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HomeMy WebLinkAboutD-2133 ..~.,E.:::CO?~DI:\G ;-'::QL"::ST:::D BY P-SD .,~'r:::~~ RECO?DED REli...~~ TO: 80"': 6413148 G<7?w-~A/T>-Q<1 .~ I~')/' 1> ,,). , . Cl.ty Cler~; City'"'' Arcadia P.O. Box 60, !~czd:a, CA 91006 COVE!;;_>iT PliD .L,GREt::''.E!H PROHIBITING CO~\'t:RSIOl'i TO COOPE?~".TlVF XULTlPLE D\,ELLH:G \FEE$Jb~ Rj o FOR GOOD, VALUABLE A~'D ADEQUATE CO:iSIDERATlOl'i in the form of modification of soeclfied zoning restrictions by the Clty of Arcadia granted by the approval of modlIlcatiom'set forth in C.U.P. 79-17 & C.U.P. 79-17 itself, receipt of ~hich is hereby ac\~ow1edged, Charles L. Larrick and Patricia A. Larrick ,Husband collectively as lICovenantors,1l hereby declare they are property located he the City of Arcadia, County of Los kno,~ as 141 East Diamond Street as fo110\;'s: and Wife, hereinafter referred to the o~~ers of that cer:2in real Angeles, State of, California cOQIDonly , and legally described ) Lot 11 in Block 64-1/2 of the Arcadia Santa Anita Tract, as per map recorded in Book 15, Pages 89 - 90 of M.R. in the office of the County Recorder of said County. :~ .~; 1" ~j . "', Recorder's Office :- w "" C -. '" <- co ~)_' -- .' '-' 0 .- "- f ~ !'J <'l REWaiJl:O ,N OFFICIAL RECORDS OF LOS ANGELES COUNTY. CA 4 . ~~T 8 A.M. JUl 3 1980 all of which aforedescribed is hereinafter referred to collectively as the "P...ffected Lond," he.De~y agree and covenant with the City or Arcadia, a Municipal Corporation (hereinafter referred to as the. "Covena'i1te.e") on behalf of and for the benefit of the. Covena:lteet s landJ ~hich is the public street and right-of-~ay adjacent and contiguous to the Affected L2nd, end on behalf of and for the benefit of the I1Benefltted Land" v:hich consists o~ and include.s all the public and private land located within 500 feet of. the Affected Land as follows: L That no attempt shall be made to convert Affected Land into a "cooperatlve nu1tip1e d,,'e11ing" as defined in the Arcadia Hunicipal Code, and if any such attempt is made, C.U.P. 7q-17 ~nd the modificatio~granted thereunder shall become null and void. 2. If this Covenant a~d Agree~e:lt is b~eached by Covenantors or their successors or aS$igns, Covena~tee is hereby aut~crized to brL~g ~n action in a court of co~petent j~ris- diction to e~force this Covenant and Agree~ent. In the event of such legal actions, Covenantors or their successors or assibns shall be liable for the reaso:lable attor~ey's fees of Covenantee. .~"r:;-" l. ISO 'r.Q\7C;;ar:..~.. & ~\gr2e:fte.nt Prohiblt in.g Cocperative Multiple v~e11ing - 1 v 3. Covenantors agree to notify their assignees and succe~sors in interest in Affected Land of this Covenant and Agreement. 4. TI11s Covenant and' Agreement is for the benefit of the iand 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 enfoJOce 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 couJOt of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Covenant and Agreement. .... ";r ~> IN WITNESS WHEREOF, Covenantors and date fh~yn opposite their signatures. .- , '.:z:~~'5. Covenantee have executed this instrument on the '- ~/'~' ~~..J ttJ:- ..... ~ ~'- ~~. >;..l ,~ft ~ ,". 1l"' ':J;' ~.h ~-- ~~ -.'~ "-",". > ,~, I -.'f :~c. .~~~ .;::- Dated-':: /0 "COVENANTORS" Tune. Ie; 3D tt~~ ~ t- Dated ~ 10, 1'9 fO -!. ~. '.... ....- :~ . .~ :';,t...,;> ~) - . . '~~.' , ,.:!i. :t+~' .' !: .-:~ "COVENANTEE" City 0= Arcadia . , rf" ",."" I: .' Da ted . ..r~,; /910 .' ~::' . , 80": 643148 ACA 4/80 Covenant.." Agreement Prohibiting Cooperative Multiple Dwelling - 2 - CUNVt.K::ilUN TU CUUPt:KAT1Vt: MULT1PLt: U\,t:LL1NG ...3 Home Savings and Loan Association , a California Cor~oratio~, as holder of the beneficial interest under that certain Deed of Trust and Assign~ent of Rents (the "Deed of Trust"), made as of .Tu1v L 1976 , aJTl.ong Charles L. Larrick and Patricia A. Larrick , Husband and Wife as Trustors, and Serrano Reconveyance Company as Trustee, recorded July 21, 1976 , as Instrument No. 1494 Los Angeles County Official Records, for and in consideration of the grant of the C TT p 79 17 described in this ('QHii't:I.~vr ~nn Agre.:p.me.nt do each hereby (i) consent to the execution and delivery by Charles L. Larrick and Patricia A. Larrick , to the City of Arcadia of this Covenant and Agreement ,and (ii) covenant and agree that the interest of Home Savings and Loan Association in and to Property, described in this Covenant and Agreement , shall be subject and subordinate to the Deed of Trust described in this Consent and Subordinatlon and that said Covenant and A~reement shall be charges and encumbrances on aforesaid Property prior and superior to the beneficial interests in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. IN WITNESS ~~EREOF, Home Savings and Loan Association , has executed this Consent and Subordination to this Consent and Subordination on the date vritten below. 80~ 643148 Dated: June 20, 1980 Home Savings and Loan By \MJL~ Association . . '- Title Senior Vice President (CORPORATE SEAL) By 4#.-Ib'.-a/ 2r~L~ (CORPORATE ACKNOWLEDGMENT) Title A~~i st-!:lnt ~f':>.rrp.t-!:tTY APPROVED AS TO FOR~: of Arcadia Consent and Subordination Corporate Beneficiary Husband and Wife Trustors ( STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES in and On this /d." day of ~ , 19~, , '7/ V me, ~1J""O~ f:. ~A-<'...tJIJ.-/ , a Notary Public for said County and State, personally appeared before r.'h::lrl;:>C! T T ;:IT",..if"'k an ;nfli17inn:::~l , " , 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. qf~::;'ry(!'~b~ (Official Notarial Seal 80-:' 643148 ACA 10/79 Individual . Q OFFICIAL SEAL LOUISE C. VICKERS ll) . NOTARY PUBLIC-CAliFORNIA !;. ." ' PRItJCIPAL OFFICE IN ;;:~. LOS ANGELES COUNTY My CommissIOn Expires May 25, 1981 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 1:2. before me, ~~~..,€. day of ~ (!. c;L~ , 19 cPO , , a Notary Public in and for said County and State, personally appeared Patricia A. Larrick. 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. ~,e~ Notary Public , (Official Notarial Seal 80": 643148 ~ OFFICIAL SEAL LOUISE C. VICKERS NOTARY PUBLlO - CALIFORNIA PRINCIPAL OFFlqE IN LOS ANGELES COUNry My Commission Expires May 25, 1981 ACA 10/79 Individual y. STATE Of CALIFORNIA ss. COUNTY OF LOS ANGELES On June 25 , 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 official seal. 80': 643149 ~?l Notary Public e OFFICIAL .-.~ " ,CHRISTINE SE-AL . . : NOTARy pum.YtN MAAN"N L ~ CAUFO,Q'-; !. ,...... OS ANGELES " . , My Ql COUN7Y ' 140 mm, "p".. JUN 27 c W11ltJ1Nn1lbJ ~"",-.::o-..-...,._: 1:183 9rlv./ ~dl.", ~ . -'.-, ,... 910QS ACA 10/79 City Manager ~.~... " , , . . . . , " OFFICIAL SEAL CHRISTINE V NOTARY pusut!'lcMAANEN AUFORNIA M LOS ANGElES COUN7Y y comm "pir.. JUN 27, 1983 240 W. Hunbnl/lDn Drive '-.d' ,~, 'e. CA 91llOS (Corporation) 'I '.1 t 5T A TE OF CALIFORNIA } 55, rfJ- 613/(1 COUNTY OF T [)~ Angf' 1 F!~ On T11ll'i' 70, 19RO before me, the underSigned, a Notary Public In and for said State, personally appeared ~r. V1Ce W; 11 ;0111 T PresIdent, and known to me to be the 'T'hnmpc:nTl Mallreen Maginn ~ ~ ~ x ~ ~ ~ ~ ~ m , known to me to be A<;c; i c;t~nt Secretary of the corporatIOn that executed the within Instrument, known to ml;! to be the persons who executed the ! wIthin Instrument on behalf of the corporation therein named, and " acknowledged to me that such corporation executed the wIthin in- strument pursuant to Its bY~laws or resolutIon of ItS board of ~, dlTectors. .i WITNE~:f::;:/, / Roderick L. Hill Name (typed or PrInted) J)~// OfFICIAL SEAl RODERICK L HILL HOTARY PUBliC CAtlFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commisso" hp Api 26, 1983 (This a"... Itr tfllel.l nttarlal ..all SF--4211-P (RE v, B. p/77) ~ 80": 643148 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 Charles L. Lartick and Patricia A. Larr1ck , 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 the City of Arcadia consents to the recordation thereof by its duly icers. t:M; JI ~ City Engineer The document thus described is hereby approved as : PLEASE RETURN TO: City of Arcadia Plannlng Department , 240 West Huntington Drlve -Arcadia, California 91006 ou- U~~'fOq 1) 11 iJ! ~1lED IN omctAL LOS At""'"'"FJI. COUNTY. CA. 27:=T 12 P.M.JUt 91980 Recorder's Office CERTIFICATE OF CO~WLIANCE LAND DIVISION r~EE $6 . 1 A APPLICANT: Hubert and Donna Manning 4903 North Ardsley Temple City, California 91780 ADDRESS OF SUBJECT PROPERTY: Lots 898-903 and 1140-1145 in the Chicago Park Tract LEGAL DESCRIPTION OF SUBJECT PROPERTIES IS IN ATTACHED "EXHIBIT A". The Plannlng Commission, acting pursuant to Government Code Section 66499.35 of the Subdivision Map Act and local ordinances enacted pursuant thereto, hereby certifies: 1. That the real property or the division thereof descrlbed herein complies with the applicable provisions of the Subdivision Map Act and local ordinances enacted pursuant thereto; and 2. That any conditions imposed in granting this Certificate of Compliance have been fulfilled and implemented by the Applicant or Applicant's grantee, and that no condltions remain to be ful- filled and implemented; and 3. That the issuance and recordation of this Certificate of Compliance has been duly authorized and approved by the Planning Commission of the City of Arcadia. DATE OF ISSUANCE: CITY OF ARCADIA PLANNIN~ COMMISSION 'ecretary of the Arcadia Planning Commission . :::r:: 'J'<:: ~~ ~ III <."" ::1>-; ~ SIGNATURES OF PROPERTY OWNERS: =t> /, / ~r, -~ ~ /'h ( By