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HomeMy WebLinkAboutD-2560 ""-~~~lOUU RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia p, 0, Box 60021 Arcadia, CA 91066-6021 FEE $19 OAF $2 v 5 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (WORKSHOP) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, FRANK D. TOMKINS AND SUZANNE G. TOMKINS, husband and wife hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that certain real property located at 432 N, Old Ranch Road in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lot 9 of Tract No, 11215, in the City of Arcadia, as per map recorded in Book 198, Pages 28, 29 and 30 of Maps in the office of the County Recorder of said County. Except therefrom all water, claims or rights to water in or under said land, All of which aforedescribed is hereinafter referred to collectively as the "Affected Land" and incorporated as part of this Covenant and Agreement 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 Accessory Building (Workshup) on Affectcd Land (Exhibit "A") shall not be used as accessory living quarters or guesthouse, shall not be used as a separate dwelling unit, shall not be rented and shall not be equipped with any kitchen facilities and no divider walls shall be added to separate the space, 1 , 99 19?1f.W') ) 2. If this Covenant and Agreement is breached by Covenantors or their successors or assigns, Covenantee is hereby authorized to bring an action in a court of competent jurisdiction to enforce this Covenant and Agreement. In the event of such legal actions, Covenantor or their successors or assigns shall be liable for the reasonable attomey fees of Covenantee, if Covenantee is the prevailing party, 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 at its sole option, 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 of the 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 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 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. III III III 2 99 191.1600 '1 IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated: It) /)11, ~~o-inL Frank D. Tomkins Dated; It) /r /'j 9 / "COVENANTEE" C frY r.ir A~~f8PI;& ~ William R. Kelly City Manager ~.f.fl APPROVED AS TO FORM: f!1!:Lf 7n~ City Attorney 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ::f~ 1~~ltjUU 6 State of C! /70 HJIeN//9 LoS A/l/tS>t:&;:s County of On ,{/1!.1'POEK S/ /9 ~? before me, Date Name dTltle of OftIC1lf (eg, ~Ja Doe. Notary PubliC") personally appeared he;9/olK D, 7PY7/K./A/$ /fAJi) ~z.4,<..JA./e G,7i3/JfKOlf5 Name(s)ofSlgner(s) 'In personally known to me - OR - 0 proved to me on the basIs of satisfactory eVidence to be the person(s) r whose name(s) is/are subscnbed to the within Instrument and acknowledged to me that lleIefle/they executed the same In RlsfAer/thelr authonzed capaclty(les), and that by <I:lIGIfler/thelr slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument ~&.,I~ J - - - - - C::L:r:; - -, - @ COO'WT1IaIon' llm49 i ~, Notary PublIc - CaIIIomIa 2: Z Leo Ang_ C4lunty 1_ _ _ ~:",,:,,~~:1.~~ I WITNESS my hand and offiCial seal ~ Zm~~'/ 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: Cot//?,.v'/?lVr'; HGtet:e/l1aJ7 ,(eGmWI#6 Mt!ESSoI'2j &/)6-. Document Date tJ en 61?te ~ 17 7 ~ Number of Pages: ,. Slgner(s) Other Than Named Above: AJovr Capacity(ies) Claimed by Signer(s) Signer's Name MI'fAJK l). 7Ontelll/s Signer's Name: SUZI1NAIH &. 7O/YIl::.ot/S ~ Individual o Corporate Officer TItle(s), o Partner - 0 Limited 0 General o AttomeY'ln,Fact o Trustee o Guardian or Conservator D Other. Top of thumb here RIGHT THUMBPRINT OF SIGNER ~ Individual o Corporate Officer TItle(s)' o Partner - 0 Limited 0 General o Attorney-in,Fact o Trustee o Guardian or Conservator o Other Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Represenllng: Signer Is Representing: ~'){~U~ St:LF C 1994 National Notary Association. 8236 Remmet Ave, PO Box 7184. Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-600-876-6827 / 4~()/1 , " z-a'-o" tit.... L.1t<V(jl. I wuJll ~v,,? i" ;f...O'( .t:: Ol , \ () ~ Lld2 }./. Old f{.ane-h izd. ~\l\.Iv'\ b~j.1l\~ / uhibit A o '- ~ C) () J .. / 99-~~21600 " I I I . RECORDEDIFILED IN OFFICIAL RECORDS , RECORDER'S OFFICE~ ~, LOS ANGELES COUNTY , , ~~~ CALIFORNIA I 12:01 PM OCT 08 1999 " ,......t'1:.', .J..~~" , ~. \>-- , "J.!..o',J""~_' SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE TITLE(S) 1Ov~f((l)')1.nf fv!)ordl'n1 ~{>~q. .~ ~tucf21.,5hop) Lf32- A/ Oldi~ ilJ FEE N/A N/A 0 20 9 - 19 04 19 CODE' REC NO NO PCOR D,A SURVEY NOTIF INVOL NON FEE PAGES TITLES FEE MON LIEN CONF , in EXAMINER S INT D ....{ - ~" _ 1 , ..., \.. l' >.I l:, I '\;~_ '" '. ... \1 ".... r:."l' ,};5, Assessor s Identification Number (AIN) 0 To Be Completed By Examiner Or Title Company In Black Ink Number of Parcels Shown ITD . . . . ~ \" ," 1".,., ReVISion Number