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HomeMy WebLinkAboutD-2794 • ally A This page is part of your document- DO NOT DISCARD �d � � uiuiiiiwiui�iui�imuiii { tlibi ,ter a��. ,.,CountY. ‘.411F011*. 08/26/11 AT 11:01AM FEES: 30.00 TAXES: 0.00 OTHER: 0.00 PAID: 30.00 ll l l II ll H 11111 I I l I l Ilflll 11111 l I lll H llN H I I II III lI I I lll lI IIIIVII I ll Ifl ll 1111111 II IIII 1111 II llI 201108260050043 0 004594874 UlP li iiil llH liP Ill l 1 iI IP ll SEQ: 01 lllll11E1i1imiiiuuenii � 1110 t111iw1111iiuiiomi III 01dwei1111.iu1u1111 THIS FORM IS NOT TO BE DUPLICATED t 4 a7IV RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 08/26/2011 City Attorney 1111111 11111111111 City of Arcadia P. O. Box 60021 *20111158191* Arcadia, CA 91066-6021 COVENANT AND AGREEMENT REGARDING ACCESSORY DWELLING UNIT AT 955 FALLEN LEAF ROAD FOR GOOD,VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, RALEIGH R.F. SHAO AND ALICE N. SHAO, TRUSTEES OF THE SHAO REVOCABLE FAMILY TRUST DATED DECEMBER 1, 1989 hereinafter referred to as "Covenantors", hereby declare to be the owners of that certain real property located at 955 Fallen Leaf Road in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Lot 41 of Tract 10957 in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 191, Pages 43 to 45 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 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 Accessory Dwelling unit shown on the Site Plan attached as Exhibit"A"shall not be sold independently of the main dwelling unit and parcel and shall not be altered or expanded from the approved Floor Plan shown on the attached Exhibit"B". 2. If this Covenant and Agreement is breached by Covenantors 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. 1 r 4 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, Covenantors have executed this instrument on the date shown opposite their signature. "COVENANTORS" Dated: 01P 7 , 2011 Raleigh F. Shao, T stee 1 Dated: 4 "' , 2011 7:71 r 5�..----� Alice N. Shao, Trus ee "COVENANTEE" City of Arcadia Dated: el Vi , 2011 ��.'-�-��e�`�~*-e►J Donald Penman City Manager APPROVED AS TO FORM: Steph n P. Deitsch City Attorney 2 lap P.L. y 111 •Ipb•11• •. --.') N �. 14; IAA.. -ie1.e .VW",^� irprii DWELLIIaG AREA ,1/4i.,, ..iiiimi w r ... i.7.3,.. !_�' �a �Vr• Ill.. MIME ! I/ r., . Wl .401•39 � 0 TAN ED ADDIT ON '0 CITANDF:MPt• I'G Act CES AT 'S• .ED ARIA `�/�/� 'r44• *4-'.Ia „2.c,...4.... ft Alik* ill • pm. t 0.0 ..orlierv,, P,I 1 ' N • r IIIIIIUI PF.mo g I E On STORY SINGLE FAMILY HOUSE r Gl�j WI t.: - \ ice_- i 1 0: • VAIIIIII2111111P . ��ili ►" 1 IEA30'-6"-OO'CONC. MI 4. PAVED OPEN PORING- CONC.DRIVE �� , *q6°1 li` LANDSCAPED AREA TO REMAIN q E.4'WIDE PAYED SIDE WALK ` Ili - r.GrZ� ..+ ...fteI P.L. 4 160'' _ _MAIL 110g- kW_ kalilliPc E.CONC.CURB E CONC.DRIVE APPROACH FALLEN LEAF ROAD . --- ADDITIONSHAO RESIDENCE 955 FALLEN LEAF RD. SITE PLAN .SCAL E;In6"=r-O" N ARCADIA.CA 91006 o • • EXHIBIT "A" • 0 " 0 . : ae® xa:3 \ \ - 0 N V I �d Qp /; -.L I. O .oice- - 0" z ,-... c\a +v ti n 1 .-._...._ -.I n V �... V V Q z ti \-. 0 I��, , 44,41 4. 11 O �' ,,, O a' � U ` ',.7 1 T N! fa:_ _ Q19 =i I "9 '9 . � . a t r 1 _v N u r-I : x -, all � Jo_ f , _ N?•.L ■ 111 .`_ I _z i Gp ' p • _ I ,,,,,;et ---- I ' 3 d �- 1. iti-1 w''V y tir f� a� ko HriI� I;lil Q EXHIBIT "B" • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C,'v,v;v--•�v,v; v'..".c• �^• •v-. v;.�v,• v;v-v�v�• ,.•,v', .ss' ./^•�• v-. v-�v�i;J'•r- �•7 State of California j i) t ;� County of � �S C1�� ,. On 0 &. .-..4r1 before me, \--'\e\c' i\A S∎N\G. \�Gr\, 1\3Okrkil %.41\■C, >> Date Here Insert Name and Title of the Officer j • personally appeared 'g.\QjCr4� �.� . Sao CAA& R�■cQ Q. . Shc cc y, C J Name(s)of Signer(s) ( J� ( , ;1): who proved to me on the basis of satisfactory i' evidence to be the person(s) whose name(s) /are ;j subscribed to the within instrument and acknowledged >> to me that Pte/shy/they executed the same in >> liis/ht /their authorized capacity(ies), and that by hk/her/their signature(s) on the instrument the ;� .., MARINA SIMONIAN person(s), or the entity upon behalf of which the �� Commission# 1932419 person(s) acted, executed the instrument. >> i" i