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RecaWedlFiled In Omclal RecoMa Fees:
Recorders Otfice, Los Angeles Carty , Taxes: $27.00
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Other: $0.00
- 02!28107 AT 08:OOAM Pad ~~~
$27.00
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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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.RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
P. O. Box 60021
Arcadia, CA 91066-6021
02!28/07
I IIIIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
.20070432676
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(GAME ROOM AND WORKSHOP)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
RONALD. W. ELLIS AND AMY M. ELLIS
HUSBAND AND WIFE AS JOINT TENANTS
hereinafter referred to collectively as "Covenantors", hereby declare to be the owners
of that certain real property located at 48 Woodland Lane, in the Ciry of Arcadia,
County of Los Angeles, State of California, more particularly described in the attached
Exhibit "A" incorporated herein as part of this Covenant and Agreement.
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, whichis the public street aridrfght-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 Game Room and Workshop, shown on the attached Exhibit "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'/4
bathroom); and shall not be altered or expanded from the approved Floor Plan as
shown on the attached Exhibit "C."
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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.
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.
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IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures.
"COVENANTORS"
.Dated: a - I3 , 2007 ~"v ~
Ronald W. Ellis _ . _.~,: - _
Dated: ~- ~j , 2007 /
Amy M. Ellis
"COVENANTEE"
"CITY OF ARCADIA,"
a Municipal Corporation,
Dated: ~'~ , 2007 - °~J
William R. Kelly
City Manager
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
3
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIF RNI
COUNTY OF S NCeQ,,(.S 11
On ~~• ~ 2~~_beforeme 1~~~1 A- `bowman, ~~~~~ ~JtIO~1G
WITNESS my hand and official seal.
=---=~_r__ _.._~~._~..
II NIKOL A. BOWNrAh I
COMM. tl1442281 c>
~' Z ~ NOTARY PI!BLIC - CALIfORNIA Q
LOS ANGELES COUNTY
~~ My Comm. Expires Sept 28, 2007 ~~
Affix Notary Seal Here
*************«~****"OPTIONAL***************~****
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
ATT
INDIVIDUAL
CORPORATE OFFICER
Title(s)
^ Partner(s) ^ Limited
^ General
^ Attorney-In-Fact
^ Trustee(s)
^ Guardian/Conservator
^ Other:
~v~NUn+ o,~ci Ao,reeyv~en+ I~AccessoYy
Title or type f document ~~ I ~ , vxG
Number of Pages
Date of Document
Signer is representing:
Name of person(s) or entity(ies)
Signer(s) other then named above
hJ
,,t
01
personal~)y~known to me (or proved to me on the
basis of satisfactory evidence) to be th erson(s) whose name(s) is#~E~ subscribed to the within instrument
and acknow~ledged to me that+ielsFl~Ltxecuted the same in tns/tierL~Ei~r authorized capacity(ies), and that
by hisgaerl~ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
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EXHIBIT "A"
PARCEL 1:
LOT 38 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 TO 29 INCLUSIVE OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
THE SOUTHERLY 25 FEET OF LOT 37, SAID 25 FEET MEASURED AT RIGHT ANGLES TO THE
SOUTH LINE OF SAID LOT 3T, 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 TO 29
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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EXHIBIT "C"
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Arcadia, CA