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Home My WebLink AboutD-2614 ... This page is part of your document - DO NOT DISCARD ... I 03 1754618 RECORDEDiFILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES ~UNTY CALIFORNI 9:01 AM JUN 19 2003 TITLE(S) : CD'VVVUU (~ ~~LVf~t;~ ~()D~ 1- S 2- 9 5- hl1 (th Itv' e Vlu t- A. ~~ II~II~ 111m m~ ~III LEA 0 SHE E T FEE D.T.T IFEE $ 3S" vvl 8 ,.. CODE CA. FEE Code 20 $ 4.00 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 DIIJ - UTI - ITIJ A. THIS FORM NOT TO BE DUPLICATED UTI .. 1, RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 ArcadIa, CA 91066-6021 03 1754618 ~ COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (RECREATION ROOM) AND SUBORDINATION AGREEMENT FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, FRANK HUANG, a single man, as to undivided Y, mterest and SHIRLEY C. LEE, a single woman, as to an undIvided Y, interest, all as tenants in common hereinafter referred to collectively as "Covenantors", hereby declare to be the owners of that certain real property located at 2529 S. Fourth Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Lot 35 of Tract No. 13217, as per map recorded in Book 264, Pages 26 and 27 of maps, in the office of the County Recorder of said County ("Affected Land"). Coven an tors 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. That the Accessory BUIlding (Recreation Room) shown on ExhIbIt "A" shall not be used as accessory living quarters, shall not be used as a guest house, shall not be rented, shall not be used as a separate dwelling unit, shall not be equipped with any kitchen facilities or appliances, shall contain only one (1) % bathroom, and shall not be altered or expanded from Floor Plan approved by the City of Arcadia shown on Exhibit "B". 1 UJ 1'754618 2. If this Covenant and Agreement is breached by Covenantors or their 1> 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, ifthis 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 ofthe residents ofthe 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 1754618 ~ IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite theIr signatures. "COVENANTORS" , 2003 ~~. C-- Frank H ang L-J ' Dated: r-/.r Dated: d 2-- ,2003 l~ Shirley Lee o c? ..-J "COVENANTEE" City of Arcadia Dated: Pj.~ ,2003 ~ William R. Kelly City Manager APPROVED AS TO FORM: ~r~ Stephen P. Deitsch City Attorney 3 -.03 1754618 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of Callfomla L) 4-1"...1....> } ss County of personally appeared before me, C-~~~~~'~'~'J:i.::::.zub~-b/l'-, L,,-Co- On /"1."'7 )./ ).Cl;-; Dale SJ.....r- Ii Name(l)alSlgner(s) o personally known to me a proved to me on the basIs of satisfactory eVidence ~~--------~-- @ CHARLES NYE _ CommISsion' 1340820 ~ !. Notary Public - California ~ j La. Angeles County f My Comm. Explres Jan 21. 2006 - - - - - - - - - - - ~ to be the person~ whose name(.,. ,s/_ subscnbed to the within Instrument and acknowledged to me that -ke/she/tAeot executed the same ,n ll15Iher/tRelr authorized capacltY(I~. and that by ...../her/u.e.r s,gnature(s).on the Instrument the person(sT, or the entity upon behalf of which the person(ll) acted. executed the Instrument WITNESS my hand and official seal [?-L ~.~'"~;:: OPTIONAL Thovgh 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::~,,,,,^_4~,,,,,, ;d.....,~ -I li.,~~<;"..f'''<s.'''.'1 t,,~, Id......c ~.e.c....,I,'- jl........) --' s~~..."'.!........,,'..... ~ .......-.....1-1 .( '7 Document Date. <:;. - ..l. - ku ~ Number of Pages .> Slgner(s) Other Than Named Above. F r-cv- t.. fi..,."~'" 0./1';"_ ~. K.e-II..; -.d S~ J t' I..... r::,. o'i.. ~/...... Capacity(ies) Claimed by Signer Signer's Name. Top of thumb here o Individual o Corporate Officer - litle(s) o Partner - 0 lIm,ted 0 General o AttorneY-In-Facl o Trustee o Guardian or Conservator o Other Signer Is Representing C 1999 N.~onal NotIry Assooabon. 9350 De SotoAve. PO Bo. 2402' Chatsworth, CA91313-2.w2 'wwwnalJonalnotaryorg Prod No 5907 A80rderCaIlToll-Free 1-800-876-6827 y .~ .. --';8'--' , --- ExIstIng Recreatlon Room 48'$q.F't:. 2 ' ~O'-3'___ Add 3/4 !I..1;h In ~ \lork Shelp tlClri 2-car ~,~ 3 ' / I>dstConc. P..... I' 2' .../" """. eona... ....._, Eldst 1 S'tcJrr Hou5e / 2,1!.n S", 1;, I 75 .). 4th Avenue ~ ~ ... d 'ii d U s.. <( oj 0 > ,I <(co .s:~~ +' a.... ~ - (lJ _ - +' (lJ C/J__ C/Jd U'o U (\J C/J I{J (\J ~~ CIJ.l "~tted .Of'k Gnd cover't GI'I)I nat.c:I d.~s W COI'Iply .Ith Ctty". Cod. 0.5 requIr'~ by Oty's Ilull....__ 03 1754618 ~ Exhibit "A" I- W'inclo,w ru '-l , W'inclow '"I 1.1+ oN , m x :;y 0- ;::;: In ow 2529 S, 4th Ave,) Arco.dio. Floor Plan of Recrea tlon " " ~ ROOM 0.. f-ter Restorn tion ~co.le 1/4# = 1'-0# ,. ~ co , Q ~ ~ -.:I ~ w::.. 0;, ..... 00 ~ 03 1754618 ~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California d County of ,1c;6 /1n8 (25 s/S/o '3 on before me, Datil F-1011~ personally appeared I@' '..;..;.:~ - f -. Canmlsslon 1# 12622&5 ! Notay PublIc: - CaITfarnla f Los Angeles County - - - - -My_~~~~29.:~l } ss /J /m{) tJ. &VI/A /-I-rXIe nr- OIIICllr (II g. "JlInll Doe, Notary Public") Name{s}orSlgnllr(lI) S~8m^"'"=,II~, l.-nnwn tn mo ~ed to me on the basIs of satisfactory eVIdence 10 be Ihe person(ll) whose name($!' Is/are subscribed to the within Instrument and acknowledged to me that he/sIlGItbI!Y executed the same In hls/~/t~ authorized capaclty(jIlSj, and that by hls/he1Itl>€lr slgnature~ on the Inslrument the personf,:), or the entity upon behalf of which the person((J acted, executed the Instrument WITNES(:l'and an~' seal hna. '&--l ~L~ - Slgnlltureof NOlaryPubhc OPT/ONAL 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 tonn to another document Description of Attached Document Tille or Type of Document Document Date Slgner(s) Other Than Named Above 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 Signer Is Representing Number of Pages Top of thumb here Q 11199 Nallonal ~otary AswcaallOn' 9350 De Solo Ave, PO eo. 2.02' ChalSworth CA91313 2.02' WfNInahonalnotaryorg Prod No 5907 Reorder Cell Toll-Fl'lIe 1-800-676-6827 03 1754618 ~ SUBORDINATION AGREEMENT Bank of the West ~ 3904513 ~ F'lOOT BAHCOR? A CALIFORNIA CORPORATION (LOAN NO. 14e9219JI.fl, \i bemg the beneficiary under that certain Deed of Trust entered into on APril 16. 2002 as Instrument No. 02-0884834 of Official Records of Los Angeles County Recorder said Deed of Trust is and shall be subordinate and inferior to the Covenant and Agreement Rel!ardinl! Accessorv Buildinl! (Recreation Room) to which this Subordination Agreement is attached. + . Executed this ~S!. day of o,u..t ,2003,~ Honolulu Hawaii . California. By: First Hawaiian Bank, Agent for Bank of the West Its: ~i(ST HAWA!lAN BANI: By: Its: ACKNOWLEDGMENT Hawaii lV STATE OF Cl'dlFOR:t&!.. ~ COUNTY OF ..J:j 0 nc; Iu.lu.. ) ) ) ss. On APR 2 1 2003 , 2003, before me, MarjOrie Bench . a Notary Public in and for said state, personally appeared 'em! H. VBmwa personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislber/their authorized capacity(ies), and that by hislher/their Slgllllture(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~#~ Signature JUl 0 7 ~ (Seal)