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HomeMy WebLinkAboutD-2506 . . ..'- 95 -1../ ~-.J 'booo' G...J 59330 RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 4 ~~T:8 AM. JAN 13 1995 l 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. ...... .' . . ..- ;--- ------:-~...-~-'"'~-~\.~ \_..: ...', I' ,",..:;1'" ..", L \" :l~r~\jJ_. ~ ,. ...... ',.1, .. .. ; ..., ) M~:..l .~~ '. 't.' :ICI1('~.,j:. .. : '. ~~~~;".I.: '_~" .7"~J~ ~OJ t . t,,4 i; (, ~ ,,,~;,:) 1 I <." 1\ '"., r. .YOU} !:" l' ,;,1,-,(;" t'-_l' J" ~ ,I" -~. ""!e.r-.l-i \ :-:- _..- ....-.. ...- ---..-- _.:.' .' .-, .- _._? Efl iUOJ 'i'!:Jfl i ~-;- '3 , " , State of California ) ) County of/LIS /lvGRES ) 95 59330 On /I-~i>-'JY: personally a~ared .~ /C-A/ G- <; before lie, ';!f//76 V f!:!!EIZ. rze; A.J~~~,cr6c:..,c WSS:6L~ "/p-',r./~c...rr-..s- ~ ~ ~~ , 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 ~ ~:",:~le~~v:,I~J \ ", ... . I ~~ \ " . . -v 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: II l2tJ/ q+ I I ~tZ2t Russell Ornelas Dated:~1~ ~n)~ (JJ(!lfi1IL) Sandra Ornelas "COVENANTEE" Dated: \It.1~ ~ WilliaiU R., Kelly City Manager APPROVED AS TO FORM: !!1':!:f. ~J!l Jft 59330' 95 ~ .,". I..., , City Attorney , . 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