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RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
'"- LOS ANGELES COUNT.Y.
CALIFORNIA ..........
MIN. 9 A.M. SEP 25 1985
PAST.
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
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COVENANT AND AGREEMENT
REGARDING GARAGE USE AND CONVERSION
, FEE $7
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FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION receipt of
which is hereby acknowledged,
EDWARD T. FLEMING AND HADY Y. SCHNEIDER
(a unmarried man) (an unmarried woman)
hereinafter referred to collectively as "Covenantors", hereby
declare they are the owners of that certain real property located
at 269 West Walnut Avenue in the City of Arcadia, County of Los
Angeles, State of California, legally described as follows:
Lot 9 of Tract No. 12630, as per map recorded
in Book 238, Pages 42 and 43 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:
I. That the garage on Affected Land shown on the plot plan
for M-85-115 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.
,?~NERAL ACKNOWLEDGMENT
California
~. '_ State of
County of Los Angeles
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7110122
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OFFICIAL SEAL
PEGGY SUMMERS
NOTARY PUBLIC - CAliFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission Exp. Dec. 6. 1988 -
On this the 18th day of
Sept6t1ber
Peggy SUl1IlIerS
the undersigned Notary Public, personally appeared
19 85, before me,
Edward T. Fleming and Hady Y. ,Sclmeider
00 personally known to me
D proved to me on the basis of satisfactory evidence
to be the person(s) whose name~ are
within instrument, and acknowledged that they
WITNESS m d and official I.
subscribed to the
executed it.
NO. 201
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NATIONAL NOTARY ASSOCIATION. 23012 Venlura Blvd. PO Box 4625. Woodland HIlls, CA 91364
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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: CJ-f/?-2'5
"COVENANTORS"
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FLEMING, unm ried man
Dated: .7-/1"-65 .
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HADY
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C NEIDER, unmarried woman
"COVENANTEE"
City of Arcadia
Dated:~/9'-J?I-
APPROVED AS TO FORM:
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:: 85-1117428
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