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HomeMy WebLinkAboutD-2785 u -z�gr This page is part of your document 20110044162 42°1 111 1 IIVWIIII1IIYHIII dlll IIII PgE Recorded/Filed in Official Records �� 6.3 it f''.1",.C. aW is ii.:,c ((P 17 33 IIINI I I IIN I III 1 1 III I I I II II I I I IUI 1 IIV I 1 III 1 I HI I11 11 1 hVl� 1118111 VIII II111111 ill 1 11 20 10110076001 00 366665 II111111 1II N111I SEQ: 01 DAR - Mail (Hard Copy) 111 IU III 11101 I I D lIll II 11 I IIl n 1111 - 111 III 1 1111 111 10 111 1011 1111 1 111 II 011 111 lIlI IiI 101101 011 1111 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 01/10/2011 City Attorney 11 1111 City of Arcadia P. O. Box 60021 * 20110044162* Arcadia, CA 91066 -6021 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, DAVID WAI CHAN AND GRACE KWONG WAH CHAN, 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 230 W. Walnut Avenue, in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Lot 39 of Tract No. 12630, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 238, Page(s) 42 and 43 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 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, all 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 (i.e. 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 Covenantors 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, Covenantors 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. Covenantors 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 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. [SIGNATURES ON NEXT PAGE] 2 i IN WITNESS WHEREOF, Covenantors has executed this instrument on the date shown opposite their signatures. "COVENANTORS" � r Dated: ca 2010 D. ,_ ,:__ an Dated: (?" `5•— , 2010 �� r - c• Kwong Wah Chan "COVENANTEE" "CITY OF ARCADIA," a Municipal Corporation, Dated: 9%)... , 2010 �av,a�..� ���r•rra,./ Donald Penman City Manager APPROVED AS TO FORM: &9*L Stephen P. Deitsch City Attorney 3 GUEST NE0131972 sir :A MO W. vraranrze AVE. AflOADZA, CA 91007 W L u s iiiir ur Avt. fit t 1 LAWN I e, /!'r .r t LAWN t I ( l i t t M 4 ( /rAtvii ,1 i i ' I iirr.!rfsN.!rrl A r n' 4 E70�pp�p 1 STORY J 1 { 4 F M 111 Y.�ri1161 tJN / 1 / t .. � o�ai. s s .1 M ' /� 0 // { • / 1 .. yrrirr� I 1 ' i l mama 1 f —M a srrL 2 9� 1 " 1 . f ( " 1 t LAWN ( % �1 I J' /3 �. _.,._..:...,_ ... .._.1- _._ -O,.* , ,,m.r :: - 1 1' earie mot. 1 4 .... 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IT0.54 0; ' ' .4.A ....• ° , • ...1. . ... i: 1 1 ....-, Exhibit "B" . . .► • . , CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT 7 iy i %,;. ...�.e� 4 ,..... k�a 3 �3;� %. wit.,Ad �i...sw.1,3, ,,,i. „_*, A..o ..9:.• _.. psi ..m.. . .., ic' a ..o.. a State of California County of Los Angeles On September 15 : 2010 »before me, Joan Quan, Notary Public Dale Here Insert Name and Title of the Officer ' personally appeared _ David Wai Chan and - Grace _ Kwong Wah.Chan Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that bceisi/they executed the same in his /her /their authorized JOAN AUAN capacity(ies), and that by i llf /their signature(s) on the '< Cro Commission # 1796117 Z instrument the person(s), or the entity upon behalf of s i Notary Public - California Z ' ' Los Angeles County which the person(s) acted, executed the instrument. Nly Comm. i 2 L 2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correc t i WITNESS . . d 4 ficial seal. Signature ,. Place Notary Seal Above Si o Notary Public OPTIONAL ��' an ua 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: Covenant & Agreement regarding Accessory Building (Guest House) Document Date: September 15, . 2010 Number of Pages: 5 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Si ner's Name: David Wai Chan Signer's Name: Grace Kwong Wah Chan Individual Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb her ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: rT Signer Is Representing: S i4� ✓4�•- :V•v4S4,.. � ✓4� ✓4�f�✓4' 4A,I "'+ 14 '✓ f SC✓4'eri /,6 4,..%.ei4',Wg.. �✓. 4W4S ✓4K 4C✓4�..< 4,'✓.f� -4C /A.t! ©2007 National Notary Association • 9360 De Soto Ave., P.O. 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