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HomeMy WebLinkAboutD-2273 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 . I...J. .;L::).13 86 U9413:i1i E eEl E 0 RECORDED IN omCIAL RECORDS OCT 01 1986 .RiCOROffi-S OFFlCE " " LOS Al'tGEtfS COUNTY'-'-";'~ CITY OF ARCAOIA ::ITY AnOF.NEY CALli-vn14IA'------,--__ _'____ _ 1 ~~;.:- 9 .A,M. SEP 10 1986 . . - FOR GOOD, VALUABLE AND ADEQUATE which is hereby acknowledged, 'r!iilJi.i;,''', , CONSIDERATION receipt of L, COVENANT AND AGREEMENT REGARDING GUEST HOUSE/ACCESSORY LIVING QUARTERS 4 MICHAEL P. PALUMBO AND BEATRICE L. PALUMBO, Husband and Wife hereinafter referred to collectively as "Covenantors" , hereby declare they are the owners of that certain real property located at 1132 South Fourth Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: The South 100 feet of the Westerly 260.92 feet of Lot 47 of Tract No. 808 in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 16, Pages 82 and 83 of maps in the office of the Los Angeles 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: 1. That the guest house/accessory living quarters on affected land shown on the plot plan (Exhibit "A") and floor plan (Exhibit "B") shall not be used as a separate dwelling unit, shall not be rented and shall not be equipped with any kitchen facilities, said guest house/accessory living quarters are for the sole use of members of the family occupying the main building; persons employed by and rendering services exclusively to the family occupying the main building and rendering such services primarily on the property; and/or the temporary use by guests of the family occupying the main 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. i 4. This Covenant and Agreement is for the benefit of the land 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. v 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:~ ~f #t~ ~i&t ~cd~~ ' , M~chae P. Palumbo, Husband Dated:,t2af;J,/1/9?c' e#l~A ~,QIrUrx-d.Mr' Bea r~ce L. Palumbo, ~ e "COVENANTEE" City of Arcadia Dated: CY - ?4J?? APPROVED AS TO FORM: 'Ylt ~ tJ () 1/ m~ ~~ M~ller City Attorney 86-1194133 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ~~~ before me, the undersigned, a said State, ~ersonally known to me or proved to me on evidence to be the person~ whose name~ instrument a~d acknowledged that they WITNESS my hand and official seal. 'the basis of satisfactory 'subscribed to the within executed the same. Signature ,~~ OFFICIAL SEAL BETTE STORM NOTARY pus lie - CALIFORNIA I LOS MiG~1 ES cour~TY r. y COr:;m, CX?iwS ,AUG' 7, 1989 I I . () .1 .. U .. -' ' ., (I N cr 11-0. eil U ..I . t1 L-- 100' GUEST HOUSE -I ACCESSORY LIVING QUATERS lZl~D. '&-0" '" ), ( SINGLE FAMILY DWELLING , ., lCOI 1132 S. 4th Ave. EXHIBIT "An ---1 . " , '" 1<>: )0 " N ? T ~i N.T.S. SITE PLAN 86-1194133 ~ ~ w.cf'~lY UNE c;