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HomeMy WebLinkAboutD-2708 u- ~ I'IV f, '. This page is part of your document - DO NOT DISCARD 06 2203118 , RE~ORDEDIFILED IN OFFICIAL RECORDS " RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 8:01 AM OCT 03 2006 TITLE(S) : Gv~ Re CtlL4f IhU.f.€ - .;; 30 w. t-t<f> r=-/<>res . 3<. , . LEA D SHE FEE O.T.T. Code 01 - 19,00 Code 20 - 02.00 Code C034 - 001 CODE 20 CODE 19 CODE 9 Grand Tota2 = $21.00 Page Count = 5 Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. . Number of AIN's Shown ''''':;A.. THIS FORM IS NOT TO BE DUPLICATED . 11 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 06 2203118 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE) , FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, ANGEL PHUNG, A MARRIED WOMAN AS HER SOLE AND SEP ARA TE PROPERTY AND CINDY WONG, A SINGLE WOMAN BOTH AS JOINT TENANTS hereinafter referred to as "Covenantors", hereby declare to be the owners ofthat certain real property located at 230 W. Las Flores Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Lot 39 of Tract No. 11115 in the City of Arcadia, County of Los Angeles, State ofCaiifornia, as per map reconleu ill Book 195, Pages 39 and 40 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 VV ,Q,QU.:>..lJO ~ I. The Guest House shown on the attached Exhibit "A" shall not be rented; shall not contain facilities for the heating or cooking of food; and shall not contain more than one (I) living room, one (1) bedroom, one (I) bathroom (and the bathroom shall not contain more one (I) toilet, one (I) lavatory and one (I) 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 "A". 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. Ifthis 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 ofthe 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 ofthe residents ofthe 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. 2 U6 2203118 t 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, Covenantor has executed this instrument on the date shown opposite their signature. "COVENANTORS" Dated:~, 2006 A~tf; . Dated: ~ ~ ,2006 , "COVENANTEE" City of Arcadia Dated: e,1t9( ,2006 ~Uj William R. Kelly City Manager APPROVED AS TO FORM: . ~r.~ Stephen P. Deitsch City Attorney 3 u t) ~ ~ mrrTtj CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES 1SS On August 22,2006 before me, S 7TJNTGA NOTARY PTJRTTr. personally appeared Angel Phung and Cindy Wong , personally known to me (or proved to me on the basts of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to tlle 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. Signature Ie ^ A ^ ~ A A ^ A A A A A A ( ~ @ S.ZUNIGA M COMM. #- 1383334 VI.' NOTARY PUBUC.CAUFORNIA ~ a::: - LOS ANGELfS COUNTY tf) <( ..., J My Comm. Exp. Nov. <4, 2006 I v ~ ~ v v v v v v v v v v , TIus area for official notarial seal. OPTIONAL ~ DESCRIPT Though th~ information below lS not required by law, If may prove valuable to pusons relying on the docummt and could prevent fraudulent removal and reattachment of th:s form to another document. N OF ATTACHED DOCUMENT Document Date: Number of Pages: Signer(s) other than named abo [ ] INDIVIDUAL [ ] INDIVIDUAL [ ] [ ] CORPORATE OFFICER(S) Right Thumbprint CORPORATE OFFICER(S) of Signer 1TILE(S) 1TILE(S) op 0 thumb here [ ] PARTNER(S)- t j lIMITED [ ] PARNER(S)-t j LIMITED GENERAL GENERAL [ ] ATIORNEY.IN-FACT ATIORNEY-IN-FACT [ ] TRUSTEE(S) TRUSTEE(S) [ ] GUARDIAN OR CONSERVATOR GUARDIAN OR CONSERVATOR [ ] OTHER SIGNER IS REPRESENTING: " ' 06 2203118 , ~ &Uf.,,71 ., H-o u ~fi- I 88 1 I t I ~.~~ .......... .......... .......... .......... ........... .......... ........... ........... ........... ........... .. ........... .-:.:-v:- .. ... ..... ......... .~.;~~:~~~~ . -~ -1' - ~< i 0': i : I .....; ........... ........... ...... ..-:.;;;:,:............. ..,:..:-:-::::: ...;;::. ;;::.~ h~:~(;::': .._~ OOXJl......~ ....... ........ :.::;:;::::::::::::::-:::-::::::<;::I(i:::::-: - ~~._-"~'.-h_~'u"_" _ - -,. LAS FLORES No 00 'i:: ~ ~ iiii ~ 'Y '" !; .,.~ ... o ~ '" '" ~-, ~iIb...dl3 c.xH1l>1-r ':,4" 230 w. LAS FL..OtlE$ ;we.