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HomeMy WebLinkAboutD-2147 ,. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: K~t:URDED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY CA 31 ~t 11. A.M.MAR 3i 1981 ~ City Clerk, City of Arcadia P.O. Box 60, Arcadia, CA 91006 Recorder's Office COVENANT AND AGREEMENT REGARDING GUEST HOUSE I FEE $ :2 \ ~L 1 r> FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION in the form of variance of speci- fied zoning restrictions by the City of Arcadia granted by the approval of V80-2 , receipt of which is hereby acknowledged, IRVING F. and LAVETA L. EDWARDS , Husband and Wife, hereinafter referred to collectively as "Covenantors," hereby declare they are the owners of that certai~ l.eal property located in the City of Arcadia, County of Los Angeles, State of California, commonly known as 637 West Lemon Avenue , and legally described as follows: J ~ ~ \Q ~ ~l That portion of Lot 43 of Tract No. 4869 in the City of Arcadia, as per map recorded in'Book 52 Page 13 of Maps, in the Office of the County Recorder of said County, lying Southerly of the Southerly line of Tract No. 15033 as per map recorded in Book 624 pages 90 to 92 inclusive of maps, in the Office of the County Recorder of said County. EXCEPT therefrom the ~est 65.00 feet of said lot. f f I~ \i~1 I >- .... '" '" ~ S t.l - I:G ~ w :: u. ~ \J c: -- ;0.: g .' <>.' ... :g, e 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 'contiguous to the Affected Land, and on behalf of and for the, benef it of the "Benefit ted 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 October 30. 1981 the rear dwelling shall either be demolished or the kitchen 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 Agre.ment is breached by Covenantors or their SUCCfssors or assigns, Covenantee is hereby 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 V80-2 3. Covenantors agree to notify their assignees and successors in interest in Affected Land of this Covenant and Agreement. ACA 4(80 Covenant & Agreement Regarding Guest House - I - -~ T;- "", ~ -~ LOS ANGELES COUNTY B5GORDER"S OFFICE . i- 227 N. Broadway. Los Angeles, CA 90012 974-6611 RECORDING RECEIPT MAR 3 1 1981 DOCUMENTS RECEIVED FOR RECORD ON ASSIGNED NO. (S) FEES PAID RECORDING: TRANSFER TAX SURVEY MONUMENT: TOTAL $ 76R198 -15-P$ 7f79 81-, 324937 --m''''':=> )/~~ INCL. $ BY DEPUTY 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 provisions of this Covenant and Agreement. 6. Covenant dec ision validity If any section, subsection, sentence, clause, phrase or portion of this and Ag~eement 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 / - 9- 6' / 9;~ ~ ~~g rtVing F. dwards '/:,I ',-~ _<~v.e /.fr::~ ~ A..rc-J1t!-- V Laveta L. Edwards ,/ " "COVENANTEE" City of Arcadia Dated /- '1- '0 Da ted J~0;i/ I ' ~ / By, _ //pA4 ,S;eorge~J .,9tts 'Acting 'City Manager ACA 4/80 Covenant & Agreement Regarding Guest House - 2 - 81- 324937 , . J '. .' '} , , CO~SE~T ~~D SL~ORDI~ATIO~ TO THIS COVE~ANT ,'u~D ACREE~!ENT CROCKER NATIONAL BANK t a California Corpor3tion, herei.nafter referreu to as "Corporation", as holder of the hene.ficial inter~st under th..lt certain De-cd of Trust and Assignment of Rents (the "Deed of Trustl1), made as of AU(~ust 7, 1979 IRVINC F. and LAVETA L. EDWARDS , among as Trustors, and CROCKER CUSTODY CORPORATION as Trustee, re~orded Au~ust 9, 1979 , as Instrument No. 79-879365 Los Angeles County Official Records, for and in consideration of the grant of the Variance descrioed in this Consent and Subordination, do each hereby (i) consent to the execution and delivery by IRVING F. and LAVETA L. Em,ARDS , to the City of Arcadia of this Covenant and Agreement; and (ii) covenant and agree that the interest of Corporation in and to Property, described in this Consent and Subordination, shall be subject and subordinate to this Covenant and Agreement, and that said Covenant and Agreement shall be charges and ~ncumbrances on aforesaid Property prior and superior to Corporationts interests in atoresaid Deed of Trust and to the lien of afore?aid Deed of Trust. IN WITXESS \<HEREOF, CROCKER NATIONAL BANK has executed this Consent and ~ , Subordination to this Covenant and Agreement on the date written below. Dated: kAble-II 9. I '7? ( CROCKER NATIONAL BANK By G~ ~ A4-- Title Ilrs/l77W7' VICE 'fUS;llhJ I By lej A':!,VY.:.A.JJ (CORl'ORATE SEAL) Title ill vz. (CORl'ORATE ACKNO',;'LEDG:IENT) \ of' Arcadia Cons~nt and Subordination 81- 324937 ACA 1/81 ,,',..:,: .\~;~,'; ~.;,:: _ ~;.' ~J i~:~;::~~~~..:.~~;~.;."r:';, ~':'~.~:~.:....;.~~~';'~:;~.:~', ..'1:.,\-';~; ~ ~ ,".~-. "~-" '. ---,.:-~, - ' . -q~_~",~~~;.J'.}l, ,,-4;.........~!...-~.:~.A:~. ';.'}.9,~""-~" ,,-:~.. ~""Il! '~'''''!~';R~11d~~n~~..~~<So-Z'~''''',.:'~.~p~'':~'lo!:~';,';<~'''1.:J.'~-';'''--'' >~;. .",;. > ~"'_. ,~_:' '" .. . . ",', _' ~.- ",'A ~ ~. ~ ......_~. '_~'-;.g.1-,~H."",'~,,-,-""""'''~'~::'' ~~. , it.' ./ " ..'......_"\1........:...1_....:....~~-'~ ..' '- ,.,~ .,-,: 81- 32493i TO 19"15 CA. 10 7"1 titiflnn.e INSURANce AND TRUST (Corporation) } SS t STATE OF CALIFORNIA COUNTY OF Los Angeles Of'l MAr~h Q J 1 QRl before me, the undersigned, a Notary Pubhc in and for said State; personally appeared ERWIN C HORTON known to me In be the ASSISTANT VICE VICE PRESIDENT '...." ATleo.. COMPANY President, an.-l S SANDERSON w . w X '" ~ ~ . " en OFFICIAL SEAL GLENDA PARTRIDGE NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My comm. expires MAR 13,'1983 ~ Slgn..lturc (This area for official nOlanal scal) .. .-...-...- -...--..-...... -~.~.' '-"- -,,; TO IlJ45 CA 18.".. dfljjnTLE INSURANCe AND TRUST (Corporation) STATE OF CALIFORNIA COUNTY OF } SS. Ii neo.. eOM,.,.,NY t Of! before me, the undersigned, a Notary Public to and for said State, personally appeared known to me to be the President, anri "-nown to me to be Secretary of the corporation that executed the Within Instrument. "-nown to me to be the persons who executed the With," Instrument on behalf of the corporation therem named, and adnowledged to me that such corporation executed the \\, Ilhin Instrument pursuant to Its by-laws or a resolution of Its board of dlfC:ctors. WITNESS my hand and official seal w . w X w ~ ~ . " en t Signature '.' STATE OF CALIFORNIA fI' COUNTY OF Sacramento ,....- ~ OIl March 20.. 1981 before me, the undersigned, a Notary Public 10 and for said t~. State, personally appeared . Gordo~ S. Stockwell J' , . known to me to be the ReCllOnal V,ce President, and S;ol[. 'Forsythe ~. knnwn to me to be Loan"ProduCt i on SUOellll\;lciialf ~ of the corporation that eX~cuted the within Instrument, l~ known to me to be the persons who executed the within '~ Instrument on behalf of the c:orporatIon therem named, and Iii acknowledged to me that such corporatIon executed the I within instrument pursuant te) its by-laws or a resolution of ..., ..Its board of directors. , ;' WITN ESS my hand and official seal \ (~~~ TO 19.045 CA (874) (Corporation) }~t- Signature 324937. IIIgTlTlE INSURANCE b AND TRUST A TlCOR COMPoIUfY '- o . OFFICIAL SEAL BilLIE J VANDEVERT NOTARY PUBLIC - CALIFORNIA SACRAMENTO COUNTY My comm, expires MAR 2, 1984 ~ (ThIS area for official notarial lICal) CONSENT AND Su~ORDINATION TO THIS COVENANT AND AGREEMENT EVANS FINANCIAL CORP. ,a Washington Corporation, hereinafter referred to as "Corporation", as holder of the beneficial interest under that certain Deed of Trust and Assignment of Rents (the "Deed of Trust"). made as of December 15, 1980 , among IRVING F. EDWARDS and LAVETA L. EDWARDS as Trustors, and FIRST AMERICAN TITLE INSURANCE COMPANY as Trustee"'" for and in consideration of the grant of the .' Variance described in this Covenant and Agreement, does hereby (i) consent to the execution and delivery by IRVING F. EDWARDS and LAVETA L, Em-lARDS , to the City of Arcadia of this Covenant and Agreement; and (ii) covenants and agrees that the interest of Corporation in and to Property, described in this Consent and Subordination, shall be subject and subordinate to this Covenant and Agreement, and that said Covenant and Agreement shall be charges and encumbrances on aforesaid Property prior and superior to Corporation's interests in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. IN WITNESS WHEREOF, Corporation has executed this Consent and Subordination to this Covenant and Agreement on the date writt?n below. Dated: March 20. 1981 (CORPORATE ACKNOWLEDGMENT) Manager (CORPORATE SEAL) APPROVED AS TO FORM: Arcadia J' . . '; .- -.' ': Consent and Subordination Corpora te Beneficiary ACA 1/81 -,. c " F( - ;}>f!37 c, STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 9th day of Jann,,'"Y , 19.81 before me, R. H. Bronstori , a Notary Public in and for said County and State, personally appeared IRVING F. EDWARDS, 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. 81- 324937 ~~~ f Notiry Public (Official Notarial Seal) ;............................. .~ OFFICIAL SEAL . : R. M BRONSTON : ." . NOTARY PUBLlC,CALlFORNIA . : LOS ANGElES COUNTY : . ,11' My CommIssion Expires April 6 1984. .............o.~ooo..........: ACA 10/79 Individual .-' STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 9th day of January , 19 81 before me, R. M. Bronston , a Notary Public in and for said County and State, personally appeared LAVETA L. EDWARDS, 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. ~ ~~ztu Notary Pclt'lic (Official Notarial Seal ......~oooooo~.oo.o.o......... :~ OFFICIAL SEAL : . R, M, BRONSTON . : . NOTARY PUBLlC,CALlFORNIA : . LOS ANGELES COUNTY . : \ My Commission Expires April 6, 1984: ....o.oo.ooooo~.oooo..o....... ACA 10/79 Individual 81- 324937 ,c STATE OF CALIFORNIA ) ) ss. COUUTY OF' LOS ANGELES ) On March 26 ,1981 ,before me, the undersiqned, a Notary Public in and for said County and State, personally appeared George 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 acknm,'ledged to me that such Corporation executed the same. IVITt-JESS my hand and official seal. ,~~ Notary Public ~.. OFFICIAL SEAL I . CHRISTINE VAN MAANEN ~ en.~' ; ~ NOTARY PUBLIC. CALIFORNIA , ~ LOS ANGELES COUNTY , . M, comm. ..p"" JUN 27. 1983 ~- 240 W. Huntington Drive, Arced!., CA 91008 <C'. ACA 2/81 ACTING CITY MANAGER 81- 324937 " ,/ , 81- 324937 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 January 9, 1981 , from or executed by IRVING F. and LAVETA L. EDWARDS. husband and wife , 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 of Arcadia consents to the recordation thereof by its duly authoriz ~Jt~ City Engineer The document thus described is hereby approved a , orney