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HomeMy WebLinkAboutD-2542 98 tjtjtjll/t> RECORDING REQUESTED BY AND RECORD~~~~gJ~~F3ft~ERECORDS' lOS ANGELES COUNTY WHEN RECORDED MAIL TO: CALIFORNIA City Attorney 3:21 PM APR 21 1998 City of Arcadia --- P. O. Box 60021 FEE $16 F Arcadia, CA 91066-6021 DAF $2 !v20 4 - -:y COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (DETACHED GUEST HOUSE) "'CP~ ".-1 10 I~ " r \.oue . 1.J-~(JIf1:Y $. . I FOR GOOD, V ALUABLEAND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, PATRICIA L. HAAS, an unmarried woman hereinafter referred to collectively as "Covenantors", hereby declares to be the owners ofthat certain real property located at 605 Estrella Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: The easterly 15 feet of Lot 10 and the Westerly 90 feet of Lot 11 of Tract 8475, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 114, Page(s)lOO of Maps, in the office of the Los Angeles County Recorder. 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 (hereinaftt:r 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: 1. That the Detached Guest House on Affected Land shown on the Site Plan (attached hereto as Exhibit "A") shall not be altered or expanded in any way without permits, 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 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, Covenantor or their successors or assigns shall be liable for the reasonable attorney 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. 3. Covenantors agree to notifY their assigns and successors in interest in Affected Land of their Covenant and Agreement. 1 'T v 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 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, Covenantor have executed this instrument on the date shown opposite their signatures. "COVENANTOR" Dated: ,3- / ~ - 9 .?' ./ /J;t;;~x ra~ Patricia L. Haas "COVENANTEE" Dated: 1J,~!(b ~ William R. Kelly City Manager APPROVED AS TO FORM: ki/ 14fil~ Michael . i ler City Attorney ! ~t~"" , ' \)\)~~1G 2 State of Cali fornia County of Los Angeles On 03-16-98 DATE before me, } Jackie C. Conway NAME. TiTlE OF OFFICER. E.G.. "JANE DOE, NOTARY PUBLIC' personally appeared Patricia L. Haas NAME(S) OF SlGNER(S) !XI personally known to me - OR - 0 proved to me on the basis of satisfacfory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that 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. .III....IJ .'JACKIEC","CONWAy'l COMM. 'll44l1t4tJ 1IJWl't1'llllC. CoUVJIM UlIaIBSl CCllIIIY IItCaall. EIp..u.l,2aDl THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law. it could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. Wl.V (J ~ - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though staMa does not require the Notary 10 fill In the dala below, doing so may prove Invaluable to persons relying on the doaJmen9) o INDIVIDUAL I o CORPORATE OFFICER(S) T1TLE(S) o PARTNER(s) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUsTEE(S) o GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECTION E OR TYPE OF DOCUMENT Covenant and A reement Re u ng etac e uest NUMBER OF PAGES 2 DATE OF DOCUMENT March sIGNER(S) OTHER THAN NAMED ABOVE William R. Kelly Accessor -'. --.----.--.".--- . . . ..... l:l1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmet Ave., P.O. Box 7184. Canoga Park. CA 91309.7184 . ..... ..... '-. , . .... ..... .....;...... ..... .' ....... .. . ..... .' '98~ 6G34'oi6 ...... ....... . ......--. .' i , ! I :.1 .:~.': . . , ... .... '. '. ". . ~~ . \ ! . , ! ... ....- .. , rf i 'REAR YARD .. , " ~ [f] .. r . in .. ?1 .' ..- . .i ,. t = ~ !l r L .. . ~ [J .. " . .- . 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