Loading...
HomeMy WebLinkAboutD-2491 00 , . , I :; "-t...o' ......, _~"''''f --- ~ , >-- W:' '"" r " .. 93- 2351858 RECORDING REQUESTED BY AND ~ECORDED/FllED IN OFFICIAL RECORDS WHEN RECORDED MAIL TO: RECORDER'S OFFICE city Attorney LOS ANGELES COUNTY City of Arcadia CALIFORNIA 240 W. Huntington Drive 31 MIN. 8 A.M. DEe 1 1993 FEE $11 N' Arcadia, CA 91007 PAST . --- I 3 COVENANT AND AGREEMENT TO LIMIT USE OF ACCESSORY BUILDING FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, ERIC M. COLE, a single man hereinafter refe"rred to collectively as "Covenantors", hereby declares to be the owner of that certain real property located at 320 E. Duarte Road in the City of Arcadia, County of Los Angeles, State of california, legally described as follows: Those portions of Lots 35 and 36 of Tract 808, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 16 Page 82 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the North line of said Lot 35 with a line parallel with the West line of said Lot 35 and distant Easterly 200 feet therefrom measured al~Ong the Southerly line of said Lot; thence Southerly al g said parallel line to the Northerly line of the S th 193 feet of said Lots; thence Easterly parallel wit the Southerly line of said Lots 100 feet; thence Northerly parallel with the West line of Lot 35 to the Northerly line of said Lot 36; thence West along the Nqrtherly line of said Lots to a point of beginning. EXCEPT THEREFROH that portion 'thereof included within the lines of Tract No. 26938 as per map recorded in yt.. . .". .. , Book 681 Page 55 of Maps 1n the off1ce 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 private land located within 500 feet of the Affected Land, as follows: I. That the Accessory Building to be built in front of the two-story single-family dwelling on the Affected Land shown on the Plot Plan (EXhibit "A") shall not be used as a separate dwelling unit, shall not be rented, shall not be used as a guest house, nor as accessory living quarters, shall not be equipped with any kitchen or cooking facilities, and shall be maintained in the configuration shown on Exhibit "A". \ \ 2. If this Covenant and Agreement is breached by c6venantors 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. . . j' . State of California ) County of Uf:, AJ6a..Es ~ On W~ 1B 1tf13 before lIIe, ..J>~i?l Tlfu~ personally appelred ~(l/ C-. - . personally known to lIIe (or proved to lie on the bash of satisfactory evidence) to be ~he person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to lIIe that he/sbe/tbey executed tbe same in bis/ber/their authorized capacity(ies), and that by his/her/tbeir signature(s) on the instrument tbe person(s), or the entity upon bebalf of wbicb the person(s) acted, executed tbe instrument. , WITNESS my ~f1c1al. seal. Signature~#JJl1 93 2351858 ~@EgDQ.s..mm.B.....B~Bg.mq~ : ._,... DANITA E. TINKER ~ D ...e; NOTARY PUBLIC-CALIFORNIA : = ~ Los Angeles County 11 a "My COmmission Expires June 20, 1995 D ... ...11... ..11............ IJ., 2-- 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 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. "COVENANTOR" Dated: ////~/~ \ ~~~~ ~Eric M. Cole " ~ENANTEE" ~ Do aId R. Duckworth City Manager .. APPROVED AS TO FORM: Jrl~ ~im~ City Attorney . . , . . 93 2351858 , I . .. . "" CU4 1.Yt111. /!Nff<Y .. .. 0: .. " III ,. >I C. KI1'ctf"flJ LI"'INl,- Aool'1 6l!PR'.'" oeM""M \',&<:0""" fl..c<>l".. /00.0' 3 'CM" <rARA~1O Z'CAR <i-AM...E. "lor 1''-00,"- ?"v..., -{A1<.17 I BATH. ... GAil 0- I .. I 4-1'1"" .. WoRIC5HOP " L /fDOM ~"NDt AR~ \ Nt'" Au.u,~oN 1)",<.0,.1<. \. / , /01.7.1 - - - - I)VA.~i'e... --.. ~A1-E. 1/1= 2.0' ~'V. i NcFt.TH 93 2351858 320 E. DUAf?TE. RD. PLor PLAN t:Xlil~I" 'A' j z.'S-rOI('f 5/I'IIi-LI!. FItt'lILY DW~("L.I^,t;-