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60633 0 I - I l'-f I -/ I
RECORDING REQUESTED BY AND
WHE N RECORDED RETURN TO:
RECORO<:D IN OFFICIAl RECORDS
CW LOs ANGELES COUNTY, CA
27 ~~ :2 fJ.I,t JMn'l) 1979
City Clerk, City of Arcadia,
P.O. Box 60, Arcadia, CA 91006
R'::~tdcr's Offico
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS
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BYRON THOMAS BARNES, JR, and' KATHLEEN VANNESS BARNES, Hus-
band and Wife, hereinafter referred to as "Declarants", hereby
declare that they are the owners of that certain real property
commonly known as 1033 (including 1031) El Sur Avenue, Arcadia,
California, (hereinafter referred to as "Property") and legally
described as follows:
The easterly 102 feet of Lot 31 of the F, A. Gier
Tract, in the City of Arcadia, County of Los Angeles,
as per map recorded in Book 23, page 40, of Maps,
in the office of the Recorder of said County, except
the northerly 10 feet thereof,
In consideration of the variance granted by the City of
Arcadia to permit the expansion of the main dwelling on an R-l
lot containing a rear second dwelling, thus allowing an expansion
of a non.-conforming use, Declarants hereby covenant and agree as
follows:
1. Declarants agree to remove the rear dwelling on Property
or convert it into an accessory structure in compliance with the
Arcadia Municipal Code on or before December 5, 1988, or in the
event of a voluntary or involuntary sale of the Property, which-
ever occurs first, to the satisfaction of the Planning Director of
the City of Arcadia,
2. Declarants agree to notify their assignees or successors
in interest in said Property of these Covenants, Conditions and
Restrictions.
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3. Declarants hereby grant to the City of Arc~dia the right
of egress and ingress over aforedescribed Property in order to
demolish and remove said rear dwelling if the same has not been
removed or converted into an accessory structure in compliance
with the Arcadia Municipal Code, as specified in paragraph 1 herein.
In such event Declarants, or their successors in interest, shall
reimburse the City of Arcadia for all costs of demolition and re-
moval of same and the cost of demolition and removal may be made
a lien against Property if not paid within ten (10) days after
written notice to do so mailed by the City to the record owners'
last known address.
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4, Declarants agree to defend and hold the City of Arcadia,
its officers, agents and employees, harmless from liability of
any nature or kind arising out of the performance of these Coven-
ants, Conditions and Restrictions or City's demolition and removal
of the rear dwelling and pay any damages, judgments, attorney's
fees, costs and expenses whatsoever arising in connection with
these Covenants, Conditions and Restrictions or the City's de-
molition and removal of the rear dwelling.
5. These Covenants, Conditions and Restrictions shall run with
the land and be binding upon the Declarants, their heirs, suc-
cessors and assigns and inure to the benefit of, be enforceable
by, and may be released only in writing by the City of Arcadia,
IN WITNESS WHEREOF, Declarants have executed the within
Declaration of Covenants, Conditions and Restrictions this /9it
day of &./~/.h-?k./ ,19 7Jr
1~Z~~1'f,4a:A1/i
/~~-d ~~0 SPh~?-0^)) ~nrn~
KATHLEEN VANNESS BARNES
STATE OF CALIFORNIA )
, ) SS.
COUNTY OF LOS ANGELES )
On flee. (2/L1A G tz, 1'1 ,19 11' ,before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared Byron Thomas Barnes, Jr. and Kathleen VanNess Barnes,
known to me to he the persons whose names are subscribed to the'
within instrument' and acknowledged that they executed the same,
,!I~:~dA~;E~in_d~rd officia~;:~l,' /7 ~/
EMILY V. S1I-WSON I (/1 f/A'. r
NOTARY PUBLrc - CALIFORNIA ' Nota pub;ric
LOS ANGELES COUNTY
My comm, expires D::e 29, 1980
CONSENT AND SUBORDINATION TO THIS
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
AMERICAN SAVINGS AND LOAN ASSOCIATION, a California corpora-
tion, as holder of the beneficial interest under that certain
Deed of Trust and Assignment of Rents (the "Deed of Trust"),
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79-
6()633
TO 19415 CA (8.74l
(Corporation)
...
} ss,79-
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!'1 ATE OF CALIFORNIA
COUNTY OF 1.08 Angel es
~" January 5, 1979
State, personally appeared C. W. Miller
known to me to be the Vice President President, and
known to me to be Assistant Secretary
of the corporation that executed the within Instrument,
known to me to be the persOns who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that suth corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
60633
ffJD T11\.E INSURANce
AND TRUST
ATICOACO"~Y
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before me, the undersigned, a Notary Public in and for said
1.1
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"'WITN ESS my hand and official seal.
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Signatu~ ~
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D. R. Miller
OFFICIAL. SEAL.
@)"JEANWATf\INS
Co . NOTARY PUBLIC. CI\Uf'ORNIA
s ,. ~i PRINCiPAL Qt-FiCE IN
..... ~..., LOS ANGELES COUNTY
My Commission ['pires rebiuary 25, 1979
(This area (or official notarial seal)
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made as of March 7, 1977, among BYRON THOMAS BARNES, JR, and
KATHLEEN VANNESS BARNES, Husband and Wife as Trustors, and
FIRST CHARTER FINANCIAL CORPORATION as Trustee, recorded March
18, 1977, as Instrument No. 77-275497, Los Angeles County
Official Records, for and in consideration of the grant of the
variance described in this Declaration of Covenants, Conditions
and Restrictions, do each hereby (i) consent to the execution
and delivery by BYRON THOMAS BARNES, JR. and KATHELEEN VANNESS
BARNES, to the City of Arcadia of this Declaration of Covenants,
Conditions and Restrictions, and (ii) Covenant and agree that
the interest of American Savings and Loan Association in and to
Property, described in this Declaration of Covenants, Conditions
and Restrictions, shall be subject and subordinate to the
Covenants, Conditions and Restrictions described in this Declara-
tion and that said Covenants, Conditions and Restrictions shall
be charges and encumbrances on aforesaid Property prior and
superior to American Savings and Loan's interests in aforesaid
Deed of Trust and to the lien of aforesaid Deed of Trust.
IN WITNESS WHEREOF, American Savings and Loan Association
has executed this Consent and Subordination to this Declaration
of Covenants, Conditions and Restrictions on the date written
below.
Dated:
, 19 79
January 5
AMERICAN SAVINGS AND LOAN ASSOCIATION,
a California Corporation,
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By C. W. Miller
60633 Title Vice
4/l-;;;:t((7
By D. R. Miller
Title Assistant Secretary
<--
(CORPORATE SEAL)
(CORPORA~F. ACKNOWLEDGMENT)
APPR
of Arcadia.
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