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HomeMy WebLinkAboutD-2089 ---, -, 179- 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 , -" '- / 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. ..' 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. -1- v 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"), -2- 79- 6()633 TO 19415 CA (8.74l (Corporation) ... } ss,79- '. !'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 r before me, the undersigned, a Notary Public in and for said 1.1 ,f .J ~ ~ ~ m ~ "'WITN ESS my hand and official seal. '~ Signatu~ ~ l,~ 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) , , .. . t . ~ 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, 79- 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. -3-