HomeMy WebLinkAboutD-2146
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,RECORDING REQUESTeD BY llND
'"-1'IllEN ru::CORDI:D 1'..ET U 1'..'1 TO:
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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
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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.
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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
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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
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Da ted
ci'-t7 ftl
,
By B'olh~t!/4i?
Acting 'City Maifager
81- 302515
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ACA 3/80 Covenant & Agreement
Fe Guest l.{ous.c
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STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
On this \\-\;h
before me, -~~,~
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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-
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302515
ACA 10/79 Individual
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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
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81-
302515
I
ACA 10/79 Indivldual
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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~~
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~ 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
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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:
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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
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before me, the undersigned, a Notary Public in and for said
Louise Park~
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.WITNESS my hand and offiCIal seal
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Signature
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MLlIt L NORTON
IOIAn PUIIIIC. CAlJfO_
SAIl DIEGO COUlflY
Ib c.mm. fIplIn 1IIr. 22. 1981
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(Thl~ area (or official notanal ~eal)
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COVENANT AND AGREEMENT ~
REGARDING GUEST HOUSE
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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
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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.
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Dated: Jan. 21. 1981
Imperial Savings and Loan Association
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81-
302515
By C~ J... /6..v~ ~ -
Jo S. Buchanan
Title Sr. Vice President
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d~y2~,
By
.( CORPORATE SEAL)
Louise Parks
Tit]e. ViC'.e President
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~ (CORPORATE ACKNOHLEDGHENT)
APPROVED AS TO FO~I:
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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
,
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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
/ ~ - - -"- ,~. - . ~
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".' as ZTrustee, recorded
___ _ _ .-7
First American Title Company o[ Los Angeles
Fehruary 15, 1979
as Inst-rument No..
, .
79-189028
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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
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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
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81-
THlc
302515
140'
By
(CORPORATI: S!:AL)
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(COPJ'Ol',ATJ: ACn:O:il.I:DC:-:r:, r)
Title
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APPROVED AS TO FOP.!'!:
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~ Cc~sent nnd Subordi~<!tion
Co~?or~te Sene:ic~2ry. Husband and Wife Trustors
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ACA 7/80
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