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HomeMy WebLinkAboutD-2906 p--°2.2-O6 This page is part of your document- DO NOT DISCARD - ��of ”71 s 20200942688 ° 2°'0 ' 1111111111Pa es: rf�-,� ,IP�} 111111I1111 ��09 Recorded/Filed in Official Records ,rx III^ t Recorder's Office, Los Angeles County, California Coli aQ * 08/13/20 AT 01:00PM FEES: 41.00 TAXES: 0.00 OTHER: 0.00 PAID: 41.00 LEADS HE ET 202008132880027 00018666796 III IIUIlII II I II I II II IIII I I II III 011027717 SEQ: 01 DAR - Mail (Intake) III II I I I I II 0 IIII I II I I I 111 III IHI I 1111111111111 11 3 III IIII III II I IIII II I I I I I I II III 111110 IIIIH III III - THIS FORM IS NOT TO BE DUPLICATED - L485912 18666796 RECORDING REQUESTED BY AND 11111111111111111111I WHEN RECORDED MAIL TO: Batch Number: 11027717 City Attorney 1 II 11 II III 1 II II City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 COVENANT AND AGREEMENT REGARDING ACCESSORY DWELLING UNIT 1104 S. 1ST AVENUE, (1104 S. 1ST AVENUE #B— NEW ADDRESS), ARCADIA, CALIFORNIA FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, RAYMOND SHENG TSAI, A SINGLE MAN, hereinafter referred to as "Covenantor", hereby declares to be the owner of that certain real property located at 1104 S. 1st Avenue (1104 S. 1st Avenue #B— new address) in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows "Affected Land": The North 92.5 feet of Lot 10 of Tract No. 808, in the City of Arcadia, County of Los Angeles, State of California, as per Map recorded in Book 16, Pages 82 and 83 of Maps, in the Office of the County Recorder of said County. Except the East 140 feet of the North 92.5 feet of said Lot 10. Covenantor hereby agrees 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: 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 1. The Accessory Dwelling Unit shall conform to the plans shown on Site Plan and Floor Plan (Exhibit "A"). 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 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, 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. Covenantor agrees 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 dates shown opposite his signature. [SIGNATURES ON THE NEXT PAGE] 2 "COVENANTOR" Dated: `J U yln , , 2020 /;1 Raymond S 'eng Tsai "COVENANTEE" Dated: �c-1,(_, l c\ , 2020 Dominic City Manager APPROVED AS TO FORM: 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 ,65,,s 4cdeE--: c �' t On . Q)o�o before me, >4 A-��� o /Y7 ' /4"5/ (Insert Name of otary Public and Title) personally appeared , 1 /4O� ' s ;; :4/ who proved to me on the •asis 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. ANNIE Y.CHOI t_ _� Notary Public•California € ,,,0_,..,_., ,,,, ► T Los Angeles County WITNESS my hand and offic - �r� %' Commission 2305811 My Comm.Expires Oct 15,2023 Signature .fir (Seal) illr B001 rev 20160518 M 4 3 dp 9 90066 93 9109309 ,y,. "4 f? I '_ 959 151'0 9011 0 y i � ; 11 as , (nay) 3aN3aiS321 IvSl - . Q , 05'Z6 °M.OL.LZ.00N ° I i I I 11p1T Vin �►!tM.te I.- OW 4411v 4 _____ A 717—.,--7,----0-PA 1 ,m4 El 1 OW i i ' F rir;,0 H, 4U Wik r j '111111114 IIA♦ ♦� j LL L, tii 114 1,: NV�, I 111a. .' • , Ilit4 L il 111 Nir it, ! 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K 01 g .040,0° i :: ° 90016 VO VIOV7HV Z °i S;� i f 3Atl1St S9O11 g « 3 i 1 \3 I (nay) 33N3oIS3d IvSl 2 u °IN< w a r q r , ` uI sx LIAC ..y t ^Z ZLISt k W � r.l L Jr 1 Z 0 5 e. Q LL O 0 ZI S'C 0 W II i I J a Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Tuesday,June 16, 2020 12:38 PM To: Rachelle Arellano Subject: RE: City Attorney Review -June 16, 2020 Thanks Rachelle. The Covenant looks fine, and you may affix my stamped signature, approving it as to form. Steve rz Stephen Deitsch -�_------ Partner stephen.deitsch@bbklaw.com T: (909)483-6642 C:(951)662-9343 www.BBKlaw.com Stay at home aid public health orders issued in multiple counties across the U.S. require our offices to be physically closed, effective March 17, 2020. Because all staff are working remotely, all documents (including correspondence, pleadings, and discovery) will be served via e-mail until further notice. Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail or delivery. Send all e-served documents in your case to the e-mail addresses for any Best Best& Krieger LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Rachelle Arellano [mailto:rarellano@arcadiaca.gov] Sent: Tuesday, June 16, 2020 9:35 AM To: Stephen Deitsch Cc: City Attorney Subject: City Attorney Review - June 16, 2020 CAUTION - EXTERNAL SENDER. Hi Steve, Attached are two items for your review today. • Covenant — 1104 S. 1st — Ready for Signature • Code Enforcement— 345 W. Palm — Requesting Abatement Warrant Thank you, Rachelle Arellano Deputy City Clerks City Clerk I City of Arcadia 240 W. Huntington Drive I Arcadia, CA 91006 (626) 574-5453 I rarellano@arcadiaca.gov 1