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. RECORDER'S OFFICE
~. LOS ANGElES COUNTY >~
I ~ CAlIFORNIA, ......&,,<;;5
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1111:01 AM Jut 14 2004
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Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink.
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of ArcadIa
p, 0, Box 60021
Arcadia, CA 91066-6021
04-1797745
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(POOL HOUSE)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which IS hereby acknowledged,
WEN HUI CHAN AND UK LAW,
Husband and Wife as Joint Tenants
hereinafter referred to collectively as "Covenantors", hereby declare to be the owners
ofthat certain real property located at 456 Walnut A venue the CIty of Arcadia, County
of Los Angeles, State of California, more partIcularly described as follows:
The Southerly 222 feet of the Northerly 252 feet of the Easterly
208 feet of Lot 3 ofEJ. Baldwin's AddItIon No.1 of Santa Anita
Colony, in the County of Los Angeles, State of California, as per
map recorded in Book 52, Page 60 of Miscellaneous Records, III
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. That the Accessory Building (Pool House) on Affected Land, more
particularly described in the attached Exhibit "A", shall not be used as accessory living
quarters, shall not be used as a guest house, shall not be rented, shall not be equipped
with any kitchen facilities or appliances, shall contain only one (l):y., bathroom, and
shall not be altered or expanded from the approved floor plan shown on Exhibit "A",
2. If this Covenant and Agreement is breached by Covenantors or their
successors or assigns, Covenantee is hereby authorized to bring an action m 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 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 soley
at its option, 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 heirs, successors and assigns of the owners of the
Benefitted Land, and this Covenant and Agreement shall be bindmg 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 Bene~t1;e(.j Land is hereby authonzed 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
04 1797745
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IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures.
"COVENANTORS"
Dated: j ulj
,2004
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Dated: JU.11
,2004
Lik Law i/~
"COVENANT~~'
City of Arcadia
Dated:
i.~1J
,2004
J~
WIlliam R. Kelly
City Manager
APPROVED AS TO FORM:
~~~
Stephen P. Deitsch
City Attorney
04 1797745
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WALNUT STREET
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1797745
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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Lo 5' Afl)-f Je5
~1ulf I ~ :><J6Ci before me, J:loretlte c.A4.nJ-
I Ollte H .. L Name and Ti~8 of Olhcer (ll g "Jao& Doe, Notary PublIC")
personally appeared - wen VI Cf1tiV1 arid) ,-}< low -
Name(s) ot Sognor(s)
County of
On
o personally known to me
~proved to me on the baSIS of sallsfactory
eVidence
FLORENCE CHANG
. Commission # 1392188 z
< Notary Public - California ~
z ..,,; ~
-z Los Angeles Counly
" My Comm Expires Dee 29. 2006
to be the person(s) whose name(s) """are
subscribed to the within Instrument and
ael(f1~..I~dl:l<;;d 1... FIla ttoLat I'l.o..'sl::la/they executed
the same In Atefher/thelr authorized
capacltY(les), and that by -m.I!1er/thelr
s,gnature(s) on the Instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the Instrument
hand and official seal
OPTIONAL
Though the mformatlOn below IS not reqUIred by Jaw, II may prove valuable to persons relymg on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document cOn ventil1t OM) P5ree"'.e\A~.:q(J)~ ()((~/ l/~'
Document Date .N' / Ii Number of Pages 3 .
S,gner(s) Other Than Named Above
/V/~
Capacily(ies) Claimed by Signer
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Signer's Name
o Individual
o Corporate Officer - Title(s)
o Partner - 0 limited 0 General
o AttorneY'ln,Fact
o Trustee
o Guardian or Conservator
o Other
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Signer Is Representing
C 1999 Nilhonal Notary Assoclilllon . 9350 Oil SolO Ave, PO Box 2Mn' Chll.lSworth, CA 91313-2402' wwwnlllIOll.lnolll.ryorg
Prod NOS1lO7
Reorder ClllIToll FrllO 1-800-876.-6827
04 1797745