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w~ 20070261078 Pages:
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RecordedlFiled in Official Records Fees: $zq_00
RecordeYS Office, Los Angeles County , Taxes: $0.00
California
Other: $0.00
02/06/07 AT 12:49PM paid: $24.00
0000192909 200702060030052 Counter
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Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink.
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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
oziosio~
20070261078
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(STORAGE-ROOM ADDITION TO EXISTING DETACHED ACCESSORY
STRUCTURE)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
JESSE J. CHAU AND MONICA CHENG-HUNG CHANG
Trustees of THE CHAU/CHANG FAMILY TRUST
dated August 4, 2004
hereinafter referred to collectively as "Covenantors", hereby declare to be the owners
of that certain real property located at 80 West Orange Grove Avenue in the City of
Arcadia, County of Los Angeles, State of California, more particularly described as
follows:
Lot 90 of Tract No. 10955, in the City of Arcadia, County of Los
Angeles, State of California as per map recorded in Book 191
Pages 27 to 30, inclusive of Maps, in the office of the County
Recorder of said County ("Affected Land").
EXCEPT that portion thereof included within the southeast lines
of Tract No. 11074, in the City of Arcadia, County of Los
Angeles, State of California, as per map recorded in Book 197,
Pages 27, 28 and 29 of Maps, in the office of the County Recorder
of said County.
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0'7 026107 8 3
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. That the Storage Room addition to the existing detached accessory
structure which including anexisting'/a bathroom, as shown on Exhibit "A," shall not
be used as accessory living quarters; shall not be used as a guest house; shall not be
rented; shall not be equipped with any kitchen facilities or appliances; and shall not be
altered or expanded from the approved floor plan shown on 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 authorized to
enforce the provisions of this Covenant and Agreement.
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07 0261078
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.
IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown=opposite their signatures.
"COVENANTORS"
Dated: ~ - `f' , 2007
Dated: ~L~, 2007
Jess . Chau
omca$ _ eng-Flung Chang _ _
"COVENANTEE"
City of Arcadia
Dated: ~`~ , 2007 ~~- 1pJ
William R. Kelly
City Manager
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
3
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,ENERAL NOTES..
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0'7 02b10"lei ~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Rt~Q~QA } ss.
County of l S
On ~V~ ~~ ~~~ before me,
D
personally appeared
_ CommWbni111060!
NpeN~ CorrAlly
W Comm. Bq~Mrt Mow9, 200
Public')
^ personally known to me
~Q proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) ~/are
subscribed to the within instrument and
acknowledged to me that ~/site/they executed
the same in f~is/R~rltheir authorized
capacity(ies), and that by Kjslf•erltheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNE my hand a d fficial seal
Signature of Notary Pu Lc
Place Notary Seal Above
OPTIONAL
Though the in/ormation 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 loan to anofher document.
Description of Attached
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Number of Pages:
^ Individual ~ •
Top of thumb here
^ Corporate Officer Title(s):
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signerls Representing:
C
® 199] National Notary Association • 9150 De Solo Ave., PO. BoM 1402 • Chatawotlh. CA 9131&2402 Protl. No. 590] Reortlar: Call Toll-Free 1-800-e]6E821