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RECORDING REQUESTED BY A
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Dr,
Arcadia, CA 91006
88- 146534 I
lJiZ35"/
RECORDED IN OFFICIAL RECOaOS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
1 P~~~. 2 P,M.fEB 2 1988
COVENANT AND AGREEMENT CONCERNING
OCCUPANCY REQUIREMENTS - AGE AND NUMBER OF RESIDENTS
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged, and as a valid condition for
granting of Conditional Use Permit No. 86-l4
ARCADIA ROYALE, a California General Partnership
(comprised of the principals of Goldrich, Kest and Associates)
herei nafter referred to collect i vely as "Covenantors", hereby
declare they are the owners of that certain real property located
at 607-61l West Duarte Road in the City of Arcadia, County of Los
Angeles, State of California, legally described as follows:
Lot 44, Tract 3430 in the City of Arcadia, County of
Los Angeles, State of California, as per map recorded
in Map Book 42, Page 32 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
wi th the Ci ty of Arcadia, a Municipal Corporat ion (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. The Affected Land shall be held, developed and used as a
llO room and care facility consistent with the requirements of
City of Arcadia Resolution No, 5339 (attached) granting
Conditional Use Permit No. 86-14. Accordingly, occupancy of the
property shall be limited to persons sixty (60) years of age or
older, excluding management and maintenance personnel required to
reside on the property, and such other persons as may be required
by applicable provisions of California Law. Covenantors shall
verify through appropriate documentation the age of its tenants
and shall make thi s document at ion avai lable to the City upon
request. The maximum number of residents shall not exceed one
hundred fifty four (154), with an average of l, 5 resident s per
room and no room shall have more than two (2) occupants.
2, This Covenant and Agreement is for the benefit of the
affected land and shall inure to the benefit of the Covenantee
and its heirs, successors and assigns and is for the benefit of
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, The foregoing notwi thst anding, the part ies
acknowledge that (i) such provisions do not create any additional
rights in the owners of the Benfitted Land and their successors
and assigns over and above rights held generally by all property
owners and (ii) the right to enforce or exercise the rights
granted herein, if any, on behalf of owners and the successors
and assigns of the Benefitted Land resides solely in the City of
Arcadia pursuant to the provisions of Paragraph 3 below,
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PARTNE~
88- 146584
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STATE OF CALIFORNIA
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55.
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COUNTY OF
e,
On :::r~ 2fo I I qrfrt , before me, the undersigned, a notary public in and for said
sta te, personally' appeared el<. c _, ,
personally known to me (or proved to me on the basis of satisfactory evidence to be the
person that executed this instrument, on behalf of the partnership and acknowledged 'to
me that the partnership executed it.
WITNESS ~ hand and official seal
(Seal)
'.' "OFFICIAL
t;T,J~~__&Il
" !..OS ANGaESCCIUNIY
, :/'1 C= &pIroo Cd. . 1991
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3. 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.
Covenantors aand their officers, agents, and employees agree that
to insure and monitor compliance, the City of Arcadia pursuant to
direction of the City Planning Director shall have the right to
review and inspect records of the Covenantor concerning occupancy
of "affected land" and to physically inspect the premises of the
"affected land" at reasonable hours.
,3
4, 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"
ARCADIA ROYALE
A California General Partnership
Dated: (ko?.( $<f
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By , (
Rdbert Hi ch, Gen ral Partner
"COVENANTEE"
City of Arcadia
Dated: /~qJ,:f-c?P
BY6~W/~
City Manager
APPROVED AS TO FORM:
JfJ:!:iilr ~
City Attorney
(
88~ 146534
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