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, , '05 0937802
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'\"'- RECORDED/FILEO IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
8:04 AM APR 22 2005
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TITLE(S) : 11~0 (0/ VtW\ h ,'q Q04 d I !tv CC{ t:Lt fA.
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Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink.
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Number of AIN's Shown
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05 0937802
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
(POOL HOUSE)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
TONY S. A Y AD AND SUSAN LA WI
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 1125 Columbia Road in the City of Arcadia,
County of Los Angeles, State of California, more particularly described as follows:
Lot 23 of Tract 113594, in the City of Arcadia, County of Los
Angeles, State of California, as per map recorded in Book 288,
Page( s) 20 and 21 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:
"
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1., The Pool House shown on the attached Exhibit ~'A" shall not be converted
to or used as accessory living quarters; shall not be used as a guest house; shall not be
rented to other parties; shall not be eqUIpped with any kitchen facilities or appliances;
shall not contain more than one (1) bathroom (and the bathroom shall not be more than
a v... bathroom); and shall not be altered or expanded from the approved Floor Plan
shown on Exhibit "B" attached hereto and incorporated herem by reference,
3
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 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, ifthis Covenant and Agreement is breached, the City of Arcadia 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 ofthe 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.
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
05 0937802
IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures.
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"COVENANTORS"
Dated: J 13/ (
,2005
fsl~
Tony ~yad
Dated:~, 2005
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Susan Lawi
"COVENANTEE"
City of Arcadia
, Dated:
~i7
,2005
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William R. Kelly
CIty Manager
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
3
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
s
State of California
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On \\a.('c"-. ~ \ . J 00 S- , before me,
Dale '
County of
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personally appeared \011\\..1 '5
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fa ~~.~0608
NaIlIIY NlIc . CallIomIlI
IOIMgMo Ccudy -
Mve-n. Expns """". 2007
Plactl Notary Seal Aboye
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\-\C\~,"'Cl. ';S'-MCt\,o.'t\
Name and Tille 01 Officer (e 9 , "Jane 000, Notary Public")
k~t\ O;c~ >-"'''0.:;-' \.DJIO"
erne s)clSI9I\&r(s}
o personally known to me
.>il; proved to me on the baSIS of satisfactory
eVidence
to be the person(s) whose name(s) Istare
subscnbed to the within Instrument and
acknowledged to me that h\:ts~etthey executed
the same in h'lsth~rtthelr authonzed
capaclty(ies), and that by h\,<;ttlertthelr
slgnature(s) on the Instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the Instrument
fllelal seal
SIgn81ureofNolary Public
OPTIONAL
Though the mformatlon below IS not reqUired by law, It may prove valuable to persons relymg on the document
and cO/,lfd prevent fraudulent removal and reattachment of thiS form to another document
Description of Attached Document \
Title or Type of Document ~..J P~Cl."'-'(
Document Date \-\o..~<'\.t.. "':l... \
Slgner(s) Other Than Named Above
l\.. ~f?'~""''I'lk~
~ O{) " Number of Pages
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Capacity(ies) Claimed by Signer
Signer's Name
o IndiVidual
o Corporate Officer - Title(s)
o Partner - 0 L,mlted 0 General
o Attorney In Fact
o Trustee
o Guardian or Conservator
o Other
RIGHT THUMBPRINT
OF SIGNER
TOp of thumb here
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Signer Is Representing
I,
Reorder Call Toll-Free 1-800-876-6827
C 1997 National NolaryAssoclatlon' 9350 De SotoAye, PO Box 2402' Chalsworth, CA 91313-2402
Prod No 5907
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TONY a SUSAN AYAD
112S COLUMBIA RD.
ARCADIA, CA. '1817-6111
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EXHIBIT "0"
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ron rou.te DESIGNS
3281 'east orian4o roo4
<,PA.-.rhlA, CA 9110'l' (('2616M-9999
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TONY" SUSAN AY AD
1115 COLUMBIA RD.
AIlCADIA, CA. '1187-t11l