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Home My WebLink AboutD-2175 ., O~ ~OUI~ ?' RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 4' MIN, 8 AM JUN q 1983 PAST, . . ~"- i RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk, City of Arcadia P.O. Box 60, Arcadia, CA 91006 COVENANT AND AGREEMENT PROHIBITING RENTAL OF Grw.s'T' HOlTSF: I FEE $ l5.tnr pI q. 2.T. FOR GOOD VALUABLE AND ADEQUATE CONSIDERATION in the form of modification ~f specified zoning restrictions by the City of Arcadia granted by the approval of M-83-35 receipt of which is hereby acknowledged, George &inica, a married man,as his sole and separate property, and Eduardo H. Sinica, a married man, as his sole and separate property, as1joint tenants, hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain real property located in the City of Arcadia, County of Los Angeles, State of California, commonly known as 5U8 and 508-l/2 West Lemon The West half of Lot 69 of Tract 4869, as per map recorded in Book 52, Page l3 of Maps, in the office of the County Recorder of said County. EXCEPTING THEREFROM the Southerly lBO of Lot 69, Tract No. 4869, as per map Page l3 of Maps, ln the office of t~e said County, feet of the West half recorded in Book 52-, County Recorder oi- f'- ~ l~ l~ ~~ ~ 0 w U,J ~ - .'r:: '.0 C UJ .. :r ;:s.. (,), :?E , -- Q j &"': f i2/ U: ~) ",,', q; and legally described as follows: 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 con- tiguous 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 located within 500 feet of the Affected Land, as follows: l. That the existing guest house on Affected Land shown on the plot plan for M-83-35 shall not be used as a separate dwelling, shall not be rented, shall not be equipped with any kitchen facilities, and shall be for the sole use of members of the family occupying the main J;>uilding on Affected l,and. 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-83-35 ACA 6/81 Covenant.& Agreement Prohibiting Rental of Guest House -l- , . " J.J 3. Covenantors agree to notify their assignees and successors in 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 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 Benefltted 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 pro- visions of this Covenant and Agreement. 6. If any section, subsection, sentence, clause, phrase or portion of this Covenant and AGreement is 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. "COVENANTORS " Dated -b- 'f- r.:s By ~~:, '-Q , George Sinica Da ted :5 - .y - ? J By d/~ , C'~ Eduardo H. Sinica "COVENANTEE" City of Arcadia Dated ..r ;:$/-; S' , By ~#~ e'eorge Watts City Manaqer 83- 648074 ACA 6/81 Covenant and Agreement Prohibiting Rental of Guest House -2- 2> STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this ~ r--o/t/J day of --L11ay , 19 ~ , before me, .fd..yen J f1v;ne , a Notary Public in and for said 'County and State, personally appeared '. ~PrYJe S/n iCA...- person whose name is subscribed acknowledged to me that j, f' _ , known to me to be the to the within instrument, and executed the same. WITNESS my hand and official seal. ~ .. OFFICIAL SEAL KAREN J PAYNE NOTARY PUBLIC. CAlIFORNI,\ LOS ANGElES COUNTY My alnlm, expires AUG 1, 1986 ~a~ (Official Notarial Seal) 83- 648074 ACA lO/79 Individual ,;,. -, STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this 1ffi day of /tt~ #re YI "CT flv J// e I County and State, personally appeared , 19 f?3 before me, , a Notary Public in and for said EJuaycL, ,,-C; ;n "CIL , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that hP executed the same. WITNESS ,my hand and official ~eal. . .. . ~ ~~ OFFICIAL SEAL KAREN J PAYNE NOTAIlI' PUBLIC' CALIFORNIA LOS ANGELES COUNlY My romm, expires AUG 1, 1986 Jl ~y~ (Official Notarial Seal) 83- 648074 ACA lO/79 Individual ~ STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On -9-5 ; 19 8'? , before me, the undersigned, 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 acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. ~~~.:2.~ Notary Public ~ OFFICIAL SEAL ... . . CHRISTINE VAN MAAi'<EN en. : NOTARY PUBLIC. CAl1I="OR' 1..\ , LOS ANGELES CQu;n ,,,,..."" My eomm expires JL::~ 27, 19&3 --- >-- . -~-. +~ 24Q W. ~nlioi\ll..gRve, A<cadi.l,.CA.9l.llllli 83- 648074 ACA 6/82 City Manager ,; , \.Sl CQNSENT AND TO COVENANT /' SUBORDINATION AND AGREEHENT William Krisman and Erma G. Krisman, husband and wlfe, as joint tenants, as holdemof the beneflcial interest under that certain Deed of Trust and made as of October 26, 1982 Assignment of Rents (the "Deed of Trust") , , among George Sinica, separate property, and Eduardo H. Sinica, RP~~r~~~ rrnrort~ as Trustor , and First American a married .man as his sole and a married man as his sole and Trustee, recorded 82-l093554 October 29, Title Insurance Company 1982 , as Instrument as Number Los Angeles County Official Records, for and ln consideration of the acceptance for recordation by the City of Arcadia of this Covenant and Agreement, does hereby consent to the-execution and Modification M-83-35 Trust and to the lien of aforesaid Deed of Trust. Dated: /l)1I~ J~J , 19'63. APPROVED AS TO FORM: ~~-<V~ Ermat>'. risman ~~ MaLER m//l 83- 648074 City Attorney, City of Arcadia ACA 9/81 Consent and Subordination to Covenant and Agreement - Individual " , STATE OF CALIFORNIA ) ORANGE ) ss. COUNTY OF ~~ ) On this l2th day of May , 1983 before me, Frances J. Snyder , a Notary Public in and for said County and State, personally appeared Erma G, Krisman and Dersonallv , , 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. .:iA~ i- ~J Notary Pub ic (Official Notarial Seal) mmoo~.--_=mDa~De_~--l OFFICIAl SEAl FRANCES J. SNYDER @'NOTARYPU8i..IC'CALlFORNIA. PRINCIPAl OFFICE IN ORANGE COUNTY J MJ CcInm"""" up ...., II. 1!l83 eao-.a._.a__Q____ Ba- '", . J I, . 648074 ACA 10/79 Individual (/'3- 6 ~.P~}~ - . - " , 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 May 4, 1983 from or executed by Georqe Sinica and Eduardo H. Slnlca ;y , is hereby'ac'cepted 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 Ange'les 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 Ci t%i4 If ~ City Engineer , '. The document thus described is hereby Da ted: May 27, 1983 approved as to fOV' ~ ~ City Attorney ACA /Bl " , ! STATE OF CALIFORNIA ORANGE ss. COUNTY OF ~ On this , 1983 day of May 12th before me, Frances J. Snyder , a Notary Public in and for said County and State, personally appeared William Krisman and personally , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that executed the same. he WITNESS my hand and official seal. ,-1.uruA//} ~ ~ Naary Pu lic (Official ~otarial Seal) _oaee.._a=~_____ Q DFFICIAI.SEAl FRANCES J. SNYDER . NOTARY PlJ8UC . CALIFORNIA PR1NC/PAl OfFICE IN ORANGE COUNTY , My Comm_ [xp Nor Ii 1983 ' .-o-~mQ_____ee~e .' ACA lO/79 Individual c;' . ~<I"-- ':..7.CJ!'