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HomeMy WebLinkAboutD-2600IIIIIIIIIIIIIIIIIIIIIII IIIIIIII II III IIIIIIIII I II LEAD S H E E T itECEIVED OCT 21 2002 CITY OF ARCADIA CtiY CLERK _. <_...... ~'Oin/o.~~~a~m/ r,vF', I 02-2i~~63 _. _.. -.__ ; LOS ANGELES COUNTY CALIFORNIA 1:21 PM SEP 09 2002 SPACE ABOVE THIS LINE FOR RECORDERS USE FEE CODE 20 CODE 19 CODE 9 ~E 7 - .5~ '/ DA. FEE C®de 20 ~ ~~; TITLE(S) Assessor's Identification Number (AIN) To Be Completed By Examiner OR Title Company In Black Ink Number of Parcels Shown • THIS FORM IS NOT TO BE DUPLICATED D~6oa 02=2112963 ~ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 C-OVENANT-AND AGREEMENT-REGARDII~TG ACCESSORY--BUILDING- (WORKSHOP) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, JULIO M. GOMEZ AND BLANCA L. GOMEZ, husband and wife as joint tenants hereinafter referred to collectively as "Covenantors", hereby declare themselves to be the owners of that certain real property located at 801 N. Second Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: The South 50 feet of the East 150 of Lot 9, Block 89 of Santa Anita Tract, as per map recorded in Book 34, Pages 41 and 42 of Miscellaneous Records, in the office of the County Recorder of said County ("Affected Land"). Covenantors 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 adjai~nt 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 Accessory Building (Workshop) shown on the attached Exhibit "A" shall contain only one (1)'/4 bathroom, shall not be used as accessory living quarters, shall not be used as a guest house, shall not be rented, and shall not be altered or expanded in any way from the approved floor plan shown on the attached Exhibit "B". ~~ k~'1 11d-~y ~a(~ 1 D 1 M'me' ~ ~I (~''~-~.~rl'P~.*,~ 1 3 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 action, Covenantors or their successors or assigns shall be liable for the reasonable attorney fees of Covenantee, if Covenantee is the prevailing party. 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 solely at its - -- - -option,- revoke this Covenant and -Agreement and any and all approvals granted.by Covenantee for the Accessory Building described herein. 3. Covenantors agree to notify their assigns and successors in interest in Affected Land of this Covenant and Agreement. 4. This Covenant and Agreement is for the benefit of the Covenantee and its heirs, successors and assigns and is for the benefit of and shall inure to the benefit of all the Benefitted Land and the heirs, successors and assigns of the owners of the Benefitted Land. This Covenant and Agreement shall be binding upon the heirs, successors and assigns of the Covenantors, and may be released only 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. 2 02 2112963 IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite the signature. "COVENANTORS" Dated: , 2002 JULIO M. GOMEZ Dated: x ~ r s / , 2002 Dated: ~•~' , 2002 APPROVED AS TO FORM: BLANC OME "COVENANTEE" City of Arcadia ~1~ William R. Kelly City Manager -.-~~: ~~~ Step en P. Deitsch City Attorney 3 r 02 2112963 ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On ~~~k \S of VOeL before me, ~C,JJ __ oam 11 personally appeared ~~n~ a ~ i d ~ to MARINA SIMONIAN CorrttnKtfwl i 1218850 ~~ Couny - My Corrrn. Firptes NIOY 9. ZaOCi ss. Name anc Title of Officer te.g..'Jane ^ personally known to me ~! proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~/are subscribed to the within instrument and acknowledged to me that h~lsl\e/they executed the same in f~/h~r/their authorized capacity(ies), and that by hts/I~r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W ITN S my hand an icial seal. signs re of Notary PUellc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent Iraudulent removal and reattachment of this /arm to another document. Description of Attached Document Title or Type of Document: i ~ Document Date: ~~ ~ ~-E~ \ ~ s ~~n et Number of Pages: ~(j_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual rop of mama Here ^ Corporate officer-Ttle(s): ^ Partner-^Limited ^General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: O 1999 NatiaW Noary ~xwdatron • 9350 De Sdo Am., P0. Box 2002 • CfiatswaM, LA 91313~2<02 • wn'x.nelgnalnolery ag Prod. No. 5901 ReoNe,: Cell TdFFree 1~9Wb16W¢I ;~ 02 2112963 SUBORDINATION AGREEMENT WASHINGTON MUTUAL BANK, FA, successor by merger to GREAT WESTERN BANK. A FEDERAL SAVINGS BANK (LOAN NO. 1-421376-5). being the beneficiary under that certain Deed of Trust entered into on July 10. 1992 as Instrument No. 92-1254040 Official Records of Los Angeles County Recorder said Deed of Trust is and shall be subordinate and inferior to the Covenant and Agreement Re arg din¢ Accessory Building (Work Shop to which this Subordination Agreement is attached. - Executed this 22nd day of July , 2002, at Stockton ,California. Loan No. 0818637894 Washington Mutual Ba FA, successor by merger to G West rn Sank By: i trina erry Its: Vice Pre ident Bv: Sondra Messick Its: Officer ACKNOWLEDGMENT STATE OF CALIFORNL4 ) ss. COUNTY OF SAN .loAquLN ) On (~ ~ ~22't(~~ 2002, before me, S. Williams a Notary Public in and for said state, personally appeared Katrina Cherry and Sondra Messick personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to_ma~that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her%tlieir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ ~~~,rr~ Signature 7 s. wittw~nss l CommissionM1353583 y Nolary Public - CalNomia San JoaquinCounty MY comm. E~irea.Apr 25, 2!106 (Seal) USG ;Cr11;Ga~de~ N N Q z ~ z o Q o ~, ~ ~ ~ ~ o ' ~ Q pa ~ ~-? Q ~ ~, ~ a o ~ o ~ ~ ~ J ~ U w _ o q Q .i d fll .T.. °. ..G `~' O - '.: - .~.. d ' . U.. o' F-- o ~ z a W H H y ~ 6 6 ~ H ~ LY 7 '... ~ xx 7C p W .. " ~ „ Q Q ~_ 0 Y Z~ Z ~ .. N ~ 0 :? _~.L.' o - cd ~ m ~ i X d W U 0 a FJ O \ C L, . O Y a a a m~° mo a . m %~v zu 4 Z W ~/m v 6 a P.i O O.. w .. ,.. -' .,'.. fA'~ H.. L H H X W "N Oi 0 3 . WiS' is ~ ~J O d \ ~ v o +°, ~ o E ~ ro m op m° ~- ~'~ v~ .~G11;~`~6.~ N N N o O O O Y ~~ M !~ • _ Ul 1- 1Vl/1 N a J > o Q o _ d '-' a U E ~ ~ H g '~ ~ ~-- d .O. ..d U QM 6 q Pa ~ " Q ~ ~ r L 0 ~ Q ~ d __ O O ~: o z ~ ~W p d ; m a d ~ ~ ~ U z~ a O ~ o i ~ _ ~ CO Q ~ N L~ tl~ EW O ~ O W o O~ i .r NN N V W V .) y O E < L II ~ W ~ +' ~ O O + ' E O y^ G. L E i ~ C C O Y L ~ O +' V (: .. . ~ VI L - ~ . [q -- 1 ; ~ C II o O ° Z ~ Y 'a i ~I a P .- / 8 _ I ~o ~s aE ` ~~ ~ ~ ,d .. t o a o L w In ~ ~ c i s '~'. ~ .. L L % ~ . . . p _ . ~ ' ~ ~01E N G X + (~ .. . ' C ~ ~ % ~ W Y .~ ,. . '.' N L W V o ~. _. ~ M ~'. vi N ... N ~ ~ ~y' IA e _ o ~ - ti EXHIBIT "B" - FLOOR'PLAN ,.:I - a`. .. . .. .,