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HomeMy WebLinkAboutD-2217 " 85 q~=:Jla (J _-.r-.-, I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 1 ~~~i-, 10 A.M.APR 17 1985 City ,Attorney,. City of Arcadia P.O. Box 60, Arcadia, CA 91006 .' COVENANT AND AGREEMENT PROHIBITING CONVERSION TO COOPERATIVE MULTIPLE DWELLING J FEE $9 I 3 Gj FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION in the form of modification of specified zoning restrictions by the City of Arcadia granted by the approval of modification M-84-4 ,receipt of which is hereby acknowledged, Paul F. Schultheis, John M. Orser and Dennis K. Neal hereinafter referred to collectively as "Covenantors," hereby declare they are the owners of that certain real property located in the City of Arcadia, County of Los Angeles, State of California commonly known as 27 Alice Street ,and legally described as follows: Lot 11, Block 1, Tract 101, in the City of Arcadia, as per map recorded in Book 13, Page 52 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," 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: 1. That the affected land shall not be converted nor shall any attempt be made to convert the affected land into a "cooperative multiple dwelling" as that term is defined now or by amendments to the Arcadia Municipal Code. Any such attempt or conversion shall render M-84-4 null and void. 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 com- petent 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. Covenant & Agreement Prohibiting Cooperative Multiple Dwelling -1- " " -0 3. Affected Covenantors agree to notify their assignees Land of this Covenant and Agreement. and successors in interest in 4. This Covenant and Agreement is for the benefit of the land of and shall inure to 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 run with the land and shall be binding'upon the heirs, successors and assigns of the Covenantors, and may be released in writing by the Covenantee. S. 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 particu- larly 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 and Covenantee have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated ^I-/0-~ ~ Bq~y/~~<~ Paul F. Schultheis .tft3!>"-;)~~.b . '~_;.._<~ d/hv;~ I( JuJ Dennis K. Neal ~ -- Dated' /IJ ,Iff] I I Dated Ur:l1Ci l'it,S/ / By Dated .-y:/df-,rS-- "COVENANTEE" ::~q~~ City Manager APPROVED AS TO FORM: # ic ael Miller City Attorney st- . 429978 Covenant & Agreement Prohibiting Cooperative Multiple Dwelling -2- .. J.. , 3> STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I/'j day of MR.-IL , 198;' before me, :;;;J9",r~ RuDeNRt/d&:. On this - a Notary Public in and for said County and State, personally Ja.v-iJ~~~-~ appeared ul F. Schultheis, John M. Orser, and Dennis K. Neal a-U-. personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names sre subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. (SEAL) e."'." ,. !. l!> . . .. OFFICIAL SEAL JUANITA F RODENBURG NOTARY PUBLIC. CALIFORNIA LOS ANGELES COUNTY My comm. expires SEP 14, 1988 ~~ .7: Cf?~,~ NoH'ry lic in and said county and state 85- 4289'18