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20070532543 0007
Recorded7Filed in Official Records Fees: $24.00
Recorders Office, Los Angeles County, Taxes: $0,00
California
Ot her: $0.00
03/12/07 AT 09:01 AM paid $24.00
0000251516 200703100770051 Mail
TITLE(S) A f r-e n' ° -nT 4- /Y- N�e�sSary
I IIINI I II II IIN INI III I I NINII I I II IIIII IHI II
L E A D S H E E T
i
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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F ,,,, THIS FORM IS NOT TO BE DUPLICATED a:
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
P. 0. Box 60021
Arcadia, CA 91066-6021
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(DETACHED UNENCLOSED CABANA)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
WESLEY R. LIND AND ARLETTE LIND, AS TRUSTEES UNDER THE
WESLEY R. LIND AND ARLETTE LIND LIVING TRUST DATED
OCTOBER 30,2000
hereinafter referred to collectively as "Covenantors", hereby declare to be the owners
of that certain real property located at 285 West Foothill Boulevard, in the City of
Arcadia, County of Los Angeles, State of California, more particularly described as
follows:
Lot I of Tract No. 10617, in the City of Arcadia, County of Los
Angeles, State of California, as per map recorded in Book 189
Pages 12 and 13 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
I . The detached unenclosed cabana, as shown on Exhibit "A" shall not be
rented; shall not be fully enclosed or converted into livable space; shall not be
equipped with any kitchen facilities or appliances; shall not contain more than two 3 /4
bathrooms; 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 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.
Gi 0552'543
IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures.
Dated: t 1 2006
Dated: '§Y t 2006
Dated: L 2007
• • • � /��ZT. �7��17u�1
P /of
Stephen P. Deitsch
City Attorney
"COVENANTORS"
Wesley ind
Arlette Lind
"COVENANTEE"
City of Arcadia
William R. Kelly
City Manager
3
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
I' State of Californn/i'a'�
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County of
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On — Cdw�l3f7 �( ?f/0 U before
me, 9 S - `�� GIV07*0>: /7uiSU C ,
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1 Neme etq Titb al 011ker Jag, ',Jana Doe, Pi '
personally appeared In/�Z �.
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Neme(s) d Soarers)
❑ personally known to me
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evidence
to be the,person(s) whose name(s)_i ar _
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- subscribed to the within inst Tent and
BOBBY S. Yu
COmmbdon
acknowledged to me that he /she ey executed
the same in ' his/her he authorize
A 1688010
Wallot ary Pubille - California
capacity(ies), and that by his /her air
the instrument
Lw AnBeIN County
signature(s) on the persons , r
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the entitylupon behalf of which the person(s)
acted, executed the instrument.
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WITNESS my hand and official seal.
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Sl9neuire lotery Public -
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons ralging 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:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
~
❑ Individual
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❑ Corporate Officer — Title(s):
0 Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
- C 1999 National Notary Association - 9350 be Solo Ave.. P0, e x 2402 • Chatmodh, CA 91313.2402 • www.nationalnotary.oM Pow No 5802 Reoroa: CaV TAFaa l -B 6E 27
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