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HomeMy WebLinkAboutD-2530 - .1 - . - -~~ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 RECORDEDlFllED IN OFFICIAL RECORDS \ RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA .- 10:41 AM JUN 12 1997 fEE 516- U OAF $2 C-20 4 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE) NCPF Code 19 $ /;;...OCJ _' FOR GOOD, VALUABLE AND ADEQUATE CONSIDERA nON, receipt of which is hereby acknowledged, MELODY 1. BACHA, a single woman hereinafter referred to collectively as "Covenantor", h~reby declares. to be the owners of that certain real property located at 52 W. Longden Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lot 9 of Tract No. 11119 in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 195, Page 28 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: I. That the Guest House/Accessory Living Quarters on Affected Land as shown on the Site Plan (attached as Exhibit "A") shall not be altered or expanded in any way, shall not contain kitchen or cooking facilities, shall not be used as a separate dwelling unit and shall not be rented. 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. If this Covenant and Agreement is breached by Covenantor 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, Covenantor 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. Covenantor agree to notifY their assigns and successors in interest in Affected Land of their Covenant and Agreement. 1 \ , ~ .... -I 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 Covenantor, 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 ofthe 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, Covenantor have executed this instrument on the date shown opposite their signatures. "COVENANTOR" Dated: ~-I'f~Cf=r' ~~~ 'Melody J ac a "COVENANTEE" Dated: t5,tvw1 lIJriuJ~~ William R. Kelly City Manager APPROVED AS TO FORM: . !!11/1j~ City Attorney 2 97 878121 . ' . . ",' lantos-"- " , '" \...)"~ tMlN DWel.LINl':o r r 52. W. L..DlJtio tie tJ EXHIBIT "A" 97 878121 ) N t . .. " k State of California ) County ofL~,A'Jeles ~ On 1141/ ,/ r'. 19~7 before lie, J"'~e ...lJ. A-/~ ;.Jtn'l1"'y /JJ)c. , persodUy appeared /1elDdV J. C}ae.)u:, - , , , personally knoWll to me lor proved to lie on the basil of satisfactory evidencel to be .thO! !,erRtm If'> whoae Dame 1P<t is/a~ subscribed to the within instrumeDt and acknowledged to me that ~/she/~y executed the same in h$6/her/tlle1r autborized capacityl)d), and that by hWher/t~ signature(~ on the instrument the person~, or the entity upon behaff of whicb the persoDI~r acted, executed the instrumeDt. WITNESS my hand and official seal. j~ _ _. _ _ _ _ ~? _ _ ~~8_121 & .f1?P) ~ _@..:JUN.D'Al.FORO f .{II ~ .,...' ,,,. COMM. # 1042376 Signature - -.cL,,;,(..f z ol. NotGlyPlAJllc_CoJI,orn/Q f '. LOS ANGElES COUNTY - My Comm. &PUss JAN 13. 1999