HomeMy WebLinkAboutD-2381
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RECORDING~REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney I
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
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RECORDED IN OffiCIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CAlIFORNIA
,j. MIN. 0 i/ ,
'I PAST. 6{}4Yl OCT I 1988
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J FEE $9
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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
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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:
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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.
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receipt of
all of whic~ aforedescribed is hereinafter referred to
collectively as the "Affected Land" hereby agree and covenant
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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.
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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
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Covenantors
in linterest
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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
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State ot Calltorm.a
~v of'
Los Angeles
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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
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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. ,,__'"
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'WITNESS rtq band andott1cial seal
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: (Seal) I
r_':~;i~z~f,:"l
. " - NQTARY BONO FilED IN :
i . :'" LOS ANGELES COUNTY :
. My COmmission Expires May 24, 19S9 *i
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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
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WHEREOF, Covenantors have executed
date shown opposite their signatures.
this
"COVENANTORS"
Dated: q- 7-l?8>
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tff/(lh
Dale A. Newt
Dated: 9-7- 4>1
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Mar a t B. New n, Wife
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Dated: 9-/.v'-Ji'f_
"COVENANTEE"
City of Arcadia
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APPROVED AS TO IFORM:
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Michael H Miller
Ci ty Attorney ,
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SIT E P LAN
Exhibit "A"
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SGAL-f: I'" 20'
qlf3 BAL.BOA- DR.
Me 88-()57
88-1591812
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