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Home My WebLink AboutD-2166 O~- 1~t.JFw~H RECORDED. IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNlY CALIFORNIA 2 P. M JUL 15 1982 - ?.ECORDI::r, 7.E:Ot:ES:-~D BY l;::D \':I--!E:: P.ECC~DSD 'L\IL 70: Clt.: Clcr<.: Cl.t? 0:: r\rc.J.c.LJ. P.O. Box GO ~rc~dl~, C~ll:ornl~ 91006 11 MIN. PAST. covc;-mNT !\NO AGREENCNT . fFEE $ Ilf~ R~ ~ .f')- FOR GOOD, VALUABLE AND ADEQUATE CONSIDEfu\TION for the grantlng of M 81-74 , receipt o~ which is hereby acknowledged, BADE CONSTRUCTION CO., Inc., as to an undivided one-half interest and JABO INVESTMENT CO., Inc., as to an undivided one-half interest o ~ hereinafter t'eferred to as "Covenantors", hereby declares they are the owners of th~lt certaln real property located in the City of Arcadia, County of Los Angeles, State of Californla, legally described as follows: ~ '" t '" ~ ~ '" "" II '<\. " \,,) ~ <S <:: '- Lot map the 1 of Tract 39239 in the ~ity of Arcadia, as per recorded in Book 980 Pages 32 and 33 of Maps, in office of the County Recorder of said County ,.J ~ ~ ,it _ _____-.--- c::::: ;::l; ~------.-- l..J g /' ~ a' \- ( ~ ~: , u" z o r.:: .,1 "- '" u " w c all of which aforedescribed is hereinafter referred to co11ectivelv.as the "Affected Land", hereby agree and covenant with the City of Arcadia, a Municipal Corporation (hereinafter ref.erred 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 "Benefitted Land" which consists of and includes all the public and private land 10cat2d within 500 feet of the Affected Land, as follows: 1. That the garage on Affected Land shown on the plot plan for M-81-74 shall not-be used as a separate dwelling, shall not be equipped with any kitchen facilities, and shall be for the sole use of members of the family occupying the main building on Affected Land. ,- 2. If this Covenant and Agreement is breached by Covenantors 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, 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 ~evoke M 81-74. \. < in 3. Covenantors agree to notify their assignees and successors interest in Affected Land of this Covenant and Agreement. 4. ThlS Covenant and Agreement is for the benefit of the land of and shall inure to the benefLt of the Covenantee and 1tS heirs, successors and assigns and is for the benefit of and shall inure to the beneflt of all the Benefitted Land and the helrs, successors and assigns of th~ owners of the BeneE1tted Land, and this Covenant and Agreement shall run \vith the land and shall be blndlng upon the hel.rs, successors and asslgns of the Covenantors, and may be released ln wrlting by the Covenantee. 5. The City of Arcadia in its capaclty as Covenantee and ln 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 Benefltted Land is hereby authorized to enforce the pro- visions of this Covenant and Agreement. 6. If any sectlon, subsection, sentence, clause, phrase or port10n of this Covenant and Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent ]urisdictlon, such declsions shall not affect the validity of the remaining portions of thlS Covenant and Agreement. IN I'iITNESS IVHEREOF, Covenantors and Covenantee have executed this lnstruwent on the date shown opposite their signatures. "COVENANTORS" Bade Construction Co., Inc. Dated July 6, 1982 p(!{{1{;;;!, /!L r~)t/~~ / Secretary (Corpora1:e Seal) Dated July 6, 1982 JABO Investment Co., Inc. Dated July 6, 1982 -~~ ~((l~ ~)::( S etary ~ (Corporate -Seal)" , , " ~ ~'''. .... ,'.,J , ( Dated July 6, 1982 co Da ted ~~- "COVEt;Al<TEE" City of Arcadia BYG'~~~ City Man ger //, ,- " " , 82~ 713292 -2- - STATE OF CALIFORNIA } ) 55. COUNTY OF LOS ANGELES } July 6 , 1982 , before me, On Sharon O. Lee , a Notary Public, personally appeared M~lton C. Bade & Patr~c1a A. Bade, Personally known to me to be the President and Secretary of the corporation that executed the within instrument on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. 1IIa8Ia". ......~aUlUlnau.II.IRI...UI.. ~ SHARON O. LEE j- .' NOTARY PUBLIC.cALlFORNIA PRINCIPAL OFFICE IN L05 ANGELES COUNTY M, Comm~1S1on Expl.... Juno 26. 19M UAllDlulmlUuu...... t ~lJJAe;u ~ Notary Pu l'c (Official Notarial Seal) ACA 10/79 Corporation 82- 713292 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES y On July 6 , 19 82 , before me, Sharon O. Lee , a Notary Public, personally appeared William J. Owen and John A. Owen, personally known to me to be the President and Secretary of the corporation that executed the within instrument on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. ;Q.......uu-..UU.UUII....,......n...nll.. I SHARON O. LEE ,. I.' NOTARY PUBlIC-GAlIFORNIA ~ PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Comm~"lon Elplre. June 26, 1884 J ..........I&'.....,II....o...n..o...... t ) ILtthrnu tJ .8/1 Notary Pub ic (Official Notarial Seal) ACA 10/79 Corporation 82- 713292 / STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES , 19 &--z;,--, before me, the undersig otary 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 acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. ~;;;~ Notary Public ~~.. OFFICIAL SEAL , CHRISTINE VAN MAANEN ';. 0., _.: NOTARY PLJBUC - CALIFORNIA , Y , LOS ANGElES COUNlY ~ ..~. My comm expires JUN 27, 1983 ~..-..:..~. .....-:;-.. - ZAO W. IluntlnilDn Orive, Arcadia, CA 910'06 82- 713292 ACA 6/82 City Manager CONSENT AND SUBORDINATION TO COVENA.,,\lT AND AGREEHENT William T. Beckwith and Anne S. Beck\vith, husband and wife, as carnnunity property as holder of the beneficial interest under that certain Deed of Trust and Ass1gnment of Rents (the "Deed of Trust"), made as of July 2, 1979 , among Bade Construction Co., Inc., as to an undivided one- -1lalf ihh::.r{'u~f- ;:mrl ,i;lh-., Tnuoc-+--tnc.nt Co , Inc !lE t,g 3:R. l..1IlGividod aRC ffilf in+-cn"'pcr as Trustor, and Law Center CamJany, a California corroration as Trustee, recorded August 31, 1979 , as Instrument Number 79-978786 , Los Angeles County Official Records, for and in consideration of the acceptance for recordation by the City of Arcadia of this Covenant and Agreement, does hereby consent to the execution and d 1. b Bade Construction Co. Inc. as to an undivided 9ne-half in...... th C' t e 1very y t-prpM :tnn irihn t,mlP"hnpnt- rn Tn... ri" t-n rin nnrhuj"",-'l , ,-0 e 1 y one- .l ill eres' , of Arcadia ot t 1S Covenant and Agreement, and agree that the 1nterest of William T. Beckwith and ]mne S. Beckwith, husband in and to the Property des- ana wife, as =mlun~1:V proper"EV cribed in said Coven~nt and "Agreement, shall be s~bJect and subord1nate to said Covenant and Agreement, and that said Covenant and Agreement shall b~ c~arges and. encumbrances on aforesaid Property prior and superior to W1111.am T. BeckYl1 th and Anne S. Beckwith, husband. . . and wifp, ri" "",mmnity ['rn"",r--~, 1nterests 1n aforesa1d Deed of Trust and to the lien of aforesaid Deed of Trust. Da ted: i {A....j 1v / , 19 J . 82- 713292 ~~A.. T, f)..M/~ william T. Beckwith a;lJ?1-U 1 ftJ-U'J....;~-Lt.) A'1IJe S. Beckwith APPROVED AS TO FORM: of Arcadia ACA 9/8l Consent and Subordination to Covenant and Agreement - Individual STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this ~~O#, day of JVJJE , 1982 before me, /1Ar< I AN I. $PAULDINC , a Notary Public in and for said County and State, personally appeared \JJ,LlIAM ,.BECIo!.<<Jrt"H ,pJ> ANNE:. S. BECi<-w/"n{. , known to me to be the A<1G' personS whose name~rs subscribed to the within instrument, and acknowledged to me that TUEV executed the same. WITNESS my hand and official seal. 82- 113292 (}n~ j) ~"I///~ Notary P 1ic : (Official Notarial Seal) OFFICIAL SEAL Mar/an I. Spaulding NOTARY PUBLlC.CALlFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires Aug 9, 1985 ACA 10/79 Individual CERTIFICATE OF ACCEPTANCE ..........~,,:; This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a ~!unicifal Corporation, by the deed, grant, conveyance or instrument dated July 6, 982 ' , from or executed by Bade Construct~on co., Inc. ana Jaoo LnVeSDm~nt Co., Inc. , is hereby aceepted by the City of Arcadia by the order or authorization of the City Council of the City of A!cadi~ contained in Resolution No. 2963, adopted January 21, 1958, ~nd 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 of Arcadia consents to the recordation thereof by its duly ~?t~ City Engineer The document thus described is hereby approve~ ~ ~ Dated:--Ou1 " /filL City A~ ACA /8' . - ~