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96 145532
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: RECORDED/FILED IN OFFICIAL RECORDS
City Attomey RECORDER'S OFFICE
City of Arcadia LOS ANGELES COUNTY ..
CALIFORNIA _
P. O. Box 60021
Arcadia CA 91066-6021 2:01 PM JAN 25 1996
,
FEE $16 F
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING 4 d_
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NCPF Code 19 $ (/--.l;k-~ \-{'
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION; receipt of which
is hereby acknowledged,
(Addition to Main Dwelling)
THOMAS BURNETT AND CELIA BURNETT, Husband and Wife
hereinafter refeITed to collectively as "Covenantors", hereby declares to be the owners of that
certain real property located at 340 W. Dualte Road in the City of Arcadia, County of Los
Angeles, State of Cali fomi a, legally described as follows:
The northerly 202.00 feet, measured along the hereinafter described
parallel line of that portion of Lot 1, Tract No. 951, in the City of
Arcadia, County of Los Angeles, State of Cali fomi a, as per map
recorded in Book 17 Page (s) 28 of Maps, in the office of the office
of the County Recorder of said County, described as follows:
Beginning at a point in the northerly line of said lot distant easterly
thereon 452,38 feet from the nOlthwesterly comer thereof; thence
southerly parallel with the westerly line of said lot, a distance of
342.04 feet; thence nOlth 85 degrees 27' 36" east 200.62 feet; thence
nOltherly parallel with said westerly line of said lot 357.84 feet to the
nOltherly line 202.48 feet to the point of beginning. EXCEPT the
westerly 73 feet of said land and ALSO EXCEPT the northerly 12.00
feet measured at right angles of said land.
All of which is hereinafter referred to collectively as the "Affected Land" and incorporated
as paIt of this Covenant and Agreement hereby agree and covenant with the City of Arcadia,
a Municipal Corporation (hereinafter refeITed 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 addition to the main dwelling on Affected Land shown on the Site Plan
(attached as Exhibit "A") shall not be used as a separate dwelling unit, accessory living
qualters/gucst house, apmtment or beuroom, shall not be rented and shall not be equipped
with any kitchen or cooking facilities. For purposes of this Covenant, Accessory Building
shall be that pOltion of the premises at 340 West Dumte Road in the City of Arcadia as set
forth on Exhibit "A" and which is comprised of all rooms and facilities attached to the
westerly pOltion of the existing main dwelling.
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State of California )
County of ~ l
On txc... ~IC\S before lie, Ar\'to~e" M~
personally appeued J\\C\IY\{AS fJu-me.o' IJJ\d ( frY'#
...--
pers8Rally JtB6.u \.0 me (or
evidence) to be ~he person(i) whose name(s) is a subscribed to the within
instrum~. acknowledged to lie that be/she executed tbe same ~
his/he~ authorized capacity (1es) , and that by his/her<l,lli1r/
signature(s) on the instrument the person(s), or the entity upon behalf of
which tbe person(s) acted, executed the instrument.
WITNESS my hand and official seal.
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ANTOINETTE I\IUNOZ
COMM. #1077894 <
NOTARY PUBLIC - CALIFORNIA i'J
LOS ANGELES COUNTI
_ My ~mm Expires Nov. 19. 19:~j
2. If this Covenant and Agreement is breached by Coven antol's 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 1'1
available by law to the Covenantee to enforce this Covenant and Agreement, if this Covenant l/
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.
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 pOltion of this Covenant and
Agreement is for any reason held to be invalid or unconstitutional by the decision of any
court of competentjwisdiction, 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,
Dated:~
"
Dated:
IJI.301 qt
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Celia Burnett
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"COVENANTEE"
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Dated:~
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William R. Kelly
City Mana"er
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APPROVED AS TO FORM:
0J! f JJ(J!tZ
Michael H, Miller
City Attorney
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145532
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