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HomeMy WebLinkAboutD-2223 UY' ""'....---. - I I " RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 1;1" :.-..' RECORDED IN OFFICIAL RECORDS RECORDER'S OffiCE LOS ANGELES COONfY CALIFORNIA 1 P.M. MAY n 1985 MIN. PAST. 11 COVENANT AND AGREEMENT PROHIBITING CONVERSION TO COOPERATIVE MULTIPLE DWELLING I FEE $7 '.. I 2 , I FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION in the form of modification of specified zoning restrictions by the City of Arcadia granted by the approval of modification M-84-34, receipt of which is hereby acknowledged, JA-BIN HSU and JOAN INN HSU hereinafter referred to collectively as "Covenantors" , hereby declare they are the owners of that certain real property located at 47-51 Lucille Street in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lots IS and 16 in Block 2 of Tract No. 101 in the City of Arcadia, in the County of Los Angeles, State of California, as per map recorded in Book 13, Page 52 of Maps in the office of the Los Angeles County Recorder. all of which aforedescribed is hereinafter referred to collectively as the "Affected Land" 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: I. That the affected land shall not be converted nor shall any attempt be made to convert the affected land into a "cooperative multiple dwelling" as that term is defined now or by amedments to the Arcadia Municipal Code. Any such attempt or conversion shall render M-84-34 null and void. 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. 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 assignees and successors in interest in Affected Land of their Covenant and Agreement. 4. This Covenant and Agreement is for the benefit of the land of and shall inure to the benefit of the Covenantee and its heirs, successors and assigns and is for the benefit of and shall insure 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. l' " ;~\, " }ss STATE OF CALIFORNIA COUNTY OF L, A , 4- -'2-(, -8'S On State personally appeared TA- (2,iN pAN INN 85 613857 ,., before me, the undersigned, a Notary Public in and for said HSu HoS() o o " " u " to me (or proved to me on the basis of satisfactory eVidence) to be the person ~ tA-Rr-= subscribed to the within instrument ond acknowledged that -n+E '( persollOlly known whose name executed <~~ E 0> " . -~ ~ ( , the same. WITNESS my hand and official seal. Signature S~.Il~d -~ ctuu 'SIMON PoNG- -T5A(1<. )..A?e: Name (Typed or Printed) PR-43 (10) Rev 6-82 c~, -- ... IIOII&-lSAlR LH _-.c._ . ~----,.CIfIIICI. UlI__ ., ~ " &,. O.U. I. (This area for official seal) 'J; 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. 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 show opposite their signatures. "COVENANTORS" Dated: ~A6/gr , I ~b~. ~~\. Ja-Bin H ,Husband Dated: ~. .;JflA^ an Inn Hsu, Wlfe Dated: .s:, c;:'f'-cfJ-- "COVENANTEE" ::'~~~ ~e r e tts Clty Manager APPROVED AS TO FORM: [rJ ~:J {j.rn ~ M~chael H. Miller City Attorney 85 613857 ~ " -2- r .