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Home My WebLink AboutD-2704 , ~ This page is part of your document - DO NOT DISCARD !....J . ~,..... rt ~ , 06 1799162 RECEIVED CITY OF ARCADIA CITY CLERK ReCORDEOIFILED IN FFlClAl. ReCORDER'S OFFICE lOS ANGELES COUNlY CAliFORNIA SEP 11 2006 8:01 AM AUG 14 2006 TITLE(S) :~ t eetJLt~ ~ - ILtf4 DtJL U'vk~lou lDlt d. ~ ~ LEA 0 E T FEE fEE $ 0. ' W 1 OAt= $ C-20 D.T.T. , CODE 20 CODE 19 CODE 9 Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown ~ THIS FORM IS NOT TO BE DUPLICATED ~ " . , .. " 11 .\', RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066-6021 06 1'799162 COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING (RECREATION ROOM) FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, KENNETH TERRY AND CATHY TERRY Husband and Wife as Joint Tenants hereinafter referred to as "Covenantors", hereby declare to be the owners of that certain real property located at 1444 Oak Meadow Road in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Lot 22 of Tract No. 11013, in the City of Arcadia, County of Los Angeles, State of California, as per Map recorded in Book 262, Pages 45 and 46 of Maps, in the Office of the County Recorder of said County ("Affected Land"). Covenantors 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: 1 ,. ", 06 1799162 ?J I. That the Recreation Room 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; shall contain only one (1) % 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 Exhibit "B". 2. Ifthis Covenant and Agreement is breached by Covenantors or 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 such legal actions, Covenantor or their successors or assigns shall be liable for 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 Affected Land of their 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 owners 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 ofthe 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 decisions shall not affect the validity of the remaining portions of this Covenant and Agreement. 2 06 1799162 ~ IN WITNESS WHEREOF, Covenantors have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated: T -:5 ,2006 im Kenneth Terry Dated: 7/ /; / ,2006 I "COVENANTEE" City of Arcadia Dated: if{J\ ,2006 ~ William R. Kelly City Manager APPROVED AS TO FORM/ ~ 9.ld-uli:t' Stephen P. Deitsch City Attorney 3 -~ TERRY RESIDENCE 1444 OAK MEADOW RD. ARCADIA, CA. 91006 - STRAIGHT EDGE - DRAFTING &; DFSIGN , A FREELANCE GROUP ) """",.."." -_.....~- 0-... 1 I ....d I ~...... ----- ",-ry II ......x'" II I "'...... I ~ --~- ......~ 00 o IiJ! ill o PLOT PLAN / SITE PLAN SCALE: 1/32" = 1'_0" I'" EXHI16IT A o (jj N o c:. ,.. -..1 ~ ~ J-l. 0': ~ '-" t- o in :;- r- ~ in $ g> ';> Ifl -.- 0 ~ N 9'-l- j" f :.. , .. o 2'-3- 5'-6- ~ II II II II 110 II I II II II II RECREATlp~ ROOM II D II II II -II II II r II I c.T!<. II c.lR. I II ~/ II (100\1 TO 36- LANDIH6 18'-6" t" MAX. 1?ROP TO 96" 24'-0" ~ Exlfll!l1T we" \ / . \ /8 \ / \ '1'6 ~ Q ';> 9 10'-0' (;) (;) (;) ~ -~ o 0':> ,.. -..1 ~ ~ J-l. 0': t':I ~ r . 06 1799162 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } Counly of .Jj)S, .1\7J6feL,e' .s ss. before meY t bk lOLMA7J 0"'1/" 1.1 personally appeared ~Nf?'Pt- D7- O~ - Oft:, On ~~(eg"JaneOoe.NotaIyPUbllc1 Name(s)oISlgner(s) o personally known to me ~ved to me on the basis of satisfactory evidence r(j ~=.\ NoIQIV P\lIllIC - CaIlOfIlID ! I ,..; lOt AngIII8S C<J4rlV i r _ ~~.~~'2,~ - to be the perso~ whose nam~ iS/~ subscribed to the within instrument and acknowledged to me that he/sl1ll1lhey. executed the same in his/~ authorized capacitl1~ and that by hisllllll :ll.eir signature~n the instrument the perso~ ~)r thX1nt't upon behalf of which the person(1ll.. act d, ecuted the mstrume WI S ha~' SlQnatureolNotary OPTIONAL ough the information belOw is not required by law, ,t may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - lille(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: . Top of thumb here Signer Is Representing: c.'9990 National Nolary "ssoclIl\Jon . rose De Solo ,....Il . PO Box 2402' Ch;l\swonh, CA. 913\'3-2402' W'HW ntl\lo:malno\aT)' 0fY ?lod No &907 l'\eon:le-r Ca"To\\-F'6111-aro.a76.e827 I " ,I I . " 06 1799162 , . ' ~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~R~ - "(l'..Z1: -~ l'!::r.: ~~H~~ ~ ~ Rtl~~ State of California Los /h11{ t'k.s v ...., / b 10 {, before , Dale } ss. V LA rY1 A/o/7ir tlbkc County of On me, personally appeared f!tlfhY Name and litle of OffIcer (e,g., "Jane Doe, Notary Public") Terrv / Name(s) 01 Signer(s) 1- - - - - : ~=~ - - - e Co....u.,. 1481425 J I Notay PIlbIic - CaJfomIa I j Los Angeles County f _ _ ~ ~~E~~~s.:.~ D personally known to me ~oved to me on the basis of satisfactory evidence to be the person~ whose namec.sYatarG-subscribed to the within instrument and aCkn~~dged to e that .fleI8/tAey executed the same in . e Itheit- authorized capacity~, and that by . e Ileif- signature~ on the instrument the perso , or the entity upon behalf 01 which the person(eY acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. -P~:~P"b1" OPTIONAL Though the iflfonnation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaNachment of this form to another document. Descriptl of Attached Document Title or Type of Dent: 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: RIGHT THUMBPRINT OF SIGNER Top of thumb here In . ual Corpora fficer - Title(s): Partner - 0 . Attorney in Fact Trustee Guardian or Conservator Other: RIGHT THUMBPRINT OF SIGNER Top of (humb here Signer Is Representing: Signer Is Representing: iJ' ti 7M.'~'1l M. ~'~"lV' IT ~ ~ ~ 3. ~ ~J a' !i. SW'U"W~ M 3 g s "L'~'1l''C'''t:...&.~ C 2004 Nallonal Notary Association. 9350 De Solo Ave, P.O. Box 2402' Chatsworth, CA 91313-2402 Item No. 5907 Reorder. Call Toll-Free 1-800-876-6827