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91 504628
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
1 FEE $11 H \
1 4
COVENANT AND AGREEMENT NOT TO USE ROOM
FOR HUMAN OCCUPANCY AND HABITATION
FOR GOOD, VALUABLE AND, ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
JAMES K. WANG AND ELINA Y. CHAO WANG
hereinafter referred to collectively as "Covenantors", hereby
declares to be the owners of that certain real property located at
501 E. Rodell Place in the City of Arcadia, County of Los Angeles,
State of California, legally described as follows:
"
PARCEL 1: The West 100 feet of the South 1
acre of the Southwest quarter of Lot 110 of
the Arcadia Acreage Tract, in the city of
Arcadia, County of Los Angeles, State of
California, as per map recorded in Book 10,
Pagers) 18 of Maps, in the office of the
County Recorder of said County.
\
PARCEL 2: The East 7.17 feet of the West
107.17 feet of the South one acre of the
Southeast one quarter of Lot 110 of the
Arcadia Acreage Tract, in the city of Arcadia,
County of Los Angeles, State of California, as
per map recorded in Book 10, Pagers) 18 of Maps,
in the office of the County Recorder of said
County.
All of which is hereinafter referred to collectively as the
"Affected Land" and is reflected in the attached Plan,1 (Exhibit "A")
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:
l.
Affected
used for
only for
That the "Room" on the first floor of the house on
Land shown on the Plot Plan (Exhibit "A") shall not be
human occupancy and habitation. Said Room is to be used
storage or utility purposes.
"
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' fees of Covenantee, if Covenantee is the
prevailing party. That in addition to other remedies available by
law to the Covenantee to enforce this Covenant and Agreement, if
this Covenant 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.
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
'I- CAUFORNIA
~ ~~T 8 A,M, APR 10 199'
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504628
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OFFICIAL SEAL
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NOTARY PUBUC. CAUF(IUM
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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.
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:
* 1-(C((
('t.' - vJ
Wang
Dated:
12-~fl
El~;?nY
"COVENANTEE"
APPROVED AS TO FORM:
'fr}JI l/ ~
Michael H. Miller
City Attorney
91 504628
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IlLLLJ . ROOM - !1UB.:!fC-r TO
NON. HABITATION
/...IMIT, TO Be
U$EO FOF< $TORAGE.
OR U"'L.IT'(
PUR PO~E ~ ON 1..'(,
EXHIBIT ':4"
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91 504628