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Home My WebLink AboutD-2326 " '87 ---- I /7~Jcd 900460 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: city Attorney City of Arcadia 240 W, Huntin9ton Dr. Arcadia, CA 9lU06 AND RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE i, LOS ANGELES COUNTY, CALIFORNIA ."'" MIN ""'", 31 PAST, 9 A,M,JUN 8 1987 M 5 COVENANT AND AGREEMENT REGARDING GUEST HOUSE/ACCESSORY LIVING QUARTERS FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION receipt of which is hereby acknowledged, GEORGE C. SEXTON AND ALTHEA L. SEXTON, Husband and Wife hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain real property located 1730 S. Second Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: )730 f~-{4., That portion of Lot 104 of the Arcaadia Acreage Tract, in the City of Arcadia, as per map recorded in book 10 page 18 of Maps in the office of the Los Angeles County Recorder described as follows: Beginning at the southwest corner of said lot', thence notherly along the west line thereof, 92.5 feet; thence easterly parallel with the southerly. line of said lot, ~40.92 feet; thence southerly parallel with the westerly line of said lot; 92,5 feet to a point in the southerly line thereof; thence westerly along said southerly line, 440,92 feet to the point of beginning. EXCEPT the easterly 235.00 feet thereof. 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 the main building and rendering such services primarily on the property; and/or the temporary use of guests of the family occupying the main buiding. 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. GENERAL ACKNOWLEDGMENT 3 NO 201 ; State of California } ss. On this the 28th:lay of May 19 87, before me. County of Los Angeles A.N. Greene , 87 900460 the undersigned Notary Public, personally appeared George C. Sexton & Althea L. Sexton , .....a!~ o.~ iJ ~- 0 personally known to me t? .~ A. N. GREENE !&I proved to me on the basis of satisfactory evidence = -.a; '~I NOTARY PUBLIC . CAllFORf~IA ~, 0 PRINCIPAL OFFICE IN to be the person(s) whose name(s) ;.lrp. subscribed to the \:. , . . i LOS ANGELES COUNTY within instrument, and acknowledged that they executed it. '" " II ' My Commis:iio!l Ell'. JUlle 12, 1987 WITNESS my hand and official seal. t d~u~ Notary's Signatu .:..:.:: , .' ,it ., ,. ... ", .(,. 3. successors Agreement. Covenantors in interest agree to notify in Affected Land their assignees of their Covenant and and 4. This ,Covenant and Agreement is for the benefit of the land 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, 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. 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 bf 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: ~~ 'n1"'~, lq87 I ~ . JC d;:;J ,~'c. Sex on, Husband Dated: J1 is ~d' /9 n ff~11 J / Ji4 Al thea L. Sext ,Wl fe "COVENANTEE" City of Arcadia O".d'~C ;~/f?/? By // d~/-d ~ ~'J'.'yMo 'C~ Clty Manager APPROVED AS TO FORM: !filL 1D 900460. M1C ael lller City Attorney " -2- \. i".", ,I. , ' ;.., , I f ,GUEST HOUSE ~ -' ii ~ , Ol ;., ::: - ~ I ~ ~ II ,- :ot .. CARPORT .. C1' ~ o l\J RESIDENCE . .11) ~ .. o ill PLOT PLAN 'o, p - - -1 " NTS 87 900460 ,ffi .' \J7 1730 S. SECOND AVE. EXHIBiT" A" .. , , :I J ~ ~ I ta "" 11 o €) =() .' , t}, BEDROOM .. , .. CLOSET STORAGE LIVING ROOM IS STORAGE , CARPORT ~ .1 c:a -' FLOOR PLAN 1 ~ :;';) 1- , ~ $Z 87 900460 / EXHIBIT liB"