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HomeMy WebLinkAboutD-2289 '!" v 87- 78964 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 COUNlY, CALIFORNIA .n ~~;..10 A.M. JAN 20 1987 \ FEE $11 4 0 1 I ] COVENANT AND AGREEMENT PRECLUDING GARAGE AS DWELLING FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION receipt of which is hereby acknowledged, WALTER E. PERSSON AND VIOLET E. PERSSON, HUSBAND AND WIFE hereinafte):. referred to collectively as "Covenantors", hereby declare they are the owners of,that certain real property located at 150 West Longden Avenue in the City of Arcadia, County of Los Angeles, State of California,' legally described as follows: The East half of Lot 5 of Tract No. 6485, as per map recorded in Book 69, Page 75 of Maps, in the office of the Los Angeles County 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 Garage on Affected Land shown on the Site Plan (Exhibit "A") and Floor Plan (Exhibit "B") for M-86-136 shall not be used as a separate dwelling, accessory living quarters/guest house, apartment or bedroom, 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. '!"; v 87- 78964 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 COUNlY. CALIFORNIA l1. ~~T.I0 A.M. JAN 20 1987 [FEE $11 4' 0 I I . COVENANT AND AGREEMENT PRECLUDING GARAGE AS DWELLING FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION receipt of which is hereby acknowledged, WALTER E. PERSSON AND VIOLET E. PERSSON, HUSBAND AND WIFE t:< hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of. that certain real property located at 150 West Longden Avenue in the City of Arcadia, County of Los Angeles, State of California,' legally described as follows: The East half of Lot 5 of Tract No. 6485, as per map recorded in Book 69, Page 75 of Maps, in the office of the Los Angeles County 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 Garage on Affected Land shown on the Site Plan (Exhibit "A") and Floor Plan (Exhibit "B") for M-86-136 shall not be used as a separate dwelling, accessory living quarters/guest house, apartment or bedroom, 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. STATE OF CALIFORNIA COUNTe;:F LOS ANGELES u On >,,,,,,//,,,,,,:7' )yrl. N~taiy Public ,in and for said ~ ~ r6l undersigned, a pea red fP '-"~ personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names 'subscribed to the within instrument a~d acknowledged that they - executed the same. WITNESS my hand and official seal. Signature ~ ~; ~ OFFICIAL SEAL , BETTE STORM NOTARY PUBllC ~ CALIFORNIA LOS ANGELES COUNTY My corom. expires AUG 7, 1989 , ...------. ~ 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: / /~/'-7 , ~~E.~ WALTER E. PERSSON, Husband Dated: //-1 If 7 ~~,&~~ IOLET E. PERSSON, Wlfe "COVENANTEE" City of Arcadia Dated: /- /.:?- F7 By APPROVED AS TO FORM: ,;' mJl/lln~ Mlchael'H. Miller City Attorney s?:- 078964 -2- , .' , I , k:-20'~J., 3 ~ 200SQPT /0 #088Y If 00 + 1S' /0 ---if, -. r- /B 324- 27' SQ~T 1: 4' /2' 2G' GLASS ~ NOu:-E GARAGE 3S \ ---I \ o -~ , 20S t N , 68,6 HOUSE /888.sc,n ,-. I ItS' veALE. +" ; I 150 W. LONGDEN AVE. . 3S' 1 ~ so' ~ LONGDEN AVE" g7- 1 gq0+ tf;. 078964 , SITE PLAN EXHIBIT I A' ~ . . r~ !, ~ C( ~ A ~ " -t- A ~ i' ~ 1r FOUR CEiLING uUrt..ETS --'{If''U ONE 220 ,I -' '- ATTIC LIGHr I WOODEN (;ARA(;E POOR 0.6. ~ t4. 4- HDR.~~ ~ EX/STING GARAGe 4t\" FIVE CEILING '. OUrLErs ' / 4f ------- . , NEW "~EC.r"'::. .P.JI/IIEL - ---3',0' WOOD PANEL DOoq j ,H, ~, '~-Ir ~ I .. .. ATT/2 LIGHT OLD ELtC~J.?/C JJANE: L -- FLOOR PLAN OF GARAGE ~-< ~ CO ~. l" Q ~ Me/AL GARA&E DOOR ~' m ~ I- m - J: X W