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' a J~x~G 0070100891 Pages:
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01/18/07 AT 01:42PM paid: $0.00
0000088239 200701180010099 Counter
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Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink. Number of:AIN's Shown
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E,;;,,, _ THIS FORM.IS-NOT TO BE DUPLICATED
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
P. O. Box 60021
Arcadia, CA 91066-6021
uniumi
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(POOL EQUIPMENT ROONn - - -
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
MICHAEL J. LUU AND ALLISON WONG-LUU,
CO-TRUSTEES OF THE M.A.E.Z. LUU FAMILY TRUST UDT
MAY 21, 2004
_ hereinafter referred to collectively as "Covenantors", hereby declare to be the owners
of.that certain real property located at 351 West Camino Real Avenue, in the City of
Arcadia, County of Los Angeles, State of California, more particularly described as
follows:
Lot 53 of Tract No. 10993, in the City of Arcadia, County of Los
Angeles, State of Califomia, as per map recorded in Book 193
Pages 39 and 40 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:
J
1. The Pool Equipment Room, as shown on Exhibit "A" and "B," shall not
be rented; shall not be used as accessory living quarters; shall not be used as a guest
house; shall not be equipped with any kitchen facilities or appliances; shall not contain
more than one (1) bathroom (and the bathroom shall not be more than a 3/a bathroom);
and. shall not be altered or expanded from the approved Floor Plan as shown on the
_ _ attached Exhibit `.`B".
2. If this Covenant and Agreement is breached by Covenantors or their
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 their 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 agree to notify their 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 authonzed 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.
z
07 0100891
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IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures.
"COVENANTORS"
Dated: 3~ i5 , , 2007 a/~,~-~~ ~_
Michael Luu
Dated: Sq~ l5~ , 2007 1~1~ ~"
Allis Wong-Luu
"COVENANTEE"
"CITY OF ARCADIA,"
a Municipal Corporation,
Dated: ~~ , 2007 `^^~.1
William R. Kelly
City Manager
APPROVED AS TO FORM:
P ~~v~
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Stephen P. Deitsch
City Attorney
3
0'7 0100891
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01/04/2007 11:12 9497681744 STEVEN PHILLIPS ARCH PAGE 02
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ExHIBIT "B"
0'7 0100891
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
L.OS /~16ECE'S, ss.
County of
On d 1~~t`o ~.20.0~ before me, L.AUKEntT~uf L ~H}tY110~ p~rG
D~ n/1 Name orb iirle of Olfiwr fa.g.,'Jare Doe, Noary Public')
personallyappeared_ mlGigggC. ~-fAU L RII~SON WONG_~.tA4•
Names} cl5ignerls) - -_ . _.-__. _ ___ __ _
personally known to me
/proved to me on the basis of satisfactory
evidence
I/WRENIIUS L CAlIYONO
CammWbrl • 1420196
~ - ~
lMyfornm.6tptres Yviay26, 2007
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that kw/che/they executed
the same in JaiclFier/their authorized
capacity(ies), and that by bic!•aei/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITN S my hand and official seal.
~ ~~
Signature of Notary Public
OPTIONAL
Though fhe information below is not required by law, if may prove valuable to persons relying on fhe document acrd crould prevent
{raudulenf removal and reattachment o/ this /arm to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Individual
Corporate Officer -Title(s):
Partner - ^ Limited ^ General
Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
Signer Is
D1999 National Notary ASSOCIalion•93600e Solo AVe.,PO. Box 2402•ChefsworlM1, CA 913x3-2402•www nationalnotnry.org Pmtl. NO. 590>
Number of Pages:
Tnp of thumb here
Reortlec Cxll TaILFree 1-8006]6682)
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0'7 0100891