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HomeMy WebLinkAboutD-2594 02-0741260 RECORDEOIFILEO IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 1:01 PM MAR 28 2002 - 111111111111111111111111111111111111111111111111111111I11I11 LEAD SHEET , SPACE ABOVE THIS LINE FOR RECORDERS USE '. , . TITLE(S) I I FEE J--r - - - -0 e2~. -Ole D.T.T. . 'FEES 3S xxi L ':W/ :ka~)-.,_ T ' . " ' .' - CODE -DAFEECode20_! 4.0! 20 CODE 19 CODE 9 - I I Assessor's Identification Number (AIN) To Be Completed By Examiner OR Title Company In Black Ink Number of Parcels Shown I [II] . . THIS FORM IS NOT TO BE DUPLICATED '-, RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 U~-U''11~ D -~1.-9Y ..........., 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. 1 ~- ,~~:\ , !I! . -...' M,;- - ,,. ... '\ '\. 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. l / -~-- 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] 2 ,;.tn- \, 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: f).~ ,2002 ~ William R. Kelly City Manager APPROVED AS TO FORM: . ~r.~ Stephen P. Deitsch City Attorney 3 r~ :r' '~',i~-:"'" "'r= - ':.' .','.' , . ~. ~i!JlDll'" f~, / -- ~,_"!~ 'I" .,..r- c. " ,I ,,,I, ., / ..." ~_ r"""'P""......,.I-=~ / . 1_\1,' '~~;;.1.~ ./_'. ,_ ~....;.......,;.'_' '" lr:1 . ',,*:' y- -'c. ',..t::'!;':'. _',co..... ,,'" > -:. 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"-; I '~ ,"'O~'" ,'; , . ; " -""'--:: , ~ Io-K , W.1~l ~~. " "i2Jt' , ' - , -) -- ~ - ,-~:- ----- 9N,'m,""'-" t:.1f. I>!>j"",~ ~ <,14> 10 ""'If""! 'it p.,..f :;. ffl'-' y ~i?~ ~ \~ \'t<O'O 1't1fJ1~tr ,w' tAF... 4~'1~ , ~ ~'.J..,,,,,", L__;-j ffl"l .lm.. !::_:' -::1._ ~"T W,,\.l- 1" "'''- ~p'f'YIl7 '~"=-IL~ . ==-~~-==.......--- ------=----- ~l.Il!<. ~ RECRE.A II Ot'-/ (<COM 508 CM'1E-Z 120. DlFHDfiIDOif ""IA" , poo r H0Zt3 e A Jot!n "Ff ov-r P (CUt fJ-fu) $fliicre / ~-fxb' ~ (~ d~. rJM p~ [f-x. Lf- w leg. fJeeJ J 'x a:~ r;(/JM' C(),~ F(3L E)(!s+d UJv( to be- ~fJ / . '- ~" '- . / NfN? x 6' f)eroY ';) l"-f... ' Bi-;s-{- 5~e. NM ~(b" -r'lP"y," 4fp 13 D ~ <;; tf3 -+0 8o-t1<rn.1 R~. -ef- poo ( H~ . -6f.)({~ ~ "X'i' to t<<Jbz.0 . f)f-(' yf- tIft /' C()~"J~ / ~(5+ S~..Q/'( . ~;~ :/ '/.. ~" <;.L. ~~ ?,k~ <- c~ ~~~ t,' -!L" (7; b r~ (r!/-O", i t-g" (~r({-(' / ( s" t' . J; \^ . 2 - tJ_o ' '" I _ J 1\}IW d.M--r 2 r '1..6 f . . ~kT u.xJJ H~ exc{';+~1-er1o- tR r~ <<.ls+ ~f-f7t ~Iwb. . I certify(or declare) undel-penalty of perjury that the .r 02 0741260 foregoing i. true and correct. 7(Z-!6(0?- _ scfi%~ DATE !\ ) ot~ 12 PLACE OF EXECUTION CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '" " , State of Callforma } ss. tJ\. S' . OS' \ of\. 0.. \mO(\\o,"- Name and Tille of Officer (e g , "Jane Doe, Notary Public") \ en. '" Name(s)01 Slgner(s) o personally known to me JSl{ proved to me on the basIs of satisfactory evidence to be the person($) 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 ' ., , ,~..~ '., .... '. "Yl '''''~'''''-~'''''''~"''I"'' ~'" ...-......,....(,'Iot-.I;l --.,.. 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 r/l ,""'-",o.+.\ ~ \\-(f' . ""'-\lO"'-\- Document Date \-\o,N\r-.. \ ':, ~ OOJ. , Number of Pages ~ 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 \ Cl \, RIGHT THUMBPRINT OF SIGNER Top of thumb here " ~ ~ " 1997 National Notary ASSOCiatIOn' 9350 De Solo Ave PO 80.'( 2402 . Chatsworth, CA 91313-2402 ,. , " 0-ty \Q "- On ~~r-('" \ ~ .:lll~ before me, Date ' personally appeared \ ~,,(!-.1 \ , , ,. , " J@--- - :=~~~-I $ NcICJly PublIc - CaIIfanIa S 2 Los Angeles Col.r1Iy - t _ _ _t.t(~.:~~~~t ....1-.. Place Notary Seal Above " , " Signer Is Represenling Prod No 5907 ReOlder Call ToJ)-Free 1-800-876-6827 I , . ! . "),' ~~ "1"Y._" SUBORDINATION AGREEMENT 02 0741260 6851185899 b 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: I! " , " " . ..... -.~.......~" ~ ',: - :~~""'~J-~ .,. ACKNOWLEDGMENT KENTUCKY STATEOF~ ) ) ) ss. COUNTY OF JEFFERSON 2 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. ~ {J. (J)~ 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 .,~. ~-........._.. By: ACKNOWLEDGMENT KENTUCKY STATEOF~ ) ) ) ss. COUNTY OF JEFFERSON 2 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. ~ O. (j)~ Signature JOHN D. WATKINS MY COMMISSION EXPIRES: AUGUST 26, 2002 .:. ...,. (Seal)