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HomeMy WebLinkAboutD-2510 /' , 95-124B692 - I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 RECORDEDIFILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 8:04 AM AUG 01 1995 NCPFCode19 $ /.1," IFEE$1t 4 YI COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (Addition to Main Dwelling) FOR GOOD, VALUABLE AND ADEQUA TE CONSIDERATION, receipt of which is hereby acknowledged, KONG MING HO aka MINGO HO AND JUNE PI YUN HUNG, Husband and Wife hereinafter referred to collectively as "Covenantors", hereqy declares to be the owners of that certain real property located at 110 E. Longden Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: The Westerly 64 feet of Lot 6 of Tract No. 9173, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 121, Page 88 of maps, in the office of the County Recorder of said County. All of which is hereinafter referred to collectively as the "Affected Land" and incorporated as part of this Covemmt and Agreement 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 addition to the main dwelling on Affected Land shown on the Site Plan (attached as Exhibit "A") shall not be used as a separate dwelling unit, accessory living quarters/guest house, apartment or bedroom, shall not be rented and shall not be equipped with any kitchen or cooking facilities. For purposes of this Covenant, Accessory Building shall be that portion of the premises at 110 E. Longden A venue as set forth on Exhibit "A" and which is comprised of all rooms and facilities attached to the rear of the existing main dwelling adjacent to the library room and garage. 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's fees of Covenantee, if Covemmtee 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 revoke. 3. Covenantors agree to notify their assigns and successors in interest in Affected Land of their Covenant and Agreement. 1 r~ " . . State of Cali fornh ) County of /..IJS' /fNoe&::J ~ On :Jf77/-Jt.{rvE'(CJy.r before lie, ?u;kc--rllrtll Lcr pe~9onally ~ppearad kOM.7 -1I11..-c, /10 ;/?to JlIIV€ pi YIJ III I.trAtv<; /Vcvi9-,Ry )Jt1.!t/C- , , personally knom to me lor proved to lie on tbe basil of satisfactory evidence) to be ~be person!s) whose name!s) JHr.(are subscribed to tbe witbin instrument and acknowledged to lie tbat he/sbe/tbey executed tbe same in bis/ber/tbeir autborized capacity!ies). and tbat by hi./b~r/tbeir signature!s) on tbe instrument tbe person!s), or tbe entity upon bebalf of wbicb the person!s) acted, executed tbe instrument. WITNESS my ------ 95 1248692 r - -.- - - ~~E~H::~ - - ~f - @ COMM. .,03,293 I i .'a Notary PublIc - Calilomla _ , ' LOS ANGELES cOUNlY L ~ ~ _~c~~.~es:U~~.l~j i " y 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 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 Cownant 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. IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated: '?-Jl - b . J-i- -~..t1i W\I\~ ~ Uo Kong ing Ho a Mingo Ho Dated: ).g - b - 9.(; fiA1'U- Ii f~ ~J","" ~ J e Pi Yun ng / U "COVENANTEE" . 'UL10 ~ Dated: . William R. Kelly City Manager APPROVED AS TO FORM: 1tl~II; m1i-- Michael H. Miller City Attorney . ! i) 2 95 1248692 ,a b , S: b ~ \,., ~ I I f------ I I i , , I I I. I I ~f ; ~ I ~ I 1J' .. " . ':.f....~ ';",'. " :-'': .~ . . . . . : ~~ ... .. .. ... + .... 1 ~ . . . . . . . . . -- 0.75' v ~ 3: L.J > 02 o .. . , ... ... ... ... " . . . . . . . ., '. . ... .. ....... ... . . . .. + + + . + . . . . .. . l_~~ . + . . . + + . EXIST'G DWELLING 1ST. FLOOR 1700 son. 2ND, FLOOR 650 SOH t 1.50' ,7~~--' .. 0.50' '7---'" - 0.50' V"''--- ..,_~~2:..... EXIST'G GARAGE W / LAUNDRY ROOM All 30.FT. 0.25' ,-"- 6'~( ::t :::::':::::::::::::::- + .1... ... ... + .. '" .... ... U'~ -.- ~_.._--;t"~-~... . .. ... ... ... ... I +- \1~-'; ... ... ... ~---;r-+"" . + . . . . . . . . . . + . + . . . . . . . . ... ... ... ... ... . . . . ... .. .... ". ... ... . v '" ... + . . . . . . . . . .. . .. . - . . " . . + . . . . - . . - . . . . . . . . . . + + . . . . . + , . . + ... ... '" .. ... ..... - , . .g5 1248692 . . . . + - +-... ... ... ... ... .. ..... .. , . . + + . + + . . . - . . . - . ......................+...++1 ~--:!:_,_..;:__..".L ___"-_.!. --.11 ,; _---"...__+_--'-_.. ...!......_~..,__'-I __..... __ ,_, EXHIBIT "':'A" ','