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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
city of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
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RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CAUFORNlA
4 MIN. 8 AM
PAST. ' ,F'EB 10'1993
USES OF ILLEGALLY ADDED SITTING ROOM
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COVENANT AND AGREEMENT REGARDING RESTRICTED
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FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
HSING-I TSENG AND LI-MING TSENG, Husband and Wife
hereinafter referred to collectively as "Covenantors", hereby
declares to be the owners of that certain real property located at
2206 S. Eighth Avenue in the City of Arcadia, County of Los
Angeles, State of california, legally described as follows:
Lot II of Tract No. l8820, in the City of
Arcadia, in the County of Los Angeles,
state of California, as per map recorded
in Book 568, Pages 42 and 43 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 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 Sitting Room added onto the rear of the house on
the Affected Land shown on the Plot Plan (Exhibit "A") shall not
be used as accessory living quarters, shall not be used as a
separate dwelling unit, shall not be rented and shall not be
equipped with any kitchen or cooking facilities, and shall be
maintained in the configuration shown on the Floor Plan (Exhibit
"B") .
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.
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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. \
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STATE OF CALIFORNIA
, Los Angeles
COUNTY OF
1-26-1993
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93- 253055
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OLD REPUBLIC
TITLE COMPANY
On
personally appeared
Hsihg-I
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before me, the undersigned, a Notary Public in and for said State,
Tsen~and ~l~'n TS~
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personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name is/are
subscribed to be within instrument and acknowledged to me
that he/she/they =led the same in hislher/their authorizro
capacity(ies), and that by hislher/their signature(s) on the in-
Slnlment the per.;on(s), or the entity upoo behalf of which the
person(s) acted. executed the instrument.
WITNESS my hanMi~ se:'L
Signature A"'~
Li. W,q; r.h"....
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z : -'0 Notary Public - California E
, '. LOS ANGELES COUNTY
'" ~". My Comm. Expires DEe 10.1996
(Thl~are.foroflicill notaTl.I5eal)
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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.
"COVENANTORS"
Dated:
1- ~- 1-3
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Dated: /-;yt - '7,
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Li-Ming Tseng
Donald R. Duckw
City Manager
APPROVED AS TO FORM:
/!J.'1iM!i.(llJ11
City Attorney
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