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