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HomeMy WebLinkAboutD-2532 .. ...' 1J1- ~\J.lt>,,, " RECORDING REQUESTED BY AND \. WHEN RECORDED MAIL TO: RECORDEDi6llED IN OFFICIAL RECORDS City Attorney R CORDER'S OFFICE LOS ANGELES COUNTY City of Arcadia CAliFORNIA P. O. Box 60021 2:21 PM JUN 17 1997 FEE S 19 C Arcadia, CA 91066.-6021 DAF $2 "~. ---/ NeFF Code 19 $ /J:, C-20 5 COVENANT AND AGREEMENT REGARDING ACCES~ORY1njlLDING (GUEST HOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, ,. . BETTY B. SHOU ~ STEPHEN SHOt!, Husband and Wife hereinafkr referred to collectively as "Covenantor", hereby declares to be the owners of that certain real property located at 83 West La Sierra Drive in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lot I of Tract No. 15582 in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 350, Page(s) 33 of Maps, in the office ofthe County Recorder of said County. All of which is hereinafter referred to collectively as the "Affected Land" and incorporated as part of this Covenant 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 Guest Housel Accessory Living Quarters on Affected Land as shown on the Site Plan (attached as. Exhibit "A") shall not be altered or expanded in any way, shall not contain kitchen or cooking facilities, shall !lot be used as a separate dwelling unit and . ,I.t ... "". ". shall not be rented. Said Guest House/Accessory LlVlng Quarters'ls for the sole use of members of the family occupying the main building; persons employed by and rendering such services primarily on the property; and/or the temporary use by guests of the family occupying the main building. 2. If this Covenant and Agreement is breached by Covenantor 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, Covenantor or their successors or assigns shdl be-liable for the reasonable attorney's 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 revoke. 3. Covenantor agree to notifY their assigns and successors in interest in Affected Land of their Covenant and Agreemen\.} \, 1 \ (~ 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 ofthe owners of the Benefitted Land, and this Covenant and Agreement shall be binding upon the heirs, successors and assigns of the Covenantor, 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. IN WITNESS WHEREOF, Covenantor have executed this instrument on the date shown opposite their signatures. "COVENANTOR" Dated: 6/1 In ~Sf,yvv Betty B. S ~/~ . Dated: bl'f /~L Stephen Shou "COVENANTEE" Dated: tJ,t1~ ~J William R. Kelly City Manager ~ APPROVED AS TO FORM: 97= 901379 J1ifdillj/~ City Attorney 2 I , , -; 97~ 901379 State of California ) , ) County of LoS Ir,{;6Jb[~S) on~ personally appeared before lie, ~T-- S It7A.1 L6-?' ---5....[ h ~ t+~,{/ l:l f) v.- , personally knoV1l to me lor prov'ild to mo 00 tbe baai. of s..t1slactory ~vidense) to be ~be person(~ whose namer.) is/~ subscribed to tbe witbin instrumeDt and acknowledged to me that he/~ executed the same in bis/hH-/the1r autborized capacity 14eg), and tbat by his/ber/tbeir signaturetsl on tbe instrument the personC'!l), or tbe entity upon behalf of whicb the person(l) acted, executed the instrument. WITNESS my band ilnd official seal. .ff)' YI SHIN LEE ~ - 'Comm. # 1135590 III NOTARY PUBLIC. CALIFORNIA OJ Los Angeles COUnlV - MV Camm. Ex~\ft~ Apnl 26,2001 ... .. Signature \ \. \. \. \ A. "--" - - , , \ " )~ .. \.-. '-( ........----- - 97': 901379 State of California I I County of Lo~ ANf:nl:L-?S > 011 ~ ('1{9) personally appeared before me, ~::z:.. < It-ZiV P,bTT1-~ 1+01/'--. L?r?:: . personally known to me for prln"d to II" Oil the basia of satisfadulJ evitlllllffi to be ~he person l'sl whose name (l\> is/~ subscribed to tbe witbin instrumeDt and aCknowledged to me tbat fle/sbe/~ executed tbe same in -b.i.s/ber/tlleil" autborized capacityties-l. and tbat by his/ber/tbeir signaturet&l on tbe instrument tbe person~l, or tbe entity upon bebalf of wbicb the perSOD l's) acted, executed tbe instrument. WITNESS my band and official seal. Xfj" VI SHIN LEE ~ - .comm./1135590Ul III NOTARY PUBliC. CAliFORNIA Los Angeles COUnlY - My Comm. Expires April 26. ~OO\ ... Signature \ I , ,-,-. "'- \ '. . .: -. I t N Nor 1'0 ~(,~I.~ 7'-&" , ~ <l , , e.. .. I, \II " :J 4 ::! : ~ l- I -II ~ ul :> -! < ~ II '" ... I NlAIN OIlll~I.\..II\l1. r o '" ~ , iii t'I 97':: 901379 g~ W LA ~1e;1t.~.o. OItIVe.. EXHIBIT"A"