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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
city Attorney
city of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
RECORDED IN OfflCI~l RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
MIN. 11 A.M. OCT 101991 --1
1 PAST.
lFEE $17 N\
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COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(RECREATION ROOM)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
Marc C. Rogers and Sarah N. Rogers, Husband and wife
hereinafter referred to collectively as "Covenantors", hereby
declares to be the owners of that certain real property located at
905 Palo Alto Drive in the City of Arcadia, County of Los Angeles,
State of California, legally described as follows:
Lots 220 and 221 of Tract l2l04, as per
map recorded in Book 226, Pages 37 to 39
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
priva'ce land located within 500 feet of the Affected Land, as
follows:
1. That the Recreation Room on Affected Land shown on the
attached Plot Plan (Exhibit A) shall not be used as accessory
living quarter, as a separate dwelling, nor as a rental and that
it 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 I 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 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 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.
INDIVIDUAL ACKNOWLEDGMENT
NQ.2Ql
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StateoflU e.~/' O-'~ On this the ~ day of Oc.robER 19!1L, before me, 3
County of' \/2 .. ) 0. .~ }SS. Ht,1J"'~ V, c..foR.; 0. U jtSPRAP~SSm A.J
the undersigned Notary Public, personally appeared
91 1605644 M~R c. .c. 1<o'l.e.... 50
o personally known to me
. ., j;'I[ proved to me on the basis of satisfactory evidence
Q omcw- SEAl to be the person(s) whose name(s) I~ subscnbedtothe
MAllIA W:TORJA UISPRAPI.\SORII
_P\IlJC-STATEOfCAl~O~~ within instrument, and acknowledged that hE executed it.
. lOSMGElESCOUNTY
III Clm. EJlIilaS Dee. 25, 1993 WITNESS my hand and official seal.
~4'~~et'e~~~J.--
otary's Signature r - .
ATTENTlON NOTARY: Although the InformatJon requested below is OPTIONAL, It could prevent fraudulent attactvnent of thIs certificate to another document.
THIS CERTIACATE TItle or Type of Document Ce>veYJ ...",r 01- 1J9? "''>77 €'-n-l
MUST BE ATIACHED Number of Pages 1 Date of Document '7 -.J 7- "J I
TO THE DOCUMENT .4-.
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
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c NATlONALNOTARYASSOClATlONo8236Rerm1et1tle .po Box7184oCanogaPar1l"cA 913)4-7164
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. OIl _(~p.('C:./)(I'.J@'L ;;;1.7. (7 9 (. betore me, the unc1ers1gl1ed, a DOtar, publio 1D and tor aa1d
cOtiD't;f and stAte, persoDAl.l7 appeared . <:;.11-/1 AH AJ P rIA ? If' ~~
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persotl4l.'l7 knOWD to me (or proved to me on the ballis of 8lIotistactoi7 e'V'1dllDOo) to be the
persol1(s) lIholle DlIIIIe(Il) ill/aN BUbl!or1be~, t-e th~ m~~" 1Dst..~~ c.w1 aoiwovledgod thAt
ea1d person(e) executed the eame. ,_---
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l/1'rNESS D1T band ADdott1c1al seal
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OFFICIAL SEAL
'PATSY LEISURE
NOTARY PUBLIC - CALIFORNIA
LOS ANGElES COUNTI
My comm. expires MAY 1, 1993
Ibr-'~A:LA 6)
91 1605644
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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:
( I
Dated:
q-B7- 9/ Scu.-...4 4'V r5o~
Sarah N. Rogers
e
Manager
APPROVED AS TO FORM:
Mf!1iii~efjl~
City Attorney
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