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HomeMy WebLinkAboutD-2572 ", 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 1 UU -J.O.!..U"J:H&' 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 2 U lJ HU \1 ':t"- ~ IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures, "COVENANTORS" Dated: 9-20-00 F,?!tk </;;. -?/~ P VVei11eei l'u V Dated: 9-20-0 D "COVENANTEE" City of Arcadia Dated: -t1/J1/:) - um~k VVilliam R. Kelly City 11anager APPROVED AS TO FORlv1: ~p~ Stephen P. Deitsch City Attorney 3 State of CALH'UKN1A County of LOS ANGELES On 9-20-00 DATE before me, } 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. li~==~ , :.... -- PI.tl!Ic - CaRlomla ~ ~ ,~,~, - ,,~ 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 /'. ;ft -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 , I I -j I - ~ - - SPACE ABOVE THIS LINE FOR RECORDERS USE . . , \ ~ TITLE(S) (~1 ~rt,fnloJ'!~.K(f!j~..,,~,;) ~al1," '> FEE FEE $19 BB r O,T,T, i DAF $2 I ___ ~ I I ! I I C-20 5 I : :COD~' i I 20 i ,-,- --1 , ! CODE I 19 I I---- - i I , CODE I :-~=-i- i , \ 1) -~-- , I --1 ! I I , I I --.J , --- -- -~ Assessor's Identification Number lAIN) To Be Completed By Examiner OR Title Company In Black Ink r I , Number of Parcels Shown --- - - . r--T'T---l . THIS FORM IS NOT TO BE DUPLICATED