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HomeMy WebLinkAboutD-2367 -. '"I I 88 973836 , RECORDED iN OFF1C!I\L RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 31 MIN. 9 A.M, JUN 20 1988 PAST. 3 D1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia, 240 W. Huntington Dr. Arcadia, CA 91006 l FEE $9 -I COVENANT AND AGREEMENT GUEST HOUSE/ACCESSORY LIVING QUARTERS FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION receipt of which is hereby acknowledged, LYLE A. SCHMIDT AND KAREN L. SCHMIDT, Husband and Wife hereinafter referred to collectively as "Covenantors", hereby declare they are the awners af that certain real property lacated at 2300 S. Third Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lot 17 of recorded in Maps, ,in the said County. Tract No. 13347, as per map Book 269, Pages 39 and 40 of office of the County Recorder of all of which aforedescribed is hereinafter referred to collectively as the "Affected Land" hereby agree and cavenant wi th the Ci ty of Arcadia, a Municipal Corporat ion (herei nafter referred to as the "Covenantee") on behalf of and for the benefit of the Covenantee's land, which is the public street and right- af-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 Site Plan (Exhibit "A") 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 is for the sole use of members of the family occupying the main building; persons employed by the main building and rendering such services primarily on the property; and/or the temporary use of guests of the family occupying the main building. 2. If this Covenant and Agreement is breached by Covenantors or their successors or assigns, Covenantee is hereby authorized ta 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. successars 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 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. \~tT of ~ c2:r~ I ~ , On ~ - /.y .R.R . betore me, the unders1SD,ltd, ,a DOtarT ~bllO 1n and for ea14 c~~ ~ ~te, perso~ appeared Z,! /t!? /J, C:l'1hfYIld-h -:J- 4 t"'t"'J 1'1 /" ~~ MI ~ ' per80~ know to me (or proved to me on the basis ot eat.1stactozy ev:l..denoe) to be the person s) whose name(s) 1siare sUDscribeci to the witb1n inBtnlment and aoknovledp4 that said person(lI) executed the eame._--,- INDIVII!1AL , . State of Calltorma ) ~ SS. \lI'mESS rrq hand and ,0tficiAl Ileal : (Seal) ..III.OII....ll' J.1 ec_-. " l.. OFFICIAL SEAL ~ ~- KATHLEEN S. FOOGETT \ .. .. .. ;. Notary Public.Galifomia \ ~ c).. Prinr.i~l Office In Los Angeles County" ~I ,. My Comm. Exp. Dec. 20, 1989 . :i , 88- 973836 ~~,f~ 1~ '/ I I 5. The Ci~y of Arcadia in its capacity as Covenantee and in its capacity as the legal representative of the residents of the City of Arcadi~ and more particularly as the legal representative of all the owners of the Benefitted Land is hereby authorized to enforce the provisions af this Covenant and Agreement. I I I 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 juri~diction, such decisions shall not affect the validity of the remaining portions of this Covenant and Agreement. ' i I IN WITNESS WHEREOF, Covenantors have executed instrument on 'the date shown opposite their signatures. this "COVENANTORS" i I Dated: ct -/S:,~~ Lff-S~i~ I I , ' , I Dated: 6 -JS-pg ~/~~ aren L. .schmidt, Wife I ' "COVENANTEE" City of Arcadia , I I I Dated: ~~/?S'R APPROVED AS TOI~ORM: I[)"~ j)J!~ , ' (- '------ -----, City Attorney , I I\,,~ I I I , I I I I -2- I I I I I I 88"j. 973836 I I . ' " RE.MoDel.eD c_ . foloU~E Z,3b4 541. FT. .' , - .{ I ~ 1- e;uesr HOU~E ., q 4- 64', FT. g- c.AR 4ARA4E. 8St :SIP. FT. 'q NOR-rl+ SCALE: /.030' r--; L --_ --==___,;____jJ~:.O'I#f__ . -------------- APp'p 'l'26.88 2300 6. TfI/RD Ave, SIT E P LAN Exhibit "A" 88- 973836