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HomeMy WebLinkAboutD-2377 -.,- " , " I I I I 88-1464324 '( " -', i I RECORDING REQUESTED BY AND WHEN RECORDED IMAIL TO: ,City Attorney i I City of Arcadia , I, 240 W. Hunt~ngton Dr. Arcadia, CA 91006 ~ I I I COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING I (STUDY AND RECREATION ROOM) '---- - --- 1 RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY. CALIFORNIA 31 MIN. 9 AM SEP 13 1988 PAST. . . F I FEE $13 J 5 FOR GOOD, I VALUABLE AND ADEQUATE CONSIDERATION receipt of which is here~y i acknowledged,' I ECKHARD GOTTLING AND MIMICKA GOTTLING, Husband and Wife .... I I hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain real property located at 2018 South ~&cond Avenue in the City of Arcadia, County of Los Angeles, statd bf California, legally described as follows: That 'portion of Lot 106 of Arcadia Acreage Traclt; as per map recorded in Book 10, Page 18 of'Maps, in the office of the Los Angeles coun'ty Recorder described as follows: Begi'n~ing at a point in the Westerly line of said Lot, distant North 0 degrees 24 minutes , I West 625 feet from the Southwesterly corner of IS\;id Lot; thence parallel with the southerly line of said Lot, North 89 degrees 36 mihutes East 440.92 feet; thence parallel with' :the Westerly line of- said Lot North 0 degrees 24 minutes West 90 feet; thence paraQiel with the Southerly line of said Lot, soutPl89 degrees 36 minutes West 440.92 feet to the Westerly line of said Lot; thence along I said Westerly line South 0 degrees 24 minu'tes East 90 feet to the point of ,I I, beglnnlng. Except therefrom that portion lying Easterly of the most Westerly line of Tract No.- 19974, as ~e~ map recorded in Book 596 Pages 59 and 60 oflMaps, records of said County. all of whic'h I aforedescribed is hereinafter referred to collectively aSI the "Affected Land" hereby agree and covenant wi th the City of Arcadia, a Municipal Corporation (hereinafter referred to asl ihe "Covenantee") on behalf of and for the benefit of the Covenant~e's land, which is the public street and right- of-way adjaceAt: and contiguous to the Affected Land, and on behalf of and! for the benefit of the "Benefitted Land" which consists of a~dl includes all the public and private land located within 500 feet ,of the Affected Land, as follows: 1. That It~e Accessory Building on Affected Land shown on the Site Plan 1 (:Exhibit "A") and Floor Plan (Exhibit "B") shall ~ot be used las a separate dwelling unit, accessory living quarters, guest1house, apartment or bedroom, shall not be rented- and shall 'not ~~ equipped with any kitchen facilities. 2. If ,this Covenant and Agreement is breached by Covenantors or their successors or assigns, Covenantee is hereby authorized td! bring an action in a court of competent j urisdictioI'l to I 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 Covenarlt~e to enforce this Covenant and Agreement, if this CovenaI'lt a~d Agreement is breached, the City of Arcadia may revoke. jc I 1 I I , . ' pmIVmfAL .:J '..~ ' StAte of CalltorDia bcAm1;y or LOS ANGELES ) ~ SSe . . On SEPTEMBER 3, 1988 . before me, the undersigned, a DOtar,r Plbl10 111 and for ea.1cl ccnm1;y an4 stAte, perso~ appeared ECKHARD OOITLING & MIMICKA GOTILING . ~rsotlAll7 knoWn to me (or proved to me on the basis of sathtactol"1 ov1donco) to be the person(s) whose _(s) :i,s/are subscribed to the with:ln instrument and aclmovledpd thAt ,. said person(s) executed ,the SlllIlC~ " ---'- -. ",: \'. . t . ~. . -. .. ~,~ '. WITNESS flIT hand andotfic1al seal ,{Seal) .. ( , ~:".,~' OFFICIAL SEAL l/" " \ , MAGGIE L LOPEZ . : ; NOTARY PUBUC-CAUFORNIA . , lOS ANGELES ,COUNTY O' MY CI)lMISSlilHIIPlIlES J\JIE .19, 1969 ~ ..' "B8-1464324 '1~ ",:,"- .. Ii I I 3. Covenantors agree to notify their assignees successors inl linterest in Affected Land of their Covenant Agreement. ! I 4. This ICovenant and Agreement is for the benefit of the land and shall inure to the benefit of all the Benefitted Land 'and the hei~sl successors and assigns of the owners of the ,Benefitted Land, and this Covenant and Agreement shall run with 'the land and I khall be binding upon the heirs, successors and assigns of the ICovenantors, and may be released in writing by the Covenantee'- "., 'I' ',~ .:: I J.~~'!:',>':'~"f'~" 5. The:C~t~ ot~Arcadia"in its capacity as Covenantee and in its~capacity k~ the legal representative of the residents of the :City of Arcadia and more particularly as the legal representative of all the owhers of the Benefitted Land is hereby authorized to enforce the prbvisions of this Covenant and Agreement. I IJr and and , 6. If any section, subsection, sentence, clause, phrase or portion of thls Covenant and Agreement is for any reason held to be invalid or lunconsti tutional by the decision of any court of competent jurisdiction, such decisions shall not affect the . validity of I the remaining portions of this Covenant and 'Agreement. , I IN WITNESS instrument on I' the II WHEREOF, Covenantors have executed date shown opposite their signatures. this "COVENANTORS" Dated: q ~~, 'i ~ ~ , , I I II 'Dated:~t.: 0,1168 I ./?uul/l-'~ Eckhard Gottling, ~ , Mimlcka Gottling, fJ /' "COVENANTEE" City of Arcadia " . ,Dated: , 11 9'- f{_J'; , .' ,APPROVED AS T0 ,FORM: , '> I mlf1 'Mic?!JdiU~r , I City Attorney I '. I 1 -2- . ~ 88-1464324 , .. ",~' ~I I -=-.-:-::..:- . --~"'''''''''''''''-L ~t '--r ::.. _ ~ .,.----- , , I" o [I I". I~, ~I ./.-- -"'- ...., 'h- --', /f jL..:J t. ACCESSORY ./ , ~ I I BUllDINO i:'. i - ; I.;... .1_ _~ , ,-" ~ o I 'I ----...,. EXISTINQ OAR AOE /' ',' \ EXISTINO POOL EXISTINO HOUSE I \ " .--:- I,'. f'-'~~-iii~i~~~-=' 11.._.__._............_ \ ': '. " _.._~_\ 'r''';-- J _ " __ '. - -i.__, 'SOUTH SECOND AVENUE . I EXHIBIT A 88-1464324 . c::: /' ~ ,,'. IP" ~ '::\ 1::, +- . II b';;" , , , I ~ i~~~1 -,-- ~it- . ._._-~.. 1::1 -, ~ l~"o" I I I", ; Il -.----"- -- c '-. -' , - _It ,_'~_ --, -'1:"-_ " ., \(\ - 1 i ~a "'li?M~ ~1' I '1" I , ;.., '!!>""-"l'oAb.. 5 '!-JPi.., @ -', 'I I ' , Iii\....... i Ie;':. l't.' i llif' ,-- i .ICI" I \&;-" I fn i ,- l ' , ' !" ~' =:: = <1'-t '; ~ : f. .(<r \ '7'iJ -~S~-'-- ':~~~r-~~ --~--~i------ : - <D 1A\..f.1"L.....:.:/ ", J, I, I J'CY\!../7 , ::~c'> .- ~I._- ~=:~t-r~N '." __ {'~ :z.,.'" Ih,l \ ___u, , I \~,; I V/-- ----~ - -- ED -\i: ! -, , i l5' , I \ I ,~ , ti ~ (~ , , ~ i, / i I I i I I I ~ -, ~ ACESSOR Y BUILDING ---\ , ., r Existing Garagt [:::~:~:~:~:~':::~:~~~_::J EXHIBIT B 88-1464324