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HomeMy WebLinkAboutD-2767 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 6 ~ ,~-~~~ Ce,-,,~~ _ 02/21107 cc ililllllllllllllllllilllllllllllllllllllillllllllllllllllllllllll d ..... 20070375924 Has not been compared with original. Original will be returned when processing has been completed. LOS ANGELES COUNTY REGISTRAR-RECORDER COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GAME ROOM) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, SUSAN M. WINKIE AND WILLIAM F. WINNIE, TRUSTEES OF THE SUSAN M. WINNIE INTERVIVOS TRUST DATED U/A APRIL 23, 2003 hereinafter referred to collectively as "Covenantors", hereby declare to be the owners of that certain real property located at 40 Hacienda Drive, in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Lot 32 of Tract No. 11074, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 197 Pages 27 and 29 inclusive of Maps, 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 andright-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 L The Game Room, shown on the attached Exhibits "A," "B," "C" and "D," shall not be rented; shall not be used as accessory living quarters; shall not be used as a guest house; shall not be equipped with any kitchen facilities or appliances; shall not contain more than one (1) bathroom (and the bathroom shall not be more than a 3/4 bathroom); and shall not be altered or expanded from the approved Floor Plan as shown on the attached Exhibit "B". 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 any such legal 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 solely, at its option, may revoke this Covenant and Agreement. 3. Covenantors agree to notify their assigns and successors in interest in the 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 owner 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 decision shall not affect the validity of the remaining portions of this Covenant and Agreement. z IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated: 2/ S/ , 2007 ~ ~2~2'"~'// ~ William F. Winnie Dated: ~T, 2007 Susan M. Winnie "COVENANTEE" "CITY OF ARCADIA," a Municipal Corporation, Dated: ~~ , 2007 William R. Kelly City Manager APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 ~.;~, a 11~ e ~'"~ ~. 3/ - ~\~~? y SHT.B SHT. 9 SHT, 10 MAIN HOUSE UTILITY PLAN S1 STRUCTURAL DETAILS S2 STRUCTURAL DETAILS i•24 (A) MAIN HOUSE TITLE 24 T-24 (B) GAME ROOM TITLE 24 GN GENERAL NOTES e~.oo~ R 8a'--~ __ '.... LL.,~~. ..... .€e..~ s . `a . -owr. - H H-.a ~1~ SF 1>=1, j.'. .'.'.'. -rxoxosm - . .~~ ' ' ' ' ' _ 4 c~. . . . . . .EQ9C11 ~ td .'. n+mr. '.'.'.'.'.'. ~ .~i . - -I (E) PSPHAIT ~ . IXtIVEWAY J `.. ~ ~ ~ ~ ( ~ ( • ai an. ~ - . '.. `` av,d-~ ~7tru~' y try 4J~ " . .1 PROGO6FA !/ . ~ . CGVEPE~ . EgIGI - . .. . ' COVEtJEO 'tVN.u¢. 71ic (~_-'I `'~ P PIXi S~1nunl~L.p~..- ~(PI J.C.. U J ~~ ~~' (E) HOUSE 1~ ' , ~ . . ~ . . ~~+s' R ~ ~ ~ ~_ I 40 Hq C~EN pq y .~ I ~ (EIAG I V WNOENSEq `~ t - t.-IEI W.I. LNh ~I P~nm~r .'1 Ifl E AREA ~~ ~~~~~ l:.o. IEIONCTI~E ro xEtwx EXF~RRIT "A" [/ C PL r---~ ~~_~-, m ~~ ~~ x ~~~ a s~ R z a' X ,~ _ ~'~m ~ 1 dp{ ~,~ ~~ i i i i i i i~ i~ im i~ i i i i i i i i ~i~ iR i$ i~ i i ~ - ---- -- .~'s ~z~zC 3~ ~~ U K ~_. up11 R Z 0 Ls L J W I- Z. 0 Z Z Z ~ ~ O Q Q W W J J W W Lv Z Q o W 'L' ~ D = 0 = Q 0 O ~N W Q l7 l~ ~~ Q l7 W Q EXHIBIT "C" C ., . II ~ ~~ pa Z 0 .~ Q W J W ~ 1- ~ l~ W ~ ll J'A EXN!3'T "D" rvi ~~~~r ~mn . y: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On . ~-~ ~ Date personally appeared IMRYIANdOfMN< Conlmhlbn • 1410ii06 ~ ~ AAyCamm. Btpbei Moy 9, 2007 Place Notary Seal Above to be the person(s) whose name(s) ~s/are subscribed to the within instrument and acknowledged to me that hlsr/srelthey executed the same in h~s/fl~rltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT ESS my han an official seal. t Signature a( No ry Pudic OPTIONAL Though the in7ormation below is not required bylaw, it may prove valuable to persons relying on the document and could prevent 7raudulent removal and reattachment o7 this fomr to another document. Description of Attached Document , r Title or Type of Document:~~/Q,~~ ~ ~aQ~1pQj,~~ : 4C Document Date: ~e.~Cv~Atv~t S ! o~~d? Number of Pages: Signer(s) Other Than Named Above: ^ Attorney in Fact ^ Trustee Capaclty(fes) Claimed by Signer Signer's Name: ^ Individual ^ Corporate Officer-Title(s): ^ Partner-^ Limited ^ General ^ Guardian or Conservator ^ Other: Signer Is Representing: Iq C ')` Tap of thumb here ®1997 National Notary Association • 9350 Da Solo Ava., P.O. Boa 2402 • CNetswor[h, CA 913132402 Pmtl. No. 590] Reorder: Call Tdl-Free 1 b00-676-6627 ^ personally known to me ,proved to me on the basis of satisfactory evidence