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Home My WebLink AboutD-2141 . RECORDING:,REQtrESTEP~BYcAN~' : WHEN, RECORDED RETURN TO: - - , - . ;' , . . -- . City~C1~rt;. city ':0:(. 'Arcadia ';, ,'- 'P-fO.~Box '60';kcaciia; ,CA ",9100'6 1) ;1rl- ( -------- " _ - - -' --:.- ,t ,'" --Em-rf/~-RI ,COVENANT AND AGREEMENT~PROHIBITING ' _ :.I '~GONVERSi:ON TO) COOPE-RATtviuiULT~PJ.E DwE!,LING':' ' I () .,.:J. / F9R GOOD,-VALUAJlL(~@_APEQUATE' CONSIDERATION- i~ the,_fornLof modihcation--of. specified- ~, V zoning' restJOiJtfon';"bi Othe-'C~ty:-~'f i:Ai'c~d~ai;g~atii:,~d~ by'the approvai'-"Of:"mod~ifi~;'tion::. >.." -' - . . ..- ----.--. ~- -- - H80-97 . '. receipt of: whicli;{s,he~by_",cknowledged; Timothy~Q.. Johitson,-John.:-P.. Lyncl) , and_Denn,is .~,,~llall,_ .. ~':",''---_-'::'- . . .-. ---- ~ . - .f J ~. - :;;'< - , hereinafter.....I?eferred~to~_.:::~ ;--~li~~f~~~i!~:ii~ :~~I?:>~en~~~t~r-s ,"....hereby_ ,d~,%l8;~~ -_t~ev..._are _ the ~~e::~. of:-~hat:t?e:taiJ:~r~~, <:~~:- :,' ~"'~~l pr.operty J-ocated'ln the Clty of Arcadia; - County ',of Los ,Ange1es,-- State .0f...CaJ,-lforn"a co"!",only_ _ , ki.o;Wii~'-as 4hi'oii'ita-:{~treet';" . . arid l~iallf 'described a"s"'foU.ows: ' ~~ , .,-, , , , >-. OJ ' , ;:: r:, '" UJ I~: G c" l.t.r ~ :r: u f'- ~ I... ~ f~_ ~. ;~, l.l . 1< \b <:i:. ~ 0\ ~ " l.\\, ~ .~ \ ,> , , Lot 24 in Block 66 of the Arcadia Santa Anita Tract, as per map recorded in Book 15, pages 89 and 90 of Miscellaneous Records, in the office of the County Recorder of said County. RECORDED IN OFFICIAL RECDR06 OF LOS ANGELES COUNTY. CAUF. 4 Min. 8 A.M. DEe 10 198Q Past I Reglstrar-RWM,ser -, o ~ a.. ii: '-' !l)~ :JJ.' C>. 2.11 of ......hich 2foredescribed is hereinafter referred to collectively as the "Affected !..GiLd,1I ~ere~y 2.gree and cove~ant with the City_ of Arcadia, a Municipal Corporation Chereinaf:er re:02'!."red to as t1'-.e "Cove:12.l1tee") on behalf of and for the benefit of the Covenantee's land, ~hich is the publiC street and right-of-way adjace~t and contiguous to the Affected ~nd, and on behalf of and for the benefit of the "Benefitted LandI! which consists of 2nd includes all the ;:;ub1ic a:ld private land located within 500 feet of the Affected Land as follows: 1. That no attempt shall be made to convert Affected Land into a "cooperative multiple d..'elling" as de:.fined in the Arcadia Hunicipal Cede, and if .:lny such atte."1pt is made, M80-97 shall beco~e null and void. , . , ,f"; 2. If this Covenant and Abree~ent is breached by Covenanters or thelr successors ort 2ssi""ns Cove.nantee is hereby authori.::ed to brLT'}o an action in a court of cO:7l.petent juris- b , ,0 ciiction to enforce this Covenant and Agreerrent. In the event of such legal actions, CG\'e:1antors or t~eir successors or asslgns shall be li~ble for the re2.so~a?le attcr~ey's fees of Covenantee. / e " ~ ~ ~ ':!'~~ ~- (- .. . .-- - --' - 1 - .' ..... / / " 3. Covenantors n~rce to not1fy t~eir assl~nee~ dnd succ~ssors in lnt~rest in ~[fectcd Land of this CJvcnant ~nd Agreement. - - 4. Th{s- Covenant and Agreement is 'for the' oenefit of ,the' land of -and shalf inure' to the benefit of the C;:;veuintee -and ifs -heir~, ;:-~'ucce~s';'rs' -~~ssigns and :is for- the: . - " ,-- -, - " ~_~_ .- __ __ .._~_ _-'0-...- "_. _ ____. . benefit of and" shall inure to ,the benefit of all the Beriefitted'-Land and the heirs,,- s~c:.c:essor~ a;"d assigns '..!?f _th-e_ owne!j" ~r,th~ BeMf:iSteg Land-;~'an_<;1 tllis Cov~nanL. ~d' -li.greem,:nt, sl].allJu?:.wit;h_th~land, a~ spall b_e binding -.!!l'~he heiE.s.,_~,ucce~ssoJO~_andl_, assigns of the ,Covenantors, and may be re1eas;:;d' ig_writing by the Covenante'e-.. 5. The City of Arc.-:J.u Ll in its capacity ,IS Covenantee and in its capacity as the legal rcr>rcscntativc of the residents of the City of Arcadia and more p;],rticul.:lrly as the 1"::'1;.::11 rcprcscntati\"c of .111 the owners of the Benefitted LlIld, IG hereby authorized to enforce thi.! provi_~i\)I1'~ of thlS Covcn.:1nt and 1\grcemcnt. ./ 6. If .Inv "icctiOll, su1),scction, sentence, clause, phr..1sl' or portl.on of th1-s CuvC'no.nt and Agreement 1S for ~tlY reason helJ to be lnvJlid or unconstitutiono.l by the decision of any court of competent jurisdiction, such decisions shall not ,l(fect the valldity of the remainlng portions of thls Covcno.nt .:lnd Agreement. IN HIDJr:SS h'll[Rr.OF, Covcn.:lntors .:md Covcn.1ntee have executed this lnstrUtnent on the d.1.tc sho\ffi opposite their signo.tures. "COVENANTORS" Dated q /).,.'\ I ?to { I q I~u, /"80 I I 9/u/KO ~. Dated Dated hn P. Lync ~nn~ Dated /ohM , 80- 1240061 ACA 4/80 Covenant & Agreement Prohibit~ng Cooperative ~lu1tip1e Dwelling - 2 - 1- ~ STATE OF CALIFORNIA 80- 1240061 ss. COUNTY OF LOS ANGELES On this ~ day of 5;::jJ7/7#)<I:/1 , 19 '66, , be fore me, $(ItI$/) J1f /~1f/LJ , a Notary Public in and for said County and State, personally appeared Timothy Q. Johnson, an individual , known to me to be the person whose name is subscr~bed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. Notary Public (Official Notarial Seal GJ OFFICIAL SEAL - EDWARD M. BOYD .. . ... . NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ,..,..' LOS ANGELES COUNTY My Commission ExpIres September 27. 198J / e OFFICIAL SEAL EDWARD M. BOYD . NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGElES COUNTY My Commission Expires September 27, 1981 ACA 10/79 Indiv~dual :;, J 80- 1240061 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 24th day of September , 19 80 before me, Eloise Y. Hoshide , a Notary Public in and for said County and State, personally appeared John P. Lynch, an individual , known to me to be the person whose name is subscribed to the withln instrument, and acknowledged to me that he executed the same. WITNESS my hand and offlcial seal. ~ ?I~~f!c NOfuy Public (Official Notarial Seal :' ~.. . '" . . . , . OFFICIAL SEAL ELOISE Y HOSHIDE NOTARY PUBLlC_ CALIFORNIA LOS ANGEl[S COUNTY My carom expires ffOV 12, 1983 . ---- -- ACA 10/79 Individual / STATE OF CALIFORNIA 80- 1240061 ss. COUNTY OF LOS ANGELES be fore day of ~ ~~~~~ me,~",--.........~~ p,. \... ~~l\frE~ . , 19~O, On this ,;);}""O , a Notary Public in and for said County and State, personally appeared Dennis R. Hall, 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. Notary (Offlcial Notarial Seal .... . c . . . . , ' - OFFICIAL SEAL SANDRA K. SHAFFER NOTARY PUBLIC. CALIFORNIA LOS ANGELES COUNTY My comm expires OCT 31, 1980 '. 13535 Ventura Blvd, Sherman Oaks, CA 91423 ACA 10/79 Indivldual . " . s 80- 1240061 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On October 3 , 19 80 ,before me, the undersigned, a Notary PubllC 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. ~~UbliC - e OFFlpAL SEAL . CHRISTINE VAN MAANEN 0. . NOTARY PUBLIC - CALIFORNIA . . LOS ANGELES COUNTY ,~' My camm. expires JUN 27, 1983 ' ~< -;-";;>' -'I 240 W, HunUnitlln Drive. Aread", CA 91006 ACA 10/79 City Manager " , cuvt::~.;..'. l ~u .;<";K::.t.~f:~:'; l PROHIBITIXG CONVERSION TO COOPERATIVE ~lULTIPLE DHELLmC Rlc!1ard E. ~Lwfie1<J._"nd Mary Mavfie1d, husband and wife, as holders of the benef ieial interest under that certain Deed of Trust and Assl.gnment of Rents (the "aeed of Trust"), made as of _.~~~1;t3_~.__ , among Timothv Q. Johnson. John P. Lvnch. and Dc.nui..s_ R.. -1.Iall, as Trustors, and! Americnn Tit le ! ~~panv as Trustee, recorded June 18, 1980 . as Instrument No. 8 O-05.8J.uO 9 ~os Angeles County Official Records, for and in consideratuon of the grant of the / ~180-97 deseribed in ~his Covenant an~r~pmpnt do each hereby i(i) consent to tbe executiCilill and delivery by TrlIstors _~, to the City of AI'cadia of this Covenant and ^grppmpn' . and '(ii) covenan-t aa:>d agree that our interest in .:lnd to Property) dcscr:.bcd 1.11 this Covenant and Agreement ~ , shall be. subJc:ct and sUDo:-dma:e :0 this Covenant and Agreement ./ , ar.d that said Covenant and Agreement shall be charges and enc.umbrances on afores~id Property prior 3nd superior to our interests in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. IX \<1T::::SS \''HEREO?, Richard E. Mayfield and Mary Mayfield have executed this Consent 2~d Subordination to this Covenant and Agreement on the da.te 'Writte.n belO\.,1'. D.:;ted: SEP 26 1980 @~~JC:~?~~~ Richard E. Mayfield 0!J ~~ 'APPROVED ,\S TO rOP~I: 80- 124.0061 of Arcadia . -. . ~'.;:)orC~~2tlon ACA 7/80 " .' ~ , \ /. STATE OF CALIPORNIA ss. COUNTY OF LOS ANGELES On this ,;J&, -~ day of (~~. , ] 9 fa , before me, I!14Rtj -/Jill /II (? ;;;/111'50;.) , a Notary Public in and for said County and State, personally appeared Richard E. Mayfield, 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. 80- 1240061 Whd (Official Notarial Seal OFFICIAL SEAL MARY ANN JOHNSON NOTARY PUBlIC.CAlIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires June 22. 1984 ACA 10/79 Indiv~dual STATE O~ CALIFORNIA ss. COUNTY OF LOS ANGELES in and On this /2&J:,{- Ine ,/Iliftzr /fll) It/ for said County and State, day of oLd , / ('];4;(-5;;) ,19 Jt1._ before , a Notary Public personally appeared \ Mary Mayfield, 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. 80- 1240061 WITNESS my hand and official seal. JlJ"ltttc. d~VJ0 Jb-/~J //, , Notary 'PubllC (Official Notarial Seal OFFICIAL SEAL MARY ANN JOHNSON NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires June 22.1984 ACA 10/79 Individual ."... >- 80- 1240061 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 O'ctober 3. '1980 , from or executed by Timothv O. Johnson. John P. Lynch and Dennis R. Hall, is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of AFcadia. 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 Count. and the City of Arcadia consents to the recordation thereof by its,du1y au or ze ficers. 4 Jt ~ City Engineer is hereby approved as