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HomeMy WebLinkAboutD-2907 ` ^ A This page is part of your document- DO NOT DISCARD A ,zy c.,,,,,,74:OS,4�c 20201284814 1Mk Pa es: [ II III I III IIUhI1111111111 II g°08 `'_tl yf/ s IM ,+ Recorded/Filed in Official Records k. 4imr Recorder's Office, Los Angeles County, ---2—b_." California o'4Lf�'rx 10/15/20 AT 03:31PM FEES: 0.00 RECEIVED TAXES: 0.00 OTHER: 0.00 SEP 2 2 2020 PAID: 0.00 CITY(D A!CAD!A CITY ATTORNEY A A LEADSHEET 202010152890051 00018946357 II III II III III I II III II I III 011209003 SEQ: 01 DAR - Mail (Intake) III 11111 11111111111 I I III III II III 11111111 II I III II IIID IIIII III IIIII I 11111 I II II I I IIII liii II III III III I III A THIS FORM IS NOT TO BE DUPLICATED A f1231,3 18946357 RECORDING REQUESTED BY AND 11111111111111111111 WHEN RECORDED MAIL TO: Batch Number: 11209003 City Attorney 1111111111111 liii II City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 COVENANT AND AGREEMENT REGARDING ACCESSORY DWELLING UNIT 69 WEST PAMELA ROAD, (69 #B WEST PAMELA ROAD— NEW ADDRESS), ARCADIA, CALIFORNIA FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, HSIANG TANG LIU AND HELEN H. LIU, AS TRUSTEES OF THE HSIANG TANG LIU AND HELEN H. LIU REVOCABLE TRUST, DATED MARCH 31 , 2007, hereinafter referred to as "Covenantors", hereby declare to be the owners of that certain real property located at 69 West Pamela Road (69 #B West Pamela Road — new address) in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows "Affected Land": Lot 26 in Tract No. 12451 as per Map recorded in Book 238, Page 30 and 31 of Maps, in the Office of the County Recorder of Los Angeles County, California. 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. 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 subject to an owner- occupancy requirement. 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 1 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, Covenantors have executed this instrument on the dates shown opposite their signatures. [SIGNATURES ON THE NEXT PAGE] 2 "COVENANTORS" TRUSTEES Dated: 31// , 2020 , cY4'11// Hsiang ng-Liu Liu v 9(11 Dated: , 2020 Helen H. Liu "COVENANTEE" Dated: --)1--,3),.._ q , 2020 . 1110.' Dominic Lazzare• 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 LIS P na3r ted On AugUSt L0ZO before me, 1-1Y001, eAc a NoI-Ac Pu I iif (Insert name and tie of the Officer) personally appeared 1150n.) Toincj Lit, otnd Meier, H. Liu who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i&/are subscribed to the within instrument and acknowledged to me that h.e/s#ae/they executed the same in 1:14s/her/their authorized capacity(ies), and that by 14is/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. . LINDA RODRIGUEZ WITNESS myhand d ficial seal. r;,�;x!„,,4 � Notary Public -California ano .' ��"N Los Angeles County Z • "t"►/ Commission 2212889 SignatureC-%..)71 (Seal) M Comm. Ex fires Oct 4,2021 • 7 _ ___ PL 60' _ _ _ 7p,/ / 26.-e %/../"/(N)ADU. /7 7,.//, /1,000 SF. /`,/ 1 / s , . 0 1 1 1 (E)SFD. 1,740 SF. u, in N N •,--- (E)PATIO ‘-- _i COVER: --1 a.' 95 SF. I ri 5-0' I / (E)2-CAR GARAGE 400 SF. I I (E)PORCH: 169'F. I I i ISI-0. 1 / i r I --) I (E)DVVY. I ,..., FOR ADU PARKING I I _ PL 60' N N W. Pamela Rd. SITE PLAN EXHIBIT 'A' , . • . , 29'-6" 2'-6" 5'-0" 12'-0" 5-0" 6-0" _._ --- e_ W/H " S'W X4'H. 1111111 ', '. _. m ,....... .m., . -: -' ... 0 2 ' 1 ] ) D/VV -0 , 0 - - 14.-0AC" i 1 414 i D L— KITCHEN _1 BEDROOM ' -t--• W c...) - , . . 1 .., . , , ...,......' ___, ICI L — --- 1 ' 8-3" SHELVES I : / 1 1.? STUDY i DESK CV i REF I BATH u . . ...... "..r LT c, m a I • -, 10 Zo C, X DINING 1 I 1 r) I -.... 1 i. LINEN 1110) bj I r 0 ), 1 _ ,,.._, - ± -. , 1 1 1 , t - I t---- [ -,t- -•• 1 , BATH 117 ,.--, 1 - _ , , . . , I 1 1 , I . i 1 LIVING 11\ I bi t . _ 2'-0" -- , 1 7t) ,;4.< I .c,, BEDROOM _I ....m. 1 - Y , ,...., LC) 0 14-1* -I ' ' 0 1 7') 0 I 1 r 5'W.X4'I-. ........_ 10'-7" lo- ...- . S'W X4'H 1 2"-6" 6-0" 2'-4" 5-0" 1'-8" 4.-6. 5.—o. 4-6" N .. . , ,.. 14'-6" (14'4' ..?" / ... , FLOOR PLAN EXHIBIT "A" T.O.P. !_.... T.O.P. __� o� I. � I■ it o I I KITCHEN WINDOW CO al CO ii. h rni O O O O� c3 c0 10 coy io! I I �`')L F.F. F.F- e NORTH ELEVATION EAST ELEVATION I- _ = x W T.O.P. _ T.O.P. Q 11. I 11ni--Sill I 11 o o Q7 I 1 _ 1. --, ___ ) F.F. i-) i-; F.F. SOUTH ELEVATION WEST ELEVATION Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Tuesday, September 8, 2020 12:51 PM To: Rachelle Arellano Subject: RE: Covenant 69 West Pamela Road Follow Up Flag: Follow up Flag Status: Flagged Rachelle, I have reviewed and approve as to form the above covenant for an accessory dwelling unit. You may use my stamped signature for this purpose. I remind City Staff that it is recommended that the property owner obtain a subordination to the covenant from any lender which/who has recorded a deed of trust, unless the City chooses to take the risks attendant to not requiring that (which I have explained to City Staff in the past). Thanks. Steve Stephen Deitsch Partner stephen.deitsch@bbklaw.com T:(909)483-6642 C:(951)662-9343 www.BBKlaw.com Cl- Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be physically closed. 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, September 08, 2020 10:34 AM To: Stephen Deitsch Cc: Arcadia City Clerk Subject: Covenant 69 West Pamela Road CAUTION-EXTERNAL SENDER. Hi Steve, Attached is a Covenant for your final review and approval. Thank you, 1