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06 2251974
ReCORDleROD~6~~b~~b~~~~ReCORDS
SANGElES COUNTY
CALIFORNIA
8:01 AM OCT 10 2006
TITLE(S) : {bVfJItu:J Qe ~<<at ~4Je - J7 C, 41 Fiord
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FEE
D.T.T.
Code 01 - 22.00
Code 20 - 02.00
Code C034 - 001
CODE
20
CODE
19
CODE
9
Grand Tota~ = $24.00
Page Count = 6
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink.
Number of AIN's Shown
...on'"
THIS FORM IS NOT TO BE DUPLICATED
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06 2251974
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
(GUEST HOUSE)
FOR GOOD, VALUABLE AND ADEQUA TE CONSIDERATION, receipt of
which is hereby acknowledged,
SHENG WEI CHO AND HSYUEH-CHIANG CHO
HUSBAND AND WIFE AS JOINT TENANTS
"
hereinafter referred to as "Covenantors", hereby declare to be the owners of that certain
real property located at 27 East Las Flores Avenue in the City of Arcadia, County of
Los Angeles, State of California, more particularly described as follows:
Lot 4 of Tract No. 14036, in the City of Arcadia, County of Los
Angeles, State of California, as per map recorded in Book 295, Page(s)
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 Guest House shown on the attached Exhibit "A" shall not be rented;
shall not contain facilities for the heating or cooking of food; and shall not contain ~
more than one (1) living room, one (1) bedroom and one (1) bathroom. The Guest J
House may contain a water heater not to exceed forty (40) gallons; and may contain a
gas line for a wall or forced-air heating unit. The Guest House shall not be altered or
expanded from the approved Floor Plan shown on the attached Exhibit "A".
Said Guest House may be used temporarily by guests of the family occupying
the main building; provided that, such use shall not exceed by any and all guests, in the
aggregate, a total of thirty (30) days during each calendar year.
2. If this 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, Covenantors 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.
r
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 representatiye ofthe residents of the City of Arcadia and more particularly as
the legal representative of all the owners ofthe Benefitted Land is hereby authorized to
enforce the provisions of this Covenant and Agreement.
2
06 2251974
"
6. If any section, subsection, sentence, clause, phrase or portion of this cf
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.
IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures.
Dated:
J;(6
,2006
"COYENANTORS"
~~
Sheng e Cfto
~
Dated: ,~Oh ,2006
Hs euft-Chlang Cho
"COVENANTEE"
City of Arcadia
,
Dated: 8~ ,2006 ~(;.{
William R. Kelly
City Manager
APPROVED AS TO FORM:
S~R~
Stephen P. Deitsch
City Attorney
06 2251974
3
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NG~EFAMILY RESIDENCE ADDITION
27lJ\S FLORES AVE. ARCADIA, CA.
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State of {~(~;J(A
County of L~ AN~
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On M 6 (~;r~ before me,
personally appeared !)~4 UG?
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tutfrE c#rtJ Ii=??. No7me-r /UI?Zl.t..
(Insert Name of Notary Public and Title)
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perH,n<>lly known to me (or proved to me the basis of satisfactory evidence) to be
the person(sfwhose nameVi11s1~subscribed to the within instrument and
acknowledged to me that he/~ey executed the same in hisRIeFltlleir authorized
capacity(it<S), and that by hisfblm'tlleir signaturRfs1 on the instrument the person~
or the entity upon behalf of which-the,person\81acted, executed the instrument.
Signature
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101 ~ CQMlIy
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06 2251974
ackpMlI {I 2/05)
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County of
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State of
On Mti /(L; >-TtfZ beforeme,WfkE Cflt;) tt~~ ~~L>
(Insert Name of Notary Public an iller
personally appeared (./S,y t/ Ef"/ C'lfl/fn/(j C fIv
-
per-EIlAally !lAIl'I'D to me (or proved to me the basis of satisfactory evidence) to be
the person~ whose name4'if"}llIfIre subscribed to the within instrument and
acknowledged to me that.Refshe/Utey executed the same in -hislher/tfttrir authorized
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capacity~, and that by )Hs1her/tQefFsignature!~~m the instrument the persor:W
or the entity upon behalf of which the perso~cted, executed the instrument,
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WITNESS my hand a
Signature /
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WHEE CHIN LEE
_ fj CommISSIOn #1671690
i NoIory PullIiC . CaIIIomIa
t LeI ~ CCKny i
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06 2251974
ackpara (12/05)