HomeMy WebLinkAboutD-2434
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL'TO:
City Attorney
city of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
31
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
~l~T 4 P. M. AUG 16 19901
' ,j FEE $11
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COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(GUEST HOUSE)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
Cheng-Yuan Lin and Hui-Min Lin, Husband and wife
hereinafter referred to collectively as "Covenantors", hereby
declares to be the owners of that certain real property located at
52 W. Palm Drive in the City of Arcadia, County of Los Angeles,
State of California, legally described, as follows:
Lot 18 of Tract No. 4870, as per map recorded in
Book 56, Page 24 of Maps, in the office of the
County Recorder of said County.
Except that portion conveyed to Louise B. Gardner,
by Deed recorded in Book 9785, Page 97 of Official
Records, being a strip 9 feet wide, and 355.83 feet
long, situated along the westerly side of said lot.
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 Covenc.ntee'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 ar.d includes all
the public and private land located \ofithin 500 feet of the Affected
Land, as foliows:
1. That the Accessory'Building 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 and
rendering such services primarily on the property; and/or the
temporary use by guests of the family occupying the main building.
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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 tne covenantee to enforce this Covenant and Agreement, if
this Cov~nant and Agreement is breached, the city of Arcadia may
revoke. ,
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 Covsnantors, and may be released in writing by the
Covenantee.
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'On Aug. 2, 1990 . betore me: the undersignlld, a DOtary publio 111 and for ea14
ccnmt7 an4 state, perBo~ appeared CHENG-YUAN LIN AND HUI-MIN LIN**
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~rBonall7 known to me (or proved to me on the basis of aat111taoto17 evidenoe) to be the
~rsoD(s) whose name(e) ie/are subsor1bed to the wit.h:ln 1n1I+,"-_~t ...~ ~:'-..,....l;;;;.c;oQ tw.t
~ci persOD{s) exe~,ted 'the ~... -,--
~ lIlT hand m4 official Ileal
,(Seal)
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. OFF! L SEAL
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NOTARY PUBut ' CALIFORNIA
, LOS ANGELES COUNTY
My Comm, Expires Aug, 29, 1992
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90-1429394
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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" Covenantors have executed this instrument
on the date shown opposi.te their signatures.
"COVENANTORS"
Dated:
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Cheng-Ydan Lin
Dated:
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Hui-Min Lin
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"COVENANTEE"
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City Manager
APPROVED AS TO FORM:
1huU II rrB-
Michael H. Miller
City Attorney
90-1429394
W. PALM PRo
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EXHIBIT "A"
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GUEST HOUSE
@ 52. W. PAt:1M ~A.
.A~CAo'A, CA.
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FL.OOR PL.-AN
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