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HomeMy WebLinkAboutD-2426 90 948097 RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 31 ~l~T, 10 A.M. MAY 2S 1990 - 'lFEE$/7. ~NJ f 7 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: city Attorney City of Arcadia 240 W. Huntington Drive Arcadia, CA 91006 AND COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, KASUM YU, a married man and YIK DAO YUE, a married man as joint tenants hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that certain real property located at 1206 South Ninth 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" and is reflected in the attached map (Exhibit "B") 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. The Affected Land shall be held and developed as one parcel and no portion thereof shall be voluntarily or involuntarily sold, \ conveyed or assigned separately or legally divided until released in writing by the City of Arcadia. Any'attempt to sell, conveyor assign less thail the entire parcel shall be a nullity and of no effect and the covenantee is hereby authorized to bring an action in a competent court to set aside and have declared null and void such attempted sale, conveyance or assignment. In the event of such legal actions, Covenantors or their successors or assigns shall be liable for the reasonable attorneys' fees of Covenantee. 2. 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. 3. 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. 4. 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. GENERAL ACKNOWLEDGMENT 1 ' , State of Wu< ~ Oorn." -{;; ~f'jes }SS . OFFICIAL SEAL NOEL L. BURCH NOTARY PUBLIC - CAtlFOr<NIA LOS ANGELES 00lINTY !My comm, expires NOV 5, 1993 ~\) --C\\\'b\5\\ r W 71?OOlQ On this the day of , ~ 19'10, before me, fJDtL. L, ~LlrQc t+ "3 the undersigned Notary Pubiic, personally appeared 4<0. - SUM YlA o personally known to me ~roved to me on the baSIS of satisfactory .1'vldence to be the person(s) whose name(s) I~ within instrument, and acknowledged that WITNESS my hand and official seal. 12... ~<tt~ ~ Notary's Ignature NO .J1 subscribed to the executed it. NATlONAl NOTARY ASSOCIAT1QN. 8236 RerTvneI Iwe_' po Box 1184.Canooa Park CA 91:J)4.7184 V A'I'l'OMEY-IN-FACT Ir c.' State of California '," C6unty of lG; ~,QJ.e..s INDIV.LDUAL ) ) SS. ) On ~ 14r1q'lD . before me the undersigned, a notary public in and tor said county a:od state, personaJ.ly appeared ~ -SUI''!\. YIA personally known to me (or proved tQ, me on the basis of satisfactory evidence) to be the person '.;hose name is subscribed to the w::I. instrument, as .the attorney-in-fact of lUld a~knowled.ged to subscribed the name of t....ereto as principal a...ld hisjhar o..-n r.=e 85 atto=ey-in-fac't. - . .... ':< ' ~- OFFICIAL SEAL NOEL L. BURCH NOTARY PUEllC ~ CAlIFOi:rJ1A LOS ANGELES COUNTY !My ccmm. expires NOV 5, 1993 ~ ~/oe ~,,; \ ~ .,.... ". ~ '..--:' ~,. ,. ~' - . . OlITNESS lIlY' hand and official seal (Seal) 90- 948097 7/82 tI , . I )'.... -. " ! '. (J IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" .', Dated: S--If - 9() 4- ;tI- Kasum Yu Dated: 5-/f- 'N 1'~ r' 'y 1-:Z'.L-,~;~~, Yik Dao Yue -- "" --- -/, :.>c -, -~ ""\, l? \<' C "COVENANTEE" ,d?r~d#{ City Manager APPROVED AS TO FORM: J!l~ lC0f0-- City Attorney 90- 948097 , LEGAL DESCRIPTION: EXHIBIT "A" r Lot 2, Tract 25368, in the City of Arcadia, as per map recorded in Book 655, pages 78 and 79 of Maps, in the Office of the County Recorder. PARCEL 2: That portion of Lot 78, Tract 808, in the City of Arcadia, as per map recorded in Book 16, Pages 82 and 83 of Maps, in the Office of the County Recorder. Beginning at the Northeast corner of Lot 2, Tract 25368, as per map recorded in Book 665, Pages 78 and 79 of Maps, records of said County; thence Easterly along the Easterly prolongation of the Northerly line of said Lot 2 to a direct line that extends Southerly from a point in the Easterly prolongation of the Northerly line of Lot 1 of said Tract No. 25368, distant Easterly thereon 14.34 feet from the Northeasterly corner of said Lot 1 to a point in the Easterly prolongation of the southerly line of said Tract No. 25368 distant Easterly along said Easterly prolongation 21.00 feet from the southeast corner of said last mentioned Tract; thence Southerly along said direct line to the Easterly prolongation of the Southerly line of said Lot 2; thence westerly along said last mentioned Easterly prolongation to the Southeast corner of said Lot 2; thence along the Easterly line of said Lot 2 to the point of beginning. PARCEL 3: That portion of Lot 79, Tract 808, in the City of Arcadia, as per map recorded in Book 16, Pages 82 and 83 of Maps, in the Office of the County Recorder. Beginning at the Northeast corner of Lot 2 in Tract 25368, as per map recorded in Book 655, pages 78 and 79 of Maps, Records of said County, thence Easterly along the Easterly prolongation of the Northerly line of said Lot 2 to a direct l~e that extends southerly from a point in the Easterly prolongation of the Northerly line of Lot 1 of said Tract No. 25368, distant Easterly thereon 14.34 feet from the Northeasterly corner of said Lot 1 to a point in the Easterly prolongation of the Southerly line of said Tract No. 25368 distant Easterly along said Easterly prolongation 21.00 feet from the Southeast corner of said last mentioned Tract; thence SQutherly along said direct line to the Easterly prolongation of the Southerly line of said Lot 2; thence Westerly along said last mentioned Easterly pro- longation to the Southeast corner of said Lot 2; thence along the Easterly line of said Lot 2 to,the point of beginning. EXHIBIT "A" 90- 948097 , - '. to: '" 5~ ~ , IO~,O .~ ~ ~ ~..n !::!C'" ~~ '" ~.a' oS '~ MMNOt.-IA LN. 1 1.1 tl ..t . 2,60.1 ~ Cilre -- ~ I': in -- l!? '" ... II"i =~ '1',151 -- ~ ~ . \1\ - - --~ ,~ :.0 (1- o ~ (J' lor; ') ~'" ~l"- \; ~ ~ ~ ~ ~ ~ ~' ~ ~ ~ ~ ~ ~:;:T-- '_ _ I, Q i::\ ~ :z: - z ,.. . ~ ' . .-' ~N ~ ,Ill t" -,"i" II." +t ~ I'l' " o - --f-- -----r III l"'~ ~ ~ 10A.Q9 1Il~ I) l"-\) (4rcJ 3 i ~~ ~ ~ ~~ ~ ~ ~~, .~ lI\ l'" 3D' 14.14 III'. <41 ---- . ~ -<:" ,.,.,.,.,. i'Ai ~t'~J.) . r~ '2 -( ~ -~ ~ . . ~ -'.'.'.'.TIIT I- . CJ ~. ~ .tl~ ~ t"~ r1 <( .... - Z '/~.1t <( . 113.'''' '4rul 2. ~ C'\f 'It _ UJ.J:1_ 1/\ l'" 11\ - ".,+ <( f- Z -J~!!"" "7.~S- ' to.OI ~ ^ ,... L. ot5 ~.- -........ '^ ~. ---- 11; \t\ N . " 0, --- ~ tit " L 01- 8i '4'. : --- 17..27 ,..!.'~ _ _ _ Ll'd~ ~ - C) \.9 li\ '" __ ~_~ -l_..:r', '2 ~ '" t'tJ..l /B I r.~.,I'B/.' ,!1'L.'1:L It" ... ~ \ 1'-'1 ., I '~l.,ll''' , f ---- ----- q ~ 90- 948097 ~~. , REr.O~~~~~'J~ BY f1D::ur{'it',l;::":.L Jr;~ 1l'l3. co. AND WHEN RECORDED ,MAIL 10: . I _____ /"'.;--~ ~ . \t7 /' ' / NAMiI Mr.' Ka-Sum Yu smm 1206 So. 9th Ave. ADOOESS Arcadia. Ca 91006 ON'L SlATE ZIP _. -~_. -_ __ ~~l ~ . o AU. PTN. 1~~No ESCfOW or loan No. -. ---- " Power of Attorney Know All Men by These Presents: Thot ***Yik Dan y.,,,*** 'the undersigned (jointly and severally, If more than One) hereby maka constitute and appoint ***Ka-Sum Yu****** My true and lawful Attorney for me and In my nama place and stead and for my use and benefit. (a) To ask. <leITlClI>:1 sue for, <ecaver, caIect ard recelve each ard ""OJ:'( "'" al maney, _t. aceaunt.1egacy. bequest. "Ielest. dlviderd. amity ard demard (wt;ch row Is or heleafler shaD beCame due. awlrg or _) belangIng to or _ by me. ard to use and toke any IawtU means for It'e rec<1'IOJ:y thereof by legal process ar otherwise, ard to _ ard delver a satlsractlan ar IllIease _, together _ It'e rQht and pawet to C()lllplOlnlse Of oompo.sd 00f cbrn or demcJr(t (b) To _ any ar aD allt'e fl:IIIowIro powers as to IllOI property. any ilIelast _ and/or any t>.Adi'Q thef9on: To cantroct for, puchase, recelve and take possession thereof ard of _e Of tttIe _ to lease It'e o:rne for any !elm or P'-'POSQ Ir<:U:lIrQ leases for busin<ls< <esldence. ard oi and/ar "'nerol develOPment. to seIt excllarge. gent CI camf1V It'e same W;"I or wlthout WOIIOnty; ard to mortgage. _ " trust. ar athetwise encll'nber or hypothecate the some to sectse payment of (] negotiable or non-nagotial:We note a performonce of ony ~tlo.l Of agreement; (e) To exercise any ar aD ot It'e taIIOwi'Q powen as to aD ki'ds ot personal property and goc>dt waes and JT1Ell<:_ et!asen n action and other property i'l possession or In actk;:lrl: To contJOct tor. buy. seI. exchange. transfer and In Of'tf IegoI mQl'V"lel' deal " and wfttl the same and to I'T'lClrtgoga trons1er \r\ tNs1, or othalwlse encumber Of ~ the same 10 secu& payment of (] negotiable Of f'll:)I"H ~tlctlle note Of pertoonance of aN,' obligation ar agreement. (d) To bOrrow money and to _ ard delver nego1IabIe ar ~1allIe notes It'elefor _ CI wlthout secuIty; crd 10 loan maney and racelve negotiable ar noo-nega11able roles _for _ sucI1 secuIty as I<lid Attarrey sI1aI deem proper. (e) To cteaIe. amet'd. sup_ and Ielmlnate any lrust and to ils1ruct and adv1se tl\e trustee of any flu$l _ I am or roov be trustor a bel'etldary; to f9pesent ard VOle stack exercise .tocl< rig'" accept and deal with any dMdenc1 dIstrtlutIon a bonA join " any carporate Ilr1cIncr'Q. reotgCII'izotIo l'T'lefgel. IquIdatlon. consoIdaHon or other octIon and the extension. ~o.,.Isa. converIIor\~. 8l1fl...C&.lI8(lt or torac\osu'Q. sIrQIy ar " COljo.ncllon with others al any carporate stacl<. bonc1 .- debentue ar other IeCUlIy; 10 carnpoI.ro(1 camprarrlse. od).Js\, "'"'" ancl tal\s1y any ObIgatbn secued ar uroecued, awlrg by ar to me and to gNe ar accept any property and/ar money whether ar rot equal to ar less n """'" than It'e anount OWrWng In payment. se11\ement Of sotlsfactlon thereot (I) To transact bu:slneSS 01 orr; kfld or cloSS and 0$ my oct and deed to sign. executa. ockn:Jwledge ond c:Set.oer 0fP( deed. lease. assigrrnent or lease. covenant. h::Ientue /r'ldemr'lty, o",.eel r .&I.,. rnortgaga deed of trust. assI{) ..6 If of mo.lOOwu Of of the benetIc:Iti Interest U'lder deed of trust. extension or renev.d of any 0bIgatbn. SLbOIcIllCltlol. or 'NCtver or pr1OrIty. h)'poll-;;;c!k."n. bottomry. chOrtar~ 011 oIladIrlg. bI of sale. bI. bond. note. whether negotiable or non-negotloble. receipt. evidence of debt. hA or part\oI raIeOse or saflsfoct\On o1lT'lClftgOge. )Jdgrnent and other debt request for portIal or fUI reconveyance of deed or trust and such other n,tn.menb In wrtttro of any klnd Of dosS 0$ may be n9C9$5CIl'V or proper in the PIefl)iSes. Giving and Granting unto my said Attorrey tuI po-. and auIt10rItv to do and perfarm at and fNeIV act and INng wha1saever, __ necessary ar """,0,>_ to be done " and abOut the Pf9II'lses as t~ to aDlntenb and p.opases as I mQhf ar COUd do . persorolv pIeSOOl, tveby ~ aD that my I<lid Attarrey shallawl\Jy do or cause to be done by Wlue al these JlfOS8J11> The powers and auIt10rItv hef9by ca-l4XJI1 my I<lid AttorMv shaI be appIcable to aD real ard personal property ar 1_ _ row owned ar hereafter f9Q\JIf9d by rre and """'f9II8< situate. My said Alton"", Is empowef9d hef9bv fa de_ " sakl A_s _ dllc"'t'<)n the l'me wher\ Il<IP<l"> for and mamet " """"" aNf po-. ......, canfened upon _ Attarrey sI1aII be exetdsed. and It'e c:andItlorf, PlOY"""" ard CO\I8I1ClI1b al any /rotruT'<lnt ar document wtich may be e>o>cu1ed by I<lid AttorMv pusuant I'oemIQ and " It'e CICQIAll1Ion ar dlSpasltIon al real ar personal property. my I<lid Attarrey shaI have """"""" pawet to fix the terms thereof for cash. crecDt and/or property. and tt on credit with a without secu1ty. The I.I'lderslgned. If 0 married person. hereby further outhortzes ard ~ my sold Attorney. os my dtJy outnortzed agent, to join In my behalf. In the execut'<ln al "'" Iro1rument by wtich "'" commurl1V fed property ar any ......" _ row owned ar hel9aftef CICQ.*"<l by mV spouse and myself, or elther of us. is sold. I9OSed. enclSTlbefed. ct conveyed. _ the context 10 --... tl\e masc:\Jne ~ _ tl\e fenTlne ard/a _, and the IirQ.jar ......- _ the pI<roI For the properties located on the following address: 1320 So. Palm Ave. .ilD. San Gabriel.Ca'l)~6\ ~ .6 So. 9th Witness my hand this -HT- day of 8~L"b.a Ave. ,Arcadi . 19~<;a91 . 06 TalWlHI SAar!: ~ e J..lfQRtJb' Cl ty at TaiPei~ . Am~ric~n lnsti Jt~ In ,,^^,'"'' ~r Lvg ul.!(.l~ili'an, Taipei OHice 4, ) ) I ss~ O October 19. 1989 "'" t"- .~-' oed n ore me, '11:>' U,.........Slg . a Notary Public in and for sold State personalty oppeorer1 Yik Dao Vue ----------- ~~?',~ personal~ known to me (or proved to me on the basis of satls1c.ctOfV evidence) to be the person X whose nome 1 S !.IJt)SCrlbed to the within Instrument and acknowledged that ~ ::~~ SpecIal Notary (pL96-8) IIlppolnted And qJlalHled My c~~ SeptAnll>- U. 2882 - 90- 948097 (ThIs area for a1flcIal seo~ T'T'150 ~'l\ .... G"-""V\' G , EXHIBIT "A" 'AIlCEI. 11 ~ Lot 2, Tract 25368, in th~ City of Arcadia, Cqunty of Lo. An9~1~., Stat~ of California. a. per map r~cord~d in 800k 655, Paq~. 78 and 7~ of Map., ih the offlce of th~ County R~cor4~r. PAIICEL 2 I That portion of Lot 78, Tract 808, in the City of Arcadi., County of Lo. An9.1~s, State of California, .s ~r map r~cnrded in &oak 16, 'ave. 8~ and 83 of Ma.... in the of tic.. of th.. County R"corder. d,-- scribed as follows, 8~lftD1nv at th.. North....t corn~r of Lot 2, Tr.~t 25368, a. per ~.. ' recorded 1n &oak 655, P.q~. 78 and 79 of HAp., recurds of ..id county' thence EA.terly .lon9 the EA.terly prolonqati~ of the Nurtherly lin.. of s.1d Lot 2 to a dir~~t line that ..xt..nds Sn~th..rly frOft a point In the &ast..rly prolon9atlon of the Northerly lin~ of Lot I of said Tract 25368, distant Ea,t..rly th~r~on 14.34 f~~t fro~ the Northea.terly corner of said Lot 1 to a point in th.. Easterl~ prolonqation of the Southerly line of .aid Tract 25368 distant Eas~~rly alonq s.id e.ster.y prolon9atlon ?1.00 feet from th~ Southe.st corher of ..Id l..t .~ntlon..d Tract, thence Southerly 410n9 s.id dlr~ct line' to thr E.sterly prolon- gation of the Southerly line of said Lot 2; thence West~rly alnnq .al~ last ..ntloned Easterly prolongation to the So~theast corn..r oC ..Id Lot 2; theee along the easterly line of .aid Lot 2 to the point of b.glnninq. 'AIICEL 31 That port inn of Lot 79, in Tr.ct Woo 808, in t~e City of Arcadia; Cnu~~Y of I~. Anqe1~., State of Callfnrnia. a. ~r ..p r~c ord~d in Rook I., I'a'le 82 and 83 nf Maps, In the of/ic.. oC the count). reco~der of "aid county, describrd .s follows: '('".nninq at Ihe Northeast corner of Lot 2 In Tract 25368, ... per ......' r..corded in Book 655. r.q~. 78 and 79 of Maps, Record. of sald County~ th('nce Easterly alonq the Ea.t..rly.prolon9atjo~ of the Northerly li~e of said Lot 2 to a direct line that extends So~th..rly fro~ a I~i~t in th.. Ea.terly pro:"naal ion of the Northerly I ine of Lot 1 of said Tract No. 25361, diatand E~sterly therf'On 14.34 f....t from the North..asterly c-'rner of said Lot 1 to . point In the e..terly, prolongation of the Southerly lin.. of .41d Tract No. 25368 distant ,Easterly alon9 said Easterly prolonqation 21.00 f~t from th.. Sout~ea.t corner of .ald la.t _nt loned Tract: thence Southerly alonq .aid di.rect lln~ to the EIIsterly vrobn'latlon of the Soutl1crly line of said Lot ~: thence Westerly 41on9 said la~t ~ntloned Easterly prolongation to the Southeast COrner of said Lot 2: thenc.. along th.. East..rly line of .aid Lot 2 to the point of be9innlnq. RECORDER'S MEMO: -CORD IS DUE TO QUAr~~RO~~RIGINAl. DOCUMENT . 90- 948097 ~ v~ t.. n...", v.."", ----------- (Y ,','.'. .... 111!j. -'<(f~~ 1 Ii' 'J< w~i