, grant, conveyance, or instrument dated April 4, 1980 , from or executec;l by Robert L. Dorr and Barbara T. Dorr is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of Arcadia contained in Resolution 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. ~t:(n~/(4 The is hereby approved 456733 Dated: April 9, 1980