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HomeMy WebLinkAboutD-2781E486571 This page is part of your document - DO NOT DISCARD a3 L 4i'e'id it i / Ya d (4, (U (Loot'tse) NV 1 1 111 1 n i m 1 1 1 i 1 11u 1 11 1 INI 1 201009230790161 i IIII 1 11 003014511 11 11 002903061 SEQ: 01 im lUl 11 n 20101357055 iu 1 Recorded /Filed in Off cia Records Recorder's Office, Los Angeles County, California iu 11 09/23/10 AT 04:17PM 11 uu 1 DAR - Mail (Hard Copy 1 11 i IMIDI 1 111 IB 11 1 1 II IIII1 THIS FORM IS NOT TO BE DUPLICATED 11 i D- Z7e 11 1 1 11 1 1 11 P O J09 FEES: 39.00 TAXES: 0.00 OTHER: 0.00 PAID: 39.00 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066 -6021 09123 20 ` 20101357055 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE) at 230 HACIENDA DRIVE FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, CHRISTOPHER W. LOFTHOUSE AND LYN A. LOFTHOUSE, HUSBAND AND WIFE AS JOINT TENANTS Hereinafter referred to as "Covenantors ", hereby declare to be the owners of that certain real property located at 230 Hacienda Drive in the City of Arcadia, County of Los Angeles, State of California, more particularly described in the attached Exhibit "A" incorporated and made a part hereof. 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 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: 1. The Guest House shown on the attached Exhibit "B" shall not be rented; shall not contain facilities for the heating or cooking of food; and shall not contain more than one (1) living room, one (1) bedroom, one (1) bathroom (and the bathroom shall not contain more one (1) toilet, one (1) lavatory and one (1) bathtub with or without a shower head). The Guest House may contain a water heater not to exceed forty (40) gallons; may contain a gas line for a wall or forced air - heating unit; and may contain a single basin bar -type sink. The Guest House shall not be altered or expanded from the approved Floor Plan shown on the attached Exhibit `B ". Said Guest House may be used temporarily by guests of the family occupying the main building; provided that, such use shall not exceed, in the aggregate, a total of thirty (30) days during each calendar year. 2. If this Covenant and Agreement is breached by Covenantor or 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, Covenantors 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. Covenantors agree 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. 2 IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown opposite their signature. Dated: , 2010 Dated: 9/2 , 2010 Dated: 9 8 , 2010 APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 "COVENANTORS" "COVENANTEE" City of Arcadia Donald Penman City Manager Exhibit "A" EXHIBIT "A" Real property in the City of Arcadia, County of Los Angeles, State of California, described as follows: LOT 50 OF TRACT NO. 10955, IN THE QTY OF ARCADIA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 191, PAGE(S) 27 TO 30 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE PORTION OF SAID LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT; THENCE SOUTH 65° 55' 35" WEST 59.54 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT; THENCE NORTH 20° 40' 10" WEST 42.38 FEET; THENCE NORTH 69°1.9' 50" EAST 40.00 FEET; THENCE NORTH 20° 40' 10" WEST 292.32 FEET TO A POINT IN THE CURVED NORTHWESTERLY LINE OF SAID LOT, DISTANT SOUTHWESTERLY 2038 FEET ALONG SAID NORTHWESTERLY LINE FROM THE MOST NORTHERLY CORNER OF SAID LOT; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE TO SAID NORTHERLY CORNER; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOTTO THE PLACE OF BEGINNING, WHICH WAS CONDEMNED FOR FLOOD CONTROL PURPOSES BY FINAL DECREE OF CONDEMNATION ENTERED IN THE LOS ANGFI F5 COUNTY SUPERIOR COURT, CASE NO. 675543, A CERTIFIED COPY OF WHICH WAS RECORDED IN BOOK 56274 PAGE 294, OFFICIAL RECORDS. „H„ IISIHXa i 1 7— V; b a a _ • / / / it / // / / / 1 8 Q' xa // S TING GANAGt .. f : - .T1:1*I : w1t w Ix1A f 5flNG NMO N1CMfA / 7 i PROPERTY LINE 5 COSTING SM.< 7•40'4O' 328.79' – y "'� I F r d ril d cdo / DRIVEWAY I J—` ` CXI5TINC 4 c� I I e r ' rC1Y Id �.w+;' u 11 .qr I r M^ 111 ;11 z� -a O V / $ � ' �m > N■imaw II 6'd Da 'TING GI.NKt � R W wom• o� R As 6 o � D o g r-r ! flU: fl q QQ e y $$ pL C � Y 33ss £ r 2my Co ^ gP 1A Wi OM lyi PRiNel g-9Aige PI" PA l'z$ i” - kilq4 W I% r 4 44444 1 11 1� 0 °Sa � "" uoy ,i . - i Tb, o �S» v pN ' o w N b ti N r. % n _ 2 y no , , > 4 5 5 5 ° N o i; �a o U ■u� 5 >' n u. o I° a a , ' o g 1 O O ril NEW ADDITION FOR: WILLIAM LOFTHOUSE 230 HACIENDA DR., ARCADIA, CA 91006 McClellan Pendlebury Studio ARCHITECTS z 0 0 ij ° 8! A 1W1 RA AAA090A .1,2 9 0 01 g£1=g h09€ 20i1g !1611 a d 1 5 :a €. 4R $i 34 ti &I ZISIHXa O 0 cn tri 0 O r. / ' v , a �� v a „ A 9 g u 4 a N r� 6 1 1 z NEW ADDITION FOR: WILLIAM LOFTHOUSE 230 HACIENDA DR., ARCADIA, CA 91006 McClellan Pendlebury Studio SOS ColOPADO ocvo ;IV 200 PAS.A00M. CA 0110 I ARCHITECTS TEL ■106 4407330 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT �S�S g S . >�>�S . 4 S�S�; C ;�N�.�.•!�t�.�S!�e�a�, - g�r�a✓,- �a'3�.�S�S�a✓,- c�.'a'✓- shay- s�'.��aY�'�'S✓s�t�4�: q�g�S�.� >-� State of Californi County of I:.f�Srs Y -S On q-.1 / Date personally appeared /.7/"? A. LYA IIA NN 1 r$ ,` Commission # 1737305 Nobs/ Pubic - California Los Mpsiss Courtly kV Comm. Expires Apr 7.2011 Place Notary Seal Above before me, �' J /�Q �� / f.te,deI /J 77 ,� , � Lft11614-le Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(' whose name() is4r.4 subscribed to the within instrument and acknowledged to me that O/she /tti executed the same in» /her /tpefr authorized capacity f, and that by 1)i6her /t1 r signature 3 on the instrument the personf,9' or the entity upon behalf of which the personJ,a) acted, 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 y hand' nd offi�i I seal. �G Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item 45907 Reorder: Call Toll -Free 1 -800- 876 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT �Si,- - -�.'S c�S S�S�S�S S�S� . �.'S�S'aS�.'�. �- 'S�S��.'.�S t S�S�S�. S��S�S! T��.• s�S�ewz�S ;��.✓_�S�S�.,�y�S�S�S - �S S SAS State of Calif rnia County of W� Y 4 On (72 Date personally appeared UM MARE MIMENDEN J �, t 1 Commission • 1737306 ?■ Notary Public - Cawomia Los Angles County Mr Canton. Bipiros Apr 7.2011 Place Notary Seal Above Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here } before me.J4 j /'1C 7 2,, - Here Insert Name and Title of the Off ic 1v. Lo fr4oeis Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personks) whose name(g) is /art subscribed to the within instrument and acknowledged to me that he /sK(e /thi executed the same in his /I,r /tVir authorized capacity(), and that by his /J4r /tt it signature(g) on the instrument the person(4, or the entity upon behalf of which the person(g) acted, 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 hand 1 d offi,I seal. Signatu OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Signature of Notary Public Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item 45907 Reorder: Call Toll -Free 1 -800- 876 -6827