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HomeMy WebLinkAboutD-2544 -..".'-.... ,,.- 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 '. FEE S 16 E DAF $2 ' . C-20 4 . 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: (()/rzH9J . I ( .~' o ' Jay ai Dated: \DI~~ "COVENANTEE" ~ William R. Kelly City Manager APPROVED AS TO FORM: .~ f /!l~ Michael H. Miller City Attorney 2 l 98..2.076674 ..' .. 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 _.~.-----:-:-...------.-.:- ~-:- - -.--.. - . .--_.--- . , =1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park. CA 91309.7184 ':.::': '::.:-. " " " " . . . . . ....:... ......:... .' " . " '. ..... .' '. .. .'. '. ........ . ..... , " ..... . ',' .. .... , " . .., .'. . 98_ 2,076674 1 JQr"'lO o"...,-E . . ""7' "- ~ q " ~ ~ [ ~ :t. ~ oJ -pD OL 1-\().lSE: W ,S.-,L , .:J' , -< "lC:-,L I i l-- )-- ~ , ' t) ~ I ~- r~ , i N\ Itll\llYIJ\J fLU N l:t I ~ '-0 " \) , , ,1- 1>-'~ II /---: ' I ::t " (\;, " 'I :1' ~ , '. , iii " t . ~ , , ,", ~", ,', .. .... .. ..". EXHIBIT "A" Lj~5 w. Letv\.oN 98-2076674