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20070671909 Pages .~_::
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RecordedlFiled in Official Records Fees: $39.00
- Recorder's Office, Los Angeles County , Taxes: $0
00
California .
Other. $0.00
03/26/07 AT 08:01 AM paid. $39.00
0000391054 200703240900002 Mail
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Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown
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® EtlPlf THIS FORM IS NOT TO BE DUPLICATED ~®
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
P. O. Box 60021
Arcadia, CA 91066-6021
03/26/07
20070671909
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
KONG-PING TSAI AND HSIO-WEN TSAI,
HUSBAND AND WIFE AS JOINT TENANTS
hereinafter referred to collectively as "Covenantors", hereby declare to be the owners
of that certain real property located at 450 West Foothill Boulevard, in the City of
Arcadia, County of Los Angeles, State of California, more particularly described in the
attached Exhibit "A" incorporated as part of this Covenant and Agreement.
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 ]and
located within 500 feet of the Affected Land, as follows:
1. The Guest House, as shown on Exhibit "B," "C," and "D," shall not be
rented; shall not be equipped with any kitchen facilities or appliances; shall contain no
more than one (1) living room; shall contain no more than one (1) bedroom; shall
contain no more than one (1) bathroom, which may be a "full bathroom;" and shall not
be altered or expanded from the approved Floor Plan as shown on the attached Exhibit
„C„
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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.
7. Attached and made a part of this Covenant and Agreement as Exhibit "E,"
is a Special Power of Attorney as to Real Property as it relates to Kong-Ping Tsai.
Said Power of Attorney hereby appoints Hsio-Wen Tsai as true and lawful attorney for
him and his name.
3
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IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures.
Dated: 2 -7- ~7, 2006
Dated: 2 , 7- ~ 7 , 2006
Dated: ~~" , 2006
APPROVED AS TO FORM:
~'~
Stephen P. Deitsch
City Attorney
"COVENANTORS"
~~~ -W°i~
ong-Ping Tsai
R~latin~~_ ik _f"ac1- FOZ
1/,ori~_ Biw'~ Q0.;
~-
sio-Wen Tsai
"COVENANTEE"
"CITY OF ARCADIA,"
a Municipal Corporation
William R. Kelly
City Manager
! CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 590]
State of California
County of~.uLUo~s~ An~g'eles
On ~~~~ ~ / 2CD~- before me, _.
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personally appeared
Ann L7. Meisser, Notary Public
NAME, TITLE OF OFFICER ~ E.G., "JANE DOE, NOTMY PII6LIC'
~~/ NAME(S) OF SIGNER(S)
^ 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 ac-
knowledged to me that he/she/they executed
~~"""""""..«N«H+.........~j the same in his/her/their authorized
COMM.1t15293R : capacity(ies); and that by his/her/their
NOTARY PUBLIC•CAUFORNIA~ signature(s) on the instrument the person(s),
= LOS ANGELESCOUNiY . or the entity upon behalf of which the
:. My Comm. E~ires f~ov. t t, 2008
............. person(s) acted, executed the instrument.
WITNESS my 'cial seal.
SIGNATURE OF N ANV
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this lorm.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL ~,~ Q.r-r~
CORPORATE OFFICER ~~ " ~ at pltrr« CCp~opy~
TITL OR TYPE OF DOCUMENT T-
TITLE(S)
^ PARTNER(S) ^ LIMITED
^ GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
^ GUARDIAN/CONSERVATOR
^ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR EN11TY(IES)
NUMBER OF PAGES
DATE OF DOCUMENT
w t t I,R...-.r2. Y,..e I I u ''C~k...i~vi~ .
SIGNER(S) OTHER THXN NAtaE`D AB`GVE
Mi1993 NATIONAL NOTARY ASSOCIATION • 6236 Remmet Ave., P.O. Ro>< 7184 ~• Cenoga F?erk, CA 913097164
EXHIBIT "A"
All that certain real property situated in the County of Los Angeles, State of
California, described as follows:
THAT PORTION OF LOT 7 OF TRACT NO. 948, IN THE CITY OF ARCADIA, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17
PAGE 21 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF THE LOS ROBLES DE
SANTA ANITA, AS PER MAP RECORDED IN BOOK 33 PAGE 20 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG THE EAST LINE OF SAID LOT 1, SOUTH 2° 58' 30 "WEST 727.23
FEET TO THE SOUTHEAST CORNER OF SAID LOT;
THENCE ALONG THE NORTH LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY'S RIGHT OF WAY (50 FEET WIDE) NORTH 89° 35' S5 "EAST
173.25 FEET MORE OR LESS TO A LINE BEARING NORTH 1° 18' S0 "WEST
WHICH INTERSECTS THE NORTH LINE OF SAID LOT 7, DISTANT EASTERLY
118.87 FEET FROM THE POINT OF BEGINNING;
THENCE NORTH 1° 18' S0 ~~WEST TO THE NORTH LINE OF SAID LOT 7;
THENCE ALONG SAID NORTH LINE SOUTH 66° 41' 10 "WEST 118.87 FEET TO
THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION OF LOT 7 OF TRACT NO. 948, IN THE CITY
OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON
MAP RECORDED IN BOOK 17 PAGE 21 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 1 OF LOS ROBLES DE.
SANTA ANITA, AS SHOWN ON MAP RECORDED IN BOOK 33 PAGE 20 OF MAPS,
IN ITS OFFICE OF SAID COUNTY RECORDER;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 1, NORTH 2° 49' 01 "EAST,
540.26 FEET TO THE INTERSECTION THEREOF WITH A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 180.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE FROM A TANGENT WHICH BEARS
SOUTH 66° 21' 40 "EAST; THROUGH AN ANGLE OF 105° 32' 21 ", AN ARC
DISTANCE OF 331.56 FEET TO A LINE PARALLEL WITH AND DISTANT
NORTHERLY 260.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE
NORTHERLY LINE OF THE A. T. & S. F. RAILWAY COMPANY RIGHT OF WAY (50
FEET WIDE);
EXHIBIT e~~-r
l
THENCE ALONG SAID PARALLEL LINE NORTH 89° 23' S4 "EAST, 72.57 FEET TO
THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO CLYDE
L. SIMPSON, AND MARY AGNES SIMPSON BY DEED RECORDED IN BOOK 21275
PAGE 37, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER;
THENCE ALONG SAID LAST MENTIONED EASTERLY LINE SOUTH 1° 27' 38
"EAST, 260.03 FEET TO SAID NORTHERLY LINE OF SAID RAILWAY COMPANY
RIGHT OF WAY;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 89° 23' 54 "WEST 173.12 FEET
TO THE POINT OF BEGINNING.
ALSO EXCEPT THAT PORTION OF SAID LOT 7, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY LINE OF LOT 1 OF LOS ROBLES DE
SANTA ANITA, AS SHOWN ON MAP RECORDED IN BOOK 33 OF PAGE 20 OF
MAPS, IN THE OFFICE OF THE SAID COUNTY RECORDER, DISTANT ALONG SAID
EASTERLY LINE SOUTH 2° 49' O1 "WEST, 10.43 FEET FROM THE SOUTHERLY
LINE OF THE NORTHERLY 19.00 FEET OF SAID LOT 7;
THENCE NORTH 86° 03' S8 "EAST, 120.88 FEET TO THE EASTERLY LINE OF THAT
CERTAIN PARCEL OF LAND CONVEYED TO CLYDE L. SIMPSON AND MARY AGNES
SIMPSON BY DEED RECORDED IN BOOK 21275 PAGE 37, OFFICIAL RECORDS IN
SAID OFFICE;
THENCE ALONG SAID LAST MENTIONED EASTERLY LINE NORTH 1° 27' 38
"WEST, 5.18 FEET TO SAID SOUTHERLY LINE;
THENCE ALONG SAID SOUTHERLY LINE SOUTH 88° 32' 22 "WEST, 119.99 FEET
TO THE POINT OF BEGINNING.
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POWER OP ATTORNEY
I, the undersigned ,Kong-Ping Tsai, living in Taipei-Taiwan, own jointly with my
wife ,Hsio-Wen Tsai ,living in Arcadia -California , as joint tenants, the property
located at :450 W. Foothill Blvd, Arcadia, CA 91006-2212 ,described as that portion of
lot 7 of Tract NO.948, in the city of Arcadia, County of Los Angeles, State of California,
as per Map recorded in Book 17 Page 21 of Maps, in the Office of the County recorder
of said County.
I ,hereby, grant to my wife ,Hsio-Wen Tsai ,this Power of Attomey , as my Attomey in
Fact, for my share in the above described property. My wife shall have full power and
authority to undertake any and all acts which may be lawfully undertaken on my behalf,
including but not limited to the right to remodel, add, lease ,mortgage, assign, rent or___~ ~ ,.
otherwise dispose of the share in the above property that belongs to me, to execute,
accept, undertake and perform contracts with builders ,counties, cities„ to retain any
accountant, attorney, or other advisor deemed by her necessary to protect our interest in
whatever action my wife will take.
In witness whereof, the undersigned, Kong-Ping Tsai ,has executed this Power of .
-, Attorney as of this date stated below ;
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-- ~ -- -
~; _ ----
Signature Date
Talwao ) _-
City of Taipei ) ss:
American Institute in )
Taiwan. Tlaiepei Office q )
On `~^~ ~ O ZOO7 befnre me, thr_ undersigned, t
personally appeared_ Rong_Pina Tsai----
proved to me on the brats of satis:ncto~y evidence to be the
' person whose namet~) is/iresubscribed to thisinst{u ment
- ~ and acknowledged tint ho / '-~n~-:~-; e~c'cuted it; _
~~
r~
J c y Idt. Sindelar
S e i i Notary (PL9v-8)
my Appointed and qualified
My commission expires:July 23, 2007
EXHIBIT "E"
~ cr ~
Certification of Power of Attorney
State of California )
ss.
County of Los Angeles)
I, Ann E. Meisser, Notary Public, certify that on '~e~ ~ 2®~,1 examined the
original power of attorney. I further certify that the copy is a true and correct copy
of the original power of attorney.
Notary Seal
~ ANN E. MEISSER
COMM. #1621937
NOTARY PUBLIC -CALIFORNIA
= Los ANGELES cAUNiY
My Comm. E>~Ires Nov.11, 2008
0 1'1 Yl ('.l.~O~Y .
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Ann E. Meisser, Nota ~ Public