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Home My WebLink AboutD-2571 1/ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia p, 0, Box 60021 Arcadia, CA 91066-6021 00 1279511 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERA TION;'receipt of which is hereby acknowledged, ~UNG SUM CHAN, a Married Man as his sole and separate property hereinafter referred to collectively as "Covenantor", hereby declares to be the owner of that certain real property located at 1105 S, First Avenue in the City of Arcadia, County of Los Angeles, State ofCalifomia, more particularly described in the attached Exhibit "A" incorporated as part of this Covenant: Covenantor hereby agrees 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. [hat the Accessory Buiiding (Guest House) on Affected Land (ExDibit ':B:.,:) shall not be altered or expanded in any way, shall not be used as a separate dwelling unit, shall not be rented, shall not contain a separate room for the preparation of food, and shall'not contain facilities for the heating or cooking of food, Said Guest House is for the sole use of members of the family occupying the main building; 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; that such use shall not exceed a total of thirty (30) days during each calendar year, 1 UU-l~79511 ~ 2, If this Covenant and Agreement is breached by Covenantor 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 actions, Covenantor 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 may at its sole option, revoke this Covenant and Agreement. 3, Covenantor 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 oft.l-tis Covenant and Agreement. 2 OO.~.1279511 \,1 IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown opposite the signature. "COVENANTORS" Dated: 1- U - ,2000 9/7/00 ' /S{;iG~~;UM~iM:-- rtttA~ e'~ ~~ "COVENANTEE" City of Arcadia ,2000 ~ Dated: i. It-- William R. Kelly City Manager APPROVED AS TO FORM: \ ~r~ Stephen P, Deitsch City Attorney ,:! .' 3 '. .",- ,. OO~1279511 s , , LEGAL DESCRIPTION .... A PORTION OF LOT 6 OF THE ARCJ\IlIA ACRBlIGB TRACT, IN THE COUNTY OF LOS ANGELBS, STATB OF CALIFORNIA, AS PER MAP RECORDBD IN BOOl\>~O, PAGE ~8 OF MAPS, IN THE OFFICE OF THE COON'fY RECORDER OF SAID COUNTY, DRSClUBBD AS FOLLOWS: , , __ BEGINNING AT THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 89 DEGREES 36 FEET WEST ALONG THE NORTHERLY LINE OF SAID LOT. A DISTANCE OF 283. 94 FEET. THENCE SOUTH 0 DEGREES :Z4' BAST PAR"',T,"!. WITH T!IE WEST LINE OF SAID LOT, A DISTANCE OF 69,35 FEET; THENCE NORTH 89 DEGREES 36' EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT, A DISTANCE OF :Z83, 94 FEET TO THE EASTERLY LINE OF SAID LOT, THIlNq;l NORTH 0 DEGREES :Z4' WEST ALONG SAID EASTERLY LINE A DISTANCE OF 69.375 FEET TO T!IE POINT OF BEGINNING, EXCEPTING THE EASTERLY 30,00 FEET OF SAID LAND CONVEYED TO T!IE CITY OF ARCADIA FOR ROAD PURPOSES BY DEED DATED JJ\NUARY ~, ~9U RECORDED IN BOOK 6B, PAGE 750 OF DEEDS, RECORDS OF SAID COUNTY, - ~----- - --- ------- EXHIBIT "An PlEGAL. ...(J3/'2:JfV/ilDJt1. B I..~t I Ho~f.e 1. S.h,~1 I<lo u s,e 11i>r. " o >/O/n bat" Liv, Rrn, 00-1279511 t l3ed roo,... Guc",,+ l..Jvu~e Floor Plell'l -Gco/~.' 1"= 10'-0" /105 s rit"<;.1 Ave" Arcael/a. sHe F1a,H sc..k.: /-,40' .s. First Ave, EX Hl8IT "6" $N 00-1279511 1 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~~~~~~.L"lf".d("-d("'..cY~~~~..e'c"'..c!-<:.~~~~~~.a"~~..t"!of'.r"lr"~~~~,.C(".c<"-C't'~-&'!:.<<~<<<"l:'Q~ State of California ;:; _ _ } ss, g County of rI '-4- ~ on/)' _J_~r7,Jnv ,beforeme, ! VJoJ.lttJ((' L. f,t.-Hf11l~J: ~7 I' (1 NatMIndf!t.oIomc.r(e;',.JaneDoe,NowYPubIIc1 personally appeared J fA. fJ -V J f.,{/IA. ~jJ , () ~'lotSlgner(.) ~~ersonallY known to me roved to me on the basis of satisfactory evidence ~~ YVONNE l RICHARDS ~ - Comm,' 1232955 III NOTAB' PUBI< CAl"."'" (Jl lOIA/l'IIIIColllll1' - MfCOllllll ElptruAul 23..1:003'" to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that helshellhey executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PIac. NoWy S.a1 AbOYe Though the Information below is not required by law, it may prove valuable to persons relYIng on the documenl snd could prevent fraudulent removal and rssNachm9flt of this form to another document. Oescrlptlon of Attached Oocument , Title or Type of Document (J4t1 ~~- y- /fl. ceJn(QI./I Document Date: 1- ( ( - )..cnP1J Number 01 Pages: Signer(s) Other Than Named Above: <'''''''-<I d &K'1t;-J fI--,-, I L ~__ Capaclty(les) Claimed ~ elgnl!,r Signer's Name' S (.l 5 ~M '\D. Individual o Corporate Officer - "Tille(s): o Partner - 0 umned 0 General o Attomey in Fact o Trustee o Guardian or Conservator o Other: RIGHT THut.1BPAJrH OF SIGrlER Top of thl.lT1b hont Signer Is Representing, o liQ1 N.tIonal Notary ANoc:I.adotl . 9350 0. $Qlo ....v.. PO Boa 2402. C".taWIOf1h, C.... 81313-2402 Prod No 5807 RlIOl'der Call ToI.Fr.. 1-<<XJ-a7&-ee27 00 1279511 . . RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE I LOS ANGELES COUNTY SEP 1 1 2000 CALIFORNIA 4:21 PM AUG 15 2000 CITY Of ARCADIA " CITY CLERK ./~ ' - - ~~-............... u 11111111111111111111111111111111111111111111111111111111111I LEAD SHEET \ SPACE ABOVE THIS LINE FOR RECORDERS USE; " , ~ ~ TITLE(S) it FEE FEE $22 DP,F $2 C-20 w 6 . -~ ~ ~..- .....- n I I I ' CODE 20 CODE 19 CODE 9_ I , I I ' LJ Assessor's Identification Number lAIN) To Be Completed By Examiner OR Title Company In Black Ink Number of Parcels Shown ~ []I] ~ I THIS FORM IS NOT TO BE DUPLICATED