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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
city Attorney
city of Arcadia
240 W.O Huntington Drive'
Arcadia, CA 91007
90
235713
RECORDED IN OFFICIAL
RECORDER'S OFFlCt:
LOS ANGELES COUNTY
CALIFORNIA
1 MIN. 10 AM. FEB 131900
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COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
3
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby aCknowledged,
PHILIP CATANIA AND MARY CATANIA, Husband and Wife,
hereinafter referred to collectively as "Covenantors", hereby
declares to be the owners of that certain real property located at
1026 Singing Wood Drive in the city of Arcadia, County of Los
Angeles, State of California, legally described as follows:
Parcell of Parcel Map No. 19809, in the city of
Arcadia, County of Los Angeles, State of California,
as per map filed in Book 209 Pages 91 of,parcel Maps,
in the office of the Los Angeles County Recorder.
all of which is hereinafter referred to collectively as the
"Affected Land" hereby agree and covenant with the City of Arcadia,
a M\micipal 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:
1. That the Accessory Building on Affected Land shown on the
site Plan (Exhibit "A") shall be limited to O'1e floor, not be us~d
as a separate dwelling unit, shall not be rented and shall not be
equipped with any kitchen facilities.
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 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 benef it 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 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.
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.
INtlIVII!1AL
.
St..&te ot Calito1'D1a
. ~t7 ot k ~/l/c; b~6
~ SSe
cotintT -AD4 ..
It underll1l;tl d, a ZlOtarr publio 1n and tor 8414
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peraoIlAll7 known to or proved to me 011 the basill ot satillfactoZ1' evidence to be the
peraOI1(B) llhoee =-(.) ill/are lII1bambed to the with1n 1nat1'Ulllent and aolmovledse4 that
sU4 perBOI1(e) executed. the same.
wrrNESS fl1T J:w1d. AD4ottic1&l seal
'(Sea1)
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Q'" 0', " OFFICIAL SEAL
:" ""', >.... THERESA L FABBRI
, ~~ " ~j)TARY PlIBlIC-C1,~IFORNIA
PRINCIPAL OFFICE IN
, ' LOS ANGELES COUNIY
~ My CommissIOn Expires Nov, 7, 1992
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90- 235773
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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.
"COVENANTORS"
Dated:~jtjo
Dated: Ih//tJo
"COVENANTEE"
APPROVED AS TO FORM:
fn~/(1 ~,
Michael H. Miller
City Attorney
90- 235713
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1026 SINGINGWOOD
EXHIBIT 'A'
90- 235773