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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Attorney
city of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
94= 513299
AND
RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
MIN.
PA
COVENANT AND AGRE ACCESSORY BUILDINGIFEe $13
(SECOND RESIDENTIAL UNIT) '1
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
3 F I
JAMES D. - ZIMMERMAN AND ANA MARIE P. ZIMMERMAN
hereinafter referred to collectively as "Covenantors", hereby
declares to be the owners of that certain real property located at
418 Sharon Road in the City of Arcadia, County of Los Angeles,
State of California, legally described as follows:
Lot 17 of Tract 21582 as per map recorded in Book
605, Pages 13 and 14 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
private land located within 500 feet of the Affected Land, as
follows:
, I. That the Second Residential unit (Accessory Building) on
.Affected Land shown on the site Plan (Exhibit "A") shall maintain
direct access to the main (primary) dwelling unit, and that the
property owner must occupy the main dwelling, shall have no
separate utility hook-up services. The Second Residential Unit
shall not have a separate address and shall not be rented, leased
or occupied by any person unrelated to the owners. Upon sale or
transfer of subject property from the current owner, it shall be
converted back to be an integral part of the attached main dwelling
and all kitchen and cooking facilities removed. Any person
occupying the Accessory Building must be at least 60 years of age.
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.
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.
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State of California )
, County Of~t1n.t~ ~
On ~~..aAA-</~f/'f'l'/before me,
person~ll~-~;;P(~red -.JJ /?11 e .5
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. ",~513299
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personally known to me (or proved to lIIe on the basis of satisfactory
evidence) to be ~be person(s) whose name(s) is/!tB subscribed to the within
instrument and acknowledged to me that he/she/~ executed the same in
his/her/t.!!.U.r authorized capacity (ies), and that by. his/her/t.he..U..
signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
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WITNESS my hand and official seal.
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:( i <, " COMM, #969287 z
z ;..Il1o Notory Pubflc-Cclifomlc ~
z . 0,., ' LOS ANGELES COUNTY
<'" .., My comm, expires JUL 09,1996
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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"
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Dated:d-;(7'. qy
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Ana Marie P. . merman
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Dated: :J.-'J.-y-tfv
"COVENANTEE"
UJt\~lq
William -R.Kelly
Acting City "Manager
APPROVED AS TO FORM:
M~{ !~IJ~
City Attorney
94:.0513299
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PROPOSED
ADDITION
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EXIlIBIT "A"
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94.:..0513299