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Home My WebLink AboutD-2538 ------ -- ,. RECORDE~~~~~~R~g~~~:ECORDS , LOS ANGELES COUNTY CALIFORNIA \ 2:01 PM OCT 27 1997 - . FEE $19 C NCPF Code 19 $-d,t( DAF $2 - --.- C-20 5 RECORDING REQuEsTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (SUNROOM AND BATHROOM) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, PETER H. WU AND AMY SHEN WU, Husband and Wife ",. . "p"., " " ):".' ,.". "'! '. ", hereinafter referred to collectively as "Covenantor", hereby declares to be the owners of that certain real property located at 63 Birchcroft Street in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: That portion of Lot 11 of Tract No. 11119, as per map recorded in Book 195, Page 28 of Maps, in the office of the County Recorder of said County and more particularly described in legal description attached hereto and made a part hereof as Exhibit "A". 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'Munioipal Corporation (hereinafter referred to as the "Covenantee") on behalf of and for tlie behefit 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 Sunroom and Bathroom/Accessory Building on Affected Land as shown on the Site Plan (attached as Exhibit "B") shall not be altered or expanded in any way, shall not contain kitchen or cooking facilities, shall not be used as a separate dwelling unit and shall not be rented. 2. Ifthis 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 shall 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 tile 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 Agreement. 1 v 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 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 j urisdiction, 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:l\~tll ~ -{ \ Dated: <t (2.-1-/57 ? "COVENANTEE" Dated: 19. Inn ~ William R. Kelly City Manager APPROVED AS TO FORM: ~Mi~ /nJI.L City Attorney '. 2 97 1692967 l , '" .. '\. . -3 State of California ) County of ~ ~ , personally knoW1l to me (or proved to lie on tbe basil of satisfactory evidence) to be ~be person(s) whose name(s) is/are subscribed to tbe witbin instrument and aCknowledged to me tbat he/sbe/tbey executed the same in bis/ber/tbeir autborized capacity(ies), and tbat by his/ber/their signature(s) on the instrument tbe person(s), or the entity upon bebalf of wbich the person(s) acted, executed tbe instrument. I WITNESS my band and official seal. Si9natur~/fl~~ 97 1692967 - - - ~_.2t-~ - ~ - . - - "'1 t@J.....:.....STEllAUWAT _ .'. '..... COMM.. 104Q537 ~ i ...... .: Notory Public - CDllfomlo ~ z.., . LOS ANGELES COUNlY I J '" . ." My CDmm. Expires JAN 12. 1999 ~ y - - - - ~ - ~ - - - - - tf. LEGAl DESCRIPTION THE lA",O FlE1=ERREO TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE or CALIFORNIA. ANO IS OESCRI8EO AS FOLLOWS' THAT poRTION OF LOT 11 OF TRACT 11119,lN THE CITY oP ARCADIA, AS PER MAP RECORDED IN BOOI( 19' PAOI! 2t OF MAPS, IN THt OFFICE 01' THE COUNTY REcoRDeR OF SAlO COUNTY, OE15CRIBEO}.ll FOllOWS; cO~lNa~.TTHE lNTERSECTlON Of THE EASTERLY UNE Of LOT 10 OF !lAIO TRACT NO.1\119 WITH THE WUrERL.Y PROLONGATION OF THE NORTHERL.Y UNf! OF BIRCHCRoFT STREET, 80.00 FEF.T WlOE, }.lI SHOWN ON MAP OF TRACT NO. 77619, IN THE CITY OF AACAOIA, AS PER MAP R6CORoeO IN BOOI< 71 I PAGES S4 ANO s5 OF MAPS. RECORD!! OF ILAIO COUNTY; THENCE WE&TERI. Y AlONCl THE WES'rERL Y PROLONCATION OF SAle NORTHERI. Y LINE OF BIRCHCROFT STREeT $OUTH sa .55'4J- WEST 39.09 FEET TO THE BEGINNING OF A T ANOENT CURVE CONCAVE 10 THE NORni AND HAVING A AAnAJ5 OF 170.00 FEE1': THENCE WESTE~L Y ALONG SAID TANGENT CURVe niROUOHA Comw.ANGLE OF t7.CO':Ja- AN ARC CISTANCE OF GO.47 FEET 10 ITS POINT Of REVERse CURVATURE WITH A CVRvt! CONCAVE TO THE SOU'Oi AND HAVING A RADIUS OF 1,OJO.oo fEE1', SAID l..AST MENTIONEO CURVE PASSES THROUGH nil! SOVTHEASTERL V CORNER OF LOT :z OF TRACT NO. 23937, IN n1E CITY Of' ARCADIA, A8 PER MAP RECORDED IN BOOK 621 PAQ!; B~ OF M.YS, IN THE OFFICE'oF.THE COUNTY RECORDER OF SAlC COUNTY; THENCE WESTERL.Y ALONG SAID REVERSE cuRVE THRoUGH A CENTRAl ANCL.E OF 4~3J'2\. AN ARC OlsTANCE OF 11.80 FEET TO A POINT ON THE WESTERl.Y LINE OF THI! EASTERLY71.00 FEeT 01' SAID I.OT11, SAID LAST MENTIONEO POINT BElNO TH! TRue..POINT OF BEGINNIN\O; THENCE NORTHER!. V ALONa ~O WESTeRLY UNf NORn11'C!4'51. WEST 139.24 FEeT TO THE EASTERLY PROLONGATION 01' THE NORTH~1. Y UNE OF SAlO 1.012; THeNCE NORTH a".SS'~3' EAST ALONa &AID EAST~I.Y PROLONGATlON 71,00 FEET TO THe EASTERLY LIN!! OF SAID. LOT. 11; TI1ENCE SOViH 1"04'SI' EAST .ALONG SAlO l.Al5T MfNTlONED EASTERLY UNE 157,80 fEET TO A POINT ON SAID ciJRVf HEREINBEFORE CE5CRIIlEO AS HAVING A RAOluS OF 1.030,00 FEET. A RAOIAL LINE . THROUGH .SAlD LAST MENTIONED POIN. BEARS NORTH l:S~2TScr EAST; THENCE..WES-:ERLY ALONG SAl0 LAST MENTIONED CURVf, THROUGH A CENTRAL ANGUl OF ~.04'SO. AN ARC 013rANc:e OF 7:1.:18 I'EE1 TO THE Tl'lUE POINT OF BEGINNING. EXHIBIT "An 97 1692967 s :> " "- '"' .. "71.0' It_o'' -- V%0 (.'..0" .. " 10 7'_ '!-,. t> bAG:A6>~ : 'Il...tt~ De-vI< :~ I '/, ,~- -f I~/'''O'' ... - I I:) I . I I I I , 11'.10" I, -; .'-0" ~ NlAIIo.l OwlS 1.1..\ N L.. f;,' , I I I I - - , t N Nt>T 1'0 ~(..A\'e. -- -- ~~ ~1~I:.01=T 73.3b' EXHlBlT "B" 97 1692967