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HomeMy WebLinkAboutD-2775E186156 II This page is part of your document - DO NOT DISCARD 1 1 1 1 1 II Il 1 i i 1 i i i 1 i 1 1 i i 1 uI 1 1 11 II 201006180030057 11 i 1 lflhl 111 1 LEADSHEET 1 is 00002535618 11 DAR. - Counter (Hard Copy) i 11 i 002738733 II 1 1 1 i 11 i 11 1111 SEQ: 01 i i i I II i 111 11 i II 1 11 I I 20100839718 Recorded /Filed in Off c al Records Recorder's Office, Los Angeles County, California 1111 11 1 iii 11 i I I 11 i 06/18/10 AT 01:20PM i i 1 lI i II i 1 1 i 1 11 i 1 1 III 11 1 II I I 1 III i 1 II 11 THIS FORM IS NOT TO BE DUPLICATED i 1 1 1 111 11 I I I 1 11 Pages: 0023 FEES: 147.00 TAXES: 0.00 OTHER: 0.00 PAID: 147.00 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066 -6021 logo '-- COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDINGS (DETACHED TWO CAR GARAGE WITH A STORAGE ROOM AND A DETACHED POOL HOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, HERBERT TA CHENG HUANG AND FRANCES LIU SING YING HUANG HUSBAND AND WIFE AS JOINT TENANTS hereinafter referred to collectively as "Covenantors ", hereby declare to be the owners of that certain real property located at 891 W. Foothill Boulevard in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Lot 38 of Tract 11204 as per map recorded in Book 197, Pages 18, 19 And 20 of Maps, in the office of the County Recorder of said County ( "Affected Land "). 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 Detached Accessory Buildings as shown on the attached Site Plan (Exhibit "A "), the Detached Pool House (Exhibit `B ") and the Detached Two (2) Car Garage and Storage Room (Exhibit "C ") shall not be rented; shall not be converted into a guest house; shall not be equipped with any kitchen facilities or appliances; and said Detached Accessory Buildings shall not be altered or expanded from the approved floor plan. 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 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 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 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 decision shall not affect the validity of the remaining portions of this Covenant and Agreement. 2 J IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. p1 Dated: 4 6 Dated: P "COVENANTEE" City of Arcadia Dated: tp - 80 , 2010 ,.a Donald Penman City Manager APPROVED AS TO FORM: Stephen P. Deitsch City Attorney , 2010 , 2010 3 "COVENANTORS" State of California County of LOS AN&'t%t/tS On TOME 1 /- before me, Z AKA KAN 1•1 1JoTARy u3i -t�-- (Insert Name of Notary Public and Title) personally appeared h Olz-I P-T TA CHG E ANG- 9 F aGtst= UU St nl(r )/(Mi- N UAN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Aare subscribed to the within instrument and acknowledged to me that )I4 /they executed the same in his /her /their authorized capacity(ies), and that by r/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. 1 • c :- commission ommis rlKAII 1 V IN sion 1 7117011 � County (Seal) ACK PARA w/POP (Rev 06/08) EX , . 7 taimzegactiAa