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00-1610424
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W, Huntington Drive
Arcadia, CA 91007
COVENANT AND AGREEMENT REGARDING OCCUPANCY
(NEW OFFICE BUILDING)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
FRANCIS CHUNG YU AND WEI MEEI YU, Husband and Wife as Joint Tenants
hereinafter referred to collectively as "Covenantors", hereby declare to be the owners
.J of that certain real property located at 801 W. Huntington Drive in the City of Arcadia,
County of Los Angeles, State of California, more particularly described in the attached
Exhibit "A" and incorporated as part of this Covenant and Agreement (the "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 within 500 feet of the Affected Land, as follows:
1. That any and all medical and/or dental office space within structures on
the Affected Land shall be limited to a maximum of 1,200 square feet, and all such
:~~c~~:~:l~~I~~;~~)~~~~;~;l~:;~:~~~~~~ne sole-pra_ctitioner physician or dentist.
2. If this Covenant and Agreement is breached by Covenantors or their
,
successors or assigns, Covenantee is hereby authorized to bring all action in a court of
competent jurisdiction to enforce this Covenant and Agreement. In the event of such
legal actions, Covenantors or their successors or assigns shall be liable for the
reasonable attorneys' fees of Covenantee, if Covenantee is the prevailing party. That
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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 revoke.
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 run with the land and 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 Agreement.
III
III
III
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IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures,
"COVENANTORS"
Dated: 9-20-00
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Dated: 9-20-0 D
"COVENANTEE"
City of Arcadia
Dated:
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VVilliam R. Kelly
City 11anager
APPROVED AS TO FORlv1:
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Stephen P. Deitsch
City Attorney
3
State of CALH'UKN1A
County of LOS ANGELES
On 9-20-00
DATE
before me,
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00 1610424
JANET TRAM. notary public
NAME. Ttn.E 0\ OFFICER. E G. "JANE DOE. NOTARY PUBLIC.
personally appeared
FRANCIS CHUNG YU and WEI MEEI YU
NAME(S) OF SIGNER(S)
o personally known to me - OR -IX! 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 ac.
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
slgnature(s) on the instrument the person(s),
or the entity upon behalf of which the
'person(s) acted, executed the Instrument.
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1__ _MY Camm. &jllnlS.Ja1:Jl. 2001
. THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT,
. Though the data requested here IS not required by law,
It could prevent fraudulent reattachment of thiS form
-......"".......................-
CAPACITY CLAIMED BY SIGNER
Though SIalUIB does no! _'''' !toe Notary III
fill In the data below. dOing so may prove
InvalUable to persons relying on the doaJment
o INDIVIDUAL '
o CORPORATE OFFICER(S)
TrTLE(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(lES)
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT COVENANT AND AGREEMENT REGARDING OCCP.
NUMBER OF PAGES
4
DATE OF DOCUMENT
NONE
SI~NER(S) OTHER THAN NAMED ABOVE
e1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave, POBox 71S.' Canoga Park, CA 91309-7184
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-DEsCRlPTION
00 1610424
THAT PORTION OF LtlT 6 OF TRACT NO. 343, IN THE CITY OF ARCADIA, COUNTY OF LOS
ANGELES, STA'l'E OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 13 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOilS,
BEGINNING AT A POINT IN THE NORTHERLY LINE OF HUNTINGTON DRIVE, (Sll FEET WIDB) AS.
DESCRIBED IN DEED TO SAID CITY OF ARCADIA, RECORDED IN BOOK 9396, PAGE 145,
OFFICIAL RECORDS DLSTANT SOUTH 850 06' 50" WEST THBREON 12ll l'EET FROM nlE
INTERSECTION WITII THE SOUTHERLY PROLONGATION OF niB WESTERLY LINE OF OLD RANCH
ROAD (8ll FEET MIDE) AS DESCRIBED IN D8ED TO SAID C!'!"! 9'f ~gwP.\., R~t;;q~~ :HI
BOOK ].8186, PAGE; 162, OFFICIAL RECC)I!P~; TI!gNt;;i PARALLEL WITH TIlE T1'.NGENT PORTION
AND ITS Suu-u,..KL.Y PI!9Y7ll"~1'~~ oy THE WESTERLY LINE OF SAID OLO RJ\NC!i ll.OAI1, NORTH
040 53' !o. Wi~r 1.05 FEET; THENCE PA1!.'\LLEL WITH Tl'.E NORTHERLY LINE OF SAID
!IIi!'HNGTON DRIVE, NORTH 950 06' 50" EAST 26 FEET; THENCE PAIlALLEL WITH THE
WESTERLY LINE OF SAID OLD RANCH ROAD, NORTH 040 53' 10" WEST 19,67 FEET; THENCE
PAJ>D.T'I:RL lfITlI'THE TANGENT PORTION AND ITS EASTERLY PROLONGATION OF THE NORTHERLY
LINE OF SAID HUNTINGTON DRIVE, NORTH 850 06' 50" BAST 34 FEET TO A POINT IN 'I'HI!
W&."TBRLY' r;nn; OF-SAW OLD RANCH ROAD; TRENCH ALeNG SAfa WESTERLY LWB SOUTH 040
5. 3' 10." EAST 104,67 FEET TO THE BEGINNING 01' A TANGENT CURVE THEREIN CONCAVE TO
THE NORTHWBS'l' AND HAVINlJ A RADIUS OF 20 FEET; THENCE SOUTHERLY, AND WESTERLY ALONG
SAID CURVE 31,42 1'1!1l'r 'to ITS TJUilGENT INTERSECTI:ON WITH THE NORTHERLY LINE OF SAID
HONTINGTON DRIVE; THENCE SOUTH 860 06' 50" WEST ALONG THE NORTHERLY LINE OF SAID
HtJN1'INGTON DRIVE, 100 FEET TO TlIE POINT OF BEGI:NNING.
EXHIBIT "A"
11111I111111111111111111111111111111111111111111111111I11111
LEAD SHEET
00=1810424- '
RECORDEDIFILED IN OFFICIAL RECORDS
RECORDER'S OFFICE r
LOS ANGELES COUNlY -.
CALIFORNIA ~
8:04 AM OCT 17 2000
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SPACE ABOVE THIS LINE FOR RECORDERS USE
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TITLE(S)
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FEE FEE $19 BB r O,T,T, i
DAF $2 I ___ ~ I
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Assessor's Identification Number lAIN)
To Be Completed By Examiner OR Title Company In Black Ink
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Number of Parcels Shown
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THIS FORM IS NOT TO BE DUPLICATED