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7-22-13 Acc Dwelling Covenant
AThis page is part of your document-DO NOT DISCARD ,� 20130881533 d�"4� IV�WI�VI�M�IIV�IVImI �II��MN '�; k„.1 ",1 c'411,010" 06/13/13 AT 09:14AM FEES: 33.00 TAXES: 0.00 PAID: 33.00 111111 1111111 III1II I IIIllI IJllI1 II IIIJII Ill IIIIII III IIIIII 11111111111111111 LEADS HEET 111111111111 11111 11111 11111111111111111111 IIll 1111111111 201306130010005 00007859825 1111111 11111 III!!ItIiI iIIIilIiI till IIIiIItIItIIIi SEQ: iiIIiiIi 1111 11111 tIll!111111 llI liIlliIIlii 11111 hIll hIIIIliIt III 111111 ItIll 11111 11111 lIlt Ill! - 11111 YAIWA111IB6YAA01BII111E1111 FR. THIS FORM u NOT .oaEDUPLICATED � 061211101 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 COVENANT AND AGREEMENT REGARDING ACCESSORY DWELLING AT 450 WEST LONGDEN AVENUE FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, HANK Z. LU AND PHYLLIS Y. LU, CO- TRUSTEES OF THE HANK Z. LU AND PHYLLIS Y. LU FAMILY TRUST DATED NOVEMBER 8, 2010 hereinafter referred to as "Covenantors", hereby declare to be the owners of that certain real property located at 450 West Longden Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: The West 11 feet of Lot 2 of Tract No. 9387 as per Map recorded in Book 125, Page(s)65 of Maps, in the Office of the County Recorder of said County, and all of Lot 1 of said Tract, Except that portion of 1 described as follows: Beginning at the Northwest corner of said Lot 1; Thence East along the North Line of said Lot 80 feet; Thence South parallel with the West line of said Lot 104 feet; Thence West parallel with the North line of said Lot, 17.5 feet; Thence South parallel with the West line of said Lot, 149.56 feet; Thence West parallel with the North line of said Lot 62.56 feet to the West line of said Lot; Thence North along the West line of said Lot, 253.56 feet to the point of beginning. 1 Covenantors 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 Accessory Dwelling Unit shown on Exhibit"A"shall not be altered or expanded from the approved Floor Plan shown on Exhibit "B" and shall not be sold independently of the main dwelling unit and parcel. 2. If this Covenant and Agreement is breached by Covenantor or 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 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. Covenantors agree to notify their assigns and 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 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 Covenantors, 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 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. 2 IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown opposite their signature. "COVENA TO- . Dated: 6 71 / , 2013 -440/ Hank . L T s•Te Dated: ( , 2013 � / P Ilis Y.j / T12uSTEF "COVENANTEE" City of Arcadia Dated S i c. , 2013 • Dominic Lazzare• I City Manager APPROVED AS TO FORM: ,c6ts-k,,, P. { Stephen P. Deitsch City Attorney 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1109 C'•i--i-/'/'•'./v-v�r-v-V'/' 'V /'J-V.i-•r- .n-.r-•i--v-•,--• ./.r-•7-• .i-•i--•i-•r-•i--•r-•i--v-•i-v-�--.r-./.r-/-•^•7 (C State of California >> County of L S a()8 \Q„), � ( On� K\\D....1-0 13 before me, mac�\NM S`AN0A\W / © t RkW,;(..ate Here Insert Name and Title or the Officer )� personally appeared \i'\v\\.:-k" \ k ‘..N., CIA0 ()A, Z.. \ U Name(s)of Signer(s ( 9� who proved to me on the basis of satisfacto ry evidence to be the person(s) whose name(s) Ware j ( subscribed to the within instrument and acknowledged >> ( to me that hkst /they executed the same in his(hWtheir authorized capacity(ies), and that by >> hik/htm-/their signature(s) on the instrument the 1 person(s), or the entity upon behalf of which the >> .G� MARINA SIMONIAN person(s) acted, executed the instrument. ,j ( ,��_,_ commission*1932419 �) Zzf+: =;ti:J Notary Public-California i I certify under PENALTY OF PERJURY under the 0 Los Angeles County laws of the State of California that the foregoing - My mm.Exeires Ma 9,2015 _ :::_ 2- - - paragraph is true and correct. ( WITNESS my hand and o ci I seal. �) ( >j Signature: N C :,\.‘:\N ��\(\��1 >> ( Place Notary Seal Above Signature of Mary POb c A OPTIONAL >j Though the information below is not required by law,it may prove valuable to persons relying on the document >j and could prevent fraudulent removal and reattachment of this form to another document. yj Description of Attached Document ` j Title or Type of Document: ��c��C\1 C`4 ekC N t \S-0 �j, `,,p e�RA LI R. 1� j� >> Document Date: Number of Pages: 7 Signer(s) Other Than Named Above: �� ( Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: >> ( ❑ Corporate Officer - Title(s): El Corporate Officer - Title(s): >> El Individual RIGHT THUMBPRINT ❑Individual RIGHT THUMBPRINT OF SIGNER OF SIGNER El Partner-El Limited ❑General Top of thumb here ❑Partner - ❑Limited ❑General Top of thumb here El Attorney in Fact ❑Attorney in Fact CI Trustee ID Trustee �j ( CI Guardian or Conservator ❑Guardian or Conservator >> C El Other: ❑Other: '$ Signer Is Representing: Signer Is Representing: ( >> �...-. .-..._..-....,-..�..._,...-,...., ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 iEXHIBIT i4 • i i ( 1 l -. 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