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Home My WebLink AboutD-2585 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 01-1554028 u ~ )J /' / COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUESTHOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, SIMON LUY AND LINDA MUI-LIEU LUY, Husband and Wife, as Joint Tenants hereinafter referred to collectively as "Covenantors", hereby declare to be the owners of that certain real property located at 1829 South Second A venue in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: The South 67 feet of the North 167 feet of the East 232 feet of the South one-half of Lot 32, Arcadia Acreage Tract in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 1 0, Page 18 of Maps, in the office of said County ("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 ai1d rig..1.t-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 01 1554028 j 1. That the Accessory Building (Guesthouse) on Affected Lan~, more particularly described in the attached Exhibit "A" (Site Plan) shall not be used as accessory living quarters, shall not be used as a separate dwelling unit, shall not be equipped with any facilities for the heating or cooking offood, shall not be altered or expanded from the approved Site Plan, and shall not be rented. 2. If this Covenant and Agreement is breached by Covenantors 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, Covenantors 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 solely at its option, 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 aud 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 owner 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 L:md is herehy 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. 2 01 1554028 4 IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated: '1 g) , 2001 ~~ ~4t?t---6, Simon Luy ~ D'too, ~ 2001 er~~A( {j ~i1 Linda Mui-Lieu Luy "COVENANTEE" City of Arcadia Dated: l.Ui ,2001 ~ William R. Kelly City Manager APPROVED AS TO FORM: ~r/~ Stephen P. Deitsch City Attorney 3 'I / I, I~ J/ V ]i I ., i , I ~;-. 'ri.. " (J1 ,'" 1 ~ ~- 1-"C :' :1:., t, ~ ~7' '", 'X 'U; " ::! z , c;-. n, o Z ~, . "'b, f{j ':6'" , -iOL-. ... >', ' ) _' ; ... . ~;~ . r HE';; ,~f ~. , 'I'" 'I' :~' ~" ",~, , ' ~. 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"'\ - -i'-' ~ "' n c " ill RECORDER'S r,la.:O; POOR RECORD IS DUE TO QUALITY OF ORIGINAL DOCUMENt EXHIBIT 'A' ::;:at8 ui'- . . t. : . County J On OA befo me, -l~~QJ:~G~~~1J~ personally appeared i;; t1I\M lMJ.J a~LM~; 1:'0..<< l:t -:l NAME(S) OF SIGNER(S) , o personally known to me - OR ~ proved to me on the basis of satisfactory eviden e to be the person Is) 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 (I ANNAC LO [ c3pacity(ies), and that by his/her/their _ Comm'S$lon" 304998 ~ slgnaturels) on the Instrument the person(s). ~ ~ Notary Put>IIC' C.1~oml. ~ or the entity upon behalf of which the J Los A"gel,el County t . J _ _ _ _My~..~re:.~ ':~t person(s) acted, executed the Instrument. WITN ':=7~~t:;--' SIGNATIJRE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT' DATE OF DOCUMENT NUMBER OF PAGES Though the data requested here is not reqUIred by law. . could pr8Y8nt fraudulent realladlmont of IhlS lorm SI~NER(S) OTHER THAN NAMED ABOVE CAPACITY CLAIMED BY SIGNER '. lhcugh ....... does not roqulro tho NoI8rY 10 fill In the data below. doing so may prove ~ II) pen;ons relying on thlJdocument. ,~INDIVIDUAL o CORPORATE OFFICER(S) Tm.E(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 PERsotl(S) OA ENTJTY(IES) Cl993 NATIONAL NOTARY ASSOCIAll0N. 8236 Remmel Ave.. POBox 7184. C<'I'lO'J!!.o~. C.." ~~303-71Q4 r- , 01 1554028 " 11111111111111'11111'1111'1'111111'1111'111111'1111111111111 LEAD SHEET 1-- - I --Ol~ 1554028 RECORDED/F/LED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 8:04 AM AUG 22 2001 1 I'!OV 1 ~ 109, "'" Of ARCADIA CITY C'-FQK SPACE ABOVE THIS LINE FOR RECORDERS USE . . TITLE(S) ... ...fou~~~~. . ~.5!~. >~ ~~:(D~J 4~ ) ~ FEE FEE 19 V 1 D.T.T. . , DAf $2 . 1; .', - . C-20 5 f~~:: t---- , 19 I , ~___~___l.-_ _ _ ___ , ' I CODE: '9 I f-- -1 I I I I I I I I L__.l___ _ __ _ _ _._ _" Assessor's Identification Number lAIN) To Be Completed By Examiner OR Title Company In Black Ink [Il-----r---i --l--T :--1-- -,--- -': -, -, I I I -- , , ----I I I" ' , ___~___ _______ L _ _ ....___ Number of Parcels Shown -- T' --'r - I , , J _ __~ . . THIS FORM IS NOT TO BE DUPLICATED