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Home My WebLink AboutD-2746® This page is part of your document - DO NOT DISCARD ~,>~, ~'.,~q °.~ 20080368781 007 es: II II III II II I II II II I I I I I I IIII II I II II RecordedlFiled in Official Records Fee: 24.00 Recorder's Office, Los Angeles County, California Tax: 0.00 03!04108 AT 08:01AM Other: o.oo Total: 24.00 1694124 200803030280064 Mail TITLE(S) : a5 ~ w~ CtNd (lames ,' ~ ~ P.,LL /1'I.¢,vf- ,(,c : A [' C C~.saR.r PJU+~cI %n.f `(nl.U/1L1{ D!/SF) ~,~, w D_ ~/f ?.~n.~- IIIIII IIII I IIII II VIII II~IIII IIII II L E A D S H E E T Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown - - .--~----~'-_ _i ® E~o~„ THIS FORM IS NOT TO BE DUPLICATED ~, RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 mti~n~ COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUESTHOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, LINDSAY R. LEE AND BONNY S. LEE, 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 255 W. Walnut Avenue, in the City of Arcadia, County of Los Angeles, State of California, more particularly described in the attached Exhibit "A" incorporated herein 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 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: 1. The Guesthouse, which is attached to the garage but as a separate structure containing only a powder room and laundry room as shown on the attached Exhibit "B," shall not exceed six hundred (600) square feet of gross floor area; shall not be rented; shall not contain facilities for the heating or cooking of food; shall not contain more than one (1) bedroom, one (1) living room and one (1) bathroom (and the bathroom shall be comprised of no more than one (1) bathtub, with or without a shower head, no more than one (1) lavatory and no more than one (1) toilet) other plumbing facilities shall be limited to one (1) single-basin bar type sink, one (1) water heater not to exceed a capacity of forty (40) gallons and one (1) gas line for a wall or forced-air heating unit; and shall not be altered or expanded from the approved Floor Plan as shown on the attached Exhibit "B." Said Guesthouse shall comply with the space and occupancy standards of the Uniform Housing Code and other applicable regulations as such may be amended by the City of Arcadia, the Guesthouse maybe used temporarily by guests of the family occupying the main building; provided, however, that such use by one or more guests (i.e. all guests in the aggregate) 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 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. z ,, . 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. IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated: a1 ~l~ ~ , 2008 1" Lindsay R e Dated: 1~]~b4 , 2008 Dated: ~ / a. , 2008 APPROVED AS TO FORM: cHC "J" " '" _' Stephen P. Deitsch City Attorney Bonny S. Lee "COVENANTEE" "CITY OF ARCADIA," a Municipal Corporation, ~Ei'h~o-CcQ~rir~nn~Q~ Donald Penman City Manager 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of `,os ~~IQn On ~e~n . ~ , `~ 00 ~ before me, ~~ Date personally appeared MARINA tiIMONIAN Commlulon a 17~l0.11 Notary vuwtc - Callfomlo lot Angeles Colmly FNCamt6lpFmMOV9,2011 t v Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~/are subscribed to the within instrument and acknowledged to me that h2/sli@/they executed the same in hls/ttpr/their-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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and offici sal. Signature Signature of Notary PUblk -~ t N OPTIONAL Though fhe information below is not required bylaw, it may prove valuable to persons relying on the document - and could prevent /raudulent removal and reattachment o/ this /arm to another document. Description of Attached Document Title or Type of Document: 'C t ~' Document Date: ~Q,~C_ V~~ r e~.00~ 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: Top of thumb here Signer's Nal ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General al ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here ~f~• m200]Nafianal N0ldry gssociabon•9350 De Solo Ava.,PO. afA 2402•ChatsworU,,CA 91313-2452•www.NationalNOtaryorg 11em M590] ReoNec Call Toll-Free t-W0.8]6-fi62] Y 614f03 SCHEDULE 'y~' "LEGAL DESCRIPTION" PARCEL 1: LOT 7 OF TRACT NO. 12630, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 238 PAGES 92 AND 43 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPT THEREFROM THE NORTH 70 FEET THEREOF. PARCEL 2: THE NORTH 70 FEET OF LOT 7 OF TRACT NO. 12630, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 238 PAGES 42 AND 43 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ~XHABIT "R'• ` r .I _. . ~' I I _...~ ~ ~'' a i! ~' EXISTING MAIN HOUSE I~ I 255 W Walnut Ave. I I _L ', PLOT PLAN `_~--~~~~Z -.-.~.. _ NOT TO SCALE WALNUT ~`~`~°~'-`_, _' ` ~. x ~'~ E Guest House Remodel ~.'~ "" ~° ~~ ~'''' ~ ~}PLOT PLAN°~ ~ ~ ' ~- ~ 255 wa~nutAve. ~~' ~~a t ~ ~ _ ~ Arcadia, CA 91007 ~~, ~;;~ EXHIBIT u~s