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03 1011341
RECORDEDIfILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
![ LOS ANGELES COUNTY
... CAlIFORNIA '
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2:41 PM APR 09 2003
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TITLE(S) :
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CODE
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Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink.
Number of Parcels Shown
ITT U CI Tl ITIJ
.. THIS FORM NOT TO BE DUPLICATED
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03 1011341
V'
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
P. O. Box 60021
ArcadIa, CA 91066-6021
COVENANT AND-AGREEMEN.T- REGARDINS'ACCESSORY BUILDING
(RECREATION ROOM)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERA nON, receIpt of
which is hereby acknowledged,
MILBREY D. OSTER
heremafter referred to collectively as "Covenantor", hereby declares to be the owner of
that certain real property located at 481 W. Palm A venue in City of Arcadia, County of
Los Angeles, State of California, more particularly described as follows:
The Westerly 165.6 feet of the southerly 212.00 feet, measured
from the North line of Palm Drive, 50 feet wide, of Lot 3 ofE.J.
Baldwins Addition No. I to Santa Anna Colony Tract, as per map
Recorded m 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 (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 0 f and includes all the public and private land
located within 500 feet of the Affected Land, as follows:
1. That the Accessory BuildmglRecreation Room on Affected Land as
shown on 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 % bathroom, and shall not be
altered or expanded from the approved Floor Plan as shown on the attached ExhibIt
"B",
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03 1011341
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2. If this Covenant and Agreement is breached by Covenantor 0 r 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, 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 solely at its option,
may revoke this Covenant and Agreement.
3. Covenantor agrees to notify their beneficiaries, assigns and successors in
interest in Affected Land of this 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 binding upon the heirs,
successors and assIgns ofthe Covenantor, and may be released only 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 de'cisions shall not affect the
validIty of the remaining portions of this Covenant and Agreement.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures.
"COVENANTOR"
Dated:lf;ll'1 . ,2003
,
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"COVENANTEE"
City of Arcadia
Dated:
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,2003
~
William R. Kelly
City Manager
APPROVED AS TO FORM:
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Step en P. Deitsch
City Attorney
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03 1011341
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of Califomla
County of -Lo "-
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On ~ek,^o.fU \1.\, ~OO;l. before me. \-'\~t'\i\o. S\'<<,o"ia~ ~nh.~~ll~
Da~ Nam&ll.odTrdeotOl!icer(Elg ,-Jane noe, ryPubbc1
personally appeared \-\\\6rh\ \). Ds+tt .
Name{s)ofS9'ler(s)
o personally known to me
~ proved to me on the basIs of satisfactory
eVidence
J~-==..~I
~. Notary Public - CaIilaricl 5'
J .. \as AngoIes CounJ; :_~' 1
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to be the person(\) whose name(~) IslaI('
subscribed to the within Instrument ana
acknowledged to me that hWshe/th~ executed
the same In h1Vher/ttft'rr authonzed
capacltY(ll!I>). and that by h~her/t~rr
slgnature(S) on the Instrument the person\s). or
the entity upon behalf of wh,ch the perso~(s)
acted I executed the Instrument
Signature 01 NotaryPubllC
OPTIONAL
Though the mformatlon below IS not reqUired by law, If 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 (""..J')\l~e..to...k 1-_ ~reoM'~~
Document Date ~~~ \Joo.o. <'1. \ '-\ I ..!) 0(1)3 Number of Pages S -
Slgner(s) Other Than Named Above
Capacity(ies) Claimed by Signer
S'gner's Name
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~Indlvldual
o Corporate Officer - Title(s)'
o Partner - 0 Llm,ted 0 General
o AttorneY-In-Fact
o Trustee
o Guardran or Conservalor
o Other
Signer Is Representrng
C 1999 NallonaJ NotaryAs$oaallOn' 9350 De SolO Ave . PO Box 2402 . Chl.tswor1h, CA91313-2.t02' ~MtJOMhlOlOlryorg
Prod No 5907
RllOItler CilnTolI-FI1llI1-eoo.s7&.6827
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FLOOR PLAN
SCALE 1/4" = 1'-0"
EYUIRIT "8"
~ - ELEC.TRIC. HARD If'tIRE SHOKE DETEc.TOF
5 D 6AGKUP
F'N - EXH.AJJST FAN ~~ITH MIN 5 AIR c.HANGES F
1- THE 6U1LDIN6 SHALL HAVE v-tATER. GL051
USE NO HORE THAN I 6 GALLONS PER F
2- ALL 5HO~R5 AND TUB-5HOY"IERS 5HAL
PRESSURE BALANGE OR A THERMOSTA
(pc.qO"')
3- HEY'! OR REPL A.GEKENT y.(A TER HEA TER~
TO THE ViALL IN TIf'lO PLACES ONE IN Tt-
TANK AND ONE IN THE LO~R 1/3 OF THI
POINT SHALL BE A MINIl'-'UM OF 4 INC-HE~
(,QNTR.OLS (F':' 5105)
4- l"/AlL CovER(NG Si.f,c.LL SE" CEMENT PL,
A.PPR-':'VED CGlJ~L TO 10 l"c.be~ (111B m
Sl-IQV'lP1=<3 01;' ,VB l'~IT'J.l SI-lOy..lF:~S HJ. T:;:'f
~'(",:'_;~Al. ELa-:2t~;:::. 3r-V>o.LL DC ~1";,$
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