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HomeMy WebLinkAboutD-2905 This page is part of your document- DO NOT DISCARD aFl.os. 20200926205 £!I l ,-,, }3. �� 11 111 11I1P0606� / 'p' _ Recorded/Filed in Official Records �� Recorder's Office, Los Angeles County, ` California{ xCiif 0'X 08/11/20 AT 08:57AM FEES: 50.00 TAXES: 0.00 OTHER: 0.00 SB2: 75.00 PAID: 125.00 MINI II HI 11E111 11111 ill LEADSHEET 1111 1111 ill 11111 1111 ill I III 111 1111 111 202008112900019 00018643542 III Jiul III I IIII III IIIIII II� 011013443 SEQ: 01 DAR - Mail (Intake) 111111111 I I I IIII III I 11 I I II I I ll I I I II II SII III 1 liii III I II III I�liii I II III IIi 111111111111 II II II II III A THIS FORM IS NOT TO BE DUPLICATED - F S 14350 RECORDING REQUESTED BY AND 18643542 WHEN RECORDED MAIL TO: 11111 II 1111 1 1 111 1 11 City Attorney City of Arcadia Batch Number: 11013443 P. O. Box 60021 11111 III III 111111 Arcadia, CA 91066-6021 COVENANT AND AGREEMENT REGARDING ACCESSORY STRUCTURE (274 W. LE ROY AVENUE ARCADIA, CALIFORNIA) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, HELEN ARIANNA BERGMAN, AS TRUSTEE UNDER THE HELEN ARIANNA BERGMAN LIVING TRUST DATED JULY 8, 2019 hereinafter referred to as "Covenantor", hereby declare that they are the owners of that certain real property located at 274 W. Le Roy Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: That portion of Lot 1 of Tract No. 951, in the City of Arcida, as per map recorded in book 17, page 28 of Maps, in the office of the county recorder of said county, described as follows: Commencing at the Southwesterly corner of the land described in deed to Arcadia City School District, recorded in book 6624, page 68, Official Records of said County; thence South 00°01'30" East along the westerly line of said lot 1, a distance of 30 feet; thence North 89°58'30" East parallel with the southerly line of said land of Arcadia City School District and the easterly prolongation thereof, 1215.85 feet to the true point of beginning;thence North 89°58'30" East, parallel with said easterly prolongation 80 feet; thence South 00°01'30" East parallel with the westerly line of said lot 1, a distance of 315.55 feet; thence South 89°58'30" West parallel with the hereinabove mentioned easterly prolongation 80 feet; thence North 00°01'30"West 315.55 feet to the true point of beginning. (Commonly known as 274 Le Roy Avenue, Arcadia, Ca.) Covenantor hereby agrees and covenants 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 1 Affected Land, as follows: 1. The Accessory Structure shown on the attached Site Plan (Exhibit"A"), shall not contain bedrooms or closets within the accessory structure; and shall not contain a kitchen. The Accessory Structure may contain a sink, a toilet and/or a shower. On any one lot there may be a maximum of two detached accessory structures. The accessory structure shall not be used for overnight stay, rented, or used as a dwelling unit. The accessory structures on a permanent foundation shall be consistent in exterior appearance with the primary structure through the use of similar/matching exterior paint colors, material types, and architectural styles. 2. If this Covenant and Agreement is breached by Covenantor or successor 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, Covenantor or their successors or assigns shall be liable for 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 solely at its option, may revoke this Covenant and Agreement. 3. Covenantor agrees to notify their assigns and successors in interest in Affected Land of their 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, and this Covenant and Agreement 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, Covenantor has executed this instrument on the date shown opposite her signature. [SIGNATURES ON THE NEXT PAGE] 2 "COVENANTOR" TRUSTEE UNDER THE HELEN ARIANNA BERMAN LIVING TRUST DATED JULY 8, 2019 Dated: \C\ � , 20207/64 / Helen Arianna Bergman d T•lf E "COVENANTEE" Dated:''-Z7 rYz, , 2020 Dominic azzarett City Manager APPROVED AS TO FORM: kizus n. 4f;aw Stephen P. Deitsch City Attorney PLEASE SEE ATTACHED NOTARY F 1 . CALIFORNIA ALL- PURPOSE , V CERTIFICATE OF ACK OALEDGr� ENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Los 4 jek S } On /1-1,1/41/ . /k cc, . before me, W►11,ar►-� -46-Y1- i Arc-10'r , (Here insert name and title of the officerro...-c- personally appeared He lei- A-r,cvh$a i€,3,picvrt,. , who proved to me on the basis of satisfactory e' deuce to be the person.sj'whose name Fare subscribed to the within instrument and acknowledged to me that he/ /they executed the same in his/Oe /their authorized capacity ), and that by his?/their signatureon the instrument the person;or the entity upon behalf of which the personkeracted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.. • WITNESS my hand and official seal. i nim.. WILLIAM SHIN , k, COMM. #2291473 zz .........„7„...s. r a«^. ' Notar Public •California o cC Y.6'_ Y I'7 s -tet Los Angeles County '; MI Comm.Expires June 4,2023/ Notary Public Sigiature (Notary Public Seal) ® • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long C/ ���•-�� as the wording does not require the California notary to violate California notary .. ve-n t Gn� /6`Are.)' e,,,,/\ • law. (Title or description of attached document) a State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. a Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages 3 Document Date ct/ ,O)-p commission followed by a comma and then your title(notary public). • s Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER a Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they;-is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer a The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. a Signature of the notary public must match the signature on file with the office of El Partner(s) the county clerk. ❑ Attorney-in-Fact o Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed.by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryClasses.con:S00-873-9865 a Securely attach this document to the signed document with a staple. I 80.02' /- ,,,,:.)889°58'30''W EXHIBIT A 274 W. LE ROY AVE 0, W, ARCADIA, CA 91007 •,,, 0 . 518 4-091 0002 • ' cm • nD IN-4 mj� C. 5 • :..... / • • d m gt W \ Os • h t ' m it -f w /� O� m p pA D ., � mD oAD I m • C N 0 • !o iipr•N rn AI 0• , ,) - C . . ,---..) ,, , , , . . , • , . , • • 0 m \\\\\\\� n, - sl Z D z O T11171ffiff="111111 �\ _ 6''""'.'.'.'.'.. 2 - \, I, 00' • r m 0 I : :::::::::::::::::: I f e--- w I,T -0 isiQii ........ . .. .. z _) _ 1_ 80.02' -„ _ S89°58.30"W . 13,_3„ LE ROY AVENUE 80.02' J S89°58'30"W