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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
31 MIN, C} A M. MAY 27 1986
PAST. .
COVENANT AND AGREEMENT
REGARDING GARAGE AND BATHROOM
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION receipt of
which is hereby acknowledged,
KENNETH R. MODE AND EVELYN E. MODE, Husband and Wife
hereinafter referred to collectively as "Covenantors" , hereby
declare they are the owners of that certain real property located
at 1070 Fallen Leaf Road in the City of Arcadia, County of Los
Angeles, State of California, legally described as follows:
Lot 25 of Tract No. 10957, in the City of
Arcadia, County of Los Angeles, State of
California, as per map recorded in Book 191,
Pages 43-45 inclusive 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 garage and bathroom on affected land shown on
the plot plan (Exhibit "A") and floor plan (Exhibit "B") for M-
86-58 shall not be used as a separate dwelling, shall not be
rented and shall not be equipped with any kitchen facilities.
Also, said garage and bathroom shall remain one story as long as
it remains an accessory building.
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.
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TO 1944 CA (1-63)
." TICOR TiTlE INSURANCE
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{Individual}
STATE OF CALIFORNIA ~
COUNTYOf ;y~ ~1~~
On ~.27. Ifp
said Slale, p lSonallyappeared !lFIIIIIIETJI
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before me, the undersign~ a Notary Public In and for
It'.. IflJbF RAt'/) IIEi YN E H/JDE
to
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to
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, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person~ whose name So subscribed to the
within instrument and acknowledged that 'ZIfn exe-
cuted the same.
WITNESS my hand and official seal.
" Signalure F jj. ~
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OFFICIAL SEAL
JOANN 0 RUGGLES
NOTARY PUBLIC - CAlIF'ORNIA
LOS ANGElES COUNTY
My comm, expires AUG 10, 1987
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(This area for officiaJ notarial ~al)
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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.
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.
"COVENANTORS"
Dated:~1 ,~~ /~~
~ ///kL,
Kenneth R. Mode, Husband
Dated:
L.Jn/Jr of/,/9/G
'~ ; vJ?7.1A
Evel n E. Mode, Wife
"COVENANTEE"
City of Arcadia
Dated: ~~i .",71/,f/?
APPROVED AS TO FORM:
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