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HomeMy WebLinkAboutD-2504 .J '" 'I" (J"\ j.;::- 1; l-f( 'f-J....... :_~ -=' ' , . ,. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 COVENANT AND AGREEMENT REGARDING ACCESSORY LIVING QUARTERS (GUEST HOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, TED RIGAS AND LYNDA RIGAS, Husband and Wife hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that certain real property located at 352 East Haven Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lot 52 of Tract No. 12181, as per map recorded in Book 227 Page 34 of Maps, in the office of the Los Angeles County Recorder 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: I. That the Guest House/Accessory Living Quarters on Affected Land shown on the site Plan (Exhibit "A") shall not be altered or expanded in any way, shall not be used as a separate dwelling unit and shall not be rented. Said Guest House/Accessory Living Quarters is for the sole use of members of the family occupying the main building; persons employed by and rendering such services primarily on the property; and/or the temporary use by guests of the family occupying the main building. 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, prevailing party shall be entitled to recover its reasonable attorney's fees and costs. 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. 94 2014856 ;:; "t, , , \ , ., I' \ . State of California 94 2014856 County of LOS ANGELES ) ) ) On APRIL 07. 1994 personally appeared before lie, CHRISTINE R. MOHTASHEM, A l'OI'ARY PUBLIC MR. TED RIGAS and LYNDA RIGAS . Fftpe^p'lly 1ts^"<lI ~~o _, (or proved to lie on tbe basi. of satisfactory evidence) to be ~be person(s) whose name(s) ~/are subscribed to tbe witbin instrument and acknowledged-to lIIe tbat he/she/tbey executed tbe same in bis/b9r/tbeir autborized capacity(~, and tbat by his/b9r/tbeir siqnature(s) on tbe instrument t erson(s), or tbe entity upon bebalf of wbicb thejperson(s inst ument. t ~~ lIITNE . . ,. Sf OFFICIAL SEAL CHRISTINE R. MOHTASHEM Notary Public - California PRINCIPAL OFFICE IN lOS ANGELES COUNTY My CommiSSion [_P. June 13. 1994 .. . I ~ I " . ,. \ . > 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. IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" /1- 7-9d Dated: 7' 7 /~e~ Ted Rigas ~L~~ Lynda Rigas Dated: L/- 7-91 "COVENANTEE" (m)~~ William R. Kelly Ae~iftg city Manager APPROVED AS TO FORM: m /I~ MiC~./~iller City Attorney \0 94 2014856 ,- 1 . ....' - " . 352. flAI/€N AI/E. /?<l11. Me 6'J- 020 - .....' , " u; /": 20 . HAYEN AYE. \ / r- -- .... ~ .. ! HOll~e " ~ ~ yo ~ . 'I. ~ ~ - ~ !: .. . .. t I /" ()AlE. CAR QAR"4 e ....... 4u8.'" I/tXIsa r?&ux#< W'Au.. SITE PLAN Exhibit "A" 94 2014856 ~ ~ ~ ~ ~ ~ 'C