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HomeMy WebLinkAboutD-2494 u '" T I 7J , . '. . , 94 1~13 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: city Attorney city of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 J\l!HD;ORDED/FllED IN OFFICIAL RECORDS RECOROER'S OFFICE lOS ANGELES COUNTY . CALIFORNIA. 4. ~l~T 8 A.M-JUN. 7 1994 p 3 COVENANT AND AGREEMENT REGARDING' ACCESSORY'BUILDING (GUEST HOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, RICHARD BECKNELL AND DIEN THI LOPEZ hereinafter referred to collecti'.Tely as "Covenantors", hereby declares to be the owners of that certain real property located at 637 W. Lemon Avenue in the City of Arcadia, County of Los Angeles, state of California. legally described as follows: That portion of Lot 43 of Tract 4869, in the City of Arcadia, as per map recorded in Book 52 Page 13 of Maps, in the office of the County Recorder of said 'County, lying southerly of the southerly line of Tract No. 15033, as per map recorded in Book 624 Pages 90 to 92, inclusive, of maps in the office of the County Recorder of said County. All of which aforedescribed is hereinafter referred to collectively as,the "Affected Land" and incorporated as part of this Covenant ana Agreement hereby agree and covenant wit!". 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: 1. That the Accessory Building/Guest House that was converted into part of the main dwelling on Affected Land shown on the Site Plan (Exhibit "A") shall not be used as acce:;sory living quarters, shall not be used as a separate dwelling unit, shall not be rented, ana that the entire house/main dwelling shall be equipped with only one kitchen. 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 attorney's 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, successor~ ~~d assjgn~ nf ~h~ 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. "COVENANTORS" Dated: s-/s/rY'" , ~ , ~~~~~ Richard Becknell Dated: ~/~J~ ~~, Dien Thi LopeZ L~/ t/ II COv:2:NANTEE II ~~ William R. Kelly Acting City Manager APPROVED AS TO FORM: Michael . Miller City Attorney State of California ) County ofLt2.5, /Jnfe/I!"s '~ onMav' 5-,/99'1" befQrelle, person~lly appeared 16c.ha....qt E. Be..c.ACn€/J Ci'nd LJ/t!-'7 ,A,. "-t>AI!!"'f:.- , personally known to me (or proved to lie on tbe basil of satisfactor; evidence) to be ~be person(s) whose name(s) is/are subscribed to the witbin instrument and aCknowledged to lIIe tbat he/sbe/tbey executed the sallie in bis/ber/tbeir autborized capacity(ies), and tbat by his/ber/their signature(s) on the instrument the person(s), or the entity upon behalf of wbicb the person(s) acted, executed the instrument. WITNESS my hand and official seal. e. OFFICIAL NOTARY SEAL , .-..' JUNE 0, ALFORD . _.' Notary PublIc - Califorma , ~' LOS ANGELES COUNTY _" ' My Comm, Expires JAN 13,1995 Si9natureg:. ~ ~~AI) 1 o{s413 . . ~ \ I 01-0. vJIOC.pI1/0tJ ~w/d !to c.llrb .,r-- - . <r .. - SiO~' 6~"P c.o~c., Plt1/o Of-c.'!. /- ~1'0I< i U-<J H.T )JoU S IE. CONvE'tf.if..O TO (?1<<f.7 OF- t1k1M r/Wl-/-f...INGr I I~ I' CAf<port.1 I I, Z. 'CA~ "'A~A4'e ~ - STOle,! ~r.4Se. tl:- EXHIBIT "A" . . ,-'d\ rJ (1'10 ~ , ") 5CAl-e:: /"= Zo' '31 w. LeMON Av 94 1088413