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RECEIVED
jUN 12 2006
CITY OF ARCADIA
CITY CLERK
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06 1136700
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RECORDED/FILED IN OFFICIAL RECOROS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
2:41 PM
MAY 232006
TITLE(S) :
covenant ~nd AfJreel11fl-wf refjarri.i"!} Acces)"o'l Blv/ildi'1g
(pelzickJ ~iA.II<fr~~) at 21 25 ~. 8ald \AI;n AVenlAe
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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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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
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COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(DETACHED BUILDING)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERA nON, receipt of
which is hereby acknowledged,
ANNE YU PUNG, An unmarried woman
hereinafter referred to collectively as "Covenantor", hereby declares to be the owner of
that certain real property located at 2125 S. Baldwin Avenue in the City of Arcadia,
County of Los Angeles, State of California, more particularly described as follows:
The Easterly 270.00 feet of the Northerly 132.00 feet of Lot 4, in
Block "0" of Santa Anita Land Company's Tract, in the City of
Arcadia, County of Los Angeles, State of California, as per map
recorded in Book 6, Page 137 of Maps, in the office of the County
Recorder of said County ("Affected Land").
Covenantor hereby agrees and covenants 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:
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1. That the existing detached accessory buildings shown on the attached
Exhibits "A", "C" and "E" shall not be used as accessory living quarters; shall not be
used as guesthouse; shall not be rented; shall not be equipped with any kitchen
facilities or appliances; shall not have more than one bathroom (and the bathroom shall
not be more than a % bathroom); and shall not be altered or expanded from the
approved floor plan shown on Exhibits "B" and "D".
2. If this Covenant and Agreement is breached by Covenantor or its
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, Covenantor 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. Covenantor agrees to notify its 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.
2
06 1136700
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IN WITNESS WHEREOF, Covenantor has executed this instrument on the date
shown opposite his signature.
"COVENANTORS"
Dated: id- /
,2006
Ai1Z Y
"COVENANTEE"
City of Arcadia
Dated:
-fAb
,2006
W.t{
William R. Kelly
City Manager
APPROVED AS TO FORM:
~P.~
Stephen P. Deitsch
City Attomey
06 1136700
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10
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~.~~~6~
State of California
County of . LD-.:) ~f8.
On ~\ \?")61t\Cl~ before
Dala
me,
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~a
~ne-
Cfv,..hJL~
personally
appeared
Name and litl~Officer (0 g. "Jane Doe, olary PublIC")
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Na (8) 01 Slgner(s)
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o pe~allY known to me
~ved to me on the basis of satisfactory evidence
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/her/their
authorized capacity(ies), and that by hislher/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law. it may prove va uable to persons relying 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(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
TOp of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top 01 thumb here
Signer Is Representing:
Signer Is Representing:
~~ _~~"'" "" ~:~~""""'" ~ _;~'~.~;~;~.~.'C ~ ~ g Ii:"': ~'--n'i1:": ~~: ~~
C 2004 National Notary Association. 9350 Do Solo Ave, PO. Box 2402. Chalsworth. CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1.BClO-876-6827
06 1136700