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93 1330394
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
AND
RECORDED/FilE!) IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
1 ~l~T 10 A.M. JUL l~ 1993
[FEE $17
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BUILDING
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COVENANT AND AGREEMENT REGARDING ACCESSORY
(STORAGE/WORKSHOP)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
DAVID W. SMALL AND JACQUELINE J. SMALL, husband and Wife
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hereinafter referred to collectively as "Covenantors", hereby
declares to be the owners of that certain real property located at
l38 West Palm Drive in the City of Arcadia, County of Los Angeles,
State of California, legally described as follows:
That portion of Lot 59 of the Santa Anita Colony
Tract, in the City of Arcadia, County of Los
Angeles, State of California, as per map recorded
in Book 42, Page 87 of Miscellaneous Records, in
the office of the County Recorder of said County,
described as follows:
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Beginning at a point in the northerly line of said
Lot 59, distant thereon 225.00 feet easterly from the
easterly line of the Los Angeles County Flood Control
Channel, 80 feet wide, as shown, on Los "Angeles County
Surveyor's Map in Book l784, Pages 2 and 3 'on~I1le 'in
the office of the county Surveyor of said County;
thence along said northerly line east 75 feet; thence
parallel with the easterly line of said lot 59, south
308.33 feet; thence parallel with said northerly line
west 75 feet; thence north 308.33 feet to the point
of beginning.
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
private land located within 500 feet of the Affected Land, as
follows:
l. That the Storage and Workshop Room (Accessory Building)
on Affected Land shown on the site Plan (Exhibit "A") and Floor
Plan (Exhibit "B") shall not be used as a separate dwelling unit,
accessory living quarters/guest house, shall not be rented and
shall not be equipped with any kitchen or cooking 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.
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93 1330394
On JZtN e-. / 'Ii /19.:1
personally appeared
before me, ~+N ~f>E-T1f
..:Dflll /,), W, .'> hi /I- LL -11ll.h
:r7t c.. 9 ILE-tJ ",113 ;:r. S h1 A L./
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personally known to me (or proved to lie on the basis of satisfactory
evidence) to be ~he person(s) whose name(s) is/are subscribed to tbe witbin
instrument and acknowledqed to me tbat he/she/they executed the same 1n
his/her/tbeir autborized capacity(ies), and that by his/ber/their
siqnature(s) on the instrument the person(s), or the entity upon behalf of
wbich the person(s) acted, executed the instrument.
"TN'SS OJ !~'~fl:;'~'l;~'" .
Siqnatura ~~
OfFICIAL SEAL
SUSAN KOETH
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My CommissIon Exp. Oct. 6, 1993
3
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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.
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.
Dated: fJjwv_ 1{lff3
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Dated!}<-,"",/ /"1{ l,?f3
"COVENANTORS"
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II COVENANTEE II
93 1330394
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Donald . Duckwo
City Manager
APPROVED AS TO FORM:
~~b~l.,lU 1!)N
'r city Attorney
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DAVID W. SMALL
138 WEST PALM DnIVE
-lonCADIA, CALIFOnNIA
SITE PLAN
EXHIBIT "An
93 1330394
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DAVID VI: SMALL 9
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818-446-8150 I,e,. 8 549036
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EXHIBIT "B"
93 1330394