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HomeMy WebLinkAboutD-2612 ... This page is part of your document - DO NOT DISCARD ... .- . 03 1509926 RECORDEDIFILED IN OFFICIAL RECORDS RECORDER'S OFFICE :,r" LOS ANGELES COUNlY ....a~- CALIFORNIA U' 8:04 AM MAY 28 2003 TITLE(S) : C oJ .€hltd H ~{:>f ~OO\JC: (~l g S. --Q~+~ ""'~ r'\~L {IJ j~r-rl ) .... SHEET FEE FEE'$ "ZS LL D.T.T DAF $ Z- C-20 7 CODE 20 CODE 19 - CODE 9 Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. ... Number of Parcels Shown ITIIJ - ITIJ - ITIJ ... THIS FORM NOT TO BE DUPLICATED []I] ... , . .- uu ..--- rJ- 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) AND CONSENT OF LIENHOLDER FOR GOOD, V ALUABLEAND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, THIEN C. NGUYEN AND CARRlE-CHAU THI NGUYEN, Husband and Wife hereinafter referred to collectively as "Covenantors", hereby declare to be the owners of that certain real property located at 1513 S. Tenth Avenue in the City of Arcadia, County of Los Angeles, State of CalIfornia, more particularly described as follows: The South 50 feet of the North 197.5 feet of Lot 90, of Tract No. 808, in the City of Arcadia, County of Los Angeles, State Of California, as per map recorded in Book 16, Page( s) 82 and 83 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 withm 500 feet of the Affected Land, as follows: 1. 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 "B". Said Guest House is for the sole use of members ofthe family occupying the main bUIlding; persons employed by and rendering such services primarily on the 1 j property; and/or the temporary use by guests of the family occupying the main building; that 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. That 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 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 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 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 decisions shall not affect the validity of the remaining portions of this Covenant and Agreernent. [SIGNATURES ON NEXT PAGE] 2 t , 03 1509926 If IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. r'" "COVENANTORS" Dated: J/1 CO .1 fp , 2003 - =--z--1tgr ^-- Thien C. N yen Dated: /4d, i ~ , 2003 4~~ Ca e-C au TIll Nguyen "COVENANTEE" City of Arcadia Dated: '6ifJJ ,2003 ~ William R. Kelly City Manager APPROVED AS TO FORM: ~P.~ Stephen P. Deitsch City Attorney THIS ITEM HfS BEEN NOTARIZED SEE ATTACHED ACKNOWLEDGMENT/:!JiIlAT--- ~_~- .NOTARYPUBLlC it STEVEN J. MARKMAN Commission # 1374917 z Notary Public - Collfornia ~ Loa Angeles County My Cam\ E>piesSep 15. 2Ill6 3 " 03 1509926 !j CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT County of to 5 ~'3 } ss State of Californ,a On /I?#{ 1(" )..c,,3 b j Steven J Markman, Notary Public e ore me, . Dale Name and TiU. of OIflcer (e g, . Jane Do6 Notary Pubhe1 personally appeared 7)rf, e.J C . N b-u'''II->v I1w-D C~I/I f Name(s)of SllIner($) Q pO'iQnally kna'''A ta Ale Q2l proved to me on the basIs of satisfactory eVidence ( J:ifJu (. t<<vp T-N,inf'-J /W ~;) flfEVEN J. MARKMAN . CommiJllon' 1374917 Notmy Public - Collfornlo ~ ~O. ....ngales Counly My corrm, ExpIrIls Sep 150:2006 to be the person(s) whose name(s)..,l8/are subscribed to the within Instrument and acknowledged to me that)le/$lle/they execuled the same In >sille"r/theJr authorized capacltY(les). and that by .-InstRer/theJr slgnature(s) on the Instrument the person(s), or the entity upon behall 01 which the person(s) acted, executed the Instrument OPTIONAL Though the mformatlon below IS not reqUired by law, It may prove valuable to persons relymg on the document and could prevent fraudulent removal and reattachment of thiS form to another document Description of Attached Document litle or Type of Document C~r /hvf) II<- ~il'lW yU!t, Avll/Y'V fl-C. INI i.-OIMr (6v1rs,.-/dJvs"~ 0'iv51:f'\A/ If'?- !,,(Etv Document Date Number of Pages U1-- Slgner(s) Other Than Named Above. Capacity(ies) Claimed by Signer Signer's Name o Individual o Corporate Officer - litle(s) o Partner - 0 L,mlted 0 General o AttorneY-In-Fact o Trustee o Guardian or Conservator o Other Top of \humb here Signer Is Representing C 1999 NilhoMJ Notary As&OCll.lIon . 9350 De SoIoAYfJ. PO 80.2402' ChalSlOIOrth CA91313-20f02' ~na\lelnall1OliIryorg Prod N,? 5907 Reorder Call ToD-Free l-&l1'J.-876-6a27 , 03 1509926 . v ii il ' "1 -.-t .{ I I, ~ -~ ll\ ~ , \- , \j\ Ii I:: , " , , : , , , ~ , L , I , . , . ! ,..' ~ . ...... I' . ~I .l :~ - :~ ., , 11\ 7 ,! ~ L , ri i :1 :\ ~ Ii L_~ E ({) Exhibit "A" 03 1509926 _n ~::_u.. .__ cv 1.;411____ ,.1".. '" -~ , -lQ I ,ll I -,Q , -',- :0- , =; " a , -' J ,I :'l{ C\ [ '" '! -~ '~-=-.:.= F L.cOE=Z. Pt..-A4 .- I ..v~ p,W' , ~"..;;:G.L.._---1. ......, F"'" ~O -" 1 , , , - . ""'-"'N=:rr-' ~ . Exhibit "8" 03 1509926 , . . . <t Consent of Lienholder Loan #: 591-0914692 Wells Fargo Home Mortgage. Inc.. a California CorporatIon ("Lienholder"), hereby consents to the grantIng of the foregoing Covenant and Agreement regarding accessory building (guest house) by Thien C. Nguven and Came-Chau Till Nguyen to the City of Arcadia, and, joins in the execution hereof solely as Lienholder and hereby does agree that In the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non-judicial proceedings, the same shall be sold subject to said Covenant and Agreement regarding accessory building (guest house). SIGNED AND EXECUTED this 6th day of May, 2003. Wells Fargo Home Mortgage, Inc. By: ~ tZ.2?J4- Edward A. DeBus, Vice President Loan Documentation e " I '. STATE of MARYLAND COUNTY of FREDERICK BEFORE ME, the undersigned authority, on this day personally appeared Edward A. DeBus. Vice President Loan Documentation, of Wells Fargo Home Mortgage, Inc., a California corporation, known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same for the purposes and consideration therein expressed, In the capacity therein stated, as the act and deed of the said corporation. GIVEN UNDER MY HAND AND SEAL OF OF CE THIS 6th day of May, 2003. ~a..~ Notary Public LORRIE A. PHElPS NOTARY PUBUC STATE OF MARYlAND County of Fred.rick My Commlulon Ex!,l.., May B. 2005 My commissio"n expires: ,. 03 1509926