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90- 255306
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
4 MIN. 8 A.M.FEB 15 1990
PAST,
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COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(GUEST HOUSE) -
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
Frank Cheung and S'.lsanna Cheung
hereinafter referred to collectively as "Covenantors", hereby
declares to be the owners of that certain real property located at
2820 South Baldwin Avenue in the City of Arcadia, County of Los
Angeles, State of California, legally described in the attached
Exhibit "A" incorporated as part of this Covenant.
All of which is hereinafter referred to collectively as the
"Affected Land" 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 al1
the public and private land located within 500 feet of the Affected
Land, as follows:
,
1. That the Accessory Building on Affected Land shown on the
Plot Plan (Exhibit "B")'and Floor Plan (Exhibit "C") shall not be
used as a separate dwelling unit, shall not be used as accessory
living quarters, shall not be rented and shall not be equipped with
any kitchen facilities.
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 attorneys I fees of Covenantee, if Covenantee is the
prevailing party. That in addition to other remedies available by
law to thp. Cevenantee to enforce this Covenant and Agreement, if
this Covenant and Agreement is breached, the City of Arcadia may
revoke.
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3. Covenantors 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 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 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.
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nmIVnl1AL
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fII~'" ot Cal1to%'D1a
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~ty ot Los Angeles
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coUnty am1 state,
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1 qqn . betore me, the unc:ters1gn8c1, a DOtlu7 publio 1n anc1 tor 1I41c1
personall7 appearec1 *Frank Cheunq & Susanna Cheung*
personall7 ImowD to me (or provec1 to me on the basis ot aat.1l1tacto17 ev.\,c10n0e) to be the
person(s) 1oIho1le _(II) '1iI/are wbsor1bec1 to the within 1I1etnlment ADd aokDovlec1pc1 that
1I41c1 person(s) executec1 the aame. ---.
\i.l'!NESS Jllf baI1ci lID4o!ncial Ileal
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OFFICIAL SEAL
MARY QUAN
Nolary Publio-Califomla
LOS ANGELES COUNTY
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:(Seal)
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My Comm, Exp, Jan, 31,1992
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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, Covenantors have executed this instrument
on the date shown opposite their signatures.
"COVENANTORS"
Dated:
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F nk Cheung C/
Dated:
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Susanna Cheung
"COVENANTEE"
APPROVED AS TO FORM:
fJ1dd.~!!!~
city Attorney
90- 255306
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EXHIBIT "A"
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THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF LOS ANGELES AND IS DESCRIBED AS FOLLOWS:
LOT 59 OF TRACT NO. 6641, IN THE CITY OF ARCADIA, IN THE COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
126, PAGE 67 OF MAPS, IN THE OFFICE OF THE COUNT~ RECORDER OF
SAID COUNTY.
EXCEPT THAT PORTION OF LOT 59, INCLUDED WITHIN THE FOLLOWING
DESCRIBED LINES;
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE
WESTERLY 20.5 FEET OF LOT 62, OF SAID TRACT, WITH THE NORTHERLY
LINE OF THE SOUTHERLY 17.00 FEET OF SAID LOT 62, THENCE EASTERLY
ALONG SAID NORTHERLY LINE TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHEASTERLY HAVING A RAj)JUS OF 15.00. FEET ,_SAID CURVE
BEING TANGENT NORTHERLY TO SAID EASTERLY LINE, SAID BEGINNING OF
TANGENT CURVE BEING THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION, THENCE NORTHWESTERLY ALONG SAID CURVE TO SAID
EASTERLY LINE, THEIJCE NORTHERLY ALONG SAID EASTERLY LINE A DISTANCE OF
177.5 FEET; THENCE NORTHERLY IN A DIRECT LINE TO THE POINT OF
INTERSECTION OF THE EASTERLY LINE OF THE WESTERLY 17.00 FEET OF SAID
LOT 59, OF SAID TRACT WITH A LINE DRAWN AT RIGHT ANGLES THROUGH A POINT
IN THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID WESTERLY
20.5 FEET OF SAID LOT 62, AND DISTANT NORTHERLY ALONG SAID LINE AND
PROLONGATION 300.00 FEET FROM THE NORTHERLY TERMINUS OF SAID CURVE,
THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID WESTERLY 17.00 FEET OF
SAID LOT 59, TO THE NORTHERLY LINE OF SAID LOT 59, THENCE WESTERLY
ALONG SAID NORTHERLY LINE OF SAID LOT 59, TO THE WESTERLY LINE OF SAID
LOT 59, THENCE SOUTHERLY ALONG THE WESTERLY LINES OF LOTS 59, 60, 61
AND 62 TO THE SOUTHWEST CORNER OF SAID LOT 62, THENCE EASTERLY ALONG
THE SOUTHERLY LINE OF SAID LOT 62, TO THE PROLONGATION OF A RADIAL LINE
OF SAID CURVE WHICH PASSES THROUGH THE TRUE POINT OF BEGINNING.
EXHIBIT "A"
90- 255306
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2820 South Baldwin Ave.
EXHIBIT "B" PLOT PLAN EX~IBlT "B"
90- 25536-'
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.EXWBJT "C"
2820 South Baldwin Ave.
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FLOOR PLAN
EXHIBIT "e"