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HomeMy WebLinkAboutD-2136 ..,- )J --</-- ,-~ - RECORDING REQUESTED BY AND \'iHEN RECORDED RETURN TO: RECORDED IN OFf1CCI~LU~~~~ Ai OF LOS ANGELES . A MIN. 8 AM. JUL 28 1980 ~ PAST . City Clerk, City of Arcadia P.O. Box 60, Arcadia, CA 91006 Recorder's Office COVENANT AND AGREEMENT REGARDING GUEST HOUSE IfEE$/~~RI jb 'f 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 M-80-56 / receipt of which is hereby acknow;Le<:l.ged, CHARLES -L-;-:DROUET and CONSTANCE A. DROUET, husband ~nd wife, .' hereinafter referr,ed 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 knm.;n as ~OO West Woodruff Avenue, and legally described as follows: c Lot 134 of Tract 13188 in'the City~of Arcadia as per map recorded in book 266, pages 1-3 of maps in the office of the County Recorder of said County. o 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 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. That the existing guest house on Affected Land shown on the plot plan for M-80-56 shall not be used as a separate dwelling, shall not be rented, shall not be equipped ~ith 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 s~ccessors 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, Covenant- ors 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 A3reement, if this covenant and agreement is breached, the City of Arcadia may revoke M-80-56. ACA 3/80 Covenant & Agreement Re Guest House -1- L- 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 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 pro- visions 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 Il~ J /tg~ {/ Dated 9tvnL 3, , /130 O~/aw~ CONSTANCE A. DROUET Dated "COVENANTEE" City of Arcadia 80- 715198 Dated 9'~ .2'f,119.YO / W. Alberg Manager CONSENT AND SUBORDINATION TO THIS COVENANT AND AGREEMENT REGARDING GUEST HOUSE CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION, a California corporation, as holder of the beneficial interest under that certain Deed of Trust and Assignment of Rents (the "Deed of ACA 3/80 Covenant & Agreement Re Guest House -2- ~ STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this -, ,'5 day of before me, in and for said County an Charles L. Drouet, an individual / 19 ;>{cJ , a a Notary Public personally appeared known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that hp. executed the same. WITNESS my hand and official seal. ACA 10/79 Individual ~~ Public (Official Notarial Seal rl1lll11llrrllllllltnll1ll1ll1lrmllllrrrrnllllltnllfllllntllllltlllnlllll'1111~UllnllllrrUllnll1 & OFFICIAL SEAL ~ - DOROTHY DEAN ~ =,,; NOTARY PUBLIC CALIFORNIA ~ ~ PRINCIPAL OFFICE IN ~ I LOS ANGELES COUNTY 2 My Commission Expires Dec. 5, 1981 ~ WlUUllllUllllllllllUlIlllllllllllllllllUllllllllUlJllltlllllllUHlllUlJllllllll1lllUlUlllllIllllllllllUii 80- 715198 Ii STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this day of 19 Yo before me, a Notary Public in and for said County personally appeared Constance A. Drouet, 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. 80- 715198 ~~~J1~, Notary ublic (Official Notarial Seal ~llllllllll1llrnnlnnllIIIlIUJIUlllllJllrrUlnlllllllnIIIIlIlUIIIIlt!Ulltll1~lllllnrnll1ll1lll1U il & OFFICIAL SEAL g g - DOROTHY DEAN ~ ~. NOTARY PUBLIC CALIFORNIA ~ a PRINCIPAL OFFICE IN !i ~..~ LOS ANGELES COUNTY ~ ~ My Commlss!on ExpIres Dec. 5, 1981 ~ iirUIlrUlIlIIlIIIIlIUIIUlIlIIUItlJIIIIII\!IIIIUlttlllIlIIlJlUIIIIUlllIlllHI1IIlIlJlIIIUllIIJIIUlllllJ1r1lIi ACA 10/79 Individual r / STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On June 24 , 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 offlcial seal. 80- 715198 ~~/Z~ Notary Publlc ~.. OFFICIAL SEAL . CHRISTINE VAN MAANEN ~ 0.... : NOTARY PUBliC - CALIFORNIA LOS ANGElES COUNTY ...,. My comm::-xPI~1 :;JU~_~~~ ~1~ -"'., "...1ln1llol>1l<Wo, AroIdla, CA.9lOOi ACA 10/79 City Manager " L., .( ,.. . 'z " 0 ~ " o . " o u 1, . . . ~;, ~ I: ~ I " . \ ~ " I . ' ""T /- I ~D- 7/5/'1& 7 , 19--8...0-, before me, the undersigned, 'P; H. Marhf>w" STATE OF CAL!FORNIA lss COUNTY OF LoS Angel~s On this 1 7 dJyof .TnnE=! a NotJry Public In and for SJld County ::lnd State, per~onJlIy appeared known to meta be the vi ~p Pre\ldent,Jnd Nynrt M pi t-t-o::.r('')'rn known to me to be the 'A~.c::i Rrr=Inr SecretJrY of the corporatIOn tlut e'\cclllcd the wIthin m<;trllment, Jnd known to me to be the per~orlS who e'\ccuted the wlthm Instrument on behJlf of the corpOrJtlOn therem named Jnd Jcknowledged to me thJt "uch corporation c\.ccutcd the <;dllle, pur\UJnt to 11\ IJw~, or J rc~olutlOn of Its Board of Director" WITNESS my hdnct <lnct offlclJl seal S~nat",e tZJ' ~i'/~ ~ Carolyn Sue Briggs Name ( ryped or Prmted) PA45(10) - OFFICIAL _ CAROlYN SUE BRIGGS IIl7rAll\'PUIUC . CAUFORNtA ~Al. 0ff1CE IN LIlI-..u COUIfTY "~bp.IIooI"lta, . - (This area for official seal) ,.' '"'v 1~()..t~tJ Trust"), made as of July 23, 1976 , among CHARLES L. DROUET and COl,STA."iCE A. DROUET. husband and wife, 2.S 7rustors, a:-'ld CAL FED ENTERPRISES. a California Corporation as Trustee, recorded August 3, 1976 , as Instrument No. 1739 Los Angeles County Official Records, for and ~n consideration of the grant of the modification described in this Covenant and Agreement, do each hereby (i) consent to the execution and delivery by Trustors, to the City of Arcadia of this Covenant and Agreement, and (ii) covenant and agree that the interest of CALIFORNIA FEDERAL SAVINGS 1\:m ASSOCIATION, -..... ^'-1 '....-'~..... . I ---.- -_.-----~----_.- . in and to Property, described in this Consent and Subordination, shi.ll be subject and subordinate to the Covenant and Agreement described in this Covenant and Agreement and that said Covenant and Agreement shall be charges and encumbrances on aforesaid Property prior and superior to CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION interests in aforesaid Deed of'Trust and to the lien of aforesaid Deed of Trust. IN l'/ITNESS HHE RE OF , CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION has executed this Consent and Subordination to this Covenant and Agreement on the date written below. Dated: June 17, 1980 CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION, a Cal1fornla Corporatlon, By ~ t/I c e -?;-e J; c/cz.f?7 , J Title (" I ~~~ By )74~ '/;/7. #- - . ti'-- Ti tIe Assistant Secretary . CONSENT AND SUBORDINATION TO THIS COVENANT AND AGREEMENT REGARDING GUEST HOUSE '- , . BENEFICIAL ~INANCE CO. OF ARCADIA, a California Corporation, as holder of the beneficial interest under that certain Deed of Trust and Assignment of Rents (the "Deed of ~ ACA 3/80 CO\~NA."T & AGREEMENT REGARDING GUEST HOUSE -3- \ :~. .. '-6 80- 715198 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On ~ :20 i(JJ}~Jf/Di( 4-. IIZ<~ L~, (/. J.//FiNtP 5E/i!/cJlf M ;/ N tl-G Elf... , 19BJ:L, before me, , a Notary Public, personally appeared , -.-" known to me to be the 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. /L;o'~~ y Publi (Official Notarial Seal) ACA 10/79 Corporation " 80-:- I 71519B Trust"), made as of November 30, 1977 CONSTANCE A. DROVET, husband and wife, as ?rustors, a!'ld BENEFICIAL MANAGEHENT CORPORATION OF AHERICA , among CHARLES L. DROVET and as Trustee, recorded ,December 9, 1977 , as Instrument No. 77-1361153 Los Angeles County Official Records, for and in consideration of the grant of the modification described in this Covenant and Agreement, do each hereby (i) consent to the execution and delivery by Trustors, to the City of Arcadia of this Covenant and Agreement, and (ii) covenant and agree that the interest of BENEFICIAL FINANCE CO. OF ARC1JlIA, in and to Property, described in this Consent and Subordin-at1on, shall be subject and subordinate to the Covenant and Agreement described in this Covenant and Agreement and that said Covenant and Agreement shall be charges and encumbrances on aforesaid Property prior and superior to BENEFICIAL FINANCE CO. OF ARCADIA'S interests in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. IN WITNESS HHEREOF, BENEFICIAL FINANCE CO. OF ARCADIA has executed this Consent and Subordination to this Covenant and Agreement on the date written below. Dated: 6-- ,/-o-:j)t? \ BENEFICIAL FINANCE CO. OF ARCADIA -~---"--_. ----- - - - ~ - - a California Title By By Ti tle (CORPORATE SEAL) " (COEPORATE ACKNOl'lLEDGHENT) FORl.\.: of Arcadia -4- ~Ch 3/80 COVE~ant & Agreement ?e G'..:est House ou- - ~. I~~.l~~ '1./ CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a Municipal Cor~?ration, by the deed, grant, conveyance or instrument dated Jurr 24 1980 , from or executed by ChaJOles L. Drouet and Constance A. Drouet , 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 authori officers. The hereby approved as t ~)f~ City Engineer