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HomeMy WebLinkAboutD-2239 85-l163221 RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNlY CAlIfORNIA 31 MIN. 1 P. PAST. .M.DEe 111985, I RECORDING REQUESTED BY AND WHEN RECORDSD MAIL TO: City Attorney City of' Arcadia ~4n W. Huntington Dr. Arcadia, CA 91006 COVENANT AND AGREEMENT REGARDING OUTDOOR STORAGE 2 R\ FOR GOOD, VALUABLE AND ADEQUAT& CONSIDERATION, granting of Conditional Use Permit No. 85-11, l FEE $7 and the I LARRY G. ARNETT AND RONDA M. ARNETT. Husband and Wife hereinafter referred to collectively as "Covenantors", hereby declares to be the owner of that certain real property located at 149 and 153 La Porte Street in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lots 13 and 14, Block 83 of part of the Arcadia- Santa Anita Tract, as per map recorded in Book IS, \'<I'Je,; 89 and 90 of Miscellaneous Records, in the office of the Los Angeles C6unty Recorder. 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.. 'lht, "r[",cced Land (Lots 13 and 14, described above) shall be used in conjunction with each other i.e. the outdoor storage yard Located at 153 La Porte (Lot 14) is to service the use at 149 La Porte (Lot 13). The storage yard approved by Conditional Use Permit (CUP) No. 85-11 shall be used and maintained solely for the benefit of 149 La Porte. Covenantors and their successors agree to maintain subject storage yard for the use and benefit of the adjoining property (149 La Porte) as described above, and agree that any violation of the Covenant renders CUP 85-11 null and void. 2. 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, which for purposes of this Covenant includes those succeeding to either Lots 13, 14 or both. 3. The Ci:.-y of A.z\..:<:':tdiCi i~: its caficli...;.i. i..y ati Covt:!ndui.:ee and in i cs capacity as the legal representative of th~ residents of the City of Arcadia and more particularly as the legal representative of oIl the owners of the Benefitted Land is hereby authorized to enforce the provisions of this Covenant and Agreement. In the evellt of such legal actions. Covenantors or their successors or assigns shall be liable for the reasonable attorneys fees of Covenantee~ . GENERAL ACKNOWLEDGMENT State of C liir'L / County of j,(J~7 /l11~l'LE"5 , I 'I, . , , 1110t22 } 55. .......~I"!':!- OFFICIAL SEAL DEllERA ANN 8U~ NOTARY PUBLIC' CALIFORNIA LOS ANGELES COIIN1Y My ...... IljlIra SEP 19. 1989 On this the ~ day of J\J(J vr:MhFK. DDl,;;J?.J1 AI1n glAf'I1FTf the undersigned Notary Public, personally appeared KtJl1dfl- /l.(J1E1T lll-((L.{ IIrf1e 77 J I ~rsonallY known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) /l f' p- within instrument, and acknowledged that -r71F-tj W~ESS my hand and official seal. U h tI /7/1 15tul1l1J) No ary's Signature NO, 201 19Kbefore me, subscribed to the executed it. t NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. . P.O Box 4625 . Woodland Hills. CA 91364 ;~ " , , I i. 4. If any section, subsection, sentence, clause, phrase or portion of this Covenant and Agreement is for any reason held to be inval1d 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 Ayreement. ;} IN WITNESS WHEREOF, Covenantors have executed this instrument on the date show opposite their signatures. "COVENANTORS" Da ted :LfLo/-~~- Dated:////2 lis I / "COVENANTEE" City of Arcadia -~--- Dated: /,,;::'-S -oJ By 4</ffd$ G€ J. a s City Manager APPROVED AS TO FORM: \ . -2- t . 85-1463221