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HomeMy WebLinkAboutD-2144 RECORDING REOUESTED BY AND ~\ t,...~HEN RECORDED kETURN TO: RECORDED IN urrl\..11"ILo n._n-- OF LOS ANGELES COUNlY, CA 4. ~~ 8 A.M. FEB 111981 I / 1 I City Clerk, City of Arcadia p.a. Box 60, A=cadia, CA 91006 Recorder's Office I I I COVENANT AND AGREEMENT REGARDING GUEST HOUSE I FEE '$ 9:=-Rl Lei FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION in the form of modification of speci- fied zoning restrictions by the City of Arcadia granted by the approval of modification M-80-170 , receipt of which is hereby acknowledged, Alex T. Peck and Regina L. Peck, , Husband and Wife, hereinafter referred to collectively as "Covenantors, II 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 423-425 Le Roy Avenue , and legally described as follows: Lot 14, Tract 6548 as per map rec;raed in Book 82, Page 45 of Maps in the office of the County Recorder of said county. EXCEPT therefrom the North 0.19 feet thereof. 1& I/~ ~~ ~I 0'1'1...L ~, ~~/ "-, 1 all of which aforedescribed is hereinafter referred to collectively as the "Affected Lane," 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 "Beneffited Land" which consists of and includes all the public and private land located within 500 feet of the Affected Land as follows:' 1. That by January 20, '2001 the rear dwelling shall either be demolished or the ~itchen facilities will be removed therefrom to the satisfaction of the Planning Director of the City of Arcadia and thereafter said rear dwelling shall not be rented or used as a separate dwelling. 2. If this Covenant and Agretment is breached by Covenantors or their successors or assigns, Covenantee is hreby authorized to bring' an action in a court of competent jurisdication to enforce this Covenant and Agreement. In the event of such legal actions, Covenantors 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 Agreement, if this Covenant and Agreement is breached, the City of Arcadia may revoke M-80-170 3. Covenantors agree to notify their assignees and successors in interest in Affected Land of this Covenant and Agreement. ACA 4/80 Covenant & Agreement Rega=dt~g Gues~ House - 1 - ___.loc'-._ c, 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 be~efit 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 Cuvenantee 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 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 shown opposite their signatures. "COVENANTORS" Dated /)~r <:t 7, Iff I .Y /' Ale4 /: /2L, Dated (]#.-w.d~ jl / 1'11' I / ~~"j~~ Regina . Peck "COVENANTEE" City of Arcadia Dated '7-~ ~ /99/ 81.- 160432 ACA 4/80 Covenant & Agreement Regarding Guest House '- 2 - ,/ .--......... - ~ 'I v..( - . 160482 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 Januarv 27, 1981 , from or executed by ^lpx T. Peck and Regina L. Peck, Husband and Wife , 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 County; and the City of Arcadia consents to the recordation thereof by its duly auth ed 0 cers. ~ ~~- C{ty Engineer document thus described is orney , STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES before me, On this ~?'71 day of ;ff' If{, k k /7 c/,y '1~ ~;e-y , 19 1""/ , , a Notary Public in and for said County and State, personally appeared Alex T. Peck I 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. ~adtW Notarr P.,\lblic 1-3,:fY J t/. ..tJ-p~dw /'" /Zp, B~t'tpd'i OJ, (Vj) f/tJOk (Official Notarial Seal , e OFFICIAL SEAL M, NICKLEN ,NOTAIl'l' PUBLIC. CALIFORNIA LOS ANGELES COUNTY My comm. expllll JUL 21, 1181 ACA 10/79 Individual 81- 160432 v STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this ;l7'# day of d<?:7/V~,ey be fore me, ;p. ~tf.f ~n , 19 r- /, a Notary Public in and for said County and State, personally appeared Regina L. Peck. 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. a0~ Notary ~J,i,c /;nY ';0 .ff, A/w/.-1 /)vE'. /)If.'dl!dt C!, (l/) '1Nd{" (Official Notarial Seal . OFFICIAL SEAL M NICKLEN , " . NOTARY PUBLIC - CALIFORNIA , . : LOS ANGELES COUNTY My comm expire. JUL 26, 1981 ACA 10/79 Individual 81- 160432 .' STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On January 30 , 19 81 ,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 wlthin instrument on behalf of the Corporation herein named and acknowledged to me that such Corporation executed the same. I'IITNESS my hand and offlcial seal. Q) OFFICIAL SE~L ""'1 . .-.. , CHRISTINE VAN MAANEN Ii ~ 0, . ,: ~ NOTARY PUBLIC 4 CALIFORNIA II: LOS ANGElES COUNTY ..J;.;:;" My comm. expires JUN 27, 19B3 . ~.~-..--...4 UII rt, HlllIIIllfltn g'lvl, Arc.~II, CA i1006 ~7Ja/lt)~ Notary PubllC ACA 10/79 City Manager 81- 160482 , ...