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Home My WebLink AboutD-2495 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Attorney city of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 AND '" . . ,A,V'\JVVV'" ~ "'-l , RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE lOS ANGELES COUNTY CAUFORNIA IlItl4 4 MIN. 8 A M PAST .JUN '1 1994 I.;J . . 4 OJ I FEE $'16 -----I COVENANT AND AGREEMENT REGARDING ACCESSORY LIVING QUARTERS (GUEST HOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, , DAVID OUYANG AND SUSAN OUYANG, Hasband and Wife hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that certain real property located at 1305 Rodeo Road in the City of Arcadia, County of Los Angeles, State of California, more particularly described in the attached Exhibit "A" incorporated as part of this Covenant: All of which aforedescribed 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: 1. That the Guest House/Accessory Living Quarters on Affected Land shown on the site Plan (Exhibit "B") shall not be used as a separate dwelling unit, shall not be rented, and shall not be equipped with any cooking facilities. Said Guest House/Accessory Living Quarters i.s 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 attorney's 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 a?signs a~d 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 ~h~ hairs, successors and assigns of the owners of the Benefitted Land, and this Covenant and Agreement shall be binding upon the heirs, successors and assigns of the Covenantors, and may be released in writing by the Covenantee. ." t ~ I '. State of California ) ) County of LOS ANGELES) 94 1089887 On MAY 3,1994 personally appeared before &e, "CARMEN A FIGUEROA,NOTARY PUBLIC" SUSAN au YANG , personally known to lIIe (or proved to lie on the basil of satisfactory evidence) to be ~he person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their autborized capacitylies), and that by his/ber/their signature Is) on the instrument the person(s), or tbe entity upon bebalf of wbicb the person(s) acted, executed the instrument. I I . . WITNESS my band and official :ll""IIII11""I'''''''''''III''''llIIlIIlillllllll''IIUIIU E1 @ OFFICIAL SEAL ~ g CARMEN A. FIGUEROA~ :: NOTARY PUBLIC-CALIFORNIA: = PRINCIPAL OFFICE IN = :: . - LOS ANGELES COUNTY " ~ My Commission Expires Ma;:h 24 1995 :: ~1I"1I11111111111111111111l/l11/l1/l/l11ll111I'1lI111111111~ Signature , ''-'" -, , \ )' ~.': -- " . . . . . ~- , . . . 7- 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: tj/3/'1y / , Dated: 3;3/91 , " / "COVENANTEE" -~ William R. Kelly Acting City Manager APPROVED AS TO FORM: !!!:!.iH~i~ .i 94 1089887 city Attorney ; .,. -.' ~I'ATE OF CALIFORNIA ) (iOUNTY OF LOS ANGELES )SS. pll~I?-IL ;)~ fC)~i_ beroreme, Juoml GOOI...ER.llAR , u NotIlry J-ublic, persOlwH)' appear~d Jili. V I D U VI( AN (6 personally known to me (or proved to me on the basis of satisfactory evidence) to be the pel"Son(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that hy his/herllheir sigllatllre(s) on the instrument the person(s), or lhe entity upon \ ')ehalf of which the person(s) acted, executed the instrument. aW)TNF-SS my h' Sign,lture "J-- ~ , <:() . ~ l ~ <5 ~ e ~ ~ 94' 1089887 FOR NOTARY STAMP OR SEAL OFFICIAL SEAI..' JUDITH GOOllR1IARVFf NClTNlY PU8lJC. CHJfORllA LOS MGELES COlMY' !If Canm. bIllra Sept 22, 1915 ,4 ~~ ('. . . , . . . ., ~ r . 3 EXHIBIT "A" LOT 57 OF TRACT NO. 10955, IN-THE CITY OF ARCADIA, IN THE OF LOS ANGELES, STATE OF CALIFORNIA, 'AS PER MAP RECORDED 191 PAGES 27 TO 30 INCLUSIVE OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. COUNTY IN BOOK COUNTY EXCEPT THAT PORTION OF SAID LOT 57, LYING WESTERLY OF A ~INE CONCENTRIC WITH AND EASTERLY 15 rEET, MEASURED RADIALLY FROM THE FOLLOWING DESCRIBED LINE: BEGI~NING AT A POINT IN THE SOUTHERLY LINE OF LOT 67 SAID TRACT, DISTANT NORTH 88. 32' 24" EAST 10.71 FEET FROM THE SOUTHWEST CORNER OF SAID LOT SAID POINT BEING IN A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1200 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS SOUTH 89. 39' 49" EAST; THENCE NORTHERLY ALONG SAID CURVE 232.78 FEET; THENCE TANGENT TO SAID CURVE NORTH-10.. 46' 41" WEST 119.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE' SOUTHWEST AND HAVING A RADIUS OF 600 FEET; THENCE NORTrlWESTERLY ALONG SAID CURVE 294.98 FEET; THENCE TANGENT TO SAID CURVE NORTH 38' 56' 48" WEST 408.88 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1000 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 319.00 FEET; THENCE TANGENT TO SAID CURVE NORTH 20. 40' 10" WEST 6 31. 2 0 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 680 FEET; THENCE NORTHERLY ALONG SAID CURVE 232.84 FEET; THENCE TANGENT TO SAID CURVE NORTH I' 03' 03" WEST 228.78 FEET TO A POINT IN THE NORTHERLY LINE OF LOT 36, SAID TRACT SAID POINT BEING DISTANT SOUTH 88. 56' 57" WEST 7.50 FEET FROM THE NORTHEAST CORNER OF SAID LOT. roO ~ ~ o ~ (.Q ~ ~ AS CONDEMNED l'OR FLOGD CONTROL CH_~.NNEL, BY FINAL DECREE OF CONDEMNATION A CERTIFIED COPY OF WHICH WAS RECORDED IN BOOK 56203 PAGE 251, OF OFFICIAL RECORDS. EXHIBIT ~'A" ) ,- , . ~ ~ . " . .f ~J" ~ . t \ , ,. ~ } :.: :"' ., " ~ ;!.- . r ~i ,- " 1089887 - EXHIBIT "B"