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88
973836
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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
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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~
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, 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 .
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88- 973836
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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.
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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. '
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IN WITNESS WHEREOF, Covenantors have executed
instrument on 'the date shown opposite their signatures.
this
"COVENANTORS"
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Dated: ct -/S:,~~
Lff-S~i~
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Dated: 6 -JS-pg
~/~~
aren L. .schmidt, Wife
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"COVENANTEE"
City of Arcadia
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Dated: ~~/?S'R
APPROVED AS TOI~ORM:
I[)"~ j)J!~
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City Attorney
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88"j. 973836
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RE.MoDel.eD
c_ . foloU~E
Z,3b4 541. FT.
.'
,
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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