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Home My WebLink AboutD-2666 ... This page is part of your document - DO NOT DISCARD ... 05 1046564 RECOROEOIFILED IN OFFICIAL RECORDa RECORDER'S OFFICE " LOS ANGELES COUNTY ...... CAUFORNIA .4 8:04 AM MA y 04 2005 . {ov'fj1unttO'lJ II1rtaneJ (l, bdli~(q J.. (fAY TITLE(S). {;4,(4)C., W I~ j~tllL-1\Y f'^- - (0 10 s. A-1-/11 Vi'sh1. , ... FEt FEE $4.1 I'D Z2 D.T.T. OAF $ ].DO C-20 ~ CODE 20 CODE 19 CODE 9_ Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. ( ... Number of AIN's Shown [IT]] - [IT] - [IT] ... THIS FORM IS NOT TO BE DUPLICATED [IT] ... RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 05 1046564 {}/ COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (DETACHED TWO (2) CAR GARAGE WITH A SHOP AREA) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERA 1JON, receipt of which is hereby acknowledged, PETER N. KELII, a married man as his sole and separate property hereinafter referred to as "Covenantor", hereby declares to be the owner ofthat certain real property located at 1010 S. Alta Vista in the City of Arcadia, County of Los Angeles, State of California, more particularly described in the attached Exhibit "A" ("Affected Land") incorporated as part of this Covenant and Agreement. Covenantor hereby agrees and covenants 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: 1. The new detached two (2) car garage with a shop area on the attached Exhibit "B" shall not be used as accessory living quarters; shall not be used as a guest house; shall not be rented; shall not be equipped with any kitchen facilities or appliances; shall contain only one (1) bathroom (and the bathroom shall not be more than a % bathroom); and the new garage with a shop shall not be altered or expanded 1 05 l04656.1 from the approved Floor Plan shown on the attached Exhibit "C". 2. If this Covenant and Agreement IS breached by Covenantors or successors /J.. or assigns, Covenantee is hereby authorized to bring an action in a court of competent V jurisdiction to enforce this Covenant and Agreement. In the event of such legal actions, Covenantor or their successors or assIgns shall be liable for reasonable attorney fees of Covenantee, if Covenantee is the prevailing party. ,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 soley at its option, may revoke this Covenant and Agreement. 3. Covenantor agrees to notify their assigns and successors in interest in Affected Land of their Covenant and Agreement. 4. This Covenant and Agreement is for the benefit ofthe 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 owner of the Benefitted Land, and this Covenant and Agreement shall be binding upon the heirs, successors and assigns of the Covenantor, 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 ofthe 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. III III III 2 05 ;1046564 IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown opposite his signature. 1 "COVENANTOR" Dated: '1 ~ 1 L ,2005 ~~~ Peter N. Kelii "COVENANTEE" City of Arcadia Dated:~' \11. ,2005 ~ ~~ William R. Kelly City Manager APPROVED AS TO FORM: ~P.~ Stephen P. Deitsch City Attorney 3 Q~. 10 4ti5 ,6:'=l CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of _LIl!.. Ctjl;'..\n. On _~t~ \ \~, ~ Ot) \, before me, Data personally appeared ~t~_("' ~ \ } ss 6 I \ me and Title of OlTicer e 9 , "Jane Doe, Notary Pubhc") \<\' \~\ Namet.s) of SlgT'leT(S) o personally known to me ~ proved to me on the baSIS of satisfactory eVidence - ..~rWl . " e<..-. . .#1..1C1e111 --- NDlDIYNIID .C - .a. . UlI~ c:ourtt MrQolllll, --... to be the person(~ whose name~) Ishlre subscribed to the within Instrument a~d acknowledged to me that he/s~/t~ey executed the same In h,s/h'&r/ti\e,r authorized capacltY(I~), and that by hls/~r~elr slgnature(~ on the Instrument the personN), or the entity upon behalf of which the person/i;) acted, executed the Instrument Place Notary Seal Above bile I' OPTIONAL Though the mformatlon below IS not reqUired by law, It may prove valuable to persons relymg on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document ~ Title or Type of Document ~\lE>"'n.~ q,.., ~'8Q""<;>I).-\ tl",lrHO Document Date _~~t ~ \ \. ~. ~ Qro I Number of Pages Slgner(s) Other Than Named Above 5 . ~\\u ~ls.~.., OS Capacity(ies) Claimed by Signer SIgner's Name D Ind,v,dual D Corporate Off,cer - Tltle(s) D Partner - D Limited D General D Attorney ,n Fact D Trustee o Guardian or ConselVator D Other RIGHT THUMBPRINT OF SIGNER TOp of thumb here Signer Is Representing e 1997 National Notary AssOCIation . ~350 De SoloAv8, PO Box 2402. Chatsworth, CA 91313.2402 Prod No 5907 Reorder Call Toll-Free 1-600-676-6827 EXHIBIT "An O~tl. 1.0.46,5.64 THAT PORTION OF LOT 17 OF THE F.A. GEIER TRACT, IN THE CIn OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP Ie RECORDED IN BOOK 23 PAGE 40 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE LAND CONVEYED TO THE CITY OF ARCADIA, BY DEED DATED OCTOBER 3, 1923, RECORDED IN BOOK 2708 PAGE 2D3, OFFICIAL RECORDS OF SAID COUNTY, WITH THE SOUTHERLY LINE OF LOT 17, FROM WHICH POINT. THE SOtrmWEST CORNER OF SAID LOT 17, BEARS SOUTH 89. 36' 00. WEST 460.06 FEET; THENCE ALONG THE EASTERLY LINE OF SAID LAND OF THE CITY OF ARCADIA, NORTH O. 24' 00' WEST 54.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH O. 24' 00" WEST 53.00 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO DONALD H. LOOBEY AND WIFE RECORDED JANUARY 26, 1942 IN BOOK 19102 PAGE 71, OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID LAND OF LOOBBY, NORTH 89. 36' 00" EAST 318.10 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID LOT 17; THENCE ALONG SAID EASTERLY LINE SOUTH 260 54' 43" WEST 59.65 FEET. MORE OR LESS, TO A LINE WHICH HAS A BEARING OF SOUTH 89. 36' 00" WEST AND PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE SOUTH 39. 36' 00" WEST TO THE TRUE POINT OF BEGINNING. . EXHIBIT "A" Pl '73 I I Q_~t 10:46564 1 o -q- >- << 3: ill > i< '" g - - (3\ , (3\ . "",,, 0 """ -q- -' -' >:L >:L 18'-0. ,""""', l;> ",,- 5'- . ':! fL.AT ROOF TO HATCH E},ISTING ~ . w > ~ @ J Pl '7:?' SirE: P~A~ EXHIBIT 'B" t - tiNEOf ROOi'OVeRHANGAB""e- . , i . , " , . ~~1 ElEC'TRlCAl OUTlETS AM) lJGHTH) SHALl. BE PER OWNER 0IlfCT10H 2-cAR GARAGe COIICRETE SI.A8 ftOOIl " ~ -I l('I -~ ~~~-i Ii) I FOR l.. GA1GE DOOR USE 3-"8 X " GLa HJoER : / .. X 10'HEAOER I x r-O.,GARAGE DOOR ',8'.0. X T..o.,GARAGE cnNSTRUCT THESE ~llS AS iR CETA ~LTER~A~G~L ~ P rlL ~ SEE EXTEI'IDIl ElEVATlONS FOflI WH>rM SIZES AlCI fUtCT100l FLOOR PLAN _ / " EXHIBIT "e" I Q~ ,1046564 6 ~ ---';t~ NOTE NAIL SID OR OPT 5 8d @ eo, EDG @ 12", FIELD, T BRACED WALLS AS PER 2001 CBC 2320.11.3 & .11.4 0: W Q SHOP AREA~ '" \() ,C'\ INTERIOR BRACED WAll FRAME W/2 X 4@ le" QC., SOLE PLATE AND SINGLE TOP PLATE. BOLT DOWN TO SLABfFTa W/5{S-</J lEMBeDDED) @ 82" 0 C. lOCATED WHERE SHOWN (- - - -) WALLS FACED EA. SlOE WIltZ" ows. WI 5d COOlER NAn.S @ 7' a.c.. NTERtOR BRACED WALL lINE ~ 4 X 8 HEADER "030IWINDOW 3088 DOOR ~. OOR PLAN DIMENSIONS ARE 10 FACE Of FRAMIfG CENTERLIE Of II!IEARWG. TYP. AS SHOWN.