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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
04 1050410
Name: ,,_G~ t\..-\hr.-.,-I G~_<lf ~J\e...
Mailing
Address 9. \). ~~"'__IoOOZ.\_
City, State jI, - J. (jt ~b
Zip Code m :c...o. ,\~ J- ,_ 9 ~I.), --_ '&zl
RECORDEDIFILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CAUFORNIA
4:01 PM APR 28 2004
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TITLE(S) :
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Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink.
Number of Parcels Shown
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THIS FORM NOT TO BE DUPLICATED
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04 1050410
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
(DETACHED GARAGE - ATTIC SPACE)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERA nON, receipt of
whIch is hereby acknowledged,
MICHAEL A. DALEO AND MARILYN L. DALEO, TRUSTEES OF
THE MICHAEL A. DALEO AND MARILYN L. DALEO 2001 REVOCABLE
TRUST
hereinafter referred to collectively as "Covenantors", hereby declare to be the owners
of that certain real property located at 618 Flammgo Way in the City of Arcadia,
County of Los Angeles, State of California, more particularly descnbed as follows:
Lot 5 of Tract No. 22335, in the City of Arcadia, County of Los
Angeles, State of California, as per map recorded in Book 695,
Page(s) 71 and 72 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 Afft,:cted 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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04 1050410
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I. That the attic space inside the garage shown on ExhIbit "A" shall not be
used as habitable space and shall be accessed only by a pull down ladder.
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 any
such legal action, Covenantors or their successors or assigns shall be liable for the
reasonable attorney fees of Covenanlee, 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. Coven an tors agree to notify their assigns and successors in interest in the
Affected Land of this 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 owner 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 decision shall not affect the
validity of the remaining portions of this Covenant and Agreement.
2
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IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures,
"COVENANTORS"
Dated: t(AY- ,2004
c:l)A~QJ o. Do..&-
Michael A. Daleo, Trustee
,2004
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Marilyn L. aleo, Trustee
Dated: Lf - f J..j-
"COVENANTEE"
City of Arcadia
Dated:
{.t(
,2004
~l1a\MJJ
William R. Kelly
City Manager
APPROVED AS TO FORM:
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Stephen p, Deitsch
City Attorney
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1050410
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of Callforma
County of J,(l' (\~l' \'U\.
On (\,.- ~l \ \'-\ I dOtl'-\ before me, ~,~i\.~ ~,,\V\()"'\C\ V\
~ 0. ~nTllltdOfDc>Mf.~''''''''Dw,NalaryPubk'')
personally eppeered \-\\dr-...O\"-~ \>.... \""\r.\l1..oT'-- G\<\d t-{o.'I'~L, '^ \ Onk.,..
NrlImIItljdS91et1I) \ ~ ...
~personel/y known to me
o proved to me on the baSIS of salisfactory
evidence
} ss.
to be the person(s) whose name(s) Ij;iare
subscribed to the within instrument and
acknowledged to me that t\'>/s~eMey eXe<:uted
the same in hl~~r/their authorized
capacity(les), and that by h~er/their
s'gnature(s} on the instrument the person(s}, or
the entity upon behalf of which the person(s)
acted, executed the instrument.
SS my hand an~1 seal.
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~"Drllill
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1llI...... Counlr
MrCanlft, ...........,
OPTIONAL
Though the Information below Is not requIred by law, It may prove vafusbJe to ptJlSOOS re/yfng on thff document and could prevent
- fraudulsnt IT1movsl and reattachmsnt of this form to anothtlr document
Description of Attached Document
Tille or Type of Documen6\J ~"'o...'" ~ Il. ~ ree-M. Q ,II.-\.
Document Date' ~... , \ \ ~ I ~o () ~ Number of Pages: :.-:>....
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - litle(s):
o Partner - 0 Limited 0 General
o Attomey'in,Fact
o Trustee
o Guardian or Conservator
o Other
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Signer Is Representing:
01m fqllonaf Notary AAocIatbn -i3S0Oe So4oA...., PO 6oll2402' Chatftorlh. CAi131$.2402' www.t\llflorlU1otatyorg
Pnxt.Ho saar
R~r c.r ToI'.Free l-<<lO-1576-8U7