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HomeMy WebLinkAboutD-2381 , ~- '. . ,;" '1 ,tL~ lii91812 ~ RECORDING~REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney I City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 i RECORDED IN OffiCIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CAlIFORNIA ,j. MIN. 0 i/ , 'I PAST. 6{}4Yl OCT I 1988 L :cr J FEE $9 j COVENANT AND AGREEMENT REGARDING RECREATION ROOM FOR GOOD, I VALUABLE AND ADEQUATE CONSIDERATION which is hereb4 acknowledged, DALE A. NEWTON AND MARGARET B. NEWTON, Husband and Wife as Community Property I hereinafter re.ferred to collectively as "Covenantors", hereby declare they are the owners of that certain real property located at 943 Balboal Drive in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: I Lot 9, Tract No. 11932 as per map recorded in Book' 219, Pages 39 and 40 of Maps, in the office of the County Recorder of said County. -., receipt of all of whic~ aforedescribed is hereinafter referred to collectively as the "Affected Land" hereby agree and covenant , with the City of Arcadia, a Municipal Corporation (hereinafter referred to as Ithe "Covenantee") on behalf of and for the benefit of the Covenantee's land, which is the public street and right- of-way adjacen't and contiguous to the Affected Land, and on behalf of and I 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 Recreation Room on Affected Land shown on the Site Plan (Exhibit "A") shall not be used as a separate dwelling unit, accessory living quarters, guest house, apartment or bedroom, shalllnot be rented and shall not be equipped with any kitchen facilities. I 2. If i this Covenant and Agreement is breached by Covenantors or their successors or assigns, Covenantee is hereby authorized tol 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 Ibe 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. I I Covenantors in linterest 3 . agree to notify their assignees and in Affected Land of their Covenant \ and successors Agreement. 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 heirs! successors and assigns of the owners of the Benefitted Land, and this Covenant and Agreement shall run with the land and ~hall be binding upon the heirs, successors and assigns of the ~ovenantors, and may be released in writing by the Covenantee. 5. The City of Arcadia in its capacity as Covenantee and in its capacity a~ 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 prbvisions of this Covenant and Agreement. nmIVD:!1AL . State ot Calltorm.a ~v of' Los Angeles ~ SSe On Septembe'r 7th 1988 . betore me, the undersigned, a DOtarr Plbl10 :in and tor ea1d coUnv ADd state, persoD4l1J appeared Dale A. Newton and Margaret B. Newton ,. , personall1 known to me (or proved to IDS on the bas18ot""iaUstactolT evidcnoo) to be the ~!"BOIl(B) lIhollo _(8). is/are subsoribed to tho within inBtNment and aclmovledgod that ea1d person(s) executed the same. ,,__'" I I 'WITNESS rtq band andott1cial seal I : (Seal) I r_':~;i~z~f,:"l . " - NQTARY BONO FilED IN : i . :'" LOS ANGELES COUNTY : . My COmmission Expires May 24, 19S9 *i ...............~....~...~.......... 88-1591812- !!!::J:.~~,/!!Er 7/& ( , - -l< . , " , I I 6. If any section, subsection, sentence, clause, phrase or portion of thi's Covenant and Agreement is for any reason held to be invalid or lunconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the ~ validity of Ithe remaining portions of this Covenant and ~ Agreement. I IN WITNESS , ' lnstrument on the I I WHEREOF, Covenantors have executed date shown opposite their signatures. this "COVENANTORS" Dated: q- 7-l?8> I tff/(lh Dale A. Newt Dated: 9-7- 4>1 ~8~~J7nu Mar a t B. New n, Wife I I Dated: 9-/.v'-Ji'f_ "COVENANTEE" City of Arcadia I APPROVED AS TO IFORM: I f)1/JA Michael H Miller Ci ty Attorney , ., -2- , , ---- \ .. I . .. . .~ . . I .. . -", .I Rec/UA1IO/'J '--: RoOM 34Z. I I c<IIRA<i6 .1<---16'-) 3'- ,.. " '" '> ..... i !!: 1 I 11,4' '0 "" I i """r 1- 6-rORY HoUSE. .... '" .,. ..... ,. . i ~~ ;:: rr= 60' bAL.BOA --- DR, SIT E P LAN Exhibit "A" !J ..... N () R. 'n+ SGAL-f: I'" 20' qlf3 BAL.BOA- DR. Me 88-()57 88-1591812 -