HomeMy WebLinkAboutD-2229
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
. n MIN. 1 PM.AUG & 1985
PAST. .
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COVENANT AND AGREEMENT
REGARDING HOBBY SHOP AND GARAGE
f FEE $7
receipt of I
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FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION
which is hereby acknowledged,
2
ALFRED L. HIMELHOCH AND ELEANOR A. HIMELHOCH, Husband and Wife
hereinafter referred to collectively as "Covenantors", hereby
declare they are the owners of that certain real property located
at 2700 Holly Avenue in the City of Arcadia, County of Los
Angeles, State of California, legally described as follows:
Lot I of Tract 13010, as per map recorded in
Book 247, Pages 7 and 8 of maps, in the office
of the County Recorder of Los Angeles 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 hobbyshop and garage on Affected Land shown on
the plot plan for M-85-40 shall not be used as an accessory
living quarters, apartment, bedroom or a separate dwelling, shall
not be rented and shall not be equipped with any kitchen
facilities.
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. 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 assignees and
successors in interest in Affected Land of their Covenant and
Agreement.
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
insure 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.
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.
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Individual ACKnowledgment
STATE OF CALlFORN~ _ -P'; _ 1
COUNTY OF o(~ ~:;:::;-::f SS.
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county.~ X.red
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before me, the undersigned, a Notary Public in and for said '.
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known to me to b~ f~ .A!--- whose name
aCKnowledged that executed the same.
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subscribed to the within instrument and
Notary Seal
WITNESS my hand and official seal.
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OFFICIAL SEAL
8 DONNA R. ELLIOTT
. NOTARY PUBLIC, CALIFORNIA
LOS ANGELES COUNTY
My Camm. hpires Oee 21. \98'_4
Notary Public in and for said County and State
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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 show opposite their signatures.
Dated: Poi /; 1.9Br
Dated:~/)/9gS-
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Dated:c?'-~-~~-
APPROVED AS TO FORM:
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"COVENANTORS"
a2f~c1~d~d/
A FRED . HIMELHOCH, Husband
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ELEANOR A. HIMELHOCH, Wife
"COVENANTEE"
City of Arcadia
By
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8S 905928