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HomeMy WebLinkAboutD-2713 ... This page is part of your document - DO NOT DISCARD ~I , 06 2458427 I i --1 'u~1 RECORDEDJF/LEO'IN OFFICIAl. RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 8:01 AM NOV 06 2006 TITLE(S) : ... ... L E , FEE _ _ --- -----, Code 01 - 22.00 I Code 20 - 02.00 ! Code C034 - 001 D.T.T. --1 --I [CODE I 20 I i ~- ---- ICODE · 19 -- Ju--T---- ----- -- ~-~ ,: I I 1 . Page C05t 'L~_ J CODE :9_. Grand Tota~ = $24.00 As'sessor's Identification Number (AIN) Tolbe completed by Examiner OR Title Company In black Ink. Number of AIN's Shown - - --, '~UJ ; . 1_ __ L-L__J L___ I , ~u 1 'T ~- - I ' _ __-J.- __ "''''.:A.. THIS FORM IS NOT TO BE DUPLICATED ... , I , v RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 06 2458427 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE) FOR GOOD, VALUABLE AND ADEQUA TE CONSIDERATION, receipt of which is hereby acknowledged, CHI JUNG LII AND SHIRLEY SHU CHING LII HUSBAND AND WIFE AS JOINT TENANTS hereinafter referred to as "Covenantors", hereby declare to be the owners of that certain real property located at 2620 S. Santa Anita Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Lot 4 of Tract No. 11438, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 234, Page(s) 22, inclusive 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 , . 06 2458427 ) I. The Guest House shown on the attached Exhibits "A" and "B" 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 (I) bedroom, one (I) bathroom (and the bathroom shall not contain more than one (I) toilet, one (1) 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 Exhibits "A" and "B" and shall comply with the space and occupancy standards of the Uniform Housing Code and other applicable regulations. Said 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 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. 2 06 2458427 Y 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. 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. D,t<d rf,r/crb Dated: (M(o 6 ,2006 "COVE NTORS" .%:~ Chi Jung Lii ~ ,2006 "COVENANTEE" City of Arcadia Dated: 1'1ltI ,2006 JllJ~V1 William R. Kelly City Manager APPROVED AS TO FORM: ~r./~ Stephen P. Deitsch City Attorney 3 ~U~~-r HoUSE ~- ----------- ------- ---- , , 1 200.12 P. l '" ,. z ii ,. z - =< ~. ,. ~ ~ , !" " '"-~ -~ " '" """ (E)!I(OIIOO1o1 ~ " ~ J " 40~O '"U_ lIJWC_ ,~ 40.0 (EjI)'jINCROIni 2e'-~. (g'-g" EXISTING ~Nfl)SC.lPING (E)IIEDROOII .. )" ElIlSTlNClAl<lO$ColI'INC (E) 2-CAJI CAR4C[ ------~ \" i )" '- 2'llSLOI'tO'l.llN AWAY FROM l'OUNOATION ~. ,- ,~. I; , , 1 , I ml~~~ I I ~---- ---- ------ -- - - ------- -- -;O~- -p-:-;:--- -------- - ------- --- - ----- -----------) PLOT PLAN ~ ~ "X X GI - -\ ~ 2~lO 5ANiA ANtrA AVe. <:> 0) 5, ':: l\:) ~ c:.T1 00 ~ l\:) -..1 v. m "X ~ VI - --\ ~ " > i ~jt:JJI~ft1J; :Tf~:iHJWt' 't 1'., 11~11 , 118 ~ L I, \ l'I;~l,1' J,t tH4~,,,y,Y'1' ) l' loll Iii '':''1i j , r l' 1 J r J I 1;~.I:"khJI.I '. 'J'IJ' ,r"1 " j.,. 11'11, .J, I ,I 1_+.r~..J: __1/,_.1 ~__ ..l.f._l.l' ROOF PLAN ,-~......." '~,--1/"S;-1'-o'" '-~~ . . SOUTH ELEVA nON ';r-"-a" - ... ..... ..."" DII1IIO " WEST ELEVATION t/8'"-1'-o" ...... IXIID ./1/~ CXIRXION ImISTAICT IlllETAL IiIIIH " \.... ....1llT... -... ..,- "-----~--^ -........ -... ..((~20 5. 5AN"1A AN/7A AVE. c;.ues-r tfoCJse / " EAST ELEVATION ';r-t'-o" " " NORTH ELEVATION vr.1t-cf A DIDCA:nD 10 ",.. CIICUT fIIIUm) nil 1A1MROCIl ClU1LrT ____A....-".../-"' --.. .... , (N) .." "" \ --, ... I , \ " I : \ ( <, I > , I J / ( / '~ ./ c FLOOR PLAN QJEST HCIUSE /~------,~v -, ".....-...... -......----.......,...--..... "'--~-.".--...... ". ....--.......... --. ,---- , . ..----.. ,---, -----....... _wml_ DmC11lII W, . OAT1EIII'_ ...---......----...-- <:) ~ t-:> w;. ~ (:J) w;. t-:> ..;I ~ '. 06 2458427 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT - State of California } ss. County of \ ~\. - \\'t]~\Q.t\ I I I On f.,1t~\. ~{, c::l(tt, before me, t'\~~..""nu.~~~'I.\9'~".Doo.Nota'YP"b1" \k personally appeared .::::::\-\.., J,"'1j Ui nt>.d ~~\{'\~1 'R~\),. CNv\a-U Name(s) of Slgner(s) ~ o personally known to me ~proved to me on the basis of satisfactory eVidence I I I, I J - - - - :==:~~~-f ,@ _-.-.0 , _ _ _ ~~In~~2~7t to be the person(s) whose name(s) i~/are subscribed to the withi{' instrument and acknowledged to me that h~s~elthey executed the same in h/\Yh~rltheir authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I. I' I I Place Notary Seal Above OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fonn to another document. Description of Attached ~:ent .. + TitleOrTypeofoo:;ent: \.. ~~1'o..t\; b" ~~~9~ ~'. ~~~~ OocumentOate: r)~~'lII\);lR\ ~.s., ~ob Number of Pages: c;:..., Signer(s) Other Than Named Above: I I I I I I I. I 1 Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: 01997 National Notary ASSOciation' 9350 De Solo Ave., PO Box 2402 . Chalsworth, CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1.800-876.6827 7 ;:r.' I .1 I ,I .1 ,I 1 I 1 I ~\'" ~.J~ 1 1 1 I I I ,I I .1 1 ,I Recording requested by: Quality Loan Service Corp. `s.1 OI hf0$(Yr' When recorded mail to: RECEIVEL Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 0 Atto'' TS # CA -09- 331763 -AB Order # 4336824 SPACE; ABOVE ti ns LINE FOR RECORDERS USE NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 4/26/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial code and authorized to do business in this state, will be held by duly appointed trustee. The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): SHIRLEY SHU CHING LII AND CHI JUNG Lll, HUSBAND AND WIFE AS JOINT TENANTS Recorded: 5/1/2006 as Instrument No. 06- 0946290 in book xxx, page xxx of Official Records in the office of the Recorder of LOS ANGELES County, California; Date of Sale: 7/9/2010 at 10:30 AM Place of Sale: At the front entrance to the Pomona Superior Courts Building, 350 West Mission Blvd., Pomona, CA Amount of unpaid balance and other charges: $695,302.06 The purported property address is: 2620 SOUTH SANTA ANITA AVENUE ARCADIA, CA 91006 Assessors Parcel No. 5789- 028 -009 The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, please refer to the referenced legal description for property location. In the event no common address or common designation of the property is provided herein directions to the location of the property may be obtained within 10 days of the date of first publication of this Notice of Sale by sending a written request to CitiMortgage, Inc. 1111 Northpoint Drive Coppell TX 75019. Pursuant to California Civil Code §2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: [ 1 ] The mortgage loan servicer has not obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is filed; [ 2 ] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does apply to this notice of sale. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful binder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse againlf`the Mortgagor, the Mortgagee, or the Mortgagee's Attorney. Date: 6/8/2010 Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 619 - 645 -7711 For NON SALE information only Sale Line: 714 -573 -1965 or Login to: www.priorityposting.com Reinstatement Line: 866 - 450 -3172 Quality Loan Service, Corp. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holder's rights against the real property only. THIS NOTICE IS SENT FOR THE PURPOSE OF COLLECTING A DEBT. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE HOLDER AND OWNER OF THE NOTE. ANY INFORMATION OBTAINED BY OR PROVIDED TO THIS FIRM OR THE CREDITOR WILL BE USED FOR THAT PURPOSE. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. Important Notice Regarding Alternatives to Foreclosure If you would like information regarding the options available, Please call, email, or fax us: Home Retention Department 877- 88MYQLS (877- 886 -9757) Email: Homeretention @qualityloan.com Fax: (619) 568 -3574 Please fax or email the attached financial form(s) to expedite our ability to help you process your request. If you would like to obtain an exact figure as to the amounts needed to cure the default or pay the loan in full, forward your request for reinstatement figures and /or payoff quotes to: Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 Fax (619) 568 -3599 or call: Payoff and Reinstatement Department - 877- REINST8 (877- 734 -6788) You may wish to consult a credit - counseling agency to assist you. The Department of Housing and Urban Development (HUD) can provide you with the name and address of the local HUD approved counseling agency by calling their toll -free hotline at (800) 569 -4287. Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale provided the sale is concluded prior to the conclusion of the foreclosure. Be sure to notify Quality Loan Service or your lender in the event your property is listed or under contract for sale or the foreclosure may take place notwithstanding your expected sale. THIS NOTICE IS SENT FOR THE PURPOSE OF' COLLECTING A DEBT. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE HOLDER AND OWNER OF THE NOTE. ANY INFORMATION OBTAINED BY OR PROVIDED TO THIS FIRM OR THE CREDITOR WILL BE USED FOR THAT PURPOSE. Quality Loan Service Corp. III II II I I 2141 5th Avenue San Diego, CA 92101 7103 9628 5941 6288 7701 N C 0 tL 1111111 1111 1111 1111 1111111111111111111111111111 1 I D I I I I CA -09- 331763 -AB CITY OF ARCADIA P.O. BOX 60021 ARCADIA, CA 91066 -6021 Important Notice Regarding Alternatives to Foreclosure THERE ARE ALTERNATIVES TO FORECLOSURE, BUT YOU MUST TAKE IMMEDIATE ACTION. Hay alternativas para llevar acabo la ejecucion de hipoteca (foreclosure). Su prestador esta altamente interesado en discutir las opciones que le podra ayudar evitar la ejecucion de su hipoteca (foreclosure), pero necesita llamar a nuestra oficina inmediatamente para poder ayudarle con cualquier pregunta que tenga al respecto. Por favor Ilame a Quality Loan Service Corporation, el numero de telefono es 877 - 886 -9757. Tenemos personas que hablan espanol y capacitadas para brindarle ayuda con su prestamo. Your lender is very interested in discussing options that may help you avoid foreclosure, BUT YOU MUST TAKE IMMEDIATE ACTION AND CALL TODAY. Your lender may require certain financial information (attached) and may require access to the property to determine the property's value prior to qualifying you for these programs. (continued on reverse) N (n M iO