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Recorded /F led in Official Records
Recorder's Office, Los Angeles County,
California
05/02/12 AT 11:58AM
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00005701205
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003944378
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DAR - Mail (Hard Copy)
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THIS FORM IS NOT TO BE DUPLICATED
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P00ages:
06
FEES: 30.00
TAXES: 0.00
OTHER: 0.00
PAID: 30.00
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attomey
City of Arcadia
P. O. Box 60021
Arcadia, CA 91066 -6021
05/02/2012
20/2065382
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(GUEST HOUSE) at 365 W. DUARTE ROAD
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby
acknowledged,
PAUL LEE, A MARRIED MAN, AS HiS SOLE AND SEPARATE PROPERTY Y AND
KENT LI, AN UNMARRIED MAN, AS JOINT TENANTS
hereinafter referred to as "Covenantors ", hereby declare to be the owners of that certain real
property located at 365 W. Duarte Road in the City of Arcadia, County of Los Angeles, State of
California, more particularly described as follows:
Lot 6 of Tract 10726, in the City of Arcadia, County of Los Angeles,
State of California, as per map recorded in Book 185, Pages 31 and
32 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 shown on the attached Exhibit "A" 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 for a wail 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 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
1
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, Covenantors have executed this instrument on the date shown
opposite their signature.
Dated: j° ) 12 , *?
Dated: 2. �. 3 m l:
Dated: 3) iy , 2019
APPROVED AS TO FORM:
l
Steph-n P. Deitsch
City Attomey
-ad\
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"COVENANTORS"
Kent Li
"COVENANTEE"
City of Arcadia
Donald Penman
City Manager
DUAT?TE- RP
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EXHIBIT A
•
EXHIBIT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT COM CODE § 1189
State of California
County of
personally appeared
(re
Here Insert Name and T tle of
MICMXELOMU
Commission #1O11S68
Notary Public - Caiifornia
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My Cornm Expires Sep 28, 2012 t
Place Notary Seal Above
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 he/she/they executed the same in
his/her/their authorized oapaoity(ias), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
| 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' se-at
Signature:
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: -2,1-711
Document Date:
Signer(s) Other Than Named bove:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
O Individual
O Partnor — OUmited 1 Eeneod
O Attorney in Fact
O Trustee
1 Guardian or Conservator
Li Other:
Number of Pages:
Signer Is Representing:
RIGHT TIIIIIVIBPFIINT
OF SIGNER
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Signer's Name:
Corporate Officer — Title(s):
"11 Individual
OPartno/ — OUmited OGonem]
i Attorney in Fact
1 Tmutee
Guardian or Conservator
1 Other:
Signer Is Representing:
RIGHT THUNIBPIIINT
OF SIGNEI,1
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0emo National Notary Association NationalNotary.org 1-8000n NOTARY <1*o0-o76*o27/ Item #5907