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HomeMy WebLinkAboutD-2783 -2]83 This page is part of your document - DO NOT DISCARD .44,, 20101917465 i ' 1111111111111111111111111111111111111110 P OW x!1 C AL/Foit1 0. 12/27/10 AT 03:19PM TAXES: 0.00 is �,. ., TOO „t,) ..,e PAID: 51.00 11111111 111011111111111111111111111111111111111111111 LEA S ET IIi 1 11 III I IIIII II II I III III I I I� IiI I Ullfl 0 012 00 08 000 50 32 111111111E 1111111 SEQ: 01 111101 ai m mi 11111111011111101111111111111 oeai iu�1110i1 1111 111111 1111111111 111111111110 11111111111111 1111111111 THIS FORM IS NOT TO BE DUPLICATED • ■ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney 1212712010 City of Arcadia P. O. Box 60021 Arcadia, CA 91066 -6021 111 64 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, PHOEBE SHIEH, A SINGLE WOMAN hereinafter referred to collectively as "Covenantor ", hereby declares to be the owner of that certain real property located at 1227 S. Tenth Avenue, in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: The North 50 feet of the South 150 feet of Lot 87 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 ( "Affected Land "). 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. The Guest House, as shown on the attached Exhibits "A" and "B," shall not exceed six hundred (600) square feet of gross floor area; shall not be rented; shall not contain facilities for the heating or cooking of food; shall not contain more than one (1) bedroom, one (1) living room and one (1) bathroom (and the bathroom shall be comprised of no more than (1) bathtub, with or without a shower head, no more than one (1) lavatory and no more than one (1) toilet); other plumbing facilities shall not contain, and shall not consist of, more than one (1) single -basin bar type sink, one (1) water heater not to exceed a capacity of forty (40) gallons; shall not have more than one (1) gas line for a wall or forced -air heating unit; and shall not be altered or expanded from the approved Floor Plan 1 as shown on the attached Exhibit "B." Said Guest House shall comply with the space and occupancy standards of the Uniform Housing Code and other applicable regulations as such may be amended from • time to time by the City of Arcadia. The Guest House may be used temporarily by guests of the family occupying the main building; provided, however, that such use by one or more guests (Le. all guests in the aggregate) shall not exceed, in the aggregate, a total of thirty (30) days during each calendar year. 2. If this Covenant and Agreement is breached by Covenantor or its 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, Covenantor or its 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. Covenantor acknowledges that there are no 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 Covenantor, 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. [SIGNATURES ON NEXT PAGE] 2 IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown opposite the signature. "COVENANTOR" Dated: f +c2010 'Phoebe Shieh "COVENANTEE" "CITY OF ARCADIA," a Municipal Corporation, Dated: / , 0 1 6 Y , 2010 LTr�ei•,rre+� Donald Penman City Manager APPROVED AS TO FORM: St phen P. 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MARINA WOMAN .; Commission • 173*031 Notary Public - California I certify under PENALTY OF PERJURY under the laws +!r% Los Angeles County of the State of California that the foregoing paragraph is �_ _ _ INtCorrm.E SSMo�9��11 _� true and correct. WITNESS my nd and offici. Signature A 1 .Mv. \ Nkt\ tMQ %Nt Place Notary Seal Above Signatirre of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: rlr) R. -t.,c1,kk �Q �t, ' �' �c 7 S , \kgclAN, At■kk Document Date: ■w\G.w -1 c O 0 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER ❑ Trustee To of thumb here Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827