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Home My WebLink AboutD-2633 ~ f FEB 2 6 2004 , , This page is part of your document- DO NOT DISCARD CIlYOFARCAOIA CITY CLERK ...\ 04 0222495 ---:' p - - ~ I , r RECORDEOn:JLED IN OFFICIAl RECORDS I ~ a.. RECORDER'S OFRCE i I II _ LOSANGELESCOUNlY ,', CALIFORNIA --&_.;.;. , 10:01 AM JAN , 2004 , 30 ~ 1 } ...... --- ------ - TITLE(S) : ... LEA D E E T FEE-$- ;L~ :r . FEE D.T,T DAF$' /} ) t?-20 7 ( CODE 20 CODE 19 CODE I 9 Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. IC~ Number of AIN's Shown ITIIJ - [II] - [IT] ... THIS FORM NOT TO BE DUPLICATED [II] ... 04 0222495 ?J RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia p, 0, Box 60021 Arcadia, CA 91066-6021 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (FAMILY/PLAY ROOM) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, MIMICKA D. GOETTLING AND ECKHARD D. GOETTLING; MIMICKA D, GOETTLING AND ECKHARD C, GOETTLING, TRUSTEES OF THE GOETTLING TRUST DATED mLY 29,1994 hereinafter referred to collectively as "Covenantors", hereby declare to be the owners of that certain real property located at 2018 S, Second Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described in the attached Exhibit "A" incorporated as part of this Covenant and Agreement. Covenantors 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: 1, That the Accessory Buildmg (Farmly/Play Room) shown on the attached ExhibIt "B" (Site Plan) 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 Y4 bathroom, and shall not be altered or expanded from the approved Plan, 1 04 0222495 3 2. If this Covenant and Agreement is breached by Covenantors or their successors or assigns, Covenantee is hereby authorized to bnng an action in a court of competent jurisdiction to enforce this Covenant and Agreement. In the event of such legal action, Covenantors or their successors or assigns shall be lIable for the 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 solely at its optIOn, may revoke this Covenant and Agreement. 3, Covenantors agree 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 mure 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 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 ofthe residents ofthe 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. [SIGNATURES ON NEXT PAGE] 2 04 0222495 If IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their sIgnatures. "COVENANTORS" Dated: 1- /.1) - , 2004 ~c~' Eckhard C, GoettIi Dated: / - J 7 - , 2004 "COVENANTEE" City of ArcadIa Dated: , 1.# ,2004 ~ Wilham R, Kelly City Manager APPROVED AS TO FORM: ... ~P,~ Stephen p, Deitsch CIty Attorney 3 " 04 0222495 EXHIBIT "An THE Lo\ND REFERRED TO ~ rill, POLICY IS sm;o\1fD lNffiE STATE OF CALlFOR.'\iIA, ('OnIn OF LOS ANGELES. 4.ND DESCRIBED A.S FOllOWS THAT PORTION OF LOT 106 OF ARCADIA ACREAGE TRACT, AS PER MAP RECORDED IN BOOK 10 PAGE 18, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS, BEGINNING AT A POINTIN THE WESTERLY LINE OF SAID LOT, DISTANT NORTH 0' 24' WEST 625 FEET FROM lBE SOUlBWESTERL Y CORNER OF SAID LOT; THENCE PARALLEL WllB lBE SOUlBERL Y LINE OF SAID LOT, NORTH 89' 36' EAST 440 92 FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID LOT NORlB 0' 24' WEST 90 FEET; lBENCE PARALLEL WITH THE sr)UTHERL Y OF SAID LOT, SOUTH 89' 36' WEST 440,92 FEET TO lBE WESTERLY LINE OF SAID LOT. THENCE ALONG SAID WESTERLY LINE SOUTH 0' 24' EA\T 90 FEET TO THE POlNT OF BEGINNING EXC EPT THEREFROM lBAT PORTION L YlNG EASTERLY OF THE MOST WESTERLY LINE OF lRAcr NO, 19974, AS PER MAP RECORDED IN BOOK 596 PAGES 59 AND fe. OF MAPS, RECORDS OF SAID COUNTY EXHiBIT 041+,"- tJ I I l , lilt :l.,' I-l~~i; 'r'lAY- R~~I~ - - I aft11\-: i ; ""'''y rDDl [, _IS1101'" "ItU.,SO~Y i :-LL~, _! !. ______,B~~~~lN& 11 ------ ------If I ,I I ,I I " I: : ., , ~.. -:....::J ~J -----~ o \, ~)(\oI-1I/.Ju.r t-CPJ>, """""".. "" '"',ff' '-- ,..- '" ..; ~~ I>-x""1".... iYwlt.4t..A1".l6:t ~ ,,,..\ ------ ron - "'~''''f'NGI HOLJ<><'- 1',1>55 &61,f1' '- --=- '}.?I...Ql\ r- ----- --- --------, ""Ie<- AF>F3r.' 17,17"'; .... ff 6,11& fDli~~ 0L~kt;'J"= 10'0 ?.n( p, ~i 0t:="./',~J<JD A\/t:=".-^.liJ::::. u 04 0222495 ~XHUBiT "13" .\ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '1 STATE OF CALIFORNIA /J COUNTY OF ~ (iI.I--?f Jl On r' I ~ 9{b t/ before me, lhe undersigned, a Nolary Public in and for said late personally appeared ,/Vi ~ .!iAJ m~ ~ N~m~;) :r-Slg~er(~ D Personally known 10 me OR ~roved 10 me on lhe basIs of salisfaclory evidence to be lhe person(s) whose name(s) is/are subscrrbed to the within Instrument and acknowledged to me that he/she/they execuled the same In his/her/their authorized capacitY(les), and lhat by his/her/their slgnature(s) on the inslrumenl lhe person(s), or the entily upon behalf of which lhe person(s) acted, executed the Inslrumenl } } SS } 04 0222495 1I~ '"" .L A ~ ... ~ ~ ""'" ..L ... A. A "'I~ .... JANICE BASURA ~ COMM, # 1289431 I: !I NOWlYPU8UC-CAlJRlRMA 'JJ ~ ;~~::~~ "~T ;~T . W,lness my hand and official seal ~..~ -:f(1-AJ/r'_E. &0 Uf<ft- Name (Typed or Pnnted) (Area above for offiCial notanal seal) Capacity Cla!med by Signer Description of Attached Document 0 Individual(s) (Although thiS ",formation IS optional, It couid prevent fraudulent 0 Corporate Officer(s) - Tltle(s) attachment of thiS certificate to another document) This certificate is for attachmenl to the documenl described below: Title or lype of documenl 0 Partner(s) 0 Allomey-in-Fact 0 Trustee(s) 0 Guardian/Conservalor Number of pages 0 Other: Dale of documenl Slgner(s) other lhan named above Signer is Representing: Name of person(s) or EntllY(les) SAV-191A (7/98) 04 02224~5 ~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State 01 Call10rma ~()<:. Il f7(}p/~ County of On Ie:; 'TClY'(lOvy 0:t04- Date personally appeared o personally known to me :)it proved to me on the basIs of satisfactory eVidence ----- ~---'~I ' GU:!'lDEll:'\ PEREZ J.- ' .. -C;OII.,lissIOt,'_l~ ~ I NoIay PubIc .. ~orno ! i Los ArQeIIlS G,oonly t _ _ _ ~~:.~_oe:l~~ to be the person(ej whose name~) IS/B!9 subscribed to the within Instrument and acknowledged to me that he/sR<lItl>ey executed the same In hls/~/tl>e1r authorized capaclty(.....), and that by hls/'-/t_ slgnature(s) on the Instrument the person~, or the entity upon behalf of which the person(s) acted, executed the Instrument. ~dO~al. ''''O'lI'WY'''"'' ~ OPTIONAL Though the mformatlon below 1$ 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 WMf' 170#1 t/;?c/llq(r?6JY}PJ1-f ,Poore/iYi fA IJc y,eu/!J,#'! k'P(bfdrYl'l ;fP9tk"Sf- 'tily ,,.f14t/J'1"Y f~ ~1"('QtflC( Document Date "'Yofllb'1/'5 :::SN'/I Number of Pages 5" Slgner(s) Other T~an Named AbOV: /J7) /): I' kt7 r;tJe -/fir 'nfl it), / ff ~ JY7 f. f4/t( (Ai.... yD-i '"9""",) I Capacity(ies) Claimed by Signer S.gner's Name Eel:. h", rd C, &:.tJe +1-/,'1/1:/ ';!<llndlvldual o Corporate Officer - Title(s) o Partner - 0 Limited 0 General o AttorneY-In,Fact D Trustee o Guardian or Conservator o Other Signer Is Representing C 1999 National NOlary ASSociation' 9350 011 SOlO AWl PO Box 2402' Chlltsworth CA 91313 2402' wwwnllllonlllnotaryorg Prod No 5907 Reorder Call TolI-Fl'lle 1-8008766827