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HomeMy WebLinkAboutD-2132 l'ECORDnG REQUESTED BY AND --; imEN RECORDED RETURN TO: 'y ~, cii ~ ~i..' Ufw '.L~ r:Jty Clerk, City of Arcadia 1'.0. Box 60, Areadia, CA 91006 ~D , -./( )r~ IFEE$ IO~ Rl I 7 FOR GOOD, VALUABLE A~D ADEQUATE CONSIDERATION in the form of modification of speci- fied zoning restrictions by the City of Arcadia granted by the approval of modification M 80-57 , receipt of which is hereby acknowledged, Rodnev L. M. Williamson and Anna M. Williamson , Husband and Wife, hereinafter referred to collectively as "Covenantors," hereby declare they are the Q\,'D.ers of that certain real property located in the City of Arcadia, County of Los Angeles, State of California, ccn:nonly knc;;u as 1224 South ~,ayf10wer , and legally described as fo110;:s: COVENANT AND AGREEMENT REGARDING GUEST HOUSE The South 100 feet of the North 309.37 feet of Lot 32 of F. A. Geier Tract, as per map recorded in book 23 page 40 of mnps in the office of the county recorder of said county, the South line thereof being parallel with the North line of said Lot, except the Westerly 60 feet of said lot conveyed to the City of Arcadia, for public and highway purposes. ! 1 I ~ '.. " ... - " '0 -: ) '; ~, ;~) ~ 'c <- , . REJl;liJRDEO IN OFFICIAL RECORDS OF LOS ANGELES COUNTY. CA ~T 8 A.M. JUN 30 1980 - ., '. ~: <, " :i'~ 4: Recorder's OffiCII ~ .-J all of ,,'hich 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 Covena~teets 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" .hich consists of and i~c1udes all the public and private land located within 500 feet , of the Affected Land as follows: I' 1. That by April 22, 2000 the rear d"elling shall either be demolished 0r the kitchen facilities will be removed therefrom to the satisfaction of the Planning ilirector of the City of Arcadia and thereafter said rear dwelling shall not be rented lor used as a separate dwelling. 2. If this Covenant and Agrefment is breached by Covenantors or their successors lIt" assigns, Covenantee is hereby authorized to bring an action in a court of competent Jurisdication to enforce this Covenant and Agreement. In the event of such legal :'ctior..s, Covenantors or their successors or assigns shall be liable for the reasonable ..ltorney's fees of Covenantee. That in addition to other remedies available by law to I lie Covenantee to enforce this Covenant and Agreement, if this Covenant and Agreement I,; breached, the, City of Arcad ia may revoke M 80-57 3. Covenantors agree to notify their assignees and !Jf"cted Land of this Covenant and Agreement. successors in interest in I,',:A ~ /80 Covenant & Agreement Regarding Guest House , - 1 - ~ " '\\ 4) y 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 ben~fit of and shall inure to the benefit of all the Benefitted Land and th~ heirs, successors and assigns of the o"~ers 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 re?resentative of the r~sidents of the City of Arcadia and more particularly as the legal cepresentative of all the owners of the Benefitted Land, is hereby authorized to enforce the provisions of this Covenant and Agreement. 6. Covenant decision validity If any section, subsection, sentence, clause, phrase or portion of this and Agreement is for any reason held to be invalid or unconstitutional by the of any court of competent jurisdiction, such decisions shall not affect the of the remaining portions of this Covenant and Agreement. IN WITNESS WHEREOF, Covenantors and Covenantee have executed this instrument on the date sho"~ opposite their signatures. "COVENANTORS" Dated Jvrn~ 2.4, /1 ~tY' f?~./~ <" 1J? ~ .~~- - Rodney L. . Williamson Dated qA~~ t1 ;( ,/, 19PO I ~ '/JI. uI-~ Anha M. Williamson "COVENANTEE" City of Arcadia r ~y. /9.f<J I ./ Da ted BO~ 627192 ACA 4/80 Covenant & Agreement Regarding Guest House - 2 - .1 'On June 18, 1980 before me, the undersigned, a Notary Pubhc in and for said State, personally appeared B. Marion Webb known to me to be the Assistant Vice President, and Patti A. Murph known to me to be Ass It. Vice Pr~&~of the corporation that executed the within Instrument, known to me to be the person9 who executed the wIthm t Instrument on behalf of the corporation therem named, and _~____~____ _ - _ ~_---- - _ -~N acknowledged to me that sucb corpOratIOn executed the wlthm Inslrument pursuant to Its hy-Iaws Or a resolution of its board of directors (Corporation) pATE OF CALIFORNIA COUNTY OF San Diego } 55, A . " 0, ~'f WITNESS my hand and official seal. 5~n.tur'7ftt/Y1/J1/1 X l);j~ th.at'p. t Name (Typed or Printed) LS-128 80":: t 627192 OFFICIAL SEAL JOANNA L. OEVELASCO NOTARY PUBLIC, CALifORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My CommIssIon Expires MAR. 2. 1984 ,-.;;.~_-_ -- _~__ _ -~ _ 4~'ll..."'~_- --~-- Q (This ar.afor ofllel.l notarial.eal) ') I REGARDING GUEST HOUSE ~ .Home Federal Savings and Loan Association of San Diego , a California Corporation, as holder of the beneficial interest under that certain Deed of Trust and Assignment of Rents (the "Deed of Trust"), made as of June 12. 1973 " , among Rodney L.M. Williamson and Anna M. Williamson , Husband and Wife as Trustors, and Home Federal Savings and Loan Association of San Diego as Trustee, recorded June 22. 1973 ,,- , as Instrument No. 1795 Los Angeles County Official Records, for and in consideration of the grant of the Modification M 80-57 described in this Covenant and Agreement do each hereby (i) consent to the execution and delivery by Rodney L.M. Williamson and Anna M. Williamson , to the City of Arcadia of this Covenant and Agreement ,and (ii) covenant and agree that the interest of Home Federal 'c Savings and Loan Association of San Diego in and to Property, described in this Covenant and Agreement , shall be subject and subordinate to the. Covenant. and Agreement described in this Consent and Subordination and that said Covenant: and Agreement: shall be charges and encumbrances on aforesaid Property prior ana superior to Home Federal Savings and Loan Association of San Diego's interests in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. 80'; 627192 IN WITNESS WHEREOF, Home Federal Savings and Loan Association of San Diego has executed this Consent and Subordination to this Covenant and Agreement Regarding Guest House on the date written below. '.. . pated: Tllnp- 16 . 1qRO HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO . ,. .. By P.W4?uc~#~' B. MARION WEBB Title Assistant Vice President ... . " (CORPORATE SEAL) (CORPORATE ACKNOWLEDGMENT) By OattLU,~ PATTI A. MURPH Title Assistant Vicp. .'1 Pre~ident APPROVED AS TO FORM: " of Arcadia " , Consent and Subordination i Corporate Beneficiary Husband and Wife Trustors '1 J_ d {, STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 3-4f'rt day I' L. Lope-"Z- of J;..uY\c. , 19 l(O , before me, W. , a Notary Public in and for said County and State, personally appeared Rodney L. M. Williamson, 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. .----------.-.----------1 . OFFICIAl. SEAl : . W. L. LOPEZ .. NOTARV PUBLIC CAliFORNIA . "a; PRINCIPAL OFFICE IN II I' LOS ANGELES COUNTY : My Comm",,,. Exp AUI 22, 1983 . .________a--w___a~_____J /;;, Notary (Official Notarial Seal 80';; 627192 ACA 10/79 Individual " v STArE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this ct4U, day of before me, W. L. Lt':)pcz.- ~ , 19 <6tl, , a Notary Public in and for said County and State, personally appeared Anna M. Williamson, 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. .________a_____________., : OFFICiAl S€Al I I@ W.LLOPEZ I .. NOTARY PUBLIC CALIFORNiA I . PRINCIPAL OFFICE IN D D LOS ANGElES COUNTY D : My CommlSSlOll Exp. Au~ 22, 1983 I .------------___________J (Official Notarial Seal 80": 62i192 ACA 10/79 Individual 1 STATE OF CALIFORNIA ss. COU~TY OF LOS ANGELES On June 25 ,1980' ,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 offlcial seal. ~' f) OFFICIAL SEAL .....i." CHRISTINE VAN MAANEN ..(. . NOTARY PUBliC - CALlFORr~:' . ..C':' LOS ANGELIS COUll!' " M, comm , ..pires JUN 27, ISSJ..J( 240 W. HuhUnpn Drive. headi_. CA 91006 r2fu;,~?2 ~ Notary ~llC 80~ 627192 ACA 10/79 City Manager cJ .' , " 80':: 627192 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 , from or executed by Rodnev L. M. Williamson and Anna M. Williamson , 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 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 auth i e fficers. ~ II Jt,w~4- City Engineer is