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HomeMy WebLinkAboutD-2479 I" ,. , I", ,1 93 725340 RECORDEOJAlfO IN OFFICIAL RECORDS RECORDER'S OFFICE. LOS ANGELES COUNTY CALIFORNIA 1 ~:-r 1 Po" APR 19 1993 I .! RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: city Attorney City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 COVENANT AND AGREEMENT REGARDING ACCESSORY LIVING , (GUEST HOUSE) lFEE$ fIlpb D I QUARTERS t1 FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, ERIC S. P. CHEN AND DZEN-DI CHEN, husband and wife hereinafter referred to collectively as "covenantors", hereby declares to be the owners of that certain real property located at ~l33 S. First Avenue in the City of Arcadia, County of Los Angeles, state of California, legally described as follows: That portion of Lot 6 of the Arcadia Acreage Tract, as per map recorded in Book lO, Page(s) l8 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the southeast corner of said lot; thence westerly along the southerly line of said lot, a distance of 283.94 feet; thence northerly parallel with the easterly line of said lot, a distance of 75.00 feet to the northerly line of the southerly 75.00 feet of said lot; thence easterly along said northerly line, a distance of 283.94 feet to the easterly line of said lot; thence southerly along said easterly line, 'a distance of 75.00 feet to the point of beginning. Except the easterly 30 feet thereof conveyed to the City of Arcadia, for street purposes, by Deed recorded in Book 6202, Page l80, of Deeds. 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 i~ the public street and right-of-way adjacent and contiguous to the Affected Land, and on behalf of and for the benefit of the ,.'~~enefitted Land" which consists of and includes all the public and private land located within 500 feet of the Affected Land, as f9llows: 1. That the Guest House/Accessory Living Quarters on Affected Land shown on the Plot Plan (Exhibit "A") shall not be used as a separate dwelling unit, shall not be rented and shall not be equipped with any kitchen or cooking 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 t~mporary 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' 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. , ~ I 3. Covenantors agree to notify their assigns and successors in interest in Affected Land of their Covenant and Agreement. I I 4. This Covenant and Agreement is for the benefit of the ~ovenantee 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 iand and shall be binding upon the heirs, successors and assigns 6f the Covenantors, and may be released in writing by the Covenantee. I , 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 ~nforce the provisions of this Covenant and Agreement. I 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 dompetent jurisdiction, such decisions shall not affect the ~alidity of the remaining portions of this Covenant and Agreement. , IN WITNESS WHEREOF, Covenantors have executed this instrument the date shown opposite their signatures. I on I I I Dated: "COVENANTORS" .5-/0-r~ ~~ Shirley n, Power of Attorney for Eric S.P. Chen Attorney-in-Fact , I I I I I Dated: I , I 370-'1L-. 1> r ~\' cJ~, Dzen-Di Chen q ~t~. ". " " '. I I , , APPROVED AS TO FORM: I .!~:!d !(,,~ City Attorney I Do ld R. Duck City Manager . . o ~ M ~ ~ I M (j) ,.., N ~ -;; " >i " .. Cl I \ STATE OF CALIFORNIA bOUNTY OF Los Angeles I On March 10, 1993 \ I personally appeared SHIRLEY SUN I \ } ss, 93- 725340 ? before me, Margaret C. Chiu (Notary Name and Title) " E .. E ;, & '-g '! "" '-" :i pkrsonallY known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name{s) idJare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their aLlhorized capacity(leo), and that by his/her/the gnatur (0) on the instrument the person(o), or the entity upon behalf ich the person(s) acted. execut the I ,J.nt. JITNES nd end official oaal.:% OFFICIAL NOTARY SEAL , / ,/ MARGARET C CHIU I I fl..-...-" -" Notary PublIc - California , ~ __/' LOS ANGELES COUNTY Srature . C I My Comm, Exp"es MAR 24,1993 I 1".'-"_":'_1 o__.~ \ STATE OF CALIFORNIA bOUNTY OF Los Angeles I 9n March 10. 1991 i } SS, 93- 725340 before me, M~rg;:lr,:>f" r. rhil1 (Notary Name and Title) I personally appeared I DZEN DI CHEN (AKA DZEN DI WONG) E " E " '" a: ! c '" :i ,il p~rsonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) , is/~e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authoriied capacity(ies), and that by hls/herlth' ne (s) on the instrument the person(s), or the entity upon , behalf of whic e person(s) acted, exec the nf. I WITNESS my han I . \ Signature \ \ MARGARET C. CHIU ~ @",....OFFICIALNOTARYSEAL ;;. . MARGARET C CHIU ; 00. ~ Notary Public - California . '. , ' LOS ANGELES COUNTY '" , My Comm. Expires MAR 24.1993 ,....--..:._10__1\ " , 7":>' -f II."~" 1 ;- " '" o .. 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