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HomeMy WebLinkAboutD-2761'=~ _ ~~ ! This page is part of your document - DO NOT DISCARD - ~a~. ~. ~°.~ 20081039278 007 es: RECEIVED ~~~~~~~~~~ ~~ ~~~ ~~~ ~~ ~~~~~~~~~~~~~~~~~~~~ ~~ ~~~_= RecordedlFileq in Official Records Fee: 25.00 ~~~ 2 ~~8 Recorder's Office, Los Angeles County, California Tax: 0.00 ~ COY OFARCADIq 06/12/08 AT 08:01AM Other. 0.00 _. . __._----, -- CITYCIERK _ _, - ----_~ _ Total: 25.00 ~ 2029122 200806110280066 Mail i__....__. _---_- --------. __~_._~ TITLE(S) I ~ _ ^ -°--T ---__~,_____~__ i IflIVYIIII11Rlllllll0 Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. 1 b ~ f . I,a. 5 ;.c.,m ~~;v.c, __. _.._------- -__ f { I a I - - ---, Number of AIN's Shown I____ Eros„ THIS FORM IS NOT TO BE DUPLICATED v RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 uniiiiuw COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, SIMON LUY AND LINDA MU[ LUYLIEU, 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 162 E. La Sierra Drive, in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Lot(s) 2 of Tract No. 63552, in the City of Arcadia, County of Los ,~ Angeles, State of California, as per map recorded in Book 1325, Pages 32 and 33 of Otficial Records, in the office of the County - Recorder of said County ("Aff cted 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: i 1. The Guest House, as shown on the attached Exhibits "A" and "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 (1) bathtub, with or without a shower head, no more than one (1) lavatory and no more than one (1) toilet); shall not have other plumbing facilities that contain or consist of more than one (1) single-basin bar type sink, one (1) water heater not to exceed a capacity of forty (40) gallons; shall not have more than 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 Guest House shall comply with the space and occupancy standards of the Uniform Housing Code and other applicable regulations as such maybe amended by the City of Arcadia. The Guest House may be 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 as •ee to notify their assigns and successorsin 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. z 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. IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated: ! ~ /~'~2008 Dated: S I ~ , 2008 Dated:~p 3. , 2008 APPROVED AS TO RORM: ~. ~~ Stephen P. Deitsch City Attorney ~~ - Simon Luy ~~ ~~ Linda Mui Luylieu "COVENANTEE" "CITY OF ARCADIA," a Municipal Corporation, ~ I/Q~ ~~ti.,~.-.- Donald Penman City Manager 3 FOR MR.8~MRS LUY ~ - ¢~.¢..~. . zale w. vrur:.r aw. 162 E. LA SIERRA DR. ~ ~ xes..wn a olew eYe~~ S ARCADIA CA 91006 4 , VICINITY MAP CONSULTANTS .ue •one:as Icz c u smw !.. R ~~~ ~ h.l SITC PLNI ~ a IO ¢YlElb M .4 ~ f BTe~fIIOE IJ.100 50. fT. A-E fRef flint 0.µ M3 SECLNC fL~t PVN m ; G6v ~M~ Sd4ID Rlptr ` 2!W ffi fT. TOf/Y ~IV.G WEY >WO 5¢ R. A-~ p.EVRT@! A-! 0.EVYT@! Q ~ ~( W r WMS 6T1 5¢ FT. ilelff FOCH 6B m fT. ue ffi n Fd 0.EST IWlE FlID! PLMI L EIEVeT@IS Q 6> r LL ~ 0 . aa~mm ~m t ~ ~ ~ 0 ~V . s a¢sr~ lllf mYERRK{• K3B/1I!{Yt6l Y OT NISTIACT@Y ~1 QO ~ F V QI Z OCCIPMCY fAOP RdN-1 ul SUMMARY INDEX Q a N 3 m N / W Q G y O ~ snsn.¢ r.amtt wui ~ ~ y ~ Q W m~m~ •; °''~ # °'°^ s ... 231.26 .~ ~ A ~ . __ ¢.` .o '~' ~. y ~ ~ .ate .a.. W ~ ~ ~ ~+ wa,°°°ao e ~ ew_ ~ O ~ ~ o ~ ~ win m° w r a 0 m rr snsTw¢ wmrmtt wru m ~ ~ ~ O ` ~ y '~ ` m ~ uisw we IX tl4-SRNY ~ VllY1F4D .1 V .o ~ 1 w 1 0 ~ ~yW Q - yr e• rw~snn mui 231 26' -„1!, eV W . J G t ~ W Q .r-+r _ r Q nvrmroa• • wve~ ~' _ !w4 Paten IW !M1 A 1 SITE PLAN .~ sx.w n - vl i. TMc ara~w seat sxui ee ~ ar~ac aw+ arx-ttre eHk YY f-p pK• Ica m n ~~ ___~ •____ __ ~ j ® j ~ .~ 3 ° ~ ~ ® 3 ' ® ~ 4 ~ _ 4 4 ~ a ~ i I J~ } a w _~- o d I ~ ~ o I ^ Q M. «.. ,a, oRlu m..~ ~ o 0 iw nw sr.s~rYu N ~' / 9~Sny~u/ MIL M11WY I@~n 0.~1~.11 $pRl~• WN..OL Li. ~~) R a 3 w ~ YI m a ae~ „^,a 4 ~ ~ W ~ G ~ U f ='2 W Qi {74~N W 3 Q b 4 Yl yl ~ ' Q W mrYIF d 0 ~~ pjW Q GNv ego 3 W ~ N Z ~ Q a ,I.,. 6~ • 1 Golden State Notary Acknowledgment Form State ofCalifornia County of [,o s ~(/ (~ GS' } ss. On ~- ~ o before me, Sfi~Z~ S(y'r /~~//) y~_, personally ppeared .S; /;In~ Gu ~ CYA/q L~~D~Q Mug LKY L j ~ U 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 acknowledged to me that he/she/they executed the same in his/her/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. STEVENSHIti qt CCIJW # 1703250 -~ U ~lty~1,~-y,i~NOTkeV PUeLIC•CALIFaRNIA~ WITNESS my hand and official seal. (1 LC.S ANGEL°5 COUNTY F~~~.. My C,ommivion ExpirBS 1 / ` Vc ~ Navnmber 5, 2010 (T)° .*_W^~ n Seal Signature of Notary Notes Please provide information about [he document [hat this form is attached to. ***This is not required under California Statc notary public law.*** ®2005 Golden State Notary w~1vw.GoldenStateNotary.com (888) 263-1977