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HomeMy WebLinkAboutD-2456 '. , ::I~ I::lUO;J:J 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 '. JfEE$~~ ~ COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE) ,'. 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 i , Q'''' OFFICIAL SEAL " ,......, YOLANDA MARTINEZ ! MI'Ji . NOTARY PUBlIC,CAlIFORNIA PRINCIPAL OFFICE IN " ,. LOS ANGElES COUNTY ii ,,"",_ ,,,'""" " "" l\. 1/8C j.) 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/ { , Dated: ~ b4/fl ( "COVENANTEE" APPROVED AS TO FORM: /f}J/ /I ;JlAL Michael H. Miller City Attorney ". I', " ,. ., ,. 92- 190635 \ .:1' 'o;,;/.j-' . ,I:!' 'd3..i.. r) I', r ~~;~/ , \ gj ;' ~ I ! ; ~ .. :; :'. " t I J .. ....---... '1 - 'V\J 'd , .' J . ~---_,_~'-'" < ~, -"1' -- ' . of' ~. 'I' ~ .~. .., :~ "' ,,~ 'y/ ..... r - " V l J r i.' .. "J " ~ .. , ~ - ' , ?" u. J ~ , : I ~ ' ~ , , !O , ~ - J_ C ': < ;:: ~ ::;. ~ ~ 7 ~:.:.:_. ~ ~ .. .. <:) ,., ,~ , '? '.J :! - .... .. ' ::l ';' -l r~ '- , . .... 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'. ~ ---.- - - -- \ RECORDER'S MEMO: POOR RECORD IS DUE TO QUALITY OF ORIGINAL DOCUMENT 92":; 190635 ------ -- -- ../ I , I g ;i IT Jjo'r/' 92= 190635 -- ..v..w -- 5",' -S'," - - 2~~.~r EX~ 16/1 -- "e" , " I I 26'0' .ollTlNt>. -- .....