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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
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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.
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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"
Dated:
s-/s/rY'"
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Richard Becknell
Dated:
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Dien Thi LopeZ
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II COv:2:NANTEE II
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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
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EXHIBIT "A"
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'31 w. LeMON Av
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