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Home My WebLink AboutD-2557 '- . . 99 1350899 RECORDING REQUESTED BY AND WHEN RECORDED. MAIL TO: City Attomey City of Arcadia p, 0, Box 60021 Arcadia, CA 91066-6021 DEe 1 4 1999 CITY OF ARCAOIA CITY ClfllK (FEE- -l9---c-1 : OAF $2 . COVENANT AND AGREEMENT REGARDING ACCESSORY BUILD~ -20---- 5 - (GUEST HOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, YOUNG BOW PARK AND JUNG AEE PARK, husband and wife hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that certain real property located at 268 W. Duarte Road in the City of Arcadia, County of Los Angeles, State of Califomia, more particularly described in the attached Exhibit "A" incorporated as part of this Covenant. All of which aforedescribed is hereinafter referred to collectively as the "Affected Land" and incorporated as part of this Covenant and Agreement hereby agree and covenant with the City of Arcadia, a Municipal Corporation (hereinafter referred to as the "Covcnantce") 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 Guesthouse on Affected Land (Exhibit "B") shall not be altered or expanded in any way without permits, shall not contain kitchen or cooking facilities, shall not be used as a separate dwelling unit and shall not be rented, Said Guest House/Accessory Living Quarters is for the sole use of members of the fam!!y occupying the mai" b1lilding; persons employed by and rendering such services primarily on the property; and/or the temporary use by guests of the family occupying the main building, I 2, If this Covenant and Agreement is breached by Covenantors or their successors or assigns, Covenantee is hereby authorized to bnng an action in a court of competent jurisdiction to enforce this Covenant and Agreement. In the event of such legal actions, Covenantor or their successors or assigns shall be liable for the reasonabk 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 may at its sole option, revoke this Covenant and Agreement. 1 99 13508!)9 --.:>- 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 Cownantee 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 iil 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 Agreement. IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures, "COVENANTORS" b~kMt Dated: olj.-?, d - ?? Dated: 0(/.-6 ~ -C}tj ]U~~PtJAL "COVENANTEE" ~ Wilham R. Kelly City Manager ~~ APPROVED AS TO FORM: lfL~il !lJ~ City Attorney 2 ~~ J:i)iJUi~~ ( Thae 1lOr1.1OD of l.DT 1 of 1'\'acc 110. 9'1, aa per _ recorded 10 Book 17 Pas" 28 of lie"", In cha oCUca of cha <:wac, ~...d.., c1eacrlbed aa rou""". 'c-nclD8 ac tba lIo..c"""aea"'1/ comar 01 eeld Loc I; ehD1lCa IIoreh II' 00' 00" Kuc .10na cha 1I0rth.rl, 11... eha....I, 1262.30 leet co eha 1I0reha.aterly co.....r 01 the 1.... d..erlbed ID dettd to eraee V. HlIl1ken, racorded In Book 12740 Pasa 110 OrUcUll Recorda of S<>dl couney, baln. eha erue polot of IIa.lnololl r.hanc. South O' 01' 30" Eaat par..Uelv1tbth. Vaatarl:-UlWof eeld LoCI,. dbuace of 40~.22 feee; thanea Nores. 8!>- 27' 36" !at 100.31 reae Co tb. SovtMuCerly co.".. of ehe land d..crlbed In Alr_nt Co COlI'I" Co __ Cavlo aDd vUa"recorded 10 look 13271 Pasa 339, Offlclal Record. of ..1d county; chene. Rorth O' 01' 30" w.et olons ehe KuHrl, U..e of aaiel I.... _n.1o...s lanel, 413.11 fen to eha 1I0rtbe.ly 110a of ...Id Loe I, Chenee Soueh 81' 00' 00" v..e alona aald 1I0rtherly I1ne, 101.24 h.c co ehe polot of baSlnnl.... EXCEl'!' eh.rerl'OlI .h. Soueherly 150 rHe of said land. ALSO EXCEPT ohe Noreherly 12 Ceet ..oaured .. rlshe anal.. of .ald Ie"" eoad""",ecI for ..reae purpo.a. b, (Snol deer.. of co"".....elon. . ....Uled copy of vhich vaa ..aeordecl '.b.....ry 19, 1968 ... lnael'VllCnt No. 32~6. , r EXHIBIT "I;." Ii , OtJf\~ilS cur\' ~ o N " Ett,Tt,"'i- <iA~Ao<O ~OO..,. ql, 1 " 4- N"-W ~ 4iJt~-r*Wt>e: I , 00 "i' 1+ 10'-+ 1~5'--t 45' \2.p. /01 'j.Y' e~151'lN4- 1'$101'<1 1+0U~E 2,87" "l- ft. [iJ 2 G B W OUAi</E Ro, ARcAOtA, ell 'O,Of' ~o~ eXH1~11 "8" ',. ~ .. '" . 1 N~H tJO SeAL-e. '- , , , 99 1350899 .. .StatE1of rA'M,j\n}{'h'14 } 9~}' 1350899 .county'Of l.fi3 /)VICy/ff5 ,0 ~n~ before me, m~'~TLEOF!~~~~-~'NOT'RYPUBLlC' personally appeared \. 6/{,t Dov<J:PM: IE. Jl.{ VI IJe..e..-ftkr Z NAME(SJOF SIGNER(S) o personally known to me - OR - Pf'proved to me on the ba~ of satisfactory evide~ , , to be the persorlWlwhose name(s) I~ subscribed to the within instru and ac- knowledged to me that he/she h executed the same In his/her/ he' authorjzad." capacity~. and that y his/he~ signatur~on the Instrument the person(s), or the entity upon behalf of which the perso~acted. executed the instrument -...." ,. ", ." - MAAI~ pEtERSON ~ Commission 111179887 z 1,... Notary Pubilc - Caiifomla ! 'Z Los Angeles County , y Comm, Expires MIT'/l'. 2002 WITNESS my hand and official seal. /11~' (3~ SIGNATURE OF NOTARY OPTIONAL SECTION "'HIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT .:rhough the data requested here IS not required by law, It could prevent fraudulent reattachment of this form SIGNER(S) OTHER THAN NAMED ABOVE - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER, Though statute does not reqUIre the Notary to fill In the data below, domg so may prove ',~ mvaluable to persons relYing on the document . ~NDIVIDUAL o CORPORATE OFFICER(S) TITLE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY,IN,FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER' SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) @1993NATIONAlNOTARY ASSOCIATION. 8236 Remmel Ave. POBox 7184. Canoga Park, CA 91309-7184 .\.~~ "1 -., .' J // '\ " ,- 99_1a,5lt8!l9 ,*..~ t:; RECORDEDIF/LED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 8:04 AM JUl 21 1999 '1 Ii oEe 1 4 '~99 C\l~ Of IIRCE!!l1A CITY Cl ~ SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE TITLE(S) .. FEE N/A N/A 0 20 9 ~ 19 04 19 CODE REC NO NO PCOR DA SURVEY NOTIF INVOL NON FEE PAGES TITLES FEE MON LIEN CONF f.r I ( EXAMINER S INT D , , .', -, ... Assessor s Identification Number (AIN) To Be Completed By Examiner Or TItle Company In Black Ink Number of Parcels Shown ITD , , . . RevIsion Numbar