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05 1046567
RECORDEDlFllED IN OFFICIAL RECORDS
RECORDER'S OFFICE
&. LOSANGElESCOUNTY ~
CALIFORNIA 'J;' ,
8:04 AM MAY 042005
TITLE(S) : Gvtvtaq-UVtd./M (aWl(~ (~ Re(N~-~ ~
dLf~ 5. S<cor'ld NCh~e.
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LEA D SHE E T
FEE D.T.T.
FEE $22 ZZ
OAF $2
C-20 6
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
ITIIJ - ITIJ - ITIJ
... THIS FORM IS NOT TO BE DUPLICATED
ITIJ
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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
05
104G507 .
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COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(RECREATION ROOM)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
MICHAEL CHENG, A MARRIED MAN AS HIS SOLE AND SEPARATE
PROPERTY AND BINH K. DO, A MARRIED MAN AS HIS SOLE AND
SEPARATE PROPERTY BOTH AS JOINT TENANTS
hereinafter referred to collectively as "Covenantors", hereby declare to be the oWners
of that certain real property located at 2424 S. Second Avenue in the City of Arcadia,
County of Los Angeles, State of California, more particularly described as follows:
Lot 4 of Tract No. 12565, in the City of Arcadia, County
of Los Angeles, State of California, as per map recorded in
Book 259, Page 31 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 th~ "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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Q5 1(l'l-6567
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1. The Recreation Room shown on the attached Exhibit "A" shall not be
converted into livable space or a guesthouse; 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 % bathroom); and shall
not be altered or expanded from the approved Floor Plan shown on the attached
Exhibit "B".
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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, if this 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 ofthe 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 hem, 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 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.
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IN WITNESS WHEREOF, Covenantors have executed n11S instrument on the
date shown opposite their signatures. ".,;-, 'f
"COVENANTORS"
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Dated: ? - 2.2' -~~2005
~~//
Michael Cheng
Dated:~, 20?5
B!MftJJZ
"COVENANTEE"
City of Arcadia
Dated:
~tt>
,2005
~
William R. Kelly
City Manager
APPROVED AS TO FORM:
~().~
Stephen P. Deitsch
City Attorney
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Q5 1046567
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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,
State of California
Cou nty of
Ln s;. ANt.-c-le-S
} ss,
ttoN&- ff. k-&
,
Name and Title of OlTicor (e g, "Jane Doe Notary PublJc")
ft U,'cMcL CHEiN lr :.-----:--:
Nama(s) of Slgner(s) ]
o personally known to me
~oved to me on the basIs of satisfactory
eVidence
to be the person(s) whose name(s) Is/are
subscnbed to the within Instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authonzed
capacltY(les). and that by his/her/their
slgnature(s) on the Instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the Instrument
WITNE
On
~-~'Y-7--o0.r ,before ;e.
f31' N-# DO
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OPTIONAL
Though the mformatlon be/ow IS not reqUired by law, It may prove valuable to persons re/ymg on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document _ V.... A I A-. , T
Title or Type of Document C-o =VTf f\I
1- t\- f:rf!-cgMe:fv T
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Document Date
:3-GSf-~or
Number of Pages
RIGHT THUMBPRINT
OF SIGNER
TOp of thumb here
C 19~ National Notary AI5OClallon' 9350 De Solo Ave. PO Box 2402' Chlltswortll, CA 91313-~' _ nallC<lalootaryorg
Date
personally appeared
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. HONG H. LEE
COlMllssIon. 1510783,
Nolay PublIC . CaI10Irla
Los AnQetes County
, MvCorrm~ n:mJ
Place Notary Seal Above
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S'gner(s) Other Than Named Above
Capacity(ies) Claimed by Signer
Signer's Name .
o Ind,v,dual
o Corporate Officer - Tltle(s)
o Partner - 0 Limited 0 General
o Attorney In Fact
o Trustee
o Guardian or Conservator
o Other
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S'gner Is RepresentIng
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Prod No 5907
RlIOrd.r C.UToIIFr881./1OO-876-6827
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