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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
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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". \
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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.
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State of California )
County of Uf:, AJ6a..Es ~
On W~ 1B 1tf13 before lIIe, ..J>~i?l Tlfu~
personally appelred ~(l/ C-. -
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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.,
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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: ////~/~ \
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~Eric M. Cole
" ~ENANTEE"
~
Do aId R. Duckworth
City Manager
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APPROVED AS TO FORM:
Jrl~ ~im~
City Attorney
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93 2351858
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93 2351858
320 E. DUAf?TE. RD.
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