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Home My WebLink AboutD-2610 .. II I I , I I ! 2:21 PM APR 08 2003 i L_______________J CbVP'la,tr}- ltktt It1ftvh1e-J ~ -<jardi n( 1tz{t'55B~ ~ ~ r l (0 jlld:L!tDU '" ) . '1-2 ~ VJ. lrJ tJ ~ Av~ hJ.L e- ~~ "I~II~~ I ~I III ~"I LEA 0 SHE E T '~ This page is part of your document - DO NOT DISCARD RECEIVED MAY 1 2 2003 I I I 03 0996504 CITY OF ARCADIA CITY CLERK RECORDEDIFILEO IN OFFICIAL RECORDS RECORDER'S OFFICE ,) \, LOS ANGELES COUNTY .u.. CALIFORNIA TITLE(S) : 4)J:' A - -- I -------, FEE -~-" ~ FEE $16 .,88 OAF $2 - C-20 4 ~ \ -- " \ CODE I 20 I I -l CODE I 19 I CODE I 9 I I - I Assessor's Identification Number (AJN) To be completed by Examiner OR Title Company in black ink. .. i-~ I I , , I I \ ! I ! I I I I I LJ Number of Parcels Shown ITIIJ - ifT-]- ~r-I.J A THIS FORM NOT TO BE DUPLICATED [II] ... Utl v~~t:H)04 ., RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 ~ COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, HAU WEN TSAI AND PATTY C. TSAI, 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 220 W. Walnut Avenue in the City of Arcadia, County of Los Angeles, State of California, more partIcularly described as follows: ~ Lot 40 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 ("Affected Land"). Covenantors hereby agree and covenant with the City of Arcadia, a Municipal Corporation (hcrcinafter 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 0 fa nd mcludes all the public and private land located within 500 feet of the Affected Land, as follows: I. That the Accessory Living Quarters/Guest House shown on Exhibit "A" shall not be rented, shall not be used as a separate dwelling unit, shall not be equipped with any kitchen facilities for the heating or cooking offood, shall contain only one (1) bathroom, and shall not be altered or expanded from the approved Floor Plan shown on Exhibit "A". Said Guest House IS for the sole use of members of the family occupying the mam building; persons employed by and rendering services exclusively to the 1 03-0996504 family occupying the main building and rendering such servIces primarily on the property; and or the temporary use by guests of the family occupying the main building. Any and all such use shall not exceed 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 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 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, q successors and assigns ofthe Covenantors, and may be released only 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 ofthe 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. [SIGNATURES ON NEXT PAGE] 2 .' 03-0996504 4 IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated: .2 /.2-h , 2003 f -. Dated: ~-~ ,2003 ~~. K/ Patty C. Ts i "COVENANTEE" City of Arcadia (. Dated: -1.~ ,2003 ~ William R. Kelly City Manager APPROVED AS TO FORM: , ~r.~ Stephen P. Deitsch City Attorney 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Cj STATE OF CALIFORNIA COUNTY OF Los Angeles On February 26, 2003 iss bt..fore me, NANCY SING personallYdppeared Hau-We! Tsa1 and Patty C. T8a1 , personally known to me (or proved to me on the basIs of sdtlslactory eVidence) to be the person(s) whose name(s) Is/are subscnbed to the withIn Instrument and acknowledged Lo me that helghelthey excwtcd the same In hl~/hcr/thclr authonzed capacllY(ICS) and thdt by hls/her/thclf slgnature(s) on the Instrument the person(s) or lhe entIty upon bell.df or which Ihc'pcrson(s) acted, executed the Instrument 11\- A - A - - - - A - A A - o NANCY SING ~ COIVliWl.Cl12 '" .., . . NOTARY PUBUC~ Gl ... LOS ANGElES COUNTY 0 _I.... "" ~ :O:M.~ex:.~~J1._tO~t WITNES hand and alliclal seal ThIS area for omClal notanai seal OPTIONAL 17IOUgh the mformatlOTJ below H 1101 required by Um.>, It may prove valuable to PUS01l.\ relymg on Ihe docume1l1 and could prevenl fraudulelll removal and reallachmelll of 1111 \ fonn 10 arlOlller dlJcu~lIl DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Document Date Numbe, of Pages: "Slgner(s) othe, Ulan named above " CAPACITY(IES) CLAIMED BY SIGNER(S) CORPORATE OFFICER(S) TITLE(S) Right Thumbpnnt of Signer op ot thumb here [ ] INDIVIDUAL ( " ] CORPORATE OFFICER(S) TITLE(S) Rlght Thumbpnnt of Signer op ot thumb here INDIVIDUAL PARTNER(S)- [ [ ] LIMITED ] .GENERAL ] PARNER(S)- [ [ ] LIMITED ] GENERAL ATJ'ORNEY-IN-FACT A TIORNEY -IN-FACT lRUSTEE(S) GUARDIAN OR CONSERVATOR lRUSTEE(S) GUARDIAN OR CONSERVATOR OTHER OTHER SIGNER IS REPRESENTING: