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HomeMy WebLinkAboutD-2400 II. '. I' , I --. I . '\ ~";;__'V,7q../.A._....,,-(..4.I .. '89-' '7'4~~'l', 'r ....'J.) ,n" , ~ ,.-.. 0-.. . . , . .' RECORDED IN OFFICIAL RECORDS ~ RECORDER'S OFFICE '~ LOS ANGELES COUNlY. CALIFORNIA 1 MIN. 9 A M PAST. ' , MAY' 9 1989 I RECORDING REQUESTED BY AN WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 LFEE $ t~ COVENANT AND AGREEMENT REGARDING ACCESSORY LIVING QUARTERS (GUEST HOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION receipt of. which is hereby acknowledged, DAVID M. MUNRO AND NANCY A. MUNRO, Husband and Wife hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain real property located at 326 Fairview Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lot 33 of Tract No. 11969, as per map recorded in Book 259 Page 36-37 of Maps, in the office of the Los Angeles County Recorder. All of which aforedescribed is hereinafter referred to collectively as the "Affected Land" 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 ~ithin 500 feet of the Affected Land, as follows: I I. That the Guest House/Accessory Living Quarters on Affected Land shown on the Site Plan (Exhibit "A") and Floor Plan (Exhibit "B") shall not be used as a separate dwelling unit, shall not be rented and shall not be equipped with any kitchen facilities, said guest house/accessory living quarters is for the sole use of members of the family occupying the main building; persons employed by the main building and rendering such services primarily on the property; and/or the temporary use of 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, Covenantors or their successors or assigns shall be liable for the reasonable attorney' s fees of Covenantee. That in addition to other remedies available by law to the Covenantee to enforce this Covenant and Agreement, if ~his Covenant and Agreement is breached, the City of Arcadia may revoke. I I I successors Agreement. 3 . Covenantors in interest agree to notify their assignees and in Affected Land of their Covenant and 4. This Covenant and Agreement is for the benefit of the land 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 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. '-'1 . I lINDxv:n:U.u. g 1- 7 Lj,).;2 '--f? .. State ot Ca11fonl1a , , , Coun1;f of i.. fY3., Jt,J~l.-J""S ) ~ SSe "On M,('..Il-." I if; /1~ . before me~ the unders1sned, a DOtarr, Plbl10 In and tor wd coun1;f ~ state, per8o~ appeared ~ VI b M, Wi u NI20 q. JJ ANt!." 1/, M v AI f'--o . , , r per80~ known to me (or proved to me on the basie ot &l4t1atactolT evidence) to be the , person(s) whose ZlaIIlIl(e) is/are subscribed to the w1tb:1n instrument and aoknovlec1pd that ,', aa1d pe~8on(lI) executed the same. '.--.. I \/I'rNESS ~ band andott1c1al Ileal I I : (Seal) I 89 742247 ., f OFFICIAL SEAL DANIEL T SNELL NOTARY PUBLIC - CALIFORNIA LOS A;;GtlES CQ{JN!f My co:nm. expire:; FED 21, 1992 -----...-...:;;c::~...... Ci)~):1, ~_ (~...,; 118: 0/ 5. . '~., ,~ . . . , ~' ~ < . . ~-- .-"'~-~f--I ,.--.{~" . . . . I I I I I 5, The City of Arcadia in its capacity as Covenantee and in its capacity as the legal representative of the residents of the ~ity 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. I (... 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 tompetent jurisdiction, such decisions shall not affect the yalidity of the remaining portions of this Covenant and ;:.greement. I IN WITNESS WHEREOF, Covenantors have executed instrument on the date shown opposite their signatures. , this I I I ?ated: f)'I/r; "COVENANTORS" 2~~~- , , ! i bate: tf/Jt.(/f9 '-114/),11' *' C(. '-111.J_//l-t M\' Nancy A. Munro "COVENANTEE" City of Arcadia Dated: -,/-,;;1,{; - gCJ I I APPROVED AS TO FORM: md-1.I/.,,~~ City Attorney 89 7422<'\7 . :> , .. \ . -2- " .\ .. ,'...., I' . . ' . .. - -l'- ...--" ---,- { ."-..-j-\.' -~--'.... . . . 'f ,. ...... '" ~ . ~ ILl '2 j I . ~ rn ---::,-r;Q..( I 2 ! ,If:::! I'" __._ I -"-'1:Y ,0/ 1 1'- '"?lOW 8;1\,. .' ::2 o ,0 ex: ~ z - > - ...J ,,?, S ~ " "- '\ \ \ :~\ -, I L I I' .... o - r- ~ N ~ , y };:; '- ",' (.J /. 3 -: '.. :9- ...... f- e' ;.J ~o '""' tf) J , FLOOR PLAN EXHI~IT 'B' 89 742247 t-J -.". '':'', f'l '.. ., 't \- .. __' . . . , , i I I ! I I I if ~ .. . .L -. -J" -,- { -. - - t -I 'V I' .. ~ ~ .. "lo.<o<> .. , ~I "2! GUESTHOU -, , I I I , i , N OJ) ..r N I'll '. \~!. f::toP"'-C. " \,' ?c' ~ ~ I i ~OO\.. fa..." lC5\D~ .au. , AI~ p.\Iti SITE~PLAN -~ :::; ,?o.t..1 c:.w.c.a _' , , EXHIBIT I A' 89 ) lI" ~l J Cl- IO. iJ N I'll s,',. 742247'