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HomeMy WebLinkAboutD-2464 '. . .:, ~, v > " , 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 L COVENANT AND AGREEMENT REGARDING 3 Sf STORAGE/RECREATION ROOM IFEE $11 I 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 ~l ,,~t~ n " '0 " :::; E ~ E .2 >"e .E ~ ~ , (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 ~ , w " 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 ~ . OFFICIAL SEAL PETeR NG NOTAQY PIl81 I. .. .\LlFORNIA LOS ANGElES COUNTY ' My c::::r:m. expires AUG 23, 1993 LTC-14 (TIusareaflMofficialnoarialscal) l ", . .... .. '.. . v 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~ .~Jo " Arthur Bing-Chung Ho Dated: 7-~- 91..1 ~ ''1 ~~ ~ A/ U-o Emma Ching-Ye Ho II COVENANTEE II !LtfBAJ/Lj)it~d William D. Woolard 'Acting ",Ci ty Manager . I APPROVED AS TO FORM: 1J!idJal jJ - )'JzJut:. Michael H. Miller City Attorney 92-1404544 &'ll,IC:l.,'TINt:=. A>tr-rhr>l:.Ic.n '2-CP.fJ.. (;-.i.n~ Toe.e~, To s~"...~. pee. ~ /). I .~Ttl - - """IST~- pc.;F ,A&6Ja~ ~IST11lcS ~~ ~F'-" , I "- ' I !:>c1!!oiltJc5t ~, DP-l-.le '2 I r---- I ,l I' I I ~""'x=' I -;l- CAP- ~f<T /, 011 e"'sl1~e CL:>tlc. I', Df'<ve Pli. SIlT ~ I .' ;' H o L- , ,,"IP"~' "'-li)G,';'i1tJG ..J,. I!r~.t '~}'~ ~BIE "'- floQl l~ II I I I I I I I j...: I, e~I"'TINGt G>' ~ ~"'."f F6'CB \- y po.. y C. ~ fF'<>,rT' ff-. ni !!e/ h \ ~ . I I I I I I I I I I I ====.l II (< ~ ~ "- ,,"I'a11t1O> ""c;e.~ ~ ~ ,], r; ~, ) ~'511,1a ~ ~"'S111t4 PF-i v'6 flPo1' ).. ~1<;'Tlt!6i f~T 1',;.pp l/)(F.>11tk=1 Sl;CflOtI'L ' DOO~"!. l' G<Jsr'~e. cotlG, ~;)... ec.~r+;; t""'....._n~ 1+16 rlOLI,..'( ~~T1~Go H""''''E ( ':>, f.>el)1<:l::>11 &- IlVt r:.o;H5 '1':500 SF t, I' STof'>( ) elCl'il11lia,- ~t'l "- e,.,s ItoIQ- 81>.'25' .-;J /'EJ>I:l.rt.. EXHIBIT lIAII 92-1404544 ,1 ':lITe. ~~,'