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05 2119330
- RECORDED/FILED IN OFFICIA[ RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNlY
CALIFORNIA ..'
10:41 AM SEP 01 2005
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TITLE(S): il)vtill1JJ C/)ld hlfeJ11e~ - 2-36~, ~, Fi'f+h
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LEA D H E E T
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FEE FEE$
DAF$
C-20 J(
CODE
20
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CODE
19
CODE
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D,T.T.
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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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CIIIJ LI n OTI
... THIS FORM IS NOT TO BE DUPLICATED
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RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
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05 2119330
CITY OF ARCADIA
P,O, Box 60021
Arcadia, CA 91066-6021
Attn: CIty Attorney
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXEMPT FROM RECORDING FEE PER GOVT, CODE ~ 27383
NO DOCUMENTARV TRANSFER TAX PER REV, & TAX CODE ~ 11922
II
COVENANT AND AGREEMENT
II
THIS COVENANT AND AGREEMENT IS made and entered into thIs ;$b-rh-day of
~U61 , 2005 ("Dale of Covenant and Agreement") by LUIS BOBADILLA AND
MARIBEL BOBADILLA, husband and wife, as Joint tenants (hereinafter referred to collectively
as "Owners") with reference to the following facts,
A, Owners are the fee owners of that certain real property, commonly referred to as
2308 S, Fifth Avenue in the City of Arcadia, County of Los Angeles, State of CalifornIa, more
particularly described as follows:
PARCEL I: Lot(s) 16 of Tract No, 14359, in the CIty of Arcadia, County of Los
Angeles, State of CalifornIa as per map recorded in Book 292, Page(s) 12 and 13
of Maps, III the Office of the County Recorder of SaId County,
PARCEL 2: That portIOn of the Westerly 100.92 feet oflhe Easterly 511.84 feet
of Lot 110 of Arcadia Acreage Tract, in the City of Arcadia, Book 10 Page 18 of
Maps, in the Office of the County Recorder, bounded Northerly and Southerly by
the Easterly prolongatIon of the Northerly and Southerly lines of Lot 16, Tract
14359, Book 292, Pages 12 and 13, in the Office of the County Recorder
("Property"),
B,
"CIty") is
Property,
The City of Arcadia, a Municipal Corporation (hereinafter referred to as the
the owner of the publIc street and nght-of-way adjacent and contiguous to the
C, The City and Owners are sometimes referred to in this Covenant and Agreement
individually as "Party" and collectively as the "Parties,"
D, The CIty belIeves that the Property IS currently developed with a detached,
oversize garage and workshop ("Garage"), a small dwelling located adjacent to the Garage (the
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"SmalJer Urnt") and a larger dwelling which Owners have demolished or intend to demolish (the
"Larger Unit"), There are two electnc utility meters on the Property, one connected 10 the
Smaller Unit and one connected 10 the Larger Urnt.
E, The Arcadia Municipal Code (the "City Code"), Article IX, Part 5, Section
9251.1.1, provides that not more than one (I) smgle-family dwelling may be located on a
residential lot. In addition, City policy prohibits the installation and maintenance of more than
one (I) electric utility meter on a smgle residential lot
F, The City Code does provide, however, that a residenl1allot with one smgle-family
dwelling urnt may include one (I) guest house that may not be rented, nor equipped with any
kitchen facilities or appliances and that may not contain more than one (I) living room, one (I)
bedroom, and (I) bathroom ("Guest House"),
G. On January 28,2005, Owners and the City entered into that certam Covenant and
Agreement Regarding Accessory Building (Detached Four (4) Car Garage and Workshop)
following the execution of which the City granted Owners a permit to expand Owners' garage to
its current size ("Garage Permit"),
H, In granting the Garage Permit to Owners, the City relied upon representations
made by Owners that the Smaller Unit met City standards for a Guest House, It was the City's
understanding and belief, at that time, that the Smaller Unit did qualify as a Guest House,
1. The Parties agree that if there were two full residences on the Property at the time
the Garage Permit was granted, it was improper and a violal1on of the City Code for the Garage
Permit to be granted, and as such the City may rescmd the Garage Permit and require the Garage
to be restored to its original size.
J, Owners currently desire to demolish the Larger Unit, if they have not yet done so,
and to build a new residence on the Property ("New Home"), In order to build the New Home
Owners must obtam a permit from the ()ty,
K. Owners understand and agree that in order for the City to grant the permit for
Owners to build the New Home in accordance with the plans submitted by Owners and on file
with and approved by the City's Development Services Department/Building and Planning
Division on August 17, 2005 ("New Home Permit"), Owners must bring the Property into
compliance with the City Code,
L. The Parties agree that the purpose of this Covenant and Agreement is to set forth
the City's conditions for approving the New Home Permit, namely the Owners' agreement and
covenant to convert the Smaller Unit mto a Guest House in accordance with City standards and
requirements. The City shall not issue the New Home Permit until the City receives a recorded
copy of this Covenant and Agreement, with evidence of recording clearly indicated in the space
proVided on the first page ofthis Covenant and Agreement.
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05 2119330
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M, This Covenant and Agreement is entered into on behalf of and for the benefit of
the City's land, which is the publIc street and nght-of-way adjacent and contiguous to the
Property, and on behalf of and for the benefit of the "Benefitted Land" which consists of and
includes all the publIc and private land located wlthm five hundred (500) feet of the Property,
N. Owners are willing to record this Covenant and Agreement on the Property to
Implement the Parties' agreement regardmg the conditions for the New Home Permit.
NOW, THEREFORE, for good, valuable and adequate consideratIOn, receipt of which is
hereby acknowledged, Owners hereby covenant and agree, on behalf of themselves and all
successors and assigns to the Property, with the City of Arcadia to fulfill the followmg
obligations:
I, Incomoration of Recitals. The Recitals of fact set forth preceding this Covenant
and Agreement are true and correct and are mcorporated into thiS Covenant and Agreement m
their entirety by this reference,
2, ConversIOn of Residenl1al UTIlt Into Guest House.
a, Owners shall, within eighteen (18) months following the Date of Covenant and
Agreement and at their sole cost and expense, perform all work necessary to convert the Smaller
Unit into a Guest House and complete such conversion m accordance with City standards and
requirements for such dwellIngs, in accordance with thiS Covenant and Agreement and m
accordance with the approved plans for the Guest House, attached hereto as Exhibit "A" and
mcorporated herein by reference ("Smaller UTIlt Conversion"), "Completion of the Smaller Unit
ConversIOn" shall mean receipt by Owners of a certificate of occupancy for the New Home as set
forth m subsection 2(b) below,
b, Until such time as Owners have completed the Smaller Umt Conversion, the City
shall not issue a certificate of occupancy for the New Home and shall withhold approval for
ul1lil1es serving the New Home, Upon notification and request from Owners for an inspection of
the Smaller Unit Conversion, the City Building Official shall be entitled to enter onto the
Property m order to inspect the Smaller Umt. The City Building Official shall determine, in his
or her sole and absolute discretion, whether the Smaller Unit complies with the reqUirements for
a Guest House as described m this Covenant and Agreement' and as set forth on the plans in the
attached Exhibit "A", A certificate of occupancy for the New Home may be Issued by the City
following the City Building Official's approval of the Smaller Unit ConversIOn,
c, Owners shall, at their sole cost and expense, obtam all permits and entitlements
deemed necessary by the City for the Smaller Unit Conversion and for construction of the New
Home,
3. Use and Mamtenance of Guest House, Following the Smaller Umt ConverSIOn,
Owners shall use and maintain the Smaller Unit solely as a Guest House, The City's Guest
House/Accessory Living Quarters Regulations 'are attached to this Covenant and Agreement as
Exhibit "B", Owner shall comply with the attached regulations, as such regulations may be
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05 2119330
)
amended by' the City from time to tIme, and wIth all other applIcable City laws, rules and
regulations pertammg to accessory units or guest homes on residential lots, In accordance with
this requirement, Owners shall not permIt the Smaller Unit to be eqUIpped with any kitchen
facilities or appliances, Owners shall not rent the Smaller Unit and Owners shall not alter or
expand the Smaller Unit from the plans approved by the City BUlldmg Official prior to the
Smaller Umt ConversIon.
4, Citv to Permit Multiple Electric Meters on Ihe Properly In consideratIOn of
Owners' covenant to convert and maintain the Smaller Unit as an approved Guest House, the
City shall permit Owners to keep and maintain the two existmg electric meters on the Property,
However, should Owners fail to comply with the terms of this Covenant and Agreement, the CIty
shaH have the right, among its other remedies, to demand and require immediate removal of the
electric meter located adjacent to the Smaller Umt.
5, Future InspectIons to Determine Compliance, Following the City's approval of
the Smaller Unit Conversion, the City shall have the right, WIthout limitatIon, during normal
business hours and upon providmg twenty-four hours advance notIce, to inspect the Smaller omt
from time to tIme to confirm that the Smaller Unit is and remains in compliance with the CIty
Code and WIth this Covenant and Agreement. Owners hereby grant the City's designated
inspector( s) a license to enter onto the Property for the purpose described in this Section,
6, Default; Enforcement bv Citv; RemedIes, The terms of this Covenant and
Agreement may be enforced by the CIty, ItS successors or assigns, The failure or delay by
Owners in performmg any obligatIon, condition, or provision of this Covenant and Agreement
shaH constItute a default. In such event, City shall give written notice of default to Owners,
specifying the default complained of by City Notwithstanding the foregoing, the City shall have
no obligation to provide written notIce to Owners for failure of Owners to allow inspections as
required under Section 5 of this Agreement. In addition, Owners shall have no cure period (as
descnbed below)' for any failure to allow inspections under Section 5, other than allowing
immediate inspection by the CIty, Failure or delay by City in giving such notIce or asserting any
of its rights or remedIes as to any default shall not operate as a waiver of any default or of any
such rights or remedies, or change the time of default, or deprive City of ItS nght to instItute and
maIntain any actIOns or proceedmgs which it may deem necessary to protect, assert or enforce
any such rights or remedies, Owners shall immedIately commence to cure such default upon
receipt of the written notice of default and shall complete such cure withm thirty (30) days from
the date of receipt of the written notice or such longer period if the nature of the default IS such
that more than thirty (30) days is reqUIred to cure such default, but in any event not longer than
ninety (90) days, Failure to cure such default within the prescribed time shall constitute an
"Event of Default."
In the Event of Default or breach of any of the terms or conditions of this
Covenant and Agreement by Owners, City may take anyone or more of the followmg actions:
a, Rescind the Garage Permit and require that the Garage be restored to its original
SIze;
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05 2119330
}:7
b, Require Owners to immediately remove the electric utility meter located adjacent
to the Smaller Unit;
c, Alternatively and/or concurrently, pursue any other remedy to cure the Event of
Default by any and all means of enforcement, both in eqUity and at law, as provided by the laws
of the State of California, Should City bring an action to enforce the terms of the Covenant and
Agreement in a court of law, the prevailing party shall be entitled to reasonable attorneys' fees,
and reasonable costs of suit. The remedies herein provided for breach of the covenants contained
in tills Agreement shall be deemed cumulative, and none of such remedies shall be deemed
exclusive,
7, Subordination, Owners agree to obtain a wntten, legally enforceable
subordination agreement from each and every successor-in-interest to the Property, Such
agreement shall state that the named successor-in-interest is aware of and agrees to subordmate
its mterest in the Property to thiS Covenant and Agreement. "Successor-in-mterest" as used
herein includes all parties who have an interest in the Property that could ripen into a fee,
mcluding but not limited to deed of trust holders,
8. Payment of Standard City Fee, Owners acknowledge their responsibility for and
hereby agree to pay the standard City fee for preparation and approval of this Covenant and
Agreement.
9, Covenant Running With Land, This Covenant and Agreement shall constitute a
covenant running With the land and each and all of its terms shall be a direct burden upon the
Property, This Covenant and Agreement shall be perpetual and shall pass with the title to the
Property, and every conveyance of an interest m the Property shall be deemed to be made With
reference to this Covenant and Agreement. This Covenant and Agreement is made for the direct
benefit of the City, and it shall be binding upon the Owners and each and every owner of any
interest in the Property and their heirs, executors, admmlstrators, successors, or assigns,
10, Authoritv of Cltv to Enforce Covenants, The City, in its capacity as a benefiCiary
and covenantee of this Covenant and Agreement and in its capacity as the legal representalive of
the residents of the City of Arcadia and more particularly as the legal representatives of all the
owners of the Benefitted Land IS hereby authonzed to enforce the provisions of this Covenant
and Agreement.
11, Severability, 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(s) ,shall not affect the validity of the
remaining portIOns of this Covenant and Agreement which shall remain in full force and effect.
[signatures on following pagel
05 2119330
-5-
1
SIGNATURE PAGE
TO
COVENANT AND AGREEMENT
IN WITNESS WHEREOF, Owners have caused this Covenant and Agreement to be
executed as of the date and year set forth below,
OWNERS:
Dated: Au1- _ 30-f1..--
,2005
~ ~
,~IJ~
I Bobadilla
Dd ^ '2(.+
ate : /t\:~ i2
,2005
'1Y1 ~C fbe-e...;L0-
ManbelBobadllla
CITY:
Dated:
If/.
,2005
~
William R. Kelly
City Manger
APPROVED AS TO FORM:
.
~p,~
Stephen p, Deitsch
City Attorney
05 2119330
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EXHIBIT "A'"
TO
COVENANT AND AGREEMENT
City approved plans for Guest House
[attached behind this pagel
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05 2119330
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05 2119330
EXHIBIT "B"
TO
COVENANT AND AGREEMENT
Guest Housel Accessory Living Quarters Regulations
[attached behind this pagel
, -8-
05 2119330
/0
CITY OF ARCADIA
240 W Huntmgton pi.
Arca,dla, CA 91007
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Gue~t Hc;>use/Accessory Liv~ng' Quarters ~egulations .
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Permitted Zones: , '
Ih~ t~iHHl ar'J9, Rc 1"Single F~l'\lily; zqri~s, q[llot::; ',99nt~il]ingfjfteelJ, tholJs~nd<t 5,POO):
~quarElt~et,6r }T!O(E!th~r~Jll,ay :b~ai:c~ss6'Y'.liv.l!'lg'~qlJ,arterS{:b.:r:lta,ih,~jn Qnly 0~e,(1)
fi~~st~nd!ng, acgesspry bl!.ild!ng(9~51-;i1 ,? &925~,,1,2),.'No, 'i!Pge~::;ciry Iivi!1gq~~,rtl;lI'S
sh~1I be' p;e[l)1itt~din,: the" R.7M, .Rf;l~Lg~nt!~1 'JII1q:\l[lt13iriQl!s,\l?i.ng!~" F 13iT!ily ,'Zo~e (92~9,~,5),
Definition /9251.2.9.2 & 9252.2.9;21:
ACcessoi)ilivfng' quarterslg'ueist houses are living quarters within ah' accessory building
for the sole use of members of the family occupying the main building; persons
employed by arid rel)daririg servIces, exclusively to the family occupying the main
building and rendering such services primarily on the property; and/or the temporary
use by ~uests Of the family,occupyirig the main building,
Reaulations./9251.2.10.3 & 9252:2.9.31: ,
Accessoi)i Living' Quarters/C3uest Houses shall compiy with the following regulations:
1, , Acce::;~ory _,living ,qu~rters/g4~st h9\lSfils may be temporarily use,c! by, 9l!,ests of the
" 'family oc~~pyingthe riiainbuilging~,j:lr6vic::t~d, that such usesh:all not exceed a tcit~1
of th,trty (~Q) days durjnQ :egcti'calendar year,' '
2" , Acc~ssory living quarters/g~Elst houses ,!i~all ,not contpin a sepwate room fQr the
preparation of food, and shall' n'bt cohtalnfaCiiitJes for, the heating or cooking off66d:,'
3, Plumbing facilities for accessory living quarters/guest houses shall be limited to one
bathroom comprised ()~ one toilet, one lavatory and, ohe bathtub' with or without a
shol.i{er head; a water heater not to exceed a c;€lpacitY of 40 gallons, a gas line for a
wall o,r forced-air heating unit, arid a single-ba::;inbar-type sii)k,
4, ACge!lSory living q\lart~rS/gu,est housi3s shall not exceeq six, hung red (600)squ~re
feet of gross floor area and shall not contain more th~n one (1) bec;lroorTi, one living
room ,and one p~throqm, Every room within gn ~cces!lory ,living qUg,rtl?rl?/g~~~t
house other tlian a living' room and a bat~room shall be deemed to be a bedl-oom
whether so gesigna.ted qr not.
5, Every acces~ory living quarters/guest house shall comply with the space and
octuRancy standards of the Uniform Housing Code, in adCljtion to' the ottl~r
appliCable regulations, ' ,
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6, Accessory living quarters/guest houses shall not be rented or otherwise used as
separate dwellin'g units, .,
05 2119330
,
2/16/01
( contrnued)
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7, A covenant in a fOrm approved by the City Attorney shall be required to be filed for
each a~esl?ory living quarters/gl!est house, a(;knowledging that the accesscirylivirig
quarters/g!Jest h.ouse i~ no.t fin ~ddi~ibh~1 dw~II.ingl,!nit, !'in,d" is nqt tQ be rented, the
properj:y:cjwner"is responsiplefor providir'ig' any and' all documents and fees
necessary for the drafting, execution, and recordation of the covenant.
s:., AccE[issorYllving qjJaners/guest h9use~'shalln,orbe' ~ttac~~il to, 8[1Y'dttier acc~~s()rY~
,'lise,or 'str~ctyre\!ind '~ha" not be':witlil~.'ten'(1 0) 'f~e{ 6rariotl1erbl,(ilding,~h.~TI:,riot
'tiave:rD6re:thl;ln..,6~e (1) :sto(Ya[1q"sh~II1:not:~~gee~ l?jJd~er),(16),fE!ef in height ~~H.d
shalicoli1ply'\vlthall bftlle yardan'd'set15ack feiqijir'er(1ents'cit'a maindweTling~' ", \"
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05 2119330
2/16/01
I~
NOTARY ACKNOWLEDGEMENT
STATE OF ~ \;., Q.o ~'C>o.
COUNTY OF \'lh \\'(:Y_\Q."
}
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On \\~~~ .:sO, ,__", 2005, before me, the undersigned notary public,
personally appe \ \" t., \"---, '" \-., n. rl.; \ \ <l\ , - personally
known to me OR - proved to me on the basis of satisfactory eVidence to be the personiX) whose
name('lY is/a'l.;e subscnbed to the withm mstrument and acknowledged to me that he/s~/t~ey
executed the same in hislher/thelr authorized capaclty(ll~S), and that by hls!lter/t~ir signature(~)
on the inslrument the personOi), or the entity upon behalf of which the person(\) acted, executed
Ihe instrument
WITNESS my hand and official seal.
J\~~ Q~pw''''
Signature of otary
. IIIIIIM
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[seal]
05 2119330
RVPUBlHA VIV A SHANE\699216 2
I~
NOTARY ACKNOWLEDGEMENT
STATE OF [7rk \AQo \'.1'0..\0,.-1\
}
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COUNTY OF \".(1 i t\~ ~~
On _(\~\ '3 \ , 2005, before me, the undersigned notary public,
personally appe ed \-\p..\'\bQ. \ \:'-..,,,,\-.o.A:\\c,.,. , -personally
known to me OR - proved to me on the basis of satisfactory evidence to be the personOO whose
name~ ls/ll{e subscribed to the within mstrument and acknowledged to me that hll!she/t~ey
executed the same in his/her/thelr authorized capacity(i~), and that by lu\/her/ttelr slgnature(.s)
on the instrument the person~, or the entity upon behalf of which the person(~) acted, executed
the instrument.
WITNESS my
@ CQj=~
Nalary NlIc . Call1ornla I
l.oI AngeIM Ccu1Iy
MvComm....""""9, 2007
[seal]
05 2119330
RVPUBIHA VIVA SHANEI699216 2