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B7 574184
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
A D
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
p~~, 8 A,M. APR 14 1987
1 FEE $11
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4 Of
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coveNANT AND AGREEMENT REGARDING GARAGE
AND LIMITATION OF STRUCTURE TO SINGLE STORY
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION receipt. of
which is hereby acknowledged,
WILLIAM J. OWEN AND PHYLLIS C, OWEN, HUSBAND AND WIFE
hereinafter referred to collectively as "Covenantors", hereby
declare they are the owners of that certain real property located
354 W. Naomi Avenue in the City of Arcadia, County of Los
Angeles, State of California, legally described as follows:
Lot 44 of Tract 10993 in the City of Arcadia,
in the County of Los Angeles, State of
California, as per map recorded in Book 193,
Pages 39 to 40 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 Plot Plan
(Exhibit "A") and North Elevation (Exhibit "B") shall not be used
as a separate dwelling, accessory living quarters/guest house,
shall not be rented and shall not be equipped with any kitchen
facilities, Also, said Garage shall be restricted to a single-
story and at no time shall a second-story or portion thereof be
constructed,
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.
successors
Agreement.
Covenantors
in interest
agree to notify their assignees
in Affected Land of their Covenant
and
and
4, This Covenant and Agreement is for 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,
t
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STATE OF. CALIFORNIA
ss.
,\
COUNTY OF LOS ANGELES
On ^pril 7, 1987 , before me, a Notary Public in
and for said State, personally appeared William J, Owen and
PhYllis C, Owen , known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name
is subscribed to the within instrument, and aCknowledged that
he/she executed the same.
WITNESS my hand and official seal.
o-~ ~ Pf?7/-
Sherry M-a#ett ~
. OFFICIAL SEAL
SHERRY MARGETT
. NOTARY PUBUC. CAUFORNIA
LOS ANGElES COUNTY
My Comm hpires July 5, 1988
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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.
7/
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
instrument on the date shown opposite their signatures.
this
"COVENANTORS"
Dated:
1j-1-~7
,
Dated:
t/-7-gJ
~h~ C. 4y~}
Phyl' C, Owen, Wlfe
"COVENANTEE"
City of Arcadia
Dated: 1/-9.-67
APPROVED AS TO FORM:
m::H lllef)1$
City Attorney
87- 574184
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SUBJECT GARAGE
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PLOT PLAN
EXHIBIT "A"
N.T.S.
87- 574184
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