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HomeMy WebLinkAboutD-2445 .-' ~H- :JIJU'/O I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: city Attorney City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 .;~. . \ . .;.': : \".,',. REalRIJB) IN mlCIAllItQIdI REaJRDER'S C)ff=U ;; LOS ANGELE$ OOUHIY .-~, CMJfORNIA 11 MIN. 10 A.M. JUN 181991 PAST. 5 01 UI FEE $13 , I COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, DUK YOON CHANG AND JIN BOCK CHANG, Husband and Wife hereinafter referred to cOllectively as "Covenantors", hereby declares to be the owners of that certain real property located at 541 W. Li ve Oak Avenue in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lot 58 of Tract No. 6641 as per map recorded in Book 126, Page 67 of maps, in the office of the County Recorder of said County. EXCEPT the southerly 16.5 feet of said land conveyed to the City of Arcadia by deed recorded in Bok 19729, Page 388 of Official Records. All of which is hereinafter referred to collectively as the "Affected Land" and is reflected in the attached Location Map (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: 1. That the Guest House/Accessory Living Quarters on Affected Land shown on the Plot 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 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. pm~ ~ute ot Callf'onl1a ',",'llmtT ot ,&$ /f-A/,{bc..~ ) ~ SSe 3 91 913075 . 'CD .3 ;JUt>.lo f ~ '7 I . betore me, the un4era1;nec1, a IIOtarr tubUo :In e.Z1c1 tor met. ccnmtT anc1 state, peraoJl.&l.17 appearecS .J) u {( y 00 ..J c/4'vJ <:. h1J l> tJo c.oG perecn&ll7 knawl1 to ID8 or pronc1 to IIl8 OD the bub of' saUataotolT nic1cmoe to be the person,s) 1dho:le ZlUIll(S> ia/are subsor.lbec1 to the w1t.h:ln iDa~t an4 aokDavledpc1 thAt 8&14 peraoD(e) exeCU'tec1 'the same. \ll'mESS IQ' haD4 an4 .oUic1a1 seal : (Sem.1) .(, " ,.-:> ~...' ~ OE'&'ICIAL SEAL DONALD G, DAVIS : NOTAFlY PUBLIC CAUFORNIA LOS ANGELES COUNTY My Comm, Expire. Sept. 3. 1994 dwAY~ , " 1~ '" 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, ~nd 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: ~ -jO ~ 9/ 4u~ P ."r f/ Dated: 6'-/0 ~7/ ~oc~ "COVENANTEE" APPROVED AS TO FORM: J1)td/ II l)Jffl Michael H. Miller city Attorney " . ( 91 913075 '\. ~ 'It \) '~i ~~ ~-\ t ~ -1''71_~ 4 : :~,.,I~ ",'...~ }l~1il -::\'l\{ Q ;;\ I 1:, ... .. ~- ~ \VI i~ ! ~'-d' ~". Jr;,)WYllI', t"A~ ~ l it: l~' ,,-..' ~ ,n .'~~ . -,- -, " , ,., --- . ~~ I I f -~ IF -- ~ !. " .., ., " t i +--+ ; I i~ '$ if if I ; :. 1;' ( :\-\-! I -tI- I ~ I I I i i -..---+ 10$- I I ~- i \) 1 I _ f ! ! I. ! - -, . - . c' EXHIBIT A 1./'.1!!. ~"......se.Due 541 West Live Oak Avenue 91 913075 \ ' "" " /' \ ~,,!:-~~ ~~.--=--""":;*"'t ;1 , !I ii C i r---l 'I ii \ Hi-I~/11 1A1f-l' :i ,[ , 'I I ,1 ;. " . I ~__._ :. I l . : ~r~ ,~:,,- '-,- ",.~, : I '," t: W.I.C. i: 1-- ,. 4- c-J r- ~ \(" t:!J,,;--, :1 ;. " !' !' , , li b ! j ,(\ I ~I , ' "'I-! , , I I i ;1 ,! -t-<. I ~ I \! ~. (' '" ., , I BATti )<Z"",0 i " I I . , I / i, _/ .l "I. ,,0 - ~-j, h~ /' 11' ~",IO ~ e)(,i OC", LIVING QUARTERS ~~.- :, \ yr l1". fC .r 91 913075 [ r ~, " :: ". . : ~ : n , " , i 1 , I! , I ~ i '1 i ,i I , ! ,I I' i: 'il EXHIBIT B 541 West Live Oak Avenue , , "