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HomeMy WebLinkAboutD-2605 L E A D S H E E T 02 304a4f2 SPACE ABOVE THIS LINE FOR RECORDERS USE e ~ FE~ . i-'t TITLE(S) 2 ~' ', I S• ~~- 0 >n a 7 lv~~t D.T.T. ~ CODE i I 2U+ ~ CODE 19" j CODE 9 i I I __ I __ Assessor's Identification Number (AIN) To Be Completed By Examiner OR Title Company In Black Ink -T~ - 1 i i i --L,._._ , _ ~ THIS FORM IS NOT TO BE DUPLICATED ~ a6 c}.~ Number of Parcels Shown ~z6o5 RECORDING REQUESTED BY AND ~ 2 ~ 0 4 8 ~ ~ 2 ~ WI-IEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING RECREATION ROOMI FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, CHARLIE KAO CHUNG FENG, an unmarried man hereinafter referred to collectively as "Covenantor", hereby declares to be the owner of that certain real property located at 2431 S. Second Avenue in City ofArcadia, County of Los Angeles, State of California, more particularly described as follows: Lot 3 of Tract No. 9995 in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 138, Page 40 of maps, in the office of the County Recorder of said County, together with the North 25 feet of Lot 4 of said Tract ("Affected Land"). Covenantor hereby agrees and covenants 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 Accessory Building/Recreation Room on Affected Land as shown on the attached Exhibit "A" shall not be used as accessory living quarters, shall not be used as a guest house, shall not be rented, shall not be equipped with any kitchen facilities or appliances and shall not be altered or expanded from the approved Floor Plan as shown on the attached Exhibit "B". i 2. If this Covenant and Agreement is breached by Covenantor 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 action, Covenantor or their successors or assigns shall be liable for the reasonable attorney fees of Covenantee, if Covenantee is the prevailing party. 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 solely at its option, _ ,. may revoke this Covenant and Agreement. 3. Covenantor agrees to notify their beneficiaries, assigns and successors in •, interest in Affected Land of this 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 be binding upon the heirs, successors and assigns of the Covenantor, and may be released in writing by the Covenantee. ~~~ '_ --. `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 forany 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. [SIGNATURES ON NEXT PAGE] O~r 308912 z IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. Dated: ~i •~l , 2002 ~~~- - APPROVED A:S TO -FORM: n ~~~ ` -Stephen P. Deitsch " City. Attorney "COVENANTOR" J~ Charlie Kao Chun~'eng "COVENANTEE" City of Arcadia` , William R. Kelly City Manager 02 3+p984i~ 3 - - ~b-- -- _ ' _..~ __-" ---~ ' ~. N P 4 Z¢ t 4~ -~.~~G~ Q ~ ~ a w i ~'~~~~ ~~~i`~k. > ulm ,~^~ k ~ [- ~ ~ r i n,, Jf ~ ~ ~ w ` it +r x w I 1 S ii `'. j +,q` ~ a ~~~~~~~ ©~~v, a yI~ I y, O I ~1~ -}~ ~ ti WP Y ~ 1 ~i ~ ~ 3 l ~% 0T ( ~ .~ ~ ~~ ~ ~ I ` ~ 4 ~ 9S I i ' ,. S ~ ~[A ~ 1j IL i . ~ WP ~f. d ~ .~'~' ~t(3' ~i}1' Vy ylh.(z ~' (`~IN~ . ~..,, . ~ -'6vf1c~.~ I I ~. ~ ~ oeOA I = I~ ~ ' ^ ~, ~ .K r ~ a i~ . ~ ~ _~ I ,b \. Sol . ~ GnRFE2' it ~ I i~ a I ~ p ~P~PO~ zM EI 5~rn/e4 PKR3.n i I 1 , _ 0.h ~ o ~ - llfl d ONLT m -~ +J ;J ~ , ~ ~ eca, snNZ 1NLY 7k10R TO fl~~. /NQ IcITUL°N.110 '3~ HLU~: CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT State of California ~~` } ss. County of ~i 't~C,p \C./~ J ;~ c~- On 17tH. ~~ o1B©al' before me, ` ~S~C~t~rA~i--.Jc1~C1`R~dr~ , Oahe NamCa-d_Llle of OBicer (e.g., "Jane Oae, Notary Public") personally appeared ~c's0 ~.~V~dA [~V~~. , ~~~ AAARINJ151MON1AN ^ Corrtmisdaf 91218850 Notary F'ubOc - Cr8lfanla lm Angalea CauntY iVlyComm. Firptes MaY9,?~1 s)of Signogs( ^ personally known to me ~,~jproved to me on the basis of satisfactory evidence to be the personO whose nameO isf~re subscribed to the within instrument and acknowledged to me that he/slpe/th@y executed the same in hislh~r/their authorized capacity(ids), and that by his/h)?rlth~ir signature(1) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE my hand and o ~ icia eat. ~ ~ ~ Signawla of Notary Public OPTIONAL Though the information below is not required by taw. it may prove valuable fo persons relying on the document and could prevent fraudulent removal and reattachment o/this form to another document. Description of Attached~D^rocument t ~} n Title or Type of Document: C_._E)J~~tnY ~ 1_ ~n ('Q,Q~AQ~~p f~Ccc?ASof~~! Document Date: ~~ - ~ ~ Q t~ ~ V Number of Pages: S Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual top of (nNR,b nape ^ Corporate officer-Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ®1999 Nafimel Notary Association •93600¢ soto Ave..PO. BOr 2402•Ghatswobh, GA913t3-2402•www.nalionalnorary org Rmtl. NO. 69W Reortlen Call TOlLFree 1.800-0]6682] ~~~~/'jV ~1~~