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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
, RECORDED IN OFFICIAL RECORDS
.- RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
31 ~~T. 2 p. M.MAR ]61989
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89
412A80
[FEE $11
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4 Fl
COVENANT AND AGREEMENT REGARDING AN ACCESSORY BUILDING
(RECREATION ROOM)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION receipt of
which is hereby acknowledged,
WAYNE A. LYON AND LYNETTE C. LYON, Husband and Wife
hereinafter referred to collectively as "Covenantors", hereby
declare they are the owners of that certain real property located
at 1108 Monte Verde Road in the City of Arcadia, County of Los
Angeles, Stat~ of California, legally described as follows:
Lot 22, Tract No. 14428, as per map thereof
recorded on July 3, 1947 in Book 305, pages
37 and 38 of maps, records of Los Angeles
County, excepting all water or waters in
or under said real property.
SUBJECT to easements, rights of way, covenants,
conditions, restrictions, reservations of
record and subject to easements, rights of way,
covenants, conditions, restrictions, and
reservations set forth herein and in that certain
declaration of restrictions dated November 4, 1947
and recorded November 18, 1947, at page 269 of Book
25430 of the Official Records of Los Angeles County,
California.
All of which aforedescribed is hereinafter referred to
collecti vely as the "Affected Land" hereby agree and covenant
with the City of Arcadia, a Municipal Corporation (hereinafter
referred to as the "Covenantee") on behalf of and for the benefit
of the Covenantee's land, which is the public street and right-
of-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:
I. That the Accessory Building (Recreation Room) on
Affected Land shown on the Site Plan and Floor Plan (Exhibit "A")
shall not be used as a separate dwelling unit, apartment,
accessory living quarters, guest house, or bedroom, shall not be
rented and shall not be equipped with any kitchen facilities,
2. If this Covenant and Agreement is breached by
Covenantors or their successors or assigns, Covenantee is hereby
authorized to bring an action in a court of competent
jurisdiction to enforce this Covenant and Agreement. In the
event of such legal actions, CQvenantors 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 .
successors
Agreement.
Covenantors
in interest
agree to notify their assignees and
in Affected Land of their Covenant and
4 .
land and
and the
This Covenant and Agreement is
shall inure to the benefit of
heirs, successors and assigns
for
all
of
,~'-
the
the
the
-15enefit of the
Benefitted Land
owners of the
nmIVIIUAL
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, ClI1 /VI /.\Rc.1-l \::. \"Ie<> . be~ore me, the undersisned, a DOterr ~bl1o 1D and tor aa1d
coUnt7 eJU1 sta~,' persoDA1l7 appeared W~:"lk A', '-....0.> AV!> L'r';C\O'TIE (.", L't'oo..l
persollAl.l7 known to me (or proved to me on the ballis o~ aat.1lltacto17 evidenco) to be the
person(s) llholle name (II) ~/are subsoribed to the w1tb1n instNment. and ackDovled.sed tha.t.
said person(s) executed the eame. ..___'_
'WI'mESS ff1T band and ,o~f1c1al Ileal
,(Seal)
89
41Z480
. OFFICIAL SEAL
PETER W BERNARD
. NOTARY PUBLIC - CALIFORNIA
, LOS 'ANGE~ES COUN1Y
. My comm, expires Jut 24, 1992
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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.
5. The City of Arcadia in its capacity as Covenantee and in
its capacity as the legal representative of the residents of the
City of Arcadia and more particularly as the legal representative
of all the owners of the Benefitted Land is hereby authorized to
enforce the provisions of this Covenant and Agreement.
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 jurisdiction, such decisions shall not affect the
validity of the remaining portions of this Covenant and
Agreement.
IN WITNESS WHEREOF, Covenantors have executed
instrument on the date shown opposite their signatures.
this
"COVENANTORS"
Dated:
3-13- BS>
w~e~o~
Date:
3-1'3-'?J~ '
~4 L~~~~
"COVENANTEE"
City of Arcadia
Datedg~/0~
APPROVED AS TO FORM:
.
~JlIJ~
City Attorney
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89 412480
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