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HomeMy WebLinkAboutD-2884 � This pagis part of your docnt- DO NOT DISCARDeal 11°;44 � 20190971784 tret Remrders Office, Los Angeles Conn , u p`, IIIIIIIIVI �IIIhNIIRecordedinied�uV�III� WNN�in Official RecordsBV °g��' ktik ti Pt California FEES: 0.00 TAXES: 0.00 OTHER 00 PAID: 0.00 OCT 1 5 F19 CITY OF A7cArn\ CITY CLL VINN I INIII111uIN1111NVIII I NI�NII III��IIII1I�VIu�INNI�IIInhN LEAVIII III II I 1II II II III lI Ii I IM 11111 I LIII 20190 183350038 000 7161071 LllVV11'NVBUNNPIIINYI EQ: 01 111111111111111111111 M1111111111111111111111 IIIIIILI lII IllI IIIIII II IIIIIIIII I IIII - � THIS FORM IS NOT TO BE DUPLICATED 4) , 09/18/2019 • 1111111111111 RECORDING REQUESTED BY ANDWHEN RECORDED MAIL TO: *20190971784" City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 COVENANT AND AGREEMENT REGARDING ACCESSORY DWELLING UNIT (2210 S. SECOND AVENUE, ARCADIA, CALIFORNIA) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, LARRY HIN CHOW AND ELIZA LAM CHOW, AS TRUSTEES OF THE LARRY HIN CHOW AND ELIZA LAM CHOW FAMILY TRUST DATED APRIL 6, 2008 hereinafter referred to as "Covenantors", hereby declare that they are the owners of that certain real property located at 2210 S. Second Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: That portion of Lot 2 of Tract No. 12693, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in book 260, Page 40 of maps, in the Office of the County Recorder of said County, described as follows: Beginning at a point in the Westerly line of said Lot 2 distant thereon South 0° 55' 15" East 3.00 feet from the Northwesterly corner of said Lot 2; thence parallel with the Northerly line of said Lot 2, North 89° 04' 45" East 100.00 feet; thence parallel with the Westerly line of said Lot 2 South 0° 15' 55" East 20.00 feet; thence parallel with said Northerly line North 89° 04' 45" East 105.50 feet to a point in the Easterly Line of said Lot 2 distant Southerly thereon South 0° 55' 15" East 23.00 feet from the Northeasterly corner of said Lot 2; thence along said Easterly Line South 0° 15' 55" East 57.00 feet to the Southeasterly corner of said lot; thence along the Southerly line of said Lot, South 89° 04' 45" West 205.50 feet to the Southwesterly corner of said Lot; thence along the Westerly line of said Lot North 0° 55' 15" East 77.00 feet to the point of beginning. 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 1 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. The Accessory Dwelling Unit shall conform to the plans shown on Site Plan (Exhibit "A"). The Property owner shall occupy either the primary residence or the accessory dwelling unit. The Accessory Dwelling Unit shall not be rented for terms of less than 28 days or to more than one renter within any 28 day period, and the accessory dwelling unit shall not be sold separately from the primary dwelling unit. No more than one accessory dwelling unit shall be allowed on the property. The accessory dwelling unit shall have one designated parking space. 2. If this Covenant and Agreement is breached by Covenantors 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, Covenantor 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. IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown opposite their signature. [SIGNATURES ON THE NEXT PAGE] 2 "COVENANTORS" 9 Dated: 6_ /, , 2019 Larry Hin Chow, Trustee Dated: �'v �+ f , 2019 (21 Eliza am Chow, Trustee "COVENANTEE" Dated: NG S-t- � , 2019 Dominic Lazza City Manager APPROVED AS TO FORM: 54;CFG, 6442-4"-t Stephen P. Deitsch City Attorney 3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of L 0 5 Af1qP t e S On P.vn as-\-- 1 , ZD) 9 before me, L. %Ida RoAc9u'7 , No+Ary P4bllc, (Insert name and title of the Officer) personally appeared Larry I--kr, ChniN rrt E 1i zo Lc rn C-hLW who proved to me on the basis of satisfactory evidence to be the 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 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature } /3`�l" " (Seal) 2 w. , LINDA RODRIGUEZ Notary Public -California z : ryh Los Angeles County z Commission#2212889 > MComm: Ex ires Oct 4,2021 W Y 0 $ ' O CQauce cn Z g~ wZa06 e4 Q Q J c W O'' Q Q *i N 1.. 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