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HomeMy WebLinkAboutD-2587 111111111111111111111111111111111111111111111111111111111111 LEAD SHEET ..:110 Sf. rlo....ot.t; 01-1566513 - NOV 1 (l2g~1 I RECORDED/FILED IN OFFICIAL RECORDS I CI1'f OF RECORDER'S OFFICE CITY ARCADIA LOS ANGELES COUNTY r:/fRK CALIFORNIA 8:04 AM AUG 23 2001 - - -- SPACE ABOVE THIS LINE FOR RECORDERS-USE . . FEE - FEE $19 OAF $2 C-20 TITLE(S) 31B e-~r F/c;yrJ I1!iJ7Uf- ; ~rA-OofJ1 I D.T.T. II I I I I j u 5 CODE 20 CODE 19 CODE 9_ I U Assessor's Identification Number lAIN) To Be Completed By Examiner OR Title Company In Black Ink Number of Parcels Shown CIJIEI . [II] . THIS FORM IS NOT TO BE DUPLICATED ~ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 01-1566513 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST ROOM) FOR GOOD, VALUABLE MID ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, JOHN DU AND JULIE DU, 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 318 East Floral Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Lot 9 in Block "C" in Tract 7723 in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 93, Pages 41 and 42 of Maps, in the office of the County Recorder of said County. EXCEPT the South 7.5 feet thereof, conveyed to the City of Arcadia, I for street and alley purposes by deed recorded in Book 4439, Page 303, Official Records. ("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, wI-tich 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 ---- 01 1566513 1. That the Accessory Building (Guest Room) on Affected Land, more particularly described in the attached Exhibit "A" (Floor Plan) shall not be used as accessory living quarters, shall not be used as a separate dwelling unit, shall not be equipped with any kitchen facilities, shall not have divider walls added to separate the spaces, shall not be altered or expanded from the approved Floor Plan and shall not be rented. 2. If this Covenant a!ld 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 pmiy. 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 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 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 ofthe residents oft.'1;;: City of Arcadia and more particularly as the legal representative of all the o\'mers cfthe 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 unconsti1!Itional 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 fJl 1;)btj~13 IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. Dated: 6/6/' ,2001 Dated: {, / ~ . ,2001 Dated: fJ.U ,2001 APPROVED AS TO FORM: ~p~ Stephen P. Deitsch City Attorney "COVENANTORS" ~ John'Du ~Wi,J ~ "COVENANTEE" City of Arcadia lJ1r)uJ~ William R. Kelly City Manager 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 01 1566513 , - State of California County of \m ~"'d~ \Qh } ss. personally appeared JO",,^ ~ A, Q, '~ \-..- \(). r- \J\.o... ~ \. t(V\ "V\\ C'l. Name and Title of Ollicer (e g. "Jane Doe, olary Public') \")'" C\'^~ .J\)"~;" D'-A Name(s) of Slgner(s) On \""." 10 .;)00 \ ,before me, Data" o personally known to me }2f proved to me on the basIs of satisfactory evidence " e llWlINASlMONIAN _ Q....dWwn t 121" NDtay PubIc.. c:.:&.,A. LCII ~ c:a...., MyCarln-___Mart.2ID to be the person(t) whose name(/) ij,/are subscribed to the within Instrument and acknowledged to me that Ve/!j/'Ie/they executed the same in tvS/l}€r/thelr authorized capaclty(i~), and that by ~/t)6r/thelr slgnaturejil on the instrument the person~, or the entity upon behalf of which the person($) acted, executed the Instrument. " " Place Notary Seal Above Signature of Notary Public " .. " OPTIONAL I' Though the mformatlon be/ow IS not reqUired by law, It may prove valuable to persons relymg on the document and could prevent fraudulent removal and reattachment of this form to another document " , , Description of Attached Document Tille or Type of Document r.n \J P~n.".:\- n.)/'d. ~\"'''-",^./I.-\- .Q~ Number of Pages Ar"QS!'.o ('1 &\<b' 4 Document Date h_r,.,-O I Slgner(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name o Ind,v,dual o Corporate Officer - Tille(s) o Partner - 0 limited 0 General o Attorney In Fact o Trustee o Guard.an or Conservator o Other RIGHT THUMBPRINT OF SIGNER TOp of thumb here S.gner Is Represent.ng e 1997 National Notary Association . 9350 De SotoAve PO Box 2402. Chalsworth, CA 91313.2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 lE- ft ---' . NOTICE TH'E PROPOSED ACCESSORY B ILOmG IS NOT PERMITTED TO CONTAI A KITCHEN NOR IS IT PERMITT; TO oE USED AS ACCESSORY L1VI QUARTERS OR A GUEST HOUSE P"" I . \;> irll _ _ 1'~ l' . EXI;jT I-STORY HOUSE TO BE REMODELED in r OJ 21'-11" ft. fl!- ';> "' ft21 1~66513 XIST 2-CA GARAGE (NO V'10RK) 10 ~ :00' ?/~ (~lID\ " I- ) \J1i , IIJ /J " z EXIST ALLEY SITE PLAN_/?'i SCALE. '"=10'-0" ~ 31B C Flora--\ A-= - Exh'lbt 'All ~