HomeMy WebLinkAboutD-2594
02-0741260
RECORDEOIFILEO IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
1:01 PM MAR 28 2002
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LEAD SHEET
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TITLE(S)
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FEE J--r - - - -0 e2~. -Ole D.T.T.
. 'FEES 3S xxi L ':W/ :ka~)-.,_
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CODE -DAFEECode20_! 4.0!
20
CODE
19
CODE
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Assessor's Identification Number (AIN)
To Be Completed By Examiner OR Title Company In Black Ink
Number of Parcels Shown
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THIS FORM IS NOT TO BE DUPLICATED
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
P. O. Box 60021
Arcadia, CA 91066-6021
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COVENANT AND AGREEMENT REGARDING _~CCESSORY J!!IJLDlNG
AND SUBORDINATION AGREEMENT,,:L- .
(RECREATION ROOM)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
LUCY JEAN, a Married Woman,
as her sole and separate property
hereinafter referred to collectively as "Covenantor", hereby declares to be the owner of
that certain real property located at 508 Cortez Road in the City of Arcadia, County of
Los Angeles, State of California, more particularly described as follows:
Lot 27 of Tract No. 13177, in the City of Arcadia, County of
Los Angeles, State of California, as per map recorded in Book
261, Pages 36 and 37 of Maps, in the office of the County Recorder
of Los Angeles County, California ("Affected Land").
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 Affec!ed Land, as follows:
1. That the Accessory Building (Recreation Room) on Affected Land, more
particularly described in the attached Exhibit "A" incorporated as part of this
Covenant and Agreement, shall not be used as a separate dwelling unit, shall not be
used as accessory living quarters, shall not be equipped with any kitchen facilities,
shall not be rented and shall not be altered or expanded from approved Floor Plan.
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02 0741260
2. If this Covenant and Agreement is breached by Covenantor 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 attorney 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
solely at its option, revoke this Covenant and Agreement.
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3. Covenantor agrees to notify their beneficiaries, 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 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 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]
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02 0741260 7
IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures.
"COVENANTOR"
Dated: "7/(3 ( OZ--;-2002
LU~~L--'
"COVENANTEE"
City of Arcadia
Dated:
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,2002
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William R. Kelly
City Manager
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
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RECRE.A II Ot'-/ (<COM
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I certify(or declare) undel-penalty of perjury that the
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02 0741260
foregoing i. true and correct.
7(Z-!6(0?- _
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DATE
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PLACE OF EXECUTION
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of Callforma
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OS' \ of\. 0.. \mO(\\o,"-
Name and Tille of Officer (e g , "Jane Doe, Notary Public")
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Name(s)01 Slgner(s)
o personally known to me
JSl{ proved to me on the basIs of satisfactory
evidence
to be the person($) whose name(~ Is/a\e
subscribed to the within Instrument and
acknowledged to me that h~/she/th~y executed
the same In hls/her/the!ir authorized
capacitY(Ie\;), and that by hl\;/her/th~ir
slgnature($} on. the Instrument the persqn(~), or
the en,titY;l1po~ behalf. of which the-person\s)
acted,:executed the Instrument ' ., ,
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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
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Description of Attached Document
Title or Type of Document r/l ,""'-",o.+.\ ~
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Document Date
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Number of Pages
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Slgner(s) Other Than Named Above
Capacity(ies) Claimed by Signer
Signer's Name
o Individual
o Corporate Officer - Title(s)
o Partner - 0 Lim,ted 0 General
o Attorney In Fact
o Trustee
o Guardian or Conservator
o Other
Cou nty of
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RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
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" 1997 National Notary ASSOCiatIOn' 9350 De Solo Ave PO 80.'( 2402 . Chatsworth, CA 91313-2402
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On ~~r-('" \ ~ .:lll~ before me,
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personally appeared \ ~,,(!-.1
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$ NcICJly PublIc - CaIIfanIa S
2 Los Angeles Col.r1Iy -
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Place Notary Seal Above
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Signer Is Represenling
Prod No 5907
ReOlder Call ToJ)-Free 1-800-876-6827
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SUBORDINATION AGREEMENT
02 0741260
6851185899
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Bank of America. N.A., 28 Executive Park. Suite 300. Irvine. CA 92614. being the
beneficiary under that certain Deed of Trust dated April 11. 2001 as Instrument No. 010660162,
Official Records of Los Angeles County Recorder said Deed of Trust is and shall be subordinate
and inferior to the Covenant and Agreement Regarding Accessory Building and Subordination
Agreement (Recreation Room) to which this Subordination Agreement is attached.
2 KENTUCKY
Executed this 26TH day of FEBRUARY, 200I, at LOUISVILLE ,fildilIaoOO.
By:
E ERRY
Its: SENIOR VICE PRESIDE
mfJAtv ~
DIANE BLANT6N
Its: ASSISTANT SECRETARY
By:
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ACKNOWLEDGMENT
KENTUCKY
STATEOF~
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ss.
COUNTY OF JEFFERSON
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On FEBRUARY 26 . 200X, before me, TORN D. WATKINS
, a Notary Public in and for said state, personally
appeared ROBERT K. VANDERBERRY. SVP AND DIANE BLANTON. ASSISTANT SECRETARY
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
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Signature JOHN D. WATKINS
MY COMMISSION EXPIRES: AUGUST 26, 2002
(Seal)
6116794758 J
SUBORDINATION AGREEMENT
02 0741260
Bank of America, N.A., 28 Executive Park, Suite 300, Irvine. CA 92614. being the
beneficiary under that certain Deed of Trust recorded April 19. 2001 as Instrument No.
010660163, Official Records of Los Angeles County Recorder said Deed of Trust is and shall be
subordinate and inferior to the Covenant and Agreement Regarding Accessory Building and
Subordination Agreement (Recreation Room) to which this Subordination Agreement is
attached.
Executed this 26TH day of FEBRUARY
2
, 20W, at. LOUISVILLE
KENTUCKY
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By:
ACKNOWLEDGMENT
KENTUCKY
STATEOF~
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ss.
COUNTY OF JEFFERSON
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On FEBRUARY 26 . 200t, before me, JOHN D. WATKINS
, a Notary Public in and for said state, personally
appeared ROBERT K. VANDERBERRY, SVP AND DIANE BLANTON, ASSISTANT SECRETARY
personally known to me (or p~oved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
helshelthey executed the same in his/herltheir authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
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Signature JOHN D. WATKINS
MY COMMISSION EXPIRES: AUGUST 26, 2002
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(Seal)