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THIS FORM IS NOT TO BE DUPLICATED
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: 08/26/2011
City Attorney 1111111 11111111111
City of Arcadia
P. O. Box 60021 *20111158191*
Arcadia, CA 91066-6021
COVENANT AND AGREEMENT
REGARDING ACCESSORY DWELLING UNIT AT 955 FALLEN LEAF ROAD
FOR GOOD,VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby
acknowledged,
RALEIGH R.F. SHAO AND ALICE N. SHAO,
TRUSTEES OF THE SHAO REVOCABLE FAMILY TRUST
DATED DECEMBER 1, 1989
hereinafter referred to as "Covenantors", hereby declare to be the owners of that certain real
property located at 955 Fallen Leaf Road in the City of Arcadia, County of Los Angeles, State of
California, more particularly described as follows:
Lot 41 of Tract 10957 in the City of Arcadia, County of Los Angeles,
State of California, as per map recorded in Book 191, Pages 43 to
45 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 Accessory Dwelling unit shown on the Site Plan attached as Exhibit"A"shall not
be sold independently of the main dwelling unit and parcel and shall not be altered or expanded
from the approved Floor Plan shown on the attached Exhibit"B".
2. If this Covenant and Agreement is breached by Covenantors 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.
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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, Covenantors have executed this instrument on the date shown
opposite their signature.
"COVENANTORS"
Dated: 01P 7 , 2011
Raleigh F. Shao, T stee
1
Dated: 4 "' , 2011 7:71
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Alice N. Shao, Trus ee
"COVENANTEE"
City of Arcadia
Dated: el Vi , 2011 ��.'-�-��e�`�~*-e►J
Donald Penman
City Manager
APPROVED AS TO FORM:
Steph n P. Deitsch
City Attorney
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E.CONC.CURB E CONC.DRIVE APPROACH
FALLEN LEAF ROAD
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ADDITIONSHAO RESIDENCE
955 FALLEN LEAF RD. SITE PLAN .SCAL E;In6"=r-O" N
ARCADIA.CA 91006
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EXHIBIT "A"
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EXHIBIT "B"
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
C,'v,v;v--•�v,v; v'..".c• �^• •v-. v;.�v,• v;v-v�v�• ,.•,v', .ss' ./^•�• v-. v-�v�i;J'•r- �•7
State of California j
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County of � �S C1�� ,.
On 0 &. .-..4r1 before me, \--'\e\c' i\A S∎N\G. \�Gr\, 1\3Okrkil %.41\■C, >>
Date Here Insert Name and Title of the Officer j
• personally appeared 'g.\QjCr4� �.� . Sao CAA& R�■cQ Q. . Shc cc y,
C J Name(s)of Signer(s)
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who proved to me on the basis of satisfactory
i' evidence to be the person(s) whose name(s) /are ;j
subscribed to the within instrument and acknowledged >>
to me that Pte/shy/they executed the same in >>
liis/ht /their authorized capacity(ies), and that by
hk/her/their signature(s) on the instrument the ;�
.., MARINA SIMONIAN person(s), or the entity upon behalf of which the ��
Commission# 1932419
person(s) acted, executed the instrument. >>
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