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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
I FEE $13 I
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COVENANT AND AGREEMENT REGARDING ACCESSORY LIVING QUARTERS
(GUEST HOUSE AND RECREATION ROOM)
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RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY'
CALIFORNIA
4 MIN. 8 A.M. JAN 12 1995
PAST
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FOR GOOD,
which is hereby
VALUABLE AND ADEQUATE CONSIDERATION, receipt OfiQQ
acknowledged, , NCPF C d 00-
, 0 e 19 $, .
, MARIO FIGLIOMENI
hereinafter referred to, collectively as "Covenantors", hereby
declares to be the owners of that certain real property located at
1110 S. sixth Avenue in the City of Arcadia, County of Los Angeles,
State of California, legally described as follows:
The Southerly 75' of the Northerly 154.17
feet of the Westerly 290.92 feet of Lot 63
of Tract 808
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 cmd 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 Guest House/Accessory Living Quarters on Affected
Land shown on the site Plan (Exhibit "A") shall not be rented,
shall not be used as a separate dwelling unit and shall not be'
equipped with any cooking/kitchen facilities. 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. The the Recreation Room on Affected Land shown on the site
Plan (Exhibit "A") shall not be used as a separate dwelling,
accessory living quarters/quest house, apartment or bedroom, shall
not be rented and shall not be equipped with any kitchen
facil i ties.
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3. 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 at
its sole option, revoke this Covenant and Agreement.
4. Covenantors agree to notify their assigns and successors
in interest in Affected Land of their Covenant and Agreement.
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011 ;t/01Je#r1.4e... 3~ /P9f'before lie,
personally appeared
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personally knOVll to me (or proved to lie on the basb of satisfactory
evidence) to be ~he person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
bis/her/their authorized capacity(ies), and tbat 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.
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5. 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.
6. 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 Landis 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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"COVENANTEE"
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William R. Kelly
City Manager:
APPROVED AS TO FORM:
M1!bvJier 1Yl~
95
049536
city Attorney
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