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HomeMy WebLinkAboutD-2183 .. .' '.. o I " .' 83- 984377 "-', CERTIFICATE OF ACCEPTANCE . . "l This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a ~ronicipal Corporation, by the deed, grant, conveyance or instrument dated August l, 1983' , from or executed by Jack K,' Wllliams_and_Hazel P~arson Williams, husband and "wife 7 T T -'I j , 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 of Arcadia consents to the recordation tllereof by its duly ~/f~ City Engineer 1 The document thus described is hereby approved ih r ~ City Attorney "'1 it - ~&-~~ Da ted : ACA /81 .' ~ , _. ~ - . - '~~--"'~~'L"=-"".r.-":'~'''''''..;;!';'-'U~''~~;~....''7~t''-''':II-~~",*jl.,'''''-__ =~~-~~:~ 0\1 ;Jo'ttJ" <6 ~ 'J).-J.. ! r ~ .J~~_,.", RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA City Clerk, City of Arcadia P.O. Box 60, Arcadia, CA 910 611 ~~~T, 1 P.IL 'AUG 241983 -I I ! i , RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: lFEE $9 i l COVENANT AND AGREEMENT " FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION in the form ,of modification of .specified_zoning_ restrictions_by,.the.,City- , ' of Arcadia granted by the approval of M-83-83, receipt of which is hereby acknowledged, ,Jack K. Williams and Hazel Pearson Williams, husband and wife, 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 300 West Norman Avenue, legally described as follows: "i;, Lot 32 of Tract No. l0928, in the City of Arcadia, County of Los Angeles, State of California as per m?p recorded in Book 19l, Pages 1 and 2 of Maps, in the" office of the County Recorder of said County. EXCEPT the Southerly l80 feet of said lot which is now a portion of Tract No. 24140 as per map recorded in book~ 696, pages 91 and 92 of Maps, in said office of ~he, county recorder 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 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 garage and storage rooms on Affected Land shown on the plot plan for M-83-83 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 ~heir successors or assigns, Covenantee is hereby authorized to bring an action in a court of competent jurisdiction to enforce ~his 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 M-83-83. 3. Covenantors agree to notify their assignees and . successors .in interest A,n -Affected.-Land ,of-this-Covenant and Agreement. J , 4. This Covenant and Agreement is for the benefit of the land of and shall inure t~ the benefit of the Covenantee and its heirs, ,successors and ass;i.gns and is for the benefit of and shall in~re to the benefit of~ll the Benefitted Land and the heirs, successors and assigns 'of the owners of the Benefitted Land, and t~is~cov~nant 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. " , " N:A 7 /83 Covenant and l\greenent Prohibiting Pental of Guest House :. -l- /1(1) j~~ ! .l '~ I~ >- S '" ,_ a l~ :..:l I- -" r.~ ~ L: ~', u. z () ~::. o. ,,, ~3 '" ~.~ r. " " '^' 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. 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: 41 'f3 / ~/g3 I ~ .~ Dated: By "COVENANTEE" City of Arcadia Dated: g~s- IPs By G<~~~ City Manager 83- 984377 " PeA 7 /83 'Covenant and J\greaoent Prahibi ting Rental of Guest House -2- . ~ / STATE OF CALIFORNIA 1 ) ss. COUNTY OF LOS ANGELES ) 3 day of y 19J13, , a Notary Public On this before me, 'OR RAINE M, WEHLACZ in and for sail County and State, person~llY appeared ol-9<[K~ Mllu.u5 .4A/r/ 4dLd46nown to me to be the acknowledged name is subscribed to the within to me that ~ executed the instrument, and person whose same. 'WITNESS my hand and official seal. I ~ ~ OFFICIAL SEAL LORRAINE M WEHLACZ NOTARY PUBuC ~ CAliFORNIA LOS ANGElES COUNTY My comm, oxpires MAY 23, 1985 Notary Public (Official Notarial Seal) 83- 984377 " , . . STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On t:~ /t " 19 f'.,j.. , before me, the undersigned, a Nary 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. r------------------a--l . @ OFfICIAL SEA:. I CINDY L. ROWE . _ HOT AR'{ PUBliC - CALIFORNIA PRINCIPAL OFFiCE IN . LOS ~NGE1ES COUNTY ~ I I M, CommiSSIon E>p, Sept 30. 1983 . L____CD___m'~ ':::I.:;u~CSlCllr:lG_IllI.I ....,..JJ B3- 984817 ~, ,~ ~ ~;,:. . ',: ACA 6/82 City Manager ''';::t~ ;:<~ \ \ . :.~~.g-~ ~ .."; , . :. -~ ~../:: -;- ~~ .~~::~~:~;.. . ~ r- _ -'- .."!..>. ,....:..l.: ... ~ ;",~~~" .;;t C .,~"+ '~.~.~ ~~~~~~;j.:~t~;;~~~1 ., , .1 ~b~TN\~FO~AlIFORNIA LOS ANGELES On AUGUST ll, 1983 &1- 984377 ss , before me, the undersigned, a Notary Public In and for ~ saId State, personally appeared CAROLYN K. RAPONI WILLIAM J. TIlCMPSON , personally known to me (or proved to me on the and basIs of satisfactory eVIdence) to be the persons who executed the Within Instrument as SR. VICE Pres,dent and ASSTSTANT Secretary, on behalf of HCME SAVINGS OF AMERICA r,A . , 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 W,,"~ ~_._. . Slgnatur. '- / Ju AI L ,i(' 4.-e.V DERICK- L. HILL SF..259 (REV C 7/82) (eA) (CORPORATION) C\ ~").- I OFFICIAL SEAl RODERICK L. Hill NOTARY PUBLIC CALIFORNIA PRINCIPAl OFFICE IN LOS ANGELES COUNTY My Cemm,,,i.. E.p, Apr 26, 1987 (ThiS area for offiCial notanal seal) , ~ CONSENT AND SUBORDINATION TO THIS COVENANT AND AGREEMENT Home Savings of America, a Federal Savings and Loan Associatlon, a Californla corporatlon, herelnafter referred to as "Corporation," as holder of the beneficial lnterest under that certain Deed of Trust and Assignment of Rents (the "Deed of Trust"), made as of January l7, 1983, among Jack K. Williams and Hazel Pearson Williams, husband and wife, as Trustors, and hereinafter referred to as "Trustors," and Serrano Reconveyance Company, a California corporation, as Trustee, recorded February l, 1983, as Instrument No. 83 l28004, Los Angeles County Officlal Records, for and in consideration of the grant of the modificatlon described in this Covenant and Agreement, does hereby (i) consent to the executlon and dellvery by Trustors, to the Clty of Arcadia of this Covenant and Agreement; and (ii) covenants and agrees that the lnterest of Corporatlon in and to Property, described in this Consent and Subordination, shall be subject and subord~nate to this Covenant and Agreement, and that said Covenant and Agreement shall be charges and encumbrances on aforesaid Property prior and superior to Corporatlon's interests in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. IN WITNESS WHEREOF, Corporation has executed thlS Consent and Subordinatlon to this Covenant and Agreement on the date wrltten below. Dated: Aug. 11, 1983 HCME SAVINGS OF AMERICA By W'Jl~ dL. Title: Sr. Vice President (CORPORATE SEAL) (CORPORATE ACKNOWLEDGMENT) By ~ APPROVED AS TO FORM: ~.!L,,~ c~ty Attorney, Clty of Arcadia 83- 984377 . " ,- . :