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59330
RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
4 ~~T:8 AM. JAN 13 1995
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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
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING~E $
(DETACHED GARAGE/RECREATION ROOM) L!J5 13
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt oJ
is hereby acknowledged, , , . Q (JD
NCPF Code 19 $ .{.... :;/
RUSSELL ORNELAS AND SANDRA ORNELAS, Husband and'Wife
3 FI
which
hereinafter referred to collectively as "Covenantors", hereby
declares to be the owners of that certain real property located at
1032 S. Fourth Avenue in the City of Arcadia, County of Los
Angeles, State of California, legally described as follows:
All of Lot 48 except the Northerly 370 feet,
also except that portion of said land within
the boundaries of Tract 18616, in the City of
Arcadia, County of Los Angeles, State of
California, as per map recorded in Book 543,
Page 9 of maps, of Tract 808, in the City of
Arcadia, County of Los Angeles, State of
California, as per map recorded in book 16,
pages 82 and 83 of maps, in the office of
the County Recorder of said County.
All of which 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:
1. That the Accessory Living Quarters/Detached
Garage/Recreation Room on Affected Land shown on the Floor Plan
(Exhibit "A") shall not be used as a separate dwelling unit, shall
not be rented, and shall not be equipped with any kitchen
facilities.
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,
Covenantors or their successors or assigns shall be liable for the
reasonable attorney's 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
revoke.
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.
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County of/LIS /lvGRES )
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59330
On /I-~i>-'JY:
personally a~ared
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before lie, ';!f//76 V f!:!!EIZ. rze; A.J~~~,cr6c:..,c
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personally known to lie (or proved to lie on the basil of satisfactory
evidence) to be ~he person(l) whose nam~(I) sublcribed to the within
inltrument nd acknowledged to lie tbat he executed the lame in
. - e authorized capacityC1es), an that by ~
siqnatu e I) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I
WITNESS my hand and official leal,
Signature ~,~<->
~@...:. . PAlSYROBBERlZS"
:;: ,... '. COMM. "991671 i2
ill ,"'" ; Nc\cry Public - California l':
, LOS ANGELES COUNTY
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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"
Dated:
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Russell Ornelas
Dated:~1~
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Sandra Ornelas
"COVENANTEE"
Dated:
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WilliaiU R., Kelly
City Manager
APPROVED AS TO FORM:
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