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HomeMy WebLinkAboutD-2535 .. 97 1208512 RECORDING REOUESTED BY AND RECORDED/fILED IN OFFICIAL RECORDS , WHEN RECORDED MAIL TO: RECORDER'S OFFICE City Attorney LOS ANGELES COUNTY City of Arcadia CALIFORNIA ,- E $16 U r P. O. Box 60021 8:04 AM AUG 07 1991 0 F 52 Arcadia, CA 91066-6021 "-NCPF Code 19 C-20 4 $ }:J..cro - COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE AND CABANA) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, NANCY REED, A Widow hereinafter referred to collectively as "Covenantor", hereby declares to be the owners of that certain real property located at 815 East Norman Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described in the attached Exhibit "A" incorporated as part of this Covenant. 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 Accessory Building/Guest House and Cabana on Affected Land 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 fi)r 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; that such use shall not exceed a total ofthilty (30) days during each calendar year. 2. Ifthis 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, ifthis 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 Agrcemcnt. 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. 1 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of C4Y! ~r'1/~ } County of J..t" 4n :S If / P ~ S. On 7-2-'1- 'l"7 before me Jl,/he ...a /9~r~ 4~r JZ.j/;c. DATE .\: personally appeared NAME(S) OF SIGNER(S) o personally known to me - OR -l5I"proved to me on the basis of satisfactory evidence to be the person($Fwhose nameC9) is/a~ subscribed to the within instrument and ac- knowledged to me that I\eIshe/~y executed the same in hV/her/tl)efr authorized capacity(i!)l;l), and that by IW/her/th~ signature(!l,l(on the instrument the persont9r. or the entity upon behalf of which the person~acted, executed the instrument I~~~~~~~--~~~ @..:..,.JUN,;D.AI.fORl)( :( . ....,.. * ' COMM. # 1042376 z ,-" < NolGIV Plbllc - CoDtomla ~ j./. LOS ANGELES COUNtY I . . My Comm. Expires JAN 13. 1999 - - - - - - - - - - - - - - 97 1208512 .~ ~ THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the dala requested here Is not required by law, il could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. )j OPTIONAL CTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE No. 5193 - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNVR Though statute does not require the Notary 10 fill in the data below, doing so may pro . invaluable to persons relying on the document. o INDIVIDUAL o CORPORATE OFFICER(S) TITlE(S) o PARTNER(s) 0 LIMITED o GENERAL o ATTORNEY'IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) <Cl1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet AVe., P.O. Box 7184' Canoga Park, CA 91309-7184 1/ 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 ofthe remaining portions of this Covenant and Agreement. IN WITNESS WHEREOF, Covenantor have executed this instrument on the date shown opposite their signatures. "COVENANTOR" D"'dr~;/~ (1'11 "COVENANTEE" Dated: tf.ff.11 UM\~1 William R. Kelly City Manager APPROVED AS TO FORM: ft)~ k/ ~ Michael H. Miller City Attorney ,( \ \ . '.f /' 2 ~~ 97 1208512 . EXHIBIT A LEGAL DESCRIPTION ~ t PARCEL 1: LOT 4 OF TRACT NO. 20098, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 515, PAGES 8 THROUGH 10 INCLUSIVE OF MAPS. IN THE OFFICE OF THE COUNTY RECOROER OF SAID COUNTY. PARCEL 2: THAT PORTION OF THAT PART OF LOT 131, ARCADIA, ARCADIA ACREAGE TRACT, IN THE CITY OF ARCADIA. COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 10 PAGE 18 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED IN DEED TO LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK 50720, PAGE 371. OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER; BOUNDED ON THE WEST BY THE WESTERLY BOUNDARY OF LAND DESCRIBED IN SAID DEED, SAID BOUNDARY BEING COINCIDENT WITH THE EAST .. :;;;;':':'j;<'~.BWNDAR'i"'OF."TRACT NO. 20098, AS SHOWN ON MAP FILED INcBOOK'.515.-'1>AGES'8;;;rHRoi:JGH"e';~"',;;'ii.~;'~ .'-. . INCLUSIVE OF MAPS, IN THE OFFICE THE COUNTY RECORDER; ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 4. OF SAID LAST MENTIONED TRACT; ON THE EAST BY A LINE PARALLEL WITH AND 21 FEET EASTERLY MEASURED AT RIGHT ANGLES, FROM SAID WESTERLY BOUNDARY; AND BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGA nON OF THE SOUTHERLY LINE OF SAID LOT 4, EXCEPTING THEREFROM ALL OIL, GAS. PETROLEUM AND OTHER HYDROCARBON SUBSTANCES AND MINERALS, BUT WITHOUT RIGHT OF ENTRY TO THE SURFACE OF SAID LAND, AS RESERVED BY LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, IN A DEED RECORDED SEPTEMBER 11, 1969. AS INSTRUMENT NO. 2670, OFFICIAL RECORDS. '. . '. ..' '.:.'~';:.::;'.~\.;."'[..~"..:.\,.J:..~>..?:.~.. o':~',:,~.' . ~,' .~~. '~;',:..:~ :;l .:. ',..,~t '"i::' " .~ ~ . ....,. ,:..~.::..:_' .;:::..'~ ':.': ~-L:':'. . ~ "EXHIBiT ~':A~!1";"-:''' " . ~ . ," . ,~. .... ,.:: 'i, . . , . -. ....-.. , '. -"". . '". "!:'~'.: . ..:;;~:: ' ~ .'- -......... :,!l::':;" ;, .....l.~ ~ ';: ...:.J: 97.1208512