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/ I ,I 'I RECORDEDIFILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
11:41 AM AUG 29 2005
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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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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
p, O. Box 60021
Arcadia, CA 91066-6021
05 2072412
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COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(POOL HOUSEADDITION TO EXISTING DETACHED GARAGE)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
JANET K. TROXELL, a single woman
hereinafter referred to as "Covenantor", hereby declares to be the owner of that certain
real property located at 474 Walnut Avenue in the City of Arcadia, County of Los
Angeles, State ofCahfornia, more particularly described as follows:
The Easterly 69 feet of the Westerly 138 feet of the Northerly 252
Feet of Lot 3 ofEJ. Baldwin Addition #1 to Santa Anita Colony,
as per map recorded in Book 52, Page 60 of Miscellaneous Records,
in the office of the County Recorder of said County ("Affected Land")
Covenantor hereby agrees and covenants with the City of Arcadia, a Municipal
Corporation (heremafter 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
05 2072412
I. The Accessory Building (pool house addition to an existing detached 3
garage) as shown on the attached "ExhIbit A" shall not be used as accessory living
quarters, shaH not be used as a guesthouse; shall not be rented; shall not be equipped
with any kitchen facilities or appliances; and shall not contain more than one (I)
bathroom (and the bathroom shall not be more than a :y., bathroom); and the accessory
buildmg shaIl not be altered or expanded from the approved Floor Plan shown on the
attached Exhibit "B".
2, If this Covenant and Agreement is breached by Covenantor 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 soley at its option,
may revoke this Covenant and Agreement.
3, Covenantor agrees to notify its 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 heirs, successors and assigns of the owner of the
Benefitted Land, and this Covenant and Agreement shall be binding upon the heirs,
successors and assigns of the Covenantor, 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.
2
05 2072412
IN WITNES S WHEREOF, Covenantor has executed this instrument on the date LJ
shown, I
"COVENANTOR"
Dated: -tl m u:u ' 2005
"COVENANTEE"
City of Arcadia
Dated:
e."t,
, 2005
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William R, Kelly
City Manager
APPROVED AS TO FORM:
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StepHen P. Deitsch
City Attorney
3
ALL PURPOSE ACKNOWLEDGMENT
05 2072412
5
STATE OF CALIFORNIA
COUNTYOt~~~,
On ~d /;? da:t)
before me, dj:;/7'6' /l, ~ff
a Notary Public In and for said State, personally appeared
vAh'e1" f. 7hxctL- "-13 If
personally known to me (or proved to me on the basIs of satisfactory eVidence) to be the person(s) whose name(s) Is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their
authorized 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
WITNESS my hand and official seal
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LOS ANGELES COUNTY ~
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(This area for official notarial seal)
ATTENTION NOTARY Although the information requested below IS OPTIONAL, It could prevent fraudulent attachment of
thiS certlf,cate to another document
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT
Title of Document Type &J/btt4A1T p ~~r
Number of Pages 0
Date of Document dr /~ ~
Slgner(s) Other Than Named Above
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