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HomeMy WebLinkAboutD-2146 ~~-: ~ ~ ~ ~ "l: ~ '-C :r ~ ~ ~ '- ,RECORDING REQUESTeD BY llND '"-1'IllEN ru::CORDI:D 1'..ET U 1'..'1 TO: .~ cu- cJV~~.1\' j)jl'1\V Clty Clerk, City of Arcadla P.O. Box GO, Arcadla, CA 91006 COVENi\N'l' llND AGru:EHr.N'l' REGAIWING GUEST HOUSE IfEE$/~/~'RI /QJf5 V.> FOR GOOD, VALUABLE AND l\DeQUNI'E CONSIDERl\TJON in approval of Tentative Parcel flap No. 13171 (T.P.H. 80-2). the form of receipt of WhlCh is hereby acknowledged, Gene R. Herritt and l-w.ry E. Herritt, husb.::lnd and wife, hereinufter referred to collectlvely uS "Covenuntors", hereby declure they are the owners of that certuin real property located in the Clty of Arcadia, County of Los Angeles, State of Callfornlu, commonly kno\\ln as and legally described as follows: Lots 31 and 33 of F. A. Geier Tract, as per map recorded in Book 23, Page 40 of ~bps, in the Office of the County Recorder of said County, described as follows: Beginning at a point in the northerly line of said Lot 31 distant north 89036' East 179.168 feet along said line from the northwest corner thereof; thence north 89036' East along said northerly line 179.168 feet to a point; thence south 0024' East parallel with the westerly line of said Lots 31 and 33; 265.50 feet to a point; thence south 89036' West parallel with said northerly line 179.168 feet to a point; thence north 0024' West 265.50 feet parallel with said westerly line of Lots 31 and 33 265.50 feet to the point of beginning. EXCEPT that portion dedicated to street. I i '~ . I \I~( >- ,.., '" "" ~ => fD '" ~ E t3 co: '" :r: ,. u. 0 i= 0.. [2 " ,'> '" '" all of which aforedescribed is hereinafter referred to collectively as the "Affected Land", hereby agree and covenant ''lith the City of Arcadia, a Municipal Corporatlon (hereinafter referred to as the "Covenantee") on behalf of and for the beneflt of the Covenantee's land, which is the publlC street and right-of-w~y adjacent and con- tlgUOUS to the Affected Land, and on behalf of and for the beneflt of the "Benefitted Land" which consists of and includes all the publlC 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 T. P.M. 80-2 shall not be used as a separate dwelling, shall not be rented, shall not be equipped ,nth any kitchen facilities, and shall be for the sole use of members of the famlly OCCUPYlng the maln building on Affected Land. . 2. If this Covenant and Agreement is breached by Covenunto'rs or their 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, Covenant- ors or their successors or assigns shall be liable for the reasonable attorney's fees of Covenantee. That in addition to other remedles available by lall to the Covenantee to enforce thlS covenant and Agreement, if this covenant and agreement lS breached, the City of Arcadia may revoke -1- AO, 3/80 Covenant & Ag~cement Re Guest House 31 RECORDED IN OFTICIAl RECORDS OF LOS ANGElES COUNTY CA MIN . &W: 2 P.M.MAR.2; 1981 ---- Recorder's Office r.:;j , ." 3. Covcn~ntors agree to notlfy tllclr ilsslgnccs Lind successors in lnterest ln ~ffected Land of thlS Covenant and ~greement. 4. ThlS Covenant and ~greement lS for the beneflt of the land of Lind sh.J.ll inure to the benefit of the Covcnuntcc dnd its hCll:S, successors and assigns and is for the benefit of and shall inul-e to the benefit of all the Benefltted Lund Clnd the heirs, successors Clnd asslgns of the QllDers of the Benefitted Land, and this Covenant and Agreement shall run wlth the lund and shClll be binding upon the helrs, successors and Clsslgns of the Covenantors, and may be releused in writing by the Covenantee. 5. The Clty of Arcadla ln its capClclty as Covenantee and ln lts capacity as the legal representative of the resldents of the Clty of Arcadia and more particularly as the legal representative of all the owners of the Benefltted Land is hereby authorized to enforce the pro- vislons of thlS Covenant and Agreement. G. If any sectlon, subsection, sentence, clause, phrase or portlon of this Covenant and AClreement is for any reason held to be lnvalid or unconstitutlonal by the decislon of any court of competent Jurisdlction, such decislons shall not affect the validlty of the remalnlng portions of this Covenant and Agreement. IN \'lITNESS I-IHEREOF, Covenan tors and Covenan tee have executed this lnstrument on the date shown Opposlte their slgnatures. "COVENA1'lTORS" Dated-h (i.. (9(0 J,R~ Gene R. Merritt Dated ~ rd., rq'iD ~A~ t . ~1M.l:G Mary E. erritt Dated "COVENANTEE" City of Arcadia > Da ted ci'-t7 ftl , By B'olh~t!/4i? Acting 'City Maifager 81- 302515 . . ., ACA 3/80 Covenant & Agreement Fe Guest l.{ous.c -2- ,1-.- , -- STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this \\-\;h before me, -~~,~ "- in and for said County and day of ~N~~ ~~c-.--.. Sn:~~~, , 19~\ , a Notary Public State, personally appeared Marv E. Merritt. 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. OFFICLAl SEAL SHIRLEY lYNN SEXTON NOTARY PUBLIC - CAliFORNIA PRli~CIPAL OFFICE IN LOS ANGELES COUNTY My Comm",..n E,p Mar. 25, 1983 (Official Notarial Seal 81- I',l 302515 ACA 10/79 Individual '. cO . -.... '1 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this \~ day of -\. ~ \'"'-J~ , 19~, , before me, ~\.,\.uA L\~"" C:)(r-,~11'" . a Notary Public , , in and for said County and S ta te, personally appeared Gene R. Merritt, an individual , known to me to be the person whose name is subscribed to the wlthin instrument, and acknowledged to me that he executed the same. WITNESS my hand and offlcial seal. " @ OFFICLALS9l SHIRLEY LYNN SEXTON NOTAIn' PUBLIC - CALIFORNIA ~ PRINCIPAL OfFICE IN lOS ANGELES COUNTY , My Comm-- Exp Mar 25, \983 blic (Official Notarial Seal . , \ , 81- 302515 I ACA 10/79 Indivldual , j- STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) ,! On J-d-.,2. 7 ' 19.Y/ , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Georqe J. Watts , 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. \-lITNESS my hand and offJ.cial seal. ~t~~ . - ~ OFFICIAL SEAL .....,. CHRISTINE VAN MAANEN .. 0. . to NOTARY PUBLIC - C~L1FORNIA . .' LOS ANGElES COUNTY ~ ,..' My comm. expires JUN 27, 1983 ......,... ~.~ -.;-,--:;:=;:-<; 240 W, Huntington Onv., Arcad". CA 91006 ACA 2/81 Actinq City Mnn~npr 81- 302515 - -, , ; ~ . , . .....l... I , .- \. ' , " ~ ~, c c b ~ ,~. . ' CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a Munic1pa1 Corporation, by deed, grant, conveyance, or instrument dated July 12, 1980 , from or executed by ~ene R. ~erritt and Marv E. Merritt 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 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 recorcation thereof Py it duly authorized officers. ~?t~ City Engineer The document thus described is Oa ted: e9h7 k / / ney .' 302515 T0419"!J CA (8.7") .(Corporation) " , STATE OF CALIFORNIA COUNTY OF San Diego . i., 01' Jan. 21, 1981 State, personally appeared Tnhn ~ ,RI1l"'h;::m::an known to me to be the Sr. Vice ",' ,. , 'President, anrl ,.~ known tome to be Vice President _ ~ . ~ ~ of the corporation that executed the within Instrument, ~. known to me to be the persons who executed the withm ~ Instrument on behalf of the corporation therein named, and Iii. ~cknowledged to me that such corporation executed the withm instrument pursuant to its by-laws or a resolutIOn of Its board of directors. fig TITlE INSURANCE AND TRUST 81- } ~02515' A nCOA COMPANY 2 :1 before me, the undersigned, a Notary Public in and for said Louise Park~ -j' .J.,. .WITNESS my hand and offiCIal seal :, c+;:'~ " .J.. Signature ~QY~' , l' :f~\ .~ ....'!\ oman..... MLlIt L NORTON IOIAn PUIIIIC. CAlJfO_ SAIl DIEGO COUlflY Ib c.mm. fIplIn 1IIr. 22. 1981 . (Thl~ area (or official notanal ~eal) ,J......;.. " f ". COVENANT AND AGREEMENT ~ REGARDING GUEST HOUSE . ., '- 1mperial Savings and Loan Association , a California Cor~or3tion, as holJer of the bene-fieLll interest under that ccrt::Iin Deed of Trust ;lnd Assignnent I of Rents (the. "Decd of Trust"), made. <\5 of July 14, 1977 , among C~ne R. Merritt and Mary E. Merritt , Husb,lnd .J.nd \-.'ife as Trustors, and lmperial Corporation of America as Trustee, recorded July 28, 1977 , as Instrument No. 77-818150 Los Angeles County Official Records, for and in consideration of the gr.J!lt of the. Covenant and Agreement T.P.M. 80-2 described in this do each hereby (i) consent to the execution and delivery by Gene R. Merritt and Marv E. Merritt , to the City of Arcadia of thj s Covenant and Agreement , and (ii) covenant and agree that the interest of Imnerial Savings and Loan Association in and to Property, described in chis Covenant and Agreement , shall be subject and subordinate to the Covenant and A2reernent described in this Consent and Subordination and that said Covenant and Agreement shall be charges . t and encumbrances on aforesaid Property prior and superior to Imnerial Savin~s and Loan AssoC'.i~tion interests in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. .! IN WITNESS "~EREOF, Imperial Savings and Loan Association has i executed this Consent and Subordination to this r.nvpn~nt ~nn AgTP-pmp-nt on the date written below. I . .' . Dated: Jan. 21. 1981 Imperial Savings and Loan Association ~, . , . ,. 81- 302515 By C~ J... /6..v~ ~ - Jo S. Buchanan Title Sr. Vice President . . d~y2~, By .( CORPORATE SEAL) Louise Parks Tit]e. ViC'.e President '''':l" ~ (CORPORATE ACKNOHLEDGHENT) APPROVED AS TO FO~I: . / of Arcad ia Consent and Subordination Corporate Bcnefic~ary s Husband and Wife Trustors ACA 7/80 " (cOrporation) COUNTY Oil J J &S.3?2515 d /f' before me, the undersigned, a Notary Public In and for said ",'';' State, personally appea cP'"C", j/;7;.--v U/ .,( V.tZ# ~'*' L::>. E ~~'C-.s I '/ il.~"'t'/f!"i. .h1A;'t';tJ.'f e~ / -r. . ... , kno~:t'O to me to be the 1! .h.R anrt AAd ~~A!A//~A5 /J~hUft ~ known to me to be S.cCf'.ttaF)' 'C..~ of the corporatIOn that executed the within Instrument, ~ known to me to be the persons who executed the withm ~ Instrument on behalf of the corporation therein named, and .Ii , acknowledged to me that such corporation executed the '~ wlthm Instrument pursuant to its by.laws or a resolution of ..,. - Its board of directors . . WITN ESS my hand and official seal , ':;.'" .' TO 194!1 CA (8-7") . ....~ Signature ~~~~~ _gTlTlE INSURANCE AND TRUST Cd A nCOR COMPlUfV OFFICIAL SEAL ARA M, TAYlOR NOTARY Pl!BUC - CALIFORNIA LOS Al~GELES COUrHY My comm. expires NOV 23, 1982 (Thll area lor official notanal seal) ,'. COVE:;,\.,;T .\.';D AGREE::I::\T RrCARDr::C r:t:rST HOl'SE r Pasadena School Employees Federal Credit Union ') a_.C~l!:f~rnia iCorporatio_~,.') as holder" of: the_ benerifial'in~erest,:..unde~, that",,<:itain De_ed' ,of..<Tiust,an~ Ass:j.gntllent... ! ~- - - " of Rents' (the~ ;'D~ed~of <Tr~st")'; .made'~a;' Of1~, January 31, 1979 "among - ' ~ ,.-. .' - :- Gene R. Herritt and ~l;)ry E. Hern,tt . Hu,;band arid Wi'fe ~s Tr';stors, and / ~ - - -"- ,~. - . ~ - ".' as ZTrustee, recorded ___ _ _ .-7 First American Title Company o[ Los Angeles Fehruary 15, 1979 as Inst-rument No.. , . 79-189028 . ' Los Angeles County Official Recoids, for and in consi"deI'a(ipp, <;>f":the grant~of."the.: - - - /- , - -..- ., - --- .........,.-. T.P.H. 80-2 2.escribed" In this - Covenant and Agreel,ient d,o: each'~hereby," (i) consent to theexecuti6n, and delivery,by'Gene R. Merritt and ,-../ . - ~ Harv E. HerrHt . to the ~itY"oCi\):,cadia:,.of, tl:!,is Covenant and Agreement , and (ii) COVc.l1.Jnt 2nd .J.g[C'c tl1.J.t the interest of Pasadena School Employees Federal Credit Union in and to Property) described in lhlS Covenant and Agreement J shall be subJ~ct and subordinate to the Covenant and Agreement descri.bed ~n this Consent and Subordination and th3t said Covenant and Agreement shall be charges 2nd encU'~brrtl'ccs on afor~s3id Property prior and superior to Pasadena School Employees- Federal Credit Union's interests in aforesaid Deed of Trust and to the: lien of afores31d Deed of Trust. . IN HlT;~ESS ,,'HE~Or. Pasadena School Employees Federal Credit Union has (' l executed thJ.s Consent <!'1d Subordin<!tion to this r.nupn:::.nt" :::.nn As,...ppmpnt" on the date \o.rritte.n belo...... Da t ed : J- -(~'17 Pasadena School Employees Federal Credit Union By ._~-~.., ~-r - ~ 81- THlc 302515 140' By (CORPORATI: S!:AL) :- (COPJ'Ol',ATJ: ACn:O:il.I:DC:-:r:, r) Title ~ . , APPROVED AS TO FOP.!'!: ~ . .- . " , ~ Cc~sent nnd Subordi~<!tion Co~?or~te Sene:ic~2ry. Husband and Wife Trustors . ~ ACA 7/80 " ..