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HomeMy WebLinkAboutD-2787 . z7 e';- A This page is part of your document - DO NOT DISCARD o icr t7 L, 74 ,03p.„„ ;, 20110250583 02/16/1 1 AT 02:16PM 7 ,cD )Jtki' IC '1‘1 FEES: 33.00 &Ae )0 le) TAXES: 0.00 OTHER: 0.00 PAID: 33.00 II111 1 I1IIfl IIIU 1 II 11 IIII IIIIII IIII0 IIII0 I IU II LE DSHEET III 1 III �I 1 IC I IV li IN 1 I� II II 1 I 1 1 0110 150100061 l1011 111 IIIIII I Hill 11 ll 111 llll 111 1111 003159005 SEQ: 01 1111 nuiuiix1111101111111101111 11111iuimuimM lIlIlIlIlIlIlillIIIMIIY11N THIS FORM IS NOT TO BE DUPLICATED 02115120 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney 120110250 1 583" City of Arcadia P. O. Box 60021 Arcadia, CA 91066 -6021 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE) AT 250 W. DUARTE ROAD FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, TEH JEN CHUI AND CHE CHENG -FANG CHUI, HUSBAND AND WIFE AS JOINT TENANTS Hereinafter referred to as "Covenantors ", hereby declare to be the owners of that certain real property located at 250 W. Duarte Road in the City of Arcadia, County of Los Angeles, State of California, more particularly described in the attached Exhibit "A" incorporated and made a part hereof. 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 shown on the attached Exhibit "B" shall not be rented; shall not contain facilities for the heating or cooking of food; and shall not contain more than one (1) living room, one (1) bedroom, one (1) bathroom (and the bathroom shall not contain more one (1) toilet, one (1) lavatory and one (1) bathtub with or without a shower head). The Guest House may contain a water heater not to exceed forty (40) gallons; may contain a gas line fora wall or forced air - heating unit; and may contain a single basin bar -type sink. The Guest House shall not be altered or expanded from the approved Floor Plan shown on the attached Exhibit "B ". Said Guest House may be used temporarily by guests of the family occupying the main building; provided that, such use 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 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 such legal actions, Covenantors 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, Covenantor has executed this instrument on the date shown opposite their signature. [SIGNATURES ON NEXT PAGE] 2 "COVENANTORS" T Dated: TPI A/ ‘ , 2014 Teh Jen Chui 1 Dated: / 9- , 2014 Che Cheng -Fang Chui "COVENANTEE" City of Arcadia Dated: (ArikkOn , 2010 Donald Penman City Manager APPROVED AS TO FORM: ( ) Stephen P. Deitsch City Attorney 3 6 EXHIBIT "A" That portion of Lot 1 of Tract No. 951, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 17 Page 28 of Maps, in the office of the County Recorder, described as follows: Beginning at a point in the Northerly line of said Lot 1 distant North 81° 00' 00" East thereon 1464.78 feet from the Northwesterly corner thereof; thence South 0° 01' 30" East parallel with the Westerly line of said Lot 1, a distance of 421.01 feet; thence North 85° 27' 30" East 100.31 feet to the Southwesterly corner of the parcels of land described in the deed to Harold G. Johnson and wife, recorded in Book 12821 Page 380 of Official Records of said County; thence North 0° 01' 30" West along the Westerly line of the land described in said Deed, 428.91 feet to said Northerly line of Lot 1; thence South 81° 00' 00" West along said Northerly line, 101.24 feet to the point of beginning. Except therefrom the Southerly 200 feet measured along the East and West lines of said land. Also except therefrom the Northerly 12.00 feet, measured at right angles, from the North line of said land. • . EXHIBIT "B" . • \P _---_ — .--- ^ Jam^ o El o m o 0 .; 0 WI MI lir . .. ,., I' p • • 1 =III ryA I. N I w rim, ..• :,:.. ",.... ... : ... 1 5 ■ 4 �1. , ., . 54'.8'_'' 41'•E" e y r" r. f t ,+ ' .4 •+ ' �� I • o Y+ . 1 n 1 ` , CI -j— \ 111 , . }. El � a a O m i • r . . 1 N` 1 y rdp 1 , 1 �npo�m ,r,. .1!:. B,a6� 4 III 0 tt rt 0 � pb,''�ewpF�f�pAi' + °o`j al a p 4 e l a . ,/,2- .6 u, K _ r� p�° N N I , op 1 ,0; , 1 . 1 c9 r ci I 5 0 S 1 _ rd \ . - • 111 . • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ca..�. >�q�S�S!oaL!��: �,• �. �t�> �,- �.'> �5�. �.' 4�����NsZ.�S�.a.'�S���t�a Nvaga 5� �.';�Nvs<rv..'9��a�S!s�e;� a�4��3Ac�4 1 State of California County of Los Angeles On k. —*# ` � — before me, Marilyn F. M erlo, Notary Public , Date Here Insert Name and Title of the Officer personally appeared C.>��� Name(s) of Signer(s) 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 - ho/ohc /they executed the same in - hiel4er /their authorized capacity(ies), and that by hti& o /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. UN F MENLO 'Of Commission • 1907901 I certify under PENALTY OF PERJURY under the laws • ti S Notary Public - California of the State of California that the foregoing paragraph is -- / Los Angeles County true and correct. .E • iris Nov 9 2014 WITNESS my hand and official seal. Signature Place Notary Seal Above Signatu f 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 h r Title or Type of Document: v - � v� k, J�l■ J 6 Document Date: 1 \L Number of Pages: L 1 ?A 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 RIGHT THUMBPRINT ❑ Partner — ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here 17 Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ?iA s'er4�s'r✓{ .C✓hy'. ✓. 4 ' °r6'rra'rr6'rr 6'✓f'a+'f'ri6'rigtiS � -� � - .'c -' 'd'f'srf "�4 d� 9u 4:y4's�6 ©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