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Home My WebLink AboutD-2172 \ " /::I rr I' RECORDING REQUESTCD BY AND ll[CORDED IN OFFICIAL RECORDS \'iHEN RECORDCD RETUR,,'\! TO: RECORDER'S OFFICE LOS ANGElES COUNlY City Clerk, Clty of lIrc<ldia CALIFORNIA P.O. Box 60, ^rc3dla, ClI 91006 l' ~~~T. 1 P.M. APR 15 1983 i:a: cO\rBNANT AND AGREEMENT ~B REGARDING RECREATION ROOM if' FOR GOOD, Vl\LUlIBLE AND ADEQU1\'l'E COi,SITJEPJ\TI0N ill the form of modiflcation of specified zoning restrictions by the City of Arcadia granted by the approval of M-83-l1 receipt of which is hereby acknowledged, Arthur Henry Klein and ElizaBeth Louise Klein, husband and wife, as joint tenants hereinafter referred to collectively as "Covenantors", hereby declare .(1) they are the owners of that certain real property located in the City ~ of Arcadia, County of Los Angeles, State of California, commonly r~ known as 2615 Greenfield Avenue ~' ,'~ ~~ ,1 and legally descrlbed as follows: Lot 4, Tract No. l29l5, in the City of recorded in Book 270, Page 10 of Maps, County Recorder of said County, Arcadia, as per map in the office of the -~ -, i':j lJ !: ~~ z..: .:..:./ - U (j ;;:; 2 u ,) '" Q all of which aforedescribed is ~ereinafter referred to collectively as the "Affected Land", hereby E,gree and covenant with the City of Arcadia, a Municipal corporation (hereinafLer referred to as the "Covenantee") on behalf of and for the bent fit of the Covenantee's land, which is the public street and right-of-way adjacent and con- tiguous to the Affected Land, and on bBhalf of and for the benefit of the "Benefitted Land" which consists of and includes all the public and private land located within 500 feet of the Affected Land, K as follows: , , A.~:J l. That the Recreation Room on Affected Land shown On the site }UV plan for M-83-ll shall not be used as a dwelling,'sftft~~-fie~-~ ren~ed, shall not be equip?ed with any kitchen facilities, and shall not in any way be used as a living area for the adjacent rear dwelling unit. Subject room shall be used solely as a single recreation room of approximately 400 square feet to be utilized as such by the occu- pants of both dwelling units on the above-described pro?erty. 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, Covenant- ors 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-R1-11 ',,-~~ / , " ~', i,.' .... . 3. Covenantors agree to notlfy their assignees and successors ln interest in Affected Land of this Covenant and Agreement. 4. This Covenant and Agreement is for the benefit of the land of and shall inure to the benefit of the Covenantee and ltS helrs, 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 wri ting by the Covenan tee. , 5. The City of Arcadla in l~S capaclty as Covenantee and in its capacity as the legal representative of the resldents 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 pro- visions of this Covenant and Agreement. 6. If any section, subsection, sentence, clause, phrase or portion of this Covenant and Aareement lS for any reason held to be invalid or unconstitutional by~the decision of any court of competent jurisdiction, such decisions shall not affect the validity 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. Dated A;r.l I /9/"..1 " By dd~ N A::L. .. ' ~ t \.1.1 'I.'i -.3\1 V " ---J ..:I::. ~ 1 ~ I- ~ ~ N ~li "COVENANTORS" Dated /1-/--'-63 By ~J4oE& 83- 419953 4- 6'- d'3 "COVENANTEE" City of Arcadia By /~:~dM4 George Wa ts City Manaqer ' \ \ Dated -2- STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this 1st day of April , 19 83 before me, Janet Lynn Carter , a Notary Public in and for said County and State, personally appeared proved to me on the basis of satisfactory Arthur H. Klein and Elizabeth L. Klein eviden~e Jm~xt\~~ to be the person whose name is subscribed to the ~ithin instrument, and 1 acknowledged ,to me that they executed the same. WITNESS my hand and official seal. (Official Notarial Seal) OFFICIAL SEAL JANET LYNN CARTER NOTMY PUBLIC CAllFORP<iI~ PRmCJP...: OFFICE IN ~ LOS ANGClESCOUNTY My CommIssion EJplres Feb 10, 1987 ACA lO/79 Individual .. 83- ,419953 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On b ,l98'3 , before me, the undersigned Notary Public in and for said County and State, personally appeared GEORGE J. WATTS, known to me to pe 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. ~:dUR~L . Notary Public " ~"d.J e..... - OFFIqALSEAL , CHRISTINE VAN MAANE-' ~ ';: 0... - ,: NOTARY PUBLIC ~ CAlIFORrvl~ ,.,;.._ LOS ANGElES COUNlY My ~m. expires JUN 27, 1983 I ~ H'nIlnatan Drl;':kc.di~~;- --~--~---- .- --------- 83- 419953 ACA 6/82 City Manager . . ~cKTIYICATE OF ACCEPTANCE This is to certify that ~he i~terest in real property conveyed or transferred to the City of Arcadia, a ~llinicipal Corporation, by the deed, grant, conveyance or instrument dated April l, 1983' from or executed by Arthur H. Klein and Elizabeth L. Klein . is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of Arcadi~ 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 of Arcadia consents to ti,e recordation thereof by its duly a;t;;)(~ City Engineer The document thus described is hereby approved as to Dated: Lf-/;2- f'3 ACA /81 83- '419953 ~ , " \ .\ " . .. . ~. ~~ '.,~ -, <. (, " ., " , CERTIFICATE OF ACCEPTANCE 83- oV 448869 / This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a Municipal Corporation, by deed, grant, conveyance, or instrument dated March 7, 1983 from or executed by ANASTASIOS PAPPAS AND CAROLYN A. PAPPAS is hereby accepted by the City of Arcadia by the order or authoriza- tion of the City Council of the City of Arcadia by the order or authorization of the City Council of the City of Arcadia contained in Resolution 2963, adopted January 2l, 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 recorda- cion C~~f by ic. :::y auchorirod officor.. /~ ~~~ The document thus described is hereby approved as to form: '/7// 1!1~d 1/ ~ CITY~TORNEY Dated: April 2l, 1983