HomeMy WebLinkAboutD-2464
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
92 1~O~5~4
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COVENANT AND AGREEMENT REGARDING
3 Sf
STORAGE/RECREATION ROOM
IFEE $11
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FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
Arthur Bing-Chung Ho and Emma Ching-Yee Ho, Husband and Wife
hereinafter referred to collectively as "Covenantors", hereby
declares to be the owners of that certain real property located at
l4l8 S. Holly Avenue in the City of Arcadia, County of Los Angeles,
State of California, legally described as follows:
The Northerly 85 feet measured at right
angles of Lot 48 of Tract No. l0993, in
the City of Arcadia, in the County of
Los Angeles, State of California, as per
map recorded in Book 193, Page(s) 39 and
40 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 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 Cqvenantee's land, which
~s th.e publi'(:i 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 Storage/Recreation Room on Affected Land shown
on the attached Plot Plan (Exhibit A) shall not be used as a
separate dwelling, accessory living quarters/guest house, apartment
or bedroom, shall not be rented and shall not be equipped with any
kitchen facilities.
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 atforneys · '''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, successprs and assigns
of ,the Covenantors, and may be released in writing by the
Covenantee.
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
lOS ANGELES COUNTY
CALIFORNIA lq~1.
J ~:sT 1 P.M.JUL 31 1991
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(General) 92-1404544 ~
STATE OF CALIFORNIA }
COUNTY OF (S/ ~ /lN~&Lz. > SS, ,
On 7 - 7-0 - r"""'" before me, the undersigned, a Notary Public in and for said State,
personally appeared /plph"'l2 ,&'1/'9 t';lW9~ II- EMMA ~/;hA/, 'f1!=F ~ ,
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w
r personally known to me (or proved to me on the basis of satisfactory evidence)
w
~ to be the person ~ whose name.( Adl; subscribed
~ to the within instrument and acknowledged that -r;#r;.y
'. executed the same. /
1 WITNESS my hand and official seal.
, Signature
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OFFICIAL SEAL
PETeR NG
NOTAQY PIl81 I. .. .\LlFORNIA
LOS ANGElES COUNTY '
My c::::r:m. expires AUG 23, 1993
LTC-14
(TIusareaflMofficialnoarialscal)
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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.
II COVENANTORS II
Dated: 7-.2.1::> -I~
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Arthur Bing-Chung Ho
Dated: 7-~- 91..1
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Emma Ching-Ye Ho
II COVENANTEE II
!LtfBAJ/Lj)it~d
William D. Woolard
'Acting ",Ci ty Manager
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APPROVED AS TO FORM:
1J!idJal jJ - )'JzJut:.
Michael H. Miller
City Attorney
92-1404544
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EXHIBIT lIAII
92-1404544
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