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Home My WebLink AboutD-2731:~. r. ~~ a~~~ This page is part of your document - DO NOT DISCARD ~ I ,`~~ ®; Pages: ...: 20070802252 00, , Recorded/Flledin Official Records Fee: 24.00 Recorders Office, Los Angeles County, California Tax: 0.00 Other: 0.00 04/04!07 AT 09:40AM Total: 24.00 '322651 200704040110054 Mail ~~ yQ /..c-e/~'1~r~.f .,irC: AnPeaso~y Bd.'Cd,~ GbV~ ~~ cz~2fi c9 TITLE(S) e I_ __.._. .1. _.____. wum~uaua~Ni Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. - - -- - _ O Number of AIN's Shown eaa~. THIS FORM IS NOT TO BE DUPLICATED S -.. , RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 a. gtl11NI111W COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (GUEST HOUSE) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, RICHARD W. FRICKE AND MERRIE R. FRICKE 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 836 Murietta Drive, in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Lot 86 of Tract No. 11215, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 198 Pages 28 to 30 inclusive 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: l 1. The Guest House, shown on the attached Exhibit "A" and Exhibit "B," shall not be rented; shall not be equipped with any kitchen facilities or appliances; shall not contain more than one (1) bathroom ;shall not contain more than one (1) living room; shall not contain more than one (1) bedroom; and shall not be altered or expanded from the approved Floor Plan as shown on the attached Exhibit "A." 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~n - • - ~~"` 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. z • IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated: 1 ~3 , 2007 Dated: \/~, 2007 Richard W. Fric e "COVENANTEE" "CITY OF ARCADIA," a Municipal Corporation, Dated: ~~ , 2007 '"1 William R. Kelly City Manager APPROVED AS TO FORM: t['`" Stephen P. Deitsch City Attorney 3 rosn ise eis $y Goplb rs wiYJ ~.• ~v- ~ x~ ~m alLSiaJ ~:W 7e i '':93f<~ ifVT '~ ~-(~-~].Tp~c~ o ~ e H ~ e _ } # ~ $ e ;~~3 ~~ ~~ ~ ~~- _ 1 1'1>n cwm ~_aiw ~ i~i~ ! iic~w lay ~9-~ i J 1_ I 1 g ° t~ a _ I ~+ c i~ 6 a i d 4 a < n ~ ~~ ~ ° m ~ ~ ~ ~ '-- -~ - ~ ,~ t _ .a ~~ -~'~_. _ _._ i - .I H an ~_._. v t' EXM6~@T "~4° N~ ~ e a" 99P qq 1`q f3t 3 ;5 3x9 nj EXH~B€T "B" .~ '_ ' :.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ ~ ~ 1 ss. County of t,.fts ~Q1Qi1 J On~cy,~. ~,~ ` (L7, before me, Oale personally appeared L personally known to me proved to me on the basis of satisfactory - e dance IMANIWA IitMONUW Commbdon • 1410608 tblary R~Ik • Ca8(orMa lm Mpela Counts MyComm.6rylresMay9, 2007 Place Notary Seal Above 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/herltheir authorized capacity(ies), 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. WIT SS my han an official seal. ~ o SignaWre of Notary Public OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent /raudulent removal and reattachment o! this Iorm fo another document. Description of Attached Title or Type of Document: _ Document Date: JQ'I~V~O. ~ cal ~ or100~ v Number of Pages: 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 Representing: S Top of thumb here 1 ®199] National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chalswortb, CA 91313-2402 Protl. No. 5907 ReoMer: Call Toll-Free 1-800-876-682]