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HomeMy WebLinkAboutD-2456
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA -+
1 ~~T. 4 P.M. FEB 4 1992
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COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(GUEST HOUSE)
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FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
TERRENCE L. FONG AND DONNA L. FONG, Husband and Wife
hereinafter referred to collectively as "Covenantors", hereby
declares to be the owners of that certain real property located at
620 West Longden Avenue in the city of Arcadia, County of Los
Angeles, State of California, legally described as follows:
Lot 10 and the Easterly 13 feet of Lot 11 of
Tract No. 8962, as per map recorded in Book
l21, Page 83 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 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:
l. That the Guest House/Accessory Living Quarters on Affected
Land shown on the site Plan 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 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.
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.
INIlIVIT11AL
;'StAte ot Cal1tOnl1a~ )
. ~ )SS.
'< CoimtJ of.,:;.-- )/J-d' )
. OIl' ~ / Jf /97'1 . betore 1IIe~ the unc1era1gl1ed, a DOtarr publio 1D and tor aa14
countJ ~ ta:~, perllonallT appeared -t""e/l/2t<',<.)C(' ~ h~; &1JL '-DJ/IlAJI!-:k:
pereo known to me 01' p:oov.eLL:t.a..IIIe-on-the-ba"a1I1-ct aat.1:atactory-n1d.uno1\. to be the
."pereon(e) lIholle DlIIIIe(II) Ji8/are subaor1bed to the 1d.th1n iDatn=ent aD4 aokDoviedpd that
) .,aa14 person(e) exeC'llted the NIIlG. .-'
, '
llI'l!NESS D1T band aD4 otf1c1al seal
,(Sea1)
32- 190635
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Q'''' OFFICIAL SEAL
" ,......, YOLANDA MARTINEZ
! MI'Ji . NOTARY PUBlIC,CAlIFORNIA
PRINCIPAL OFFICE IN
" ,. LOS ANGElES COUNTY
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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 opposite their signatures.
Dated: 1) /4-! 1/
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Dated: ~ b4/fl
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"COVENANTEE"
APPROVED AS TO FORM:
/f}J/ /I ;JlAL
Michael H. Miller
City Attorney
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92- 190635
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RECORDER'S MEMO:
POOR RECORD IS DUE TO
QUALITY OF ORIGINAL DOCUMENT
92":; 190635
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