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HomeMy WebLinkAboutD-2548 l. T .' ".... (l/ '= 99 0417426 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 (RECREA nON ROOM) FOR GOOD, VALUABLEi\ND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, CHENG CHUNG HUANG AND HSUEH KUEI HUANG, Husband and Wife hereinafter referred to collectively as "Covenantors" hereby declares to be the owners of that certain real property located at 2326 Florence Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lot 9 of Tract No.2 I924, in the County of Los Angeles, State of California, as per map recorded in Book 594 Pages 73 and 74 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: 1. That the Accessory Building (Recreation Room) on Affected Land (attached as Exhibit "A" and incorporated as part of this Covenant) shall not be used as accessory living quarters, shall not be rented, shall not be equipped with any kitchen facilities and shall not be altered or expanded in any way. 1 ,', f 99 0417426 ~') 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 and successors in interest in Affected Land of their Covenant and Agreement. 4. This Covenant and Agreement is for the lJenefit 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 ofthis 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. III III III 2 99 0417426 i " IN WITNESS WHEREOF, Covenantor have executed this instrument on the date shown opposite their signatures. "COVENANTOR" Dated: ~ - 10 - / 'I r ? . /10~~.(?J~eE~, Cheng hung Hu g Dated: -? d 0 - ( 'T 1 r ~d f;-p '- d~ sueh Kuei Huang' "COVENANTEE" Dated: I.Hti"1 _lUrJlk14 William R. Kelly City Manager APPROVED AS TO FORM: 1~ Michael . Mi ler City Attorney 3 .' I r, 7 J X VlA.tl+ A. 132-0 ~'~LQ. /Jr\JL gD.O I __J il'1aAtt 1)WJli~ EXHIBIT "A" 99 0417426 1\ o+-..JCJ SLa-Le '--Y ~ - ,\ '" '\. v'l\V~J't--Je.\lJ~ \,. 'K..e.L Ko1S\'Q. ~ 8'-0 " - 1'::1-':6." x 24'-[:)' k-~~ . ~L-~41 ~~ ~ ,-C) ~ tI1t.9 <i,- I'J 0 ~f,'\. ,r"'IA\JLII~eA ,\.., '):;...Lf:pt''f 18i () r\ "- "- ,~ ~ lJ) - I'" ~ I' 99 0417426 o CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~ ~~....e<'..e<'..e<'...e<"~...e<"~~...e<'....e<'...e<'...e<'...e<'...e<'...e<'--e<'..e<'.e<'..e<'..e<'...e<'...e<'...e<'~..e<'...e<'...e<'...e<'..e<"..e<'...e<"..ec (l': State of California County of )D.,,4 "'5' I.. S } ss. I I On /YJ"rdr ";, /~f' '7 ,before me, ..An'", fl. /9 /~~"", ~l'''ry /'76//<.-, Date Name and nUe o(Ofl1cer (e g., . Jane 000. Notary Public") personally appeared /..J S'vpA ~e; h(",,.,., Name(s) of SlQner(s) o personally known to me o proved to me on the basis of satisfactory evidence If.- ~"~;; AC;~~;~ "; COMM t1207391 .. : NOTARY PIJBUCoCALII'OR! .. LOS ANGELES couNT\' If ~. My ~~. expire. Jen, 13,2003 to be the person(Soj' whose name(B) is/a\'e subscribed to the within instrument and acknowledged to me that helshe/tl>eY executed the same in hjsIher/tt}l!ir authorized capacity(i~, and that by tlis/her/tttelf signature(~ on the instrument the person~), or the entity upon behalf of which the person(s) acted, executed the instrument. I I WITNESS my hand and official s~ 9~-<--1J~ Signature of Notary U Ie Place Notary Seal Above OPTIONAL Though the information below is not required by Jaw, it may prove valuable to persons relying on the document and courd prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or. Type of Doc,ument: c'vv, n" /1 r ~ B~,,//;,;'''j /" .KJ€' ,.;tt:t 7-0'7" 12,.. d Document Dale: /l7PreA 't.J/I"~~ Ai!~f':>'S::r()#')/ ~ Number of Pages: Signer(s) OtherThlln Named Above: Ch"', ch",,/ ,L)....",,, 'Y Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Tille(s): o Partner - 0 Lirnited 0 General o Attorney in Fact o Trustee o Guardian or COIlservator Ed Other: s;. I ,,? TOp of thumb here Signer Is Representing: f,lr '" C 1997 National Notary As$OClallOn' 9350 De Solo Ave., P.O. Box 2402' Chatsworth. CA 91313-2402 :;,: Prod. No. 5907 Rooraer: Cen Toll-Free 1-6OO-e76-6827 State of c'v/q<;'y,n.";' County of .,t..., A-,<, ,,/.. 5 } 99 0417426 On/l1"'r'<AIP,I"~ before me, .../"/?Y" D. A/,;r?...../, ~"'y~/.'- DATE NAME. TITLE OF OFFICER. E.G., "JANE DOE. NOTARY PUBLIC. personally appeared Ch e I'l'] c'Aul'l"j :6ltL-v/?'7 NAME(S) OF SIGNER(S) o personally known to me - OR -IB-proved to me on the basis of satisfactory evidence to be the person(~ whose namets) is/ate" subscribed to the within instrument and ac. knowledged to me that he/sIie/tl1l!5' executed the same in his/I:re'r/tl}eir authorized capacity(i~), and that by his/,bler/ttfflTr signature(won the instrument the person~ or the entity upon behalf of which the person(sf"acted, executed the instnument. ~ A A .. . .........~ j'. JUNE 0 ALFORD I ;i; COMM, '12073D' ;g a:: NOTARY PUEJUC.CAUFORNJA~ .. LOS ANGELES COUNTY .:. ll. ~ ~I~.~n. Exp~re~ ~~.1.3,,~ I~ WITNESS my hand and official seal. . ~~ k~ AllY / OPTIONAL S TlON THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reanachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though s18Ma does not require the Notary to liII in the data below, doing so may prove invaluable to persons relying on the document. o INDIVIDUAL o CORPORATE OFFICER(S) 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) ,5";/r ....----:----;--.-;---.~ - . .--.-..- , , C1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave.. P.O. Box 7184' Canoga Park, CA 91309-7184 ....... .... . ........ .... ...... . ....... " ..... . " '. . .' .., .. '.. '" . .... ',' ':,' '.:- ';', ,. . , ,),.-' ,. .,,,( '\ . 99 0417426 .. - RECORDEDIFILED IN OFFICIAL RECORD RECORDER'S OFFICE S LOS ANGELES COUNlY CALIFORNIA 12:41 PM MAR 12 1999 / / SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE TITLE(S) FEE N/A N/A 0 20 9_ 19 04 CODE - REC, NO, NO PCOR DA SURVEV ':'~I '~-I tFEE PAGES TITLES fEE MON, ,~v 1 ( 0 f.V 0 i:' 19--1 , NON CONF, ~- EXAMINER S INT, I pi Assessor s Identification Number (AIN) To Be Completed By Examiner Or Title Company In Black Ink Number of Parcels Shown [_- _CD ITJ! j - : LCL_~.=rTl . . Revision Numbor