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HomeMy WebLinkAboutD-2329 _ _T :J- 87-113"lZ~ -~" 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. 3 PAST. P.M.JUL 16 ]987 COVENANT AND AGREEMENT REGARDING DETACHED GARAGE/RECREATION ROOM FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION receipt of which is hereby acknowledged, WILLIAM J. SINAUSKAS AND MARY LOU SINAUSKAS, Husband and Wife hereinafter referred declare they are the l855 Oakview Lane in State of California, to collectively as "Covenantors", hereby owners of that certain real property located the City of Arcadia, County of Los Angeles, legally described as follows: PARCEL 1: The North 236.32 feet measured along the West line thereof, of that portion of Lot 9, in Block 98 of Santa Anita Tract, in the City of Arcadia, as per map recorded in Book 34 Pages 4l and 42 of Miscellaneous Records, in the office of the County Recorder of said County, lying West of the West line of the 50 foot channel of the Los Angeles County Flood Control District, as described in deed recorded in Book l6849 Page 232, official records, in the office of the County Recorder of said County. PARCEL 2. An easement of right of way for ingress and egress and for all road purposes over, along and through that certain strip of land 25 feet in width adjacent to and parallel with the Westerly line of the Los Angeles Flood Control channel, said 25 foot strip being the Easterly 25 feet of the hereinafter described property, to wit: Those portions of Lots 8 and 9 in Block 98 of Santa Anita Tract, in the City of Arcadia, as per map recorded in Book 34 Pages 4l and 42 of Miscellaneous Records, in the office of the County Recorder of sid County, lying West on the West line of the 50 foot channel of the Los Angeles County Flood Control District, as described in deed recorded in Book l6849 Page 232, Official Records, in the office of the County Recorder of said County, and lying between lines parallel with the North lines of said lots and distant Southerly 236.32 feet and 697.86 feet respectively, measured along the West line of said Lot 9, from the North lines of said lot. PARCEL 3. A non-exclusive easement and right of way for ingress and egress and for all road purposes over that certain strip of land 25 feet in width adjacent to and parallel with the Westerly line of the Los Angeles Flood Control Channel, said 25 foot strip being the Easterly 25 feet of the following described property, to wit: 1 K 4 -'- The South 88.38 feet of the North 786.24 feet of those portions of lots 8 and 9 in Block 98 of Santa Anita, in the City of Arcadia, as per map recorded in Book 34 Pages 41 and 42 of Miscellaneous Records, in the office of the County Recorder of said County, lying West of the West line of the 50 foot channel of the Los Angeles County Flood Control District, as described in deed recorded in Book l6849 Page 232, official records, in the office of the County Recorder of said County. PARCEL 4: A non-exclusive easement for the above described purposes over the South l5 feet of the North 786.24 feet of those portions of Lots 8 and 9 in Block 98 of Santa Anita Tract, in the City of Arcadia, as per map recorded in Book 34 Pages 4l and 42, Miscellaneous Records, in the office of the County Recorder of said County, lying West of the West line of the 50 foot channel of the Los Angeles County Flood Control District, as described in deed recorded in Book l6849 Page 232, official records, in the office of the County Recorder of said County. EXCEPT the West l57 feet of said land. ALSO EXCEPT that portion included in parcel 3, above described. 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 "Benefi tted Land" which consists of and includes all the public and private land located within 500 feet of the Affected Land, as follows: l. That the detached garage/recreat ion room on Affected Land shown on the Plot plan (Exhibit "A") 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. 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. 87-1132285 -2- GENERAL ACKNOWLEDGMENT fG. NO. 201 '{ ~ I State of California On this the / ~day of 19..E2 before me, ..:::TU.0V } 55. CouQtyof Los Angeles PATSY LEISURE the undersigned Notary Public, personally appeared , UJ/LL/I}-fn .:r s /A.JI'lUSK/lS ~mlfttv Mtt SI/lYk.(~~ .................................... 0 personally known to me :@"OFFICIALSEAL:J{provedtomeonthebaSiSOf satisfactory evidence ! . '-'. PATSY LEISURE ! to be the person(s) whose n3me(s) are subscribed to the : -.,; . NOTARY PUBLIC-CALIFORNIA: within instrument, and acknowledged that they executed it. . , NOTARY BONO FILEO IN : : .,,' LOS ANGELES COUNTY . WITNESS my hand and official seal. : My Commission Expires May 1. 1989: /J 4 ' ~I . .................................... , ~ LA. <t.'l ~; ...) ~ ~ ' Notary's Signat L-~~~~.....2?'"..&"'~~~~~~;=~ ==-~ 711.;) 1~ NA.TlONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. . PO Att", ~. ~ w.A. r... AI':lA.l. r'" 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 instrument on the date shown opposite their signatures. this "COVENANTORS" Dated: ,/13/87 , ~~(JJ;jA- Wllllam . Slnauskas, Husband Dated: ~/;3ff1 . , ,~~~,/ Dated: '/', /~t?:/ "COVENANTEE" City of Arcadia BY.&~ City Manager APPROVED AS TO FORM: 1Q;li !IMmfl City Attorney 'I,;. , 87-1132285 . "- ,] -3- , 9lrca!i.v CuJlOttU pDio PATIOS DESIGNED FOR FINE HOMES 401 N. FIRST AVE. ARCADIA, CALIF. 91006 (818) 445-7924 General Contractor License No. B 340668 I ~/b~. .1 J -~, 1:1 / 'A \. \ "' i.I\' ~, J:I J:: ' ~ k\ ~ ...,.. f'1. u'/ : It\ .J ." ,'..... ' : c. I \ \.\1" ~_ 0 _ , ~~ \ ./ ,LVS: ! , \ ~[) 1\ .- ,Z.i... 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