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HomeMy WebLinkAboutD-2405 ~' , - --_.....-=-- ~ ......-=-~ --- 89 1460167 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 1 ~l~;-. 2 P. M. SEP 111989 lFEE $13 5 S I /, I ..-.I...... COVENANT AND AGREEMENT REGARDING ACCESSORY LIVING QUARTERS FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION recei pt of which is hereby acknowledged, Juen-Sheng Chen, a single man and Hai Chen and Won Chin Chei Chen, Husband and Wife hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain real property located at 1918 South Sixth Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as folluws: That portion of Lot 123 of Arcadia Acreage Tract, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 10 Page 18 of Maps in the office of the County Recorder of Los Angeles County described as follows: Beginning at a point in the Westerly line of said Lot 123, distant Southerly 600 feet from the Northwest corner of said lot; thence Southerly along said Westerly line, 100 feet; thence Easterly parallel with the Northerly line of said lot, a distance of 186.06 feet more or less to the West line of the East 520.00 feet of the West 706.05 feet of said Lot 123; thence North parallel with the West line of said Lot, a distance of 100 feet; thence West parallel with the North line thereof, a distance of 185.05 feet to the point of beginning. All of which aforedescribed is hereinafter referred to collectively as the "Affected Land" hereby agree and covenant wi th the Ci ty 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 benefi t of the "Benefi tted 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 Guest House/Accessory Living Quarters on Affected Land shown on the Site Plan [Exhibit "A") and Floor Plan (Exhibit "B") shall not be used as a separate dwelling unit, shall not be rented and shall not be equipped with any kitchen facilities, said guest house/accessory living quarters is for the sole use of members of the family occupying the main building; persons employed by the main building and rendering such services primarily on the property; and/or the temporary use of guests of the family occupying the main building. 2. If this Covenant and Agreement is breached by Covenantors 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, Covenantors or their successors or assigns shall be liable for the reasonable attorney's fees of Covenantee. That in addition to other remedies available by law to the Covenantee to enforce thi s Covenant and Agreement, if this Covenant and Agreement is breached, the City of Arcadia may revoke. ' J-- 3, Covenantors agree to notify their assignees and successors in interest in Affected Land of their Covenant and Agreement. 4. This Covenant and Agreement is for the benefit of the land 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 run with the land and shall be binding upon the heirs, successors and assigns of the Covenantors, 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 unconsti tutional by the deci sion 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, Covenantors have executed instrument on the date shown opposite their signatures. this "COVENANTORS" Dated: i-r-11fr I ~ 9'~- t;L J n-Sheng n Date: f-f.- (7J1 C:~~~~/4 j/L/~~-c::::6~? ~ ~ Won C~h~7 - -")---if, t/ "COVENANTEE" City of Arcadia Dated: 1-, , r?7 Dated:' 9-s--/?1 APPROVED AS TO FORM: Mio!2l +t/l,e7f'11-- City Attorney 89-1460167 , nmIVTmAL .s.~te of Ca11fonl1a r n t:oun'tf of Los Angeles 'I. ) ) ~ SSe 89-1460167 'Oa. Sept. 1, 1989 . before me~ the undersiE;Ded, a DOtarr pu.bl1o 1D. and tor add cOl:in'tf and. state, personall7 appeared T"Qn-%pnll rhpn . . , personall7 knolm to me (or proved to me on the bAsis of Mt.1staotol"1 e'Vidence) to be the persoDCs) whose JWDeCs) ill/are subsoribed to the w1th1n 1Datnzment and. aoknowledged that aa1d persoDCs) executed the aame. \ll'rN!SS JJ1T haDc1 and. ,off1c1a1 seal :(Seal) i / -I OFf.ICIAL SEAL YU HSIO KAO Notary public-California LOS ANGELES COUNTY , My Comm, Exp OCI. 26, 1990 7/BC "" ~ V.'s:. Los Angeles Is$. STATE OF CALIFORNIA COUNTY OF , " " 0 - Sept: 1, 1989 -- ---- ---- n before me: the undersigned, a Notary Public Ip and for said County and State, personally appeared Cllu Ming Chen personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_whose name_ subscribed to th.!! within In~tr~j'Ilent as the Attorney _in fact of Hai l;llen and Won Cllin Cllei chen and aCknowledged to me that he subscribed the name~of Hai Chen and Won Chin Chei Chen thereto as prlnclpaLs.....and hi" own nameoS-as Attorney-s--In fact. Ii .. ~ ~ c ~ ~ " " ~' J.~ " (~ . <n L, , Signature ~ Yu H~ Kao ITe 035 Rn~ -INVES,uRS'TITLE-COMPANY ---. UU~ FOR NOTARY SEAL OR STAMP 89~1460167 @ OFFICIAL SEAL ,-, YU HSIO KAO . . Notary Public-catilomia .. . LOS ANGELES COUi'l1'f ' , ,,' My Comm, Exp, Oct. 25, 1990 Jll 111 e 8 >>:; .J" . .... 0 '" - -",0 nlO\ ='-~ o '-' ~ ~ .9 ~ t. I i ; !- ,- ! !- 1918 Sixth Avenue u QI) ... >>-. tc.....; 00'" - .."'~ ... ' co u-co , '-' ~ Carport Custom Home 2-story (6758 s.f.) o SIXTH AVENUE EXHIBIT 'A' >> ... ~ u >- .. .. Q ! I I - , ~ ~ - '"3' .3 89~1460167' " <-( '3 ~ . '" - . '. " 1918 SIXTH A VENUE Ul I 01= I. I \II I o :: t , l) . " I ~\.c::/ g,e. 'c::' ~CO"^ -E:' . . --- r -- I -... I I I - - ~ /',..... I , , , , , j ./ ~A"'.u ,i '" L- . UVlNG, ~ .... .' -IJ,' FLOOR PLAN / - ,. I) . ~ ~ . ~ "l ~ . , ~ 1J \ . ~ . ~ . - 89-1460167 EXHIBIT 'B' - - , ~ -