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HomeMy WebLinkAboutD-2605
L E A D S H E E T
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SPACE ABOVE THIS LINE FOR RECORDERS USE
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TITLE(S)
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CODE
19" j
CODE
9
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Assessor's Identification Number (AIN)
To Be Completed By Examiner OR Title Company In Black Ink
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THIS FORM IS NOT TO BE DUPLICATED
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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
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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~
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CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT
State of California
~~` } ss.
County of ~i 't~C,p \C./~ J
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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.
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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]
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