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HomeMy WebLinkAboutD-2434 --'1 ! ~O-14293~L1 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 \ - I 4 vl ' , 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. \ 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. {~ nmIVII!1AL ~~ SUt4! ot Cal1tonl1a ~ .. ) ~ SSe Ccnm't7 ot Los Angeles '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** . , , ~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) (' ( , , . OFF! L SEAL , . JA(K (HEll NOTARY PUBut ' CALIFORNIA , LOS ANGELES COUNTY My Comm, Expires Aug, 29, 1992 ~,-" r;?r~ r-! 90-1429394 T~ . ' ~ " . \ _iAt: t A 6 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: f--J--Jo c&t~l Jh Cheng-Ydan Lin Dated: f - ~ - 70 1k~,-,-~ Hui-Min Lin ~:.r "COVENANTEE" dr}!~ City Manager APPROVED AS TO FORM: 1huU II rrB- Michael H. Miller City Attorney 90-1429394 W. PALM PRo \5 co 8 ~1.0' I .. " , " , .. ". '", , t.lEw 2-G7'Of',Y Hou~f. " , <:> . ". ( $' CAr< u,ARA(d: . " -.;, 0 i? z.~ , c;AI?A4-€ i'i . In . , " , .. ..... '" ~ In ,q'.oq " 2.')'.,]" o o it0 No 6cALE S liE. PLAN 52 W. PAL.M DR, o 90-1429394 EXHIBIT "A" . . up (DIAL: 5301/1 1 NORTH, NOT TO SCAr..E ,.lJ _ ~ I I I ' I- I '.1:' I ~ '-) I '-< I ' II -- J II .;!. \.., /1 1- ~ \-i " '" ""\:2.. f;X1OT 'T '" Krr'~~~ ,i'lllW ">~ 1:> Ilf t- ___;..To ,." 11:€>-rvlSD' i " ~'~~ ' " Ii' fl_ ',~, -,~ LIVltJ~ ,,,,_412'-1'1 l. I ! c' l>' ~ 17 rGZll1 " I' ',' " :~~Fr .... 1_0.- i "'I " JI, 'f ,Uf = , i, ,='.' ~:;.:: '. \.) ~ " ' t .;. .' ~ (.', "? ~ " , , ' .-...-------- 1..:p,ll, GUEST HOUSE @ 52. W. PAt:1M ~A. .A~CAo'A, CA. - .,:...::..u FL.OOR PL.-AN EXH-IBrr 1/ B" .q~ 90-1429394 " ,