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HomeMy WebLinkAboutD-2540 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 98- 567173 RECORDEDlF/lED IN L8ECORDER~Fb~t~ERECORDS S ANGELES COUNTY CALIFORNIA 3:21 PM APR 07 1998 \ "" ;~ 1 . , # .. " 16 OAF $2. lC-20 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE) --- NCPF Code 19 I 4~1 $ )2- '. FOR GOOD, VALUABLE AND ADEQUATE CONSlDERA. TION, receipt of which is hereby acknowledged, KENG CHIANG AND LIN-SU CHENG CHIANG, Husband and Wife hereinafter referred to collectively as "Covenantor", hereby declares to be the owners of that certain real property located at 535 W. Le~on Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: The west 71.41 feet of the southerly 234.33 feet of Lot 48 of Tract No. 4869 in the City of Arcadia, in the County of Los Angeles, State of California, as per map recorded in Book 52 Page(s) 13 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 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 Accessory Building/Guest House on Affected Land (Exhibit "A") shall not be altered or expanded in any way, shall not be used as a separate dwelling unit and shall not be rented. Said Guest House/Accessory Living Quarters is 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; that such use shall not exceed a total of thirty (30) days during each calendar year. 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 shall be liable for the reasonable attorney's fees of Covenantee, if Covenantee is the prcvailing paIiy. 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 Agreement. 1 " . v .... J 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 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:~qK .,. \~ Dated:_~\&\ - \ -'1~ "COVENANTEE" Dated: "M~ ~\{ William R. Kelly City Manager APPROVED AS TO FORM: lQ~i~ m~ City Attorney ;"\.1~ ~\)' ~ro- 2 , . .... " f -- 'b ~ I \ . I bUE ~T I-fOU$E 1 - 110'-0" ''''-0'' I I ~ 0 I i-a =:r I , I ~ I ;r ~ I - MAIN I7WE.u..IN~ 1'1'-1.." 7'-/" , I I I I I , b1\.1~ ~~ ~- ~ ~ 'l- ._.-. --- 1""1 ' - 4 ~ 535 W. LE.MoN AVe... EXHIBIT "A" :-. . ~ . . Slate of California } County of T nc;: Ang/31/3C;: On 3/3/1998 before me, DATE YU HS 10 KAO NAME. T11lE OF OFFICER. E.G.. . JANE DOE, NOTARY PUBLIC" personally appeared KENG CHIANG AND LIN-SU CHENG CHIANG NAME(S) OF SIGNER(S) lXkpersonally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/shelthey executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~ _ _ A A _ A _ A _ A _ A A ( ~. YU-HSIO KAO !:: o Comm.1I1046307 C:J a OTAAY PUBLIC - CAUFORNIAG)O III: LOS ANGELES COUNTY j ~ . _ . . ~m~ ~pl~.~ec.4.:9~ t WITNESS my hand and official sea~ ~ U?-' .f / SIGNATURE OF NOTARY - OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES - OPTIONAL SECTION - n CAPACITY CLAIMED BY SIGNER I Though staMa does not require the Notary to fill In the data below, doing so may prove invaluable to persons relying on the document. IiU INDIVIDUAL D CORPORATE OFFICER(s) TITLE(S) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUsTEE(s) D GUARDIAN/CONSERVATOR D OTHER: SImlER IS REPREsamrm: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: DATE OF DOCUMENT Though the data requested here IS not required by law. it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park. CA 91309-7184 .... ....:. ,,' . .. .'. 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