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HomeMy WebLinkAboutD-2768. ~ ._ ~^ a~~p~ I This page is part of your document - DO NOT DISCARD 20090671319 II II I III II I II II II II II II II II III IIIII IIII I III IIIIIIII P~$09 Recorded/Filed In Official Records Recorder's Office, Los Angeles County, California -- _ 05/07/09 AT 08:OOAM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 C y~~/% ~on~~ s LEADSHEET 200905070120001 00000483376 I Illnl IIIII ll~l IIIII IIIII lll~ 1111111111 IIIII Iill IIII 002094651 SEQ: 01 DAR - Title Company (Hard Copy) Illllillllllllillllllllllllllilillliiilllllillllilllllllillllilllllllll~llllllilllilllllllllllllll IIIII 111111 IIIII IIIII 111111 III 111111 111111 IIIII IIIII IIII IIIII IIIII IIII 111111 IIIII IIII lll~l 111 IIII - THIS FORM IS NOT TO BE DUPLICATED E1b113 t93 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 >u .w Z COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (RECREATION ROOM) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, YING JI SUN AND YAN CHEN, WIFE AND HUSBAND AND YU CHEN SUN AND YU GI LIU, HUSBAND AND WIFE ALL AS JOINT TENANTS hereinafter referred to collectively as "Covenantors," hereby declare to be the owners _ , . of that certain real property located at 1018 Mayflower Avenue, in the City of Arcadia, ~ ~ "-` County of Los Angeles, State of California, more particularly described in the attached Exhibit "A" incorporated herein as part of this Covenant and Agreement. Covenantors hereby agree and covenants with the City of Arcadia, a Municipal Corporation (hereinafter referred to as the "Covenantee") on behalf of and for the benefit of 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 Recreation Room, shown on the attached Exhibit "B" and Exhibit "C," shall not be used as accessory living quarters; shall not be used as a guest house; shall not be rented; shall not be converted to livable space; shall not be equipped with any kitchen facilities or appliances; shall not contain more than one (1) bathroom (and the bathroom shall not be more than a '/4 bathroom); and shall not be altered or expanded from the approved Floor Plan as shown on the attached Exhibit "C." - 2. If this Covenant and Agreement is breached by Covenantors 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 any such legal action, Covenantors or their successors or assigns shall be liable for the reasonable attorney fees of the Covenantee, if the 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 the 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 owner 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:oftbe 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 decision shall not-affect the validity of the remaining portions of this Covenant and Agreement. 2 IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signature. "COVENANTORS" Dated: ,_2009---_ Dated: - ~-~ , 2009 Dated: T2'~, 2009 Dated: ~, 2009 ,... ~~ ~~ v Y ~epn W U Yu Chen Sun Yu Gig Liu ~~~- "COVENANTEE" "CITY OF ARCADIA," -~: " a Municipal`Corporation, Dated: ~~, 2009 APPROVED AS TO FORM: ll 1(~ni~ Stephen P. Deitsch City Attorney ~t~*~~cr,.,.a,_J Donald Penman City Manager 3 CALIFORNIA ALL'•PURPOSE ACKNOWLEDGMENT State of California County of ~ .o~ \~~~ie\@h } On ~C~~ ~ ,010 before me, ~~~c>, Date personally`appeared ,~ M11R1NA StM~W W ~emmpNoo s t~aewt Notory PuDNe - CdlrcrMo - lOt Mpalet CouMY - Camm.B ~ Ym V 2011 Place Notary Seel Above OPTI Though the information below is not required by law, it and could prevent Iraudulent removaPand re Description of Attached Document Title or Type of Document: ~ J @~ Documeht Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ^ Individual ^ Individual ^ Corporate Officer=Title(s): ^CorporateOfficer-Title(s): ^ Partner - ^ Limited ^ General _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact - ^ Attorneyin Fact ^ TrllStee Top of thumb here ^ TfUStee - Top of thumb here ^ Guardian or Conservator ^ Guardian or Conservator ^ Other. ^ Other: Signer Is Representing: Signer Is Representing: who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Fs/are subscribed to the within instrument and acknowledged to me that h`e/sh~/they executed tFie same in Fi~s/ht~r/their authorized capacity(ies), and that by his/herftheir 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 F~ d and official se '. ` ,IC) ~ Signature Sipneture f Notary Publ _ ONAL may prove valuable to persons relying on thedocument _ attachment o! this /arm to another document.. - - ~,~~~ a~,~e.f~~nP +~-~ ce ~ 101 1~lo.u ~' lo~e~` 0200]Natlmal NOlary ASSOCialion•9350 De Smo A~e.,P.O. BOx 2d02•Chetswanh, CA 813132402•wviw.NalionalNOtaryorg Item M590] Reorder Cell TOM1Free l-8008]&fi82] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of li On ~~ a~ © before me, Date personally appeared MAInNA SIMtONUW 7 canma.foe s t~aawt Notary PutNlc • CaHtanla ~w Mgele~ County corns v zon Place Notery Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(' /are subscribed to the within instrument and . acknowledged'~to me that he/slye/they executed the same in his/hkr/th~ir authorized capacity(iddr), and that by his/her/itieir signature(s) on the instrument the person(, or the entity upon behalf of which the person( 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 m and and officia al. Signature ~ ~ t Signature of Notery Pud OPTIONAL _ Though the inlormetion below is nqt required by law, it may prove valuable to personsrelyingon. the document - ~ and irould prevent fraudulent removal and reattachment cf this torm to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer-Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee Tap of tn~mb Here ^ Guardian or Conservator ^ Other: Signer Is Representing: Signer's Nal ^ Individual Number of Pages: ~~ Corporate Officer-Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: . • Top of thumb here b ®20W National Notary ASSOdetion•9350 De Soto AVe.,P.O.Box 2402•Chatsvnrih,CA 91313-2402•www.NafionalNOtery.org Item N590r ReoNerCall Toll-Free 1AOP8-8d62'! .. : ,. _. - Exbibil A LEGAL DESCRIPTION All that certain real property in the County of LOS ANGELES, State of California, described az.follows: THE SOUTHERLY ONE-HALF OF THE SOUTH 107.5 FEET OF THE WEST 208.76 FEET OF LOT 17 OF F.A. GEIER TRACT, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OE CALIFORNL4, AS-PER MAP RECORDED-IN $OOK-23, PAGE 40 OF-MAPS,-IN THE OFFICE -' OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL MINERALS, GAS, OIL, PETROLEUM, NAPHTHA AND OTHER HYDROCARBON SUBSTANCES, IN AND UNDER SAID LAND LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE, WITHOUT HOWEVER THE R1GHT OF SURFACE ENTRY, AS RESERVED OR EXCEPTED IN A DEED RECORDED OCTOBER 14, 1969 IN BOOK 4525, PAGE 128, OFFICIAL RECORDS. APN No: 8509-008-026 This map should 6e used for reference purposes roily. No liability is assumed for the accuracy of the dvys shown. Parcels mvy nm comply with local subdivision or building ordinances. 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