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Home My WebLink AboutD-2176 v,,_ "'...... ~ -- - c:fI ~~llb RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA i U MIN. 8 A.M. JUN 10 1983' PAST. ' RECORDING REQUESTED BY AND \'/HEN RECORDED RETUR,,'\! TO: City Clerk, City of Arc<ldia P,O. Box 60, Arcadla, CA 91006 COVENANT AND AGREEMENT PROHIBITING RENTAL OF GnF:S'1' ROllSI': ILFEE $9 - P 1- t_ \-L 1_ FOR GOOD, VlILUlIBLE AND ADEQUATE CONSIDERATION in ~he form of modification of specified zoning restrictions by the Clty of Arcadia granted by the approval of M-83-5l receipt of which is hereby acknowledged, Ernest F. Bristol and Vivian E. Bristol, husband and wife, as joint 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 246 West Walnut Avenue and legally described as follows: Lot Thirty-Seven (37), Tract l2630, as per map recorded in Book 238, Pages 42 and 43 of Maps, in the Office of the County Recorder of said County "'.::, l:..!L...i I- '<: t:: u Cc J~ "" :r: -' u ;;: o ,..: " ;2 (j " 4/ Q 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-83-5l 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 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, 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-83-5l ACA 6/81 Covenant & Agreement Prohibiting Rental of Guest House -l- 3. Covenantors agree to notify their assignees and successors in 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 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 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" t..t...J~ By ..t$A.lt (-I ~4 ....... .zJ-,tZ Ernest F. Bristol - Dated Dated ,,_(,-;'3 By ~ ~ ~4z7-L Vivian E. Bri~tol "COVE NANTEE " Ci ty of Arcadia Dated ~4~? By G,~.{l#4- City Manaqer 83- 654457 ACA 6/81 Covenant and Agreement Prohibiting Rental of Guest House -2- . J'~ " '.\ jo STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES before On this ~ day of ~ me, f2J1/U~7/~ Yx~~ , 19 f?'3 , , a Notary Public in and for said County and State, g~cf A~ .. personally appeared , known to me to be the person whose name is acknowledged to me that subscribed ~ to the within instrument, and executed the same. WITNESS my hand and official seal. ~~~ Notary Public (Official Notarial Seal) OFFICIAL SEAL CHRISTiNE VAN MAANEN NOTARY PUBLIC. CALIFORNIA "" ' LOS ANGELES COUNlY " .... My "'mm, expires JUN 27 1983 . =-----"" '..J( 240 W, HuntinilOn Dnve, ""adia, CA 91006 ACA 10/79 Individual 83- 654457 On this :-,~~ ,day Of~ meaAL ?~ STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES before in and for said County and State, 7/~ c:~ person whose name is subscribed to me that ~ , 1993 , , a Notary Public personally appeared , known to me to be the to the within instrument, and acknowledged executed the same. WITNESS my hand and official seal. ACA lO/79 Individual ~~~ Notary Public 83- '654457 (Official Notarial Seal) ~... " ..? " Ii\. ' " ~ ,.. , . "t,;;,:;:;,?o --~'~ OFFICIAL SEAL if CHRISTINE VAN MAANEN II flJQTARY PUBLIC - CAUFQRNr". LOS ANGElES COUNlY My oomm, expires JUN 27. 1983 ~ --~... 240 W HunUngton Dflve, Madia, CA 91006 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On Q,p;1' P 4, undersign~ a Notary Public in , 19 $,3 , before me, the 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. 654457 i#~Z~~/ 83- Notary Public , , ~~.. OFFICI - ff;;f " _ CHRISTlN AL SEAL , ',. : NOTARY PU~LYt/IJcMALA, ANEN ;~:'J'!// t:ORI\i/ . ""'>y M LOs ANGELES CO A Y comm ex UNTY I4lI W -~. p"" JUN 27, 1983 , Huntfnaton DrIve . ......-.-..... . Mid", CA 91006 ACA 6/82 City Manager CERTIFICATE OF ACCEPTANCE 83- 654457 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 June 6, 1983 , from or executed by Ernest F. Bristol and Vivlan E. Brlstol, husband and wife, as joint tenants , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of A!cadia 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 the recordation thereof by its duly t%iI;;)t~~ City Engineer The document thus described is hereby Dated: c- 7, g) ACA /81