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HomeMy WebLinkAboutD-2351 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, \., l PARTNE~ 88- 146584 ~ ", STATE OF CALIFORNIA ~ ) 55. /' 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 " . . + - ~- ~ . ~~ .' p " 3/8J 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 ~ 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 -2- "