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Home My WebLink AboutD-2135 '-J v -......-- ..~ RECORDING REQUESTED BY AND RECORL'U) IN OFFICIAL RECORDS i) /(~ WHEN RECORDED RETURN TO: OF LOS ANGELES COUN1Y. CA - 4 MIN. 8 A.M. JUl 2 3 1980 City Clerk, City of Arcadia p.AST. FEE $ q ~ / A 7 P.O. Box 60, Arcadia, CA 91006 Recorder's Office I COVENANT AND AGREEMENT FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION in the form of M-80-62 granted Melvin L. Stehse1 and Beatrice H. Stehsel, husband and ~ife, hereinafter referred to collectively as "Covenantors," receipt of which is hereby acknowledged, 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 1049 Rancho Road, and legally described as follows: Lot 1 of Tract No. 12374, in the City of Arcadia, as per map recorded in Book 232, pages 42 to 44 inclusive of Maps, in the Office of the Recorder of said County. EXCEPT the westerly 167.91 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 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 land located within 500 feet of the "'Affected Land as follows: \1 ;)~ i:i U " ~ ~ ~ ~ ~ '" Z Q ~tJ ~ ~ U c:: l.LJ :: 5: z i o ; ~ 1 iJ..;f ;;;, 0: on ltJ'; Q; 1. To remove from Affected Land at Covenantors' cost, the greenhouse on Affected Land allowed by M-80-62 to be placed 3 feet from the northerly property line in lieu of 50 feet required by the Arcadia Municipal Code, in a manner approved by the Planning Director of the City of Arcadia and to his satisfaction, within sixty (60) days after receipt of written notice mailed to the address of Affected Land by the Director of Public Works of the City of Arcadia. Such notice will be issued only if the City of Arcadia requires the use of said property south of the northerly property line for whatever purpose. 2. Covenantors hereby grant to the City of Arcadia the right of egress and ingress over Affected Land in order to demolish and remove said greenhouse if .the same has not been removed in compliance with paragraph 1 herein. In such event Covenantors shall reimburse the City of Arcadia for all costs of demolition and removal of same and the cost of demolition and removal may be made a lien against Affected Land if not paid with- in ten (10) days after written notice to do so mailed by the City to the address of Affected Land. 3. If this Covenant and Agreement is breached by Covenantors or their heirs, 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 sha~l be liable for the reason- able attorney's fees of Covenantee. 4. If this Covenant and Agreement is breached by Covenantors or their heirs, successors or assigns, in addition to all other remedies available by law, Covenantee may revoke modlfication M-80-62. 5. Affected Covenanters agree te notify their assignees Land of this Covenant and Agreement. and successors in L.'1terest in 6. Trlis Covenant and Agreement is for the benefit of the land of and shall inure to the beneflt 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. - 1 - A .., 7. 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 A~reement. 8. 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 2~ / ,?,Fv /??~ Melvin L. Stehsel ~~~ ~~ ~ Dated 2& cr7'~ /1,Fe -~ Beatrice H. Stehse1 "COVENANTEE" City of Arcadia Datedi~ If /~fo By : 80- I 699972 CONSENT OF TRUST DEED BENEFICIARY Security Pacific National Bank as the holder of the beneficial interest in a trust deed to Affected Land dated May 24, 1973, recorded June 15, 1973, Los Angeles County Official Records as Instrument No. 1773, Book D5909, Page 295, hereby consents to the execution of this Covenant and Agreement by Melvin L. Stehsel and Beatrice H. Stehsel. , ~, SECURITY PACIFIC NATIONAL BANK BY<~~~ , ' (COP~ORATE ACKNOWLEDMENT) ~ (CORPORATE SEAL) - 2 - , i I 1 I \ \ . ~ ~ STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this ;;2f, before me, /jf".t1--;; , day of ~''''L d , ;g~c k"u-, ,P , 19<P-o , , a Notary Public in and for said County and State, personally appeared Melvin L. Stehsel. 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. 4~~gecA::SZO N~ry Public 1 (Official Notarial Seal ,. - '.: . . . . 'O'F;I~I;L 'S~;L" ! ~ ,';:::I;.3:::1i RUTH J. BECKWITH -;", ~y; NOTARY PUBLIC. CAL.'FORNIA .!~V t'fhNC,PAL OfFiCE iN LOS ANGELES COUNTY M~~~o~mr~sl.~~_~xp_~~es Sept. 10, 1982 . ~ . ~ . . . . . :"-;- :-::--:--;--:---;-; .. '" ACA 10/79 Individual 80- 699972 J': . STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this :2...c:' day of ~~~ cJ , 19ro before me, ffulJA ,j, ,7fet"/r1f/,'7:A , a Notary Public in and for said County and State, personally appeared Rp~r~ice H. Stehsel , 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. .~~~~ ary Public (Official Notarial Seal .. - . . . . . I-~- . 'O'F;~';L'S~;L' . Of : ~~-~/Jt~ RUTH J. BECKWITH ~.::.:.~~ NOTAny rUSLlC . C,'L:rORNIA ~ I-'R.r~CJPAL Or-fleE IN LOS ANGELES COUNTY L ~Y_;C:Omm"Slon ,Ex!"lre, ScPt.20,_1982 ... ...... - .... . . . . .:.-~-;:: ~" , ACA 10/79 Individual 80- 699972. STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On -0)01:,' J; J:~ 1+. Rol-{) !o, / L (HI! b Te..-J') V,::'--€---, , 19 J(() , before me, , a Notary Public, personally appeared known to me to be the Va U 'F N A-...s P12.e_.s I J..\'e-NI of the corporation that executed the within instrument on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. if~ Q ~~ Notary Public DQRIS A. ROWLAND (Official Notarial Seal) l'IIII"mUllllllrUlI/rIllUrllllllJlIInIUlllllllllmllllltrnllnrlllln"'mr"'"lIlmn~ @ OFFICIAL SEAL . DORIS A. ROWLAND ~. NOTARY PUBLIC CALIFORNIA L PRINCIPAL OFFICE IN B LOS ANGELES COUNTY g My Commission Expires August 9, 1981 . nlllllUlllllIlIUlllllUUlIlIUUUlIIlIIUIU"U1l111UlIIIIllIILUUILlIIlUWIlUllIlI1IlIllIIJIIDIlJ ACA 10/79 Corporation 80- 699972 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On July 15 , 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 official seal. ~~~ Notary ~llC -tI:l ~ OFFICIAL SEAL ..,,, . CHRISTINE VAN MAANEN I ; 0 .- :.. NOTARY PUBLIC. CAliFORNIA \ . LOS ANGELES COUNTY ~ ,~."' My oomm. expires JUN 27. 1983 , ~~""t'"-.::. ~ 240 W. Huntington Drive. medi., CA 91006 ACA 10/79 City Manager 80-- 699972 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a Munici al Corporation, by the deed, grant, conveyance or instrument dated -ze, / Po , from or executed by Stehsel and Beat i e H. Stehsel , 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 of Arcadia consents to the recordation thereof by its duly t:M0J/ ~~/ City Engineer The document thus described is hereby approved as to form. City Attorney ~o.- '9~17'Y