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HomeMy WebLinkAboutD-2522 , ~ , 96 1489623 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO' City Attorney RECORDEDIFILED IN City of Arcadia RECORDER~FgPfALRECORDS 1 240 W. Huntington Drive LOS ANGELES COJCE fF , CALIFORNIA NTY Arcadia, CA 91007 4:41 PM Q SEP 10 1996 C. IT 1-6 AF $2 20 u . NCPF Code 19 COVENANT AND AGREEMENT REGARDING RESTRICTED USES (MEDITATION ROOM) 4 $/.;(l,~ FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, PASTOR ST. PIUS V. APOSTOLATE OF CALIFORNIA, A Corporate Sole hereinafter refelTed to collectively as "Covenantors", hereby declares to be the owners of that certain real propelty located at 11 West Sycamore in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lot 45 of Tract No. ]] 074, as per map recorded in Book ]97, Page 27 to 29, inclusive 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 refel1'ed 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 Meditation Room shown on the attached Exhibit "A" shall be restricted to the occupants of the dwelling only and that the site shall not be used for a "church" but strictly as a single-family residence. For purposes of this Covenant "church use" shall mean any use as a place of assembly by a religious group. 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 COUlt 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 attorneys' 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 inme 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 run with the land and shall be binding upon the heirs, successors and assigns of the Covenantors, and may be released in writing by the Covenantee, ,- J; 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. Dated: q - /19- 1 (p "COVENANTORS" ./ tpI<?TDtz- 'Sf. AL17 y, Afb'S'fdCMe: t::1F- !I ~ Ftf!-NI,.. /,... C/l~(Z..O<'lE. ~. f:;,. iPa.d (]~ "COVENANTEE" ./' 01',..- ex:- ~VC / -~~~ William R. Kelly City Manager APPROVED AS TO FORM: 'ntJ! If m1J2 Michael H. Miller City Attorney 96 1489623 . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907 3 State of CALI FORN IA County of LOS ANGELES ()n September 10. 1996 before me, DOROTHY A R II1n1 F, NOTARY PIIRI rr NAME, TITLE OF OFFICER. E.G., -JANE DOE, NOTARY PUBLIC. DATE personally appeared -----PAUL A. TAGUE-------- NAME(S) OF SIGNER(S) o personally known to me - OR - 00 proved to me on the basis of satisfactory evidence to be the personXIl~ whose name($~Xis/am< subscribed to the within instrument and ac- knowledged to me that he~Ki~ executed the same in his/blJexxt4xllxlX authorized capacity~~), and that by his/tJI~~mEll(jl( signaturel<<) on the instrument the person(~, or the entity upon behalf of which the person~~) acted, executed the instrument. r ~~.'. ~~~~~. of - ~ COMM.I99334I I i .~. NotcrtNlllc-c:.ModI! lOSAHGElBCOUNI'I I t _ - ~~~~~~~- WITNESS my hand and official seal. <'-:L dJ~,:t!J( OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT Covenant and A9reement TITLE OR TYPE OF DOCUMENT TITl.E(S) o PARTNER(S) o LIMITED o GENERAL two NUMBER OF PAGES o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR [] OTHER: Covenantor September 10, 1996 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENTITY(IES) Pastor St. Pius V. Apostolate of California William R. Kelly & Michael H. Miller SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 96 1489623 "'" .. -, '. .. 0.".' -. ~ . ._1" .~ ~ II . ~ ~ ,_________L'~ '.:"C '-"OO:W .111 - _~~' I: - ,~ I' 0. J '\ " " Q. 1\-____ tt .... !I ::::::,.. ~.., .~ ~l 'j ~ III" -~ ...I'OT FirJ:FI~r lT~:~=~::,,! <>. ~,_, ri/ ~\\!I~~"T~"12 --1. \ ,: ". 3 ~ , , (':.!' \, . ,.,..;.~ e.,f'T --, I~ """ ______---'- <t .(l~: \~;;. l"'~'." ill 'i : (.I)' : -:-DN ~~ E""",~Cf HALL c',\! 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