HomeMy WebLinkAboutD-2544
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98 2076674
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 NOV 13 1998
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FEE S 16 E
DAF $2 ' .
C-20 4
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COVENANT AND AGPEEMENT REGARDING ACCESSORY BUILDING
(POOL HOUSE) NCPF Code 19 $ IJ-. _.po
FOR GOOD, VALUABLE AND ADEQUATE CONSIDER.1\ TION, receipt of which
is hereby acknowledged,
JAY LAI, a Single Man
hereinafter referred to collectively as "Covenantor", hereby declares to be the owners of that
certain real property located at 465 W. Lemon Avenue in the City of Arcadia, County of Los
Angeles, State of California, legally described as follows:
The west 71.41 feet of Lot 53 of Tract 4869, in the City of
Arcadia, as per map recorded in Book 52 Page 13 of Maps
in the office of the County Recorder of said County.
EXCEPT the Northerly 90 feet thereof.
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 Corppration (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 AffeQted Land, as follows:
I. That the Accessory Building (Pool House) on Affected Land (Exhibit "A")
shall not be used as accessory living quarters, shall not be used as a separate dwelling unit,
shall not be rented and shall not be equipped with any kitchen facilities.
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 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 a!1d successors in interest in Affecterl
Lar.d 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 Covenantor, and may be released in writing by the Covenantee.
1
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:
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Jay ai
Dated:
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"COVENANTEE"
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William R. Kelly
City Manager
APPROVED AS TO FORM:
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Michael H. Miller
City Attorney
2
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98..2.076674
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CALIFORNIA
}
State of
County of. "LOS ANGELES
On
10/12/98
DATE
before me,
HUI LING VON
NAME. TiTlE OF OFFICER. E.G., "JANE DOE, NOTARY PUBLIC'
JAY LAI
personally appeared
NAME(S) OF SIGNER(5)
o personally known to me . OR . ~ 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-
1 e HUI LING VON . r knowledged to me that he/she/they executed
- Commission # 1179239 ~ the same in his/her/their authorized
ri 'Notary PUbI1C-Colifon~a!~ capacity(ies), and that by his/her/their
Los Angeles County '( ) h' h
Mv Comm, EXolres Arx 10, 2002 signature s , on t e Instrument t e person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
~'/1 r
(~
IGNATURE Of NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
~
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
~NDIVIDUAL h
o CORPORATE OFFICER(S) J
TITLE{S)
o PARTNER(S) 0 LIMiTED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDiAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
NUMBER OF PAGES
DATE OF DOCUMENT
Though the data requested here is not required by Jaw,
it could prevent fraudulent reattachment 01 this form. SIGNER(S) OTHER THAN NAMED ABOVE
_.~.-----:-:-...------.-.:- ~-:- -
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=1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park. CA 91309.7184
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EXHIBIT "A"
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98-2076674