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HomeMy WebLinkAboutD-2667 ... This page is part of your document. DO NOT DISCARD ~ I 05 1046567 RECORDEDlFllED IN OFFICIAL RECORDS RECORDER'S OFFICE &. LOSANGElESCOUNTY ~ CALIFORNIA 'J;' , 8:04 AM MAY 042005 TITLE(S) : Gvtvtaq-UVtd./M (aWl(~ (~ Re(N~-~ ~ dLf~ 5. S<cor'ld NCh~e. ... ~ LEA D SHE E T FEE D.T.T. FEE $22 ZZ OAF $2 C-20 6 CODE 20 CODE 19 CODE 9_ Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown ITIIJ - ITIJ - ITIJ ... THIS FORM IS NOT TO BE DUPLICATED ITIJ ... RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 05 104G507 . ? COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (RECREATION ROOM) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, MICHAEL CHENG, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY AND BINH K. DO, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY BOTH AS JOINT TENANTS hereinafter referred to collectively as "Covenantors", hereby declare to be the oWners of that certain real property located at 2424 S. Second Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Lot 4 of Tract No. 12565, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 259, Page 31 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 th~ "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 Q5 1(l'l-6567 '!'I" 1. The Recreation Room shown on the attached Exhibit "A" shall not be converted into livable space or a guesthouse; shall not be rented to other parties; shall not be equipped with any kitchen facilities or appliances, shall not contain more than one (1) bathroom (and the bathroom shall not be more than a % bathroom); and shall not be altered or expanded from the approved Floor Plan shown on the attached Exhibit "B". '. "), 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 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 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 hem, 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. 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. 2 {/ , . A~ 1Q4o~~7 IN WITNESS WHEREOF, Covenantors have executed n11S instrument on the date shown opposite their signatures. ".,;-, 'f "COVENANTORS" ~ Dated: ? - 2.2' -~~2005 ~~// Michael Cheng Dated:~, 20?5 B!MftJJZ "COVENANTEE" City of Arcadia Dated: ~tt> ,2005 ~ William R. Kelly City Manager APPROVED AS TO FORM: ~().~ Stephen P. Deitsch City Attorney \ 3 Q5 1046567 ~ 5 , , " I ,I I I CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT '" I' I , State of California Cou nty of Ln s;. ANt.-c-le-S } ss, ttoN&- ff. k-& , Name and Title of OlTicor (e g, "Jane Doe Notary PublJc") ft U,'cMcL CHEiN lr :.-----:--: Nama(s) of Slgner(s) ] o personally known to me ~oved to me on the basIs of satisfactory eVidence to be the person(s) whose name(s) Is/are subscnbed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authonzed capacltY(les). and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument WITNE On ~-~'Y-7--o0.r ,before ;e. f31' N-# DO I I " I OPTIONAL Though the mformatlon be/ow IS not reqUired by law, It may prove valuable to persons re/ymg on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document _ V.... A I A-. , T Title or Type of Document C-o =VTf f\I 1- t\- f:rf!-cgMe:fv T ()3 , " Document Date :3-GSf-~or Number of Pages RIGHT THUMBPRINT OF SIGNER TOp of thumb here C 19~ National Notary AI5OClallon' 9350 De Solo Ave. PO Box 2402' Chlltswortll, CA 91313-~' _ nallC<lalootaryorg Date personally appeared I, I . HONG H. LEE COlMllssIon. 1510783, Nolay PublIC . CaI10Irla Los AnQetes County , MvCorrm~ n:mJ Place Notary Seal Above I I, I, I S'gner(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name . o Ind,v,dual o Corporate Officer - Tltle(s) o Partner - 0 Limited 0 General o Attorney In Fact o Trustee o Guardian or Conservator o Other " , I I I I I I " I S'gner Is RepresentIng "'- Prod No 5907 RlIOrd.r C.UToIIFr881./1OO-876-6827 'I I ,I " , ' . I ! , " , . Ii .t-.;.. _ ~ '!l';- 1 e I. _ Ilil 'U I .~ , - I ~, I :i I~' II. e. "~p s-- r- , . ; , I , I i @- , - i ~ l. 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