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.- . 03 1509926
RECORDEDIFILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
:,r" LOS ANGELES COUNlY
....a~- CALIFORNIA
U'
8:04 AM MAY 28 2003
TITLE(S) :
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FEE FEE'$ "ZS LL D.T.T
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C-20 7
CODE
20
CODE
19
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CODE
9
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink.
...
Number of Parcels Shown
ITIIJ - ITIJ - ITIJ
... THIS FORM NOT TO BE DUPLICATED
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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
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(GUEST HOUSE) AND CONSENT OF LIENHOLDER
FOR GOOD, V ALUABLEAND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
THIEN C. NGUYEN AND CARRlE-CHAU THI NGUYEN, Husband and Wife
hereinafter referred to collectively as "Covenantors", hereby declare to be the owners
of that certain real property located at 1513 S. Tenth Avenue in the City of Arcadia,
County of Los Angeles, State of CalIfornia, more particularly described as follows:
The South 50 feet of the North 197.5 feet of Lot 90, of Tract
No. 808, in the City of Arcadia, County of Los Angeles, State
Of California, as per map recorded in Book 16, Page( s) 82 and
83 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 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 withm 500 feet of the Affected Land, as follows:
1. That the Accessory Living Quarters/Guest House shown on ExhibIt "A"
shall not be rented, shall not be used as a separate dwelling unit, shall not be equipped
with any kitchen facilIties for the heating or cooking offood, shall contain only one (1)
bathroom, and shall not be altered or expanded from the approved Floor Plan shown on
Exhibit "B". Said Guest House is for the sole use of members ofthe family occupying
the main bUIlding; persons employed by and rendering such services primarily on the
1
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property; and/or the temporary use by guests of the family occupying the main
building; that such use shall not exceed a total of thirty (30) days during each calendar
year.
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 such
legal action, Covenantors or their successors or assigns shall be liable for the
reasonable attorney fees of Covenantee, if Covenantee is the prevailing party. That 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. 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 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 owners 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 of the residents of the 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 Agreernent.
[SIGNATURES ON NEXT PAGE]
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03 1509926
If
IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures.
r'"
"COVENANTORS"
Dated: J/1 CO .1 fp , 2003
- =--z--1tgr ^--
Thien C. N yen
Dated: /4d, i ~ , 2003
4~~
Ca e-C au TIll Nguyen
"COVENANTEE"
City of Arcadia
Dated:
'6ifJJ
,2003
~
William R. Kelly
City Manager
APPROVED AS TO FORM:
~P.~
Stephen P. Deitsch
City Attorney
THIS ITEM HfS BEEN NOTARIZED
SEE ATTACHED ACKNOWLEDGMENT/:!JiIlAT---
~_~- .NOTARYPUBLlC
it STEVEN J. MARKMAN
Commission # 1374917 z
Notary Public - Collfornia ~
Loa Angeles County
My Cam\ E>piesSep 15. 2Ill6
3
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03 1509926
!j
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
County of
to 5 ~'3
} ss
State of Californ,a
On /I?#{ 1(" )..c,,3
b j Steven J Markman, Notary Public
e ore me, .
Dale
Name and TiU. of OIflcer (e g, . Jane Do6 Notary Pubhe1
personally appeared
7)rf, e.J C . N b-u'''II->v I1w-D C~I/I
f Name(s)of SllIner($)
Q pO'iQnally kna'''A ta Ale
Q2l proved to me on the basIs of satisfactory
eVidence
( J:ifJu
(. t<<vp
T-N,inf'-J
/W ~;)
flfEVEN J. MARKMAN
. CommiJllon' 1374917
Notmy Public - Collfornlo ~
~O. ....ngales Counly
My corrm, ExpIrIls Sep 150:2006
to be the person(s) whose name(s)..,l8/are
subscribed to the within Instrument and
acknowledged to me that)le/$lle/they execuled
the same In >sille"r/theJr authorized
capacltY(les). and that by .-InstRer/theJr
slgnature(s) on the Instrument the person(s), or
the entity upon behall 01 which the person(s)
acted, executed the Instrument
OPTIONAL
Though the mformatlon below IS not reqUired by law, It 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
litle or Type of Document C~r /hvf) II<- ~il'lW yU!t, Avll/Y'V fl-C.
INI i.-OIMr (6v1rs,.-/dJvs"~ 0'iv51:f'\A/ If'?- !,,(Etv
Document Date Number of Pages
U1--
Slgner(s) Other Than Named Above.
Capacity(ies) Claimed by Signer
Signer's Name
o Individual
o Corporate Officer - litle(s)
o Partner - 0 L,mlted 0 General
o AttorneY-In-Fact
o Trustee
o Guardian or Conservator
o Other
Top of \humb here
Signer Is Representing
C 1999 NilhoMJ Notary As&OCll.lIon . 9350 De SoIoAYfJ. PO 80.2402' ChalSlOIOrth CA91313-20f02' ~na\lelnall1OliIryorg
Prod N,? 5907
Reorder Call ToD-Free l-&l1'J.-876-6a27
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03 1509926
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Exhibit "A"
03 1509926
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. Exhibit "8"
03 1509926
, . . .
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Consent of Lienholder
Loan #: 591-0914692
Wells Fargo Home Mortgage. Inc.. a California CorporatIon ("Lienholder"), hereby
consents to the grantIng of the foregoing Covenant and Agreement regarding accessory
building (guest house) by Thien C. Nguven and Came-Chau Till Nguyen to the City of
Arcadia, and, joins in the execution hereof solely as Lienholder and hereby does agree that
In the event of the foreclosure of said mortgage, or other sale of said property described in
said mortgage under judicial or non-judicial proceedings, the same shall be sold subject to
said Covenant and Agreement regarding accessory building (guest house).
SIGNED AND EXECUTED this 6th day of May, 2003.
Wells Fargo Home Mortgage, Inc.
By: ~ tZ.2?J4-
Edward A. DeBus,
Vice President Loan Documentation
e
" I
'. STATE of MARYLAND
COUNTY of FREDERICK
BEFORE ME, the undersigned authority, on this day personally appeared Edward A.
DeBus. Vice President Loan Documentation, of Wells Fargo Home Mortgage, Inc., a
California corporation, known to me to be the person and Officer whose name is
subscribed to the foregoing instrument and who acknowledged to me that he executed the
same for the purposes and consideration therein expressed, In the capacity therein stated, as
the act and deed of the said corporation.
GIVEN UNDER MY HAND AND SEAL OF OF CE THIS 6th day of May,
2003.
~a..~
Notary Public
LORRIE A. PHElPS
NOTARY PUBUC STATE OF MARYlAND
County of Fred.rick
My Commlulon Ex!,l.., May B. 2005
My commissio"n expires:
,.
03 1509926