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513581
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
MIN. 2 P.M. MAR 26 1992
PAST.
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COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDIN9r~E$17 FJ
(GUEST HOUSE) I 5 J
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of '
which is hereby acknowledged,
WILLIAM R. YOUNGER AND PHYLLIS G. YOUNGER, Husband and Wife
hereinafter referred to collectively as "Covenantors", hereby
declares to be the owners of that certain real property located at
1527 Rodeo Road in the City of Arcadia, County of Los Angeles,
State of California, legally described as follows:
Lots two (2) and three (3) of Tract 8765
as per Map recorded in Book 127, Pages 56
and 57 of Maps in the office of the Recorder
of Los Angeles County.
All of which is hereinafter referred to collectively as the
"Affected Land" and is reflected in the attached Location Map
(Exhibit "A") 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
follow~: .
.",
l., That the Guest House/Accessory Living Quarters on Affected
Land shown on the attached Plot Plan (Exhibit "A") and site 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 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 ~he 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.
nmIVIIJ1AL
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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, Covenantors have executed this instrument
on the date shown opposite their signatures.
"COVENANTORS"
Dated:J1,(/ ~C J1q~
Dated: J4,V l..C 14'11/
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Phy is . unger
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APPROVED AS TO FORM:
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City Attorney
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