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Home My WebLink AboutD-2590 .,-." " 1111111111111111111111111111111111111111111111111111111I1111 LEAD SHEET :1) a~-~o I I JAN 2 1 2002 Ctry 0 I cn! n4RCADf4 ''"L I 01-2320829 . RECORDEDIFILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA ...oa... 12:21 PM DEe 05 2001 I . -- - -- SPACE ABOVE THIS LINE FOR RECORDERS USE . 1fEE-- t{-'b1-~rFl -<;-ter--rq- - f/--'v'C:.) D.T.T. I II ~ I IFEE$ I/.r BBI 7 : [- I CODE I 20 TITLE(S) OA FEE Code 20 $ 4.00 Ii I I I I I ! I I I I i CODE ~ ~~~E I i-I I , ! I L L- Assessor's Identification Number lAIN) To Be Completed By Examiner OR Title Company In Black Ink .' Number of Parcels Shown . [II] . THIS FORM IS NOT TO BE DUPLICATED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorne~ City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 I ---- ------, l ~1 ~~~~?82~ j COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (RECREATION ROOM) FOR GOOD, V ALUAB::'E M'D AIiEQUATE CONSlDERATION, receipt of which is hereby acknowledged, . MICHAEL K. S. YIP AND YlI W. HWANG YIP, Husband and Wife, as Joint Tenants hereinafter referred to collectively as "Covenantors", hereby declare to be the owners ofthat certain real property located at 129 W. La Sierra Drive in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Lot 9 of Trac~ No. 13448, as per Map recorded in Book 269, Page 14 of Maps, in the office of the County Recorder 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 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: I. That the Accessory Building (Recreation Room) on Affected Land, more particularly described in the attached Site Plan (Exhibit "A") incorporated as part of this Covenant and Agreement, shall not be used as accessory living quarters or f,uesthouse, shall not be used as a separate dwelling unit, shall not be equipped with any kitchen facilities, shall not be rented and shall not be altered or expanded from the approved Floor Plan. 1 Ul-2320829 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 may at its sole option, revoke this Covenant and Agreement and/or may revoke any and all approvals for use by Covenantees of the Accessory Building. 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 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 ofthe 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. [SIGNATURES ON NEXT PAGE] 2 01-2320829 IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated: 11<).. '3 , 200 I ~1f;- ~Ff~ Dated: 11-;).3 ,2001 "COVENANTEE" . City of Arcadia Dated: ~\.{6 ,2001 , ~ William R. Kelly City Manager APPROVED AS TO FORM: , ~().~ Step en P. Deitsch City Attorney 3 Ul-2320829 SUBORDINATION AGREEMENT, East West Bank, formerly known as East-West Federal Bank, F.S.B. that certain Deed of Trust recorded Mav 21, 1993 Instrument No_ 93-970096 , Official Records of Los Angeles County said Deed of Trust is and shall be subordinate and inferior to the Covenant and Agreement . (Recreation) Regard~ng Accessorv Building Room for oroperty at 129 W. La Sierra Drive to which this Subordination Agreement is attached_ in Arcadia, CA. Executed this ..27& day of NOv/JA'1/Jpy ,2001, at -ian rfla Tin 0 , California. , being the beneficiary under as East West Bank By: lJ~g' ~rS\: ~ ,..,.... "-< I~: EVP/General Counsel By: y(['lA~ ~ Linda Lam Its: FVP, Loan Service Manager ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF Los fJ-ngeJe5 I\.Jovu-,.,bY ;) 7 ) ) ) ss_ ,2001, before me, NtlnC!j I( "'11m , a Notary Public in and for said state, personally appeared DO~ ILlc:., ~,~::t~f personally known me (rn: proH@Q tg me ell the B!lSi3 of 3ati3ffl~tolj c:vi,kuce) to be the person(.8? whose name(l;1 is/are subscribed to the within instnunent and acknowledged to me that he/sae/-they executed the same in hislher/~eir authorized capacity(~, 'and that by his,/fleF?ta@iF signature~ on the instnunent the person(sf, or the entity upon behalf of which the person(s-) acted, executed the instnunent. On WITNESS my hand and official seal. S,Lh(j P IJ~ ~------~~~~~, " - NANcn,PAAM ' ~:c- Commission II 12lJ.(248 . ~' . Notary Public - Califanla ~ ~ -::- Los Angeles Counly ( - ~ - ~~~~~~ (Seal) CALIFORNIA ALL~PURPOSE ACKNOWLEDGMENT Ul-;::tj~U~~~ Ca ( [for n /a... County of LOS/th[jefes On tJf}v~bW :21,;).co I before me, Date personally appeared L , ~ L~ , Name(s) 01 Slgner(s) ~perSOnallY known to me -OR -0 proved to me on the basIs of satisfactory eVidence to be the person(s) whose name(s) is/are subscnbed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authonzed capaclty(les), 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 State of / ,fJ WITNESS my hand and official seal. ~41 ,~'g-.&;i7tZt-- OPTIONAL Though the Informat/on below 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 e NANCYY_ PHAM _ Commission # 1204248 ~ . '._ Notary Public - California ~ i ~ losAn9=rd ~~ ~:'-~~Exp!resJOn5:~ Description of Attached Document Title or Type of Document: .5 u.hord ;na f,(JY) Ii:J feG-n-l en+ Document Date: Number of Pages' Signer(s) Other Than Named Above' Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name: o Individual o Corporate Officer TItle(s). o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other . Top of thumb here o Individual o Corporate Officer Title(s) o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other. Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing Signer Is Representing. C 1994 Nabonal Notary AssocIation. 8236 Remmel Ave, PO 60)( 71804. Canoga Par\(, CA 91309-7164 Prod No 5907 Reorder Can Toll-Free 1-600-676-{l827 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT Ul-2320829 (lttli-torn:tJL, UJ-S An6 ef e5 /J'(JV - ~~, :JOt) I before me, , . Da:er Name and Tltl Officer (e g, "Jano Doe, Notary Public") personally appeared ---1l1; ~aef k. <;, Y'P tVn'// '(i" h). t-JwafltA. Y-:p , , . V Name(S)~Qner(s) . V ~ o personally known to me - OR - ~oved to me on the basIs of satisfactory evidence to be the person(s) State of County of On ~;;-[;~----f ~-=", NNCYY, I'tIAM 'c- ~ -flf~'-" i ~IilmrNll:;~QIlIL.....: ~ ] ~~5f'Qudr~( .' ~'",~~lL2Xl3 .'--""",!:...~. =--' ~,!!","-"" whose name(s) l6/are subscribed to the within instrument and acknowledged to me that ~/they executed the same in hfsfnerIthelr authorized capacity(ies), and that by lli5IRer/the,r slgnature(s} on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument WITNESS my hand and official seal )t~JJ- OPTIONAL Though the mformatlon below 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 Title or Type of Document. t1JV0l1~"'+ {J/lIJ Ag{PPI!!e?1+ RPffId''j/J(YIpc,'>IJr:J Jj{).i /1,'3 Document Date: Number of Pages' Slgner(s} Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name' Signer's Name- o Individual o Corporate Officer Title(s)' o Partner - 0 Limited 0 General o AttorneY-In-Fact o Trustee o Guardian or Conservator D Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer Title(s}. o Partner - 0 limited 0 General o AttorneY-In-Fact o Trustee o Guardian or Conservator D Other. Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing' Signer Is Representing: 01994 National Notary AssoclatlOll. 6236 Remmel Ave, PO Box 7184. Canoga Pal1l, CA 91309-7184 Proo No 5907 Reorder Call Totl-Free 1.8QO.-B76-6827 'j i \ ! I I \ I I , I I ! I I I I I j I , ~~t 11 "-I S( I I ! t I . . ! \ .. . I . j , . 1 i I I I I , , t I 1 i , . ~ i I I , U ~ -lG,tJIG,UO.<"_" --------._~~_. --.-.--- ,.., (1, I r I ~ I ,; I /tJ ::'0"" I 1 I , I kA1 \.J\)WEW ")<=1 90' }JOT 1D. ~Ie: t '.' \ 1..C\ l;), LA "SJE'KRA De. . . .. (\ EXHIBIT A, I i r ~ VI " ()~ I I I I I j I , i !