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03 3266053
*".EOIN OFRCIAL~ ~
ReCORDER'S OFFICE
,~, LOS~l.IN1Y .
3:01 PM OCT 30 2003
...1
T1TLE(S) : ('oJUl~ AAd Iigv/ti1l~~(d..~( ItmsDf1 6lL,/c!i~)
l Reafu~;it.. ~OO~ ~ltf 0, w s nDrt5 lWeV1L1(, MaoV~
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LEA D SHE E T
FEE FEE $22 V, D.T,T
OAF $2
0-20 6
CODE
20
CODE
19
CODE
9
-
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink.
Number of Parcels Shown
DID - IT]] - [II]
... THIS FORM NOTTOBE DUPLICATED
IT]]
...
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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
03 3266053
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
, (RECREATION ROOM)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERA nON, receipt of
which is hereby acknowledged,
KENNY PHAN AND EILEEN VAN PHAN
Husband and Wife as Community Property
hereinafter referred to collectively as "Covenantors", hereby declare to be the owners
of that certain real property located at 324 W. Las Flores Avenue in the City of
Arcadia, County of Los Angeles, State of California, more particularly described as
follows:
Lot 29 of Tract No, 11115, in the City of Arcadia, County
of Los Angeles, State of California, as per map recorded in
Book 196, Page(s) 39' and 40 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 WIthin 500 feet of the Affected Land, as follows:
I, That the Recreation Room 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 (1) % bathroom and shall not be altered or expanded from the approved Floor
Plan shown on the attached Exhibit "B",
1
03 3266053
j
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 shaIl 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 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 shaIl be binding upon the heir:s,
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 of the 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 decisions shall not affect the
validity of the remaining portions of this Covenant and Agreement.
IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures,
[SIGNATURES ON NEXT PAGE]
2
Dated: I~ z / n ~ , 2003
Dated: \ 0,\ v~,D7 , 2003
Dated:
'M!;
,2003
APPROVED AS TO FORM:
~(),~
Stephen p, Deitsch
City Attorney
03 3266053 1
"COVENANTORS"
"CO ENANTEE"
C ty of Arcadia
~
William R, Kelly
City Manager
3
State of. r.fi. \1 '<'0 '1".,\'. l '
eoUntyot_LM D-u~ \p \"J' "
On \v~JJ -0_"\ before me. \-\(\"'.(\~ ~'Ml/h'\\\all\
DATE NAME. TTT\.E CF OFFICER - E.(i.. "JANE DOE. HClrJRf PUBLIC"
pelSOnallyappearedke'!\.~"" ~t-('\~ S,\Ot'fI. -PV\o.(\
\ _S)OF~ER(S)
o personally known 10 me - OR - '}:l;f proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) ~are
subscribed to the within instrument and ac-
knowledged to me that t\els~elthey executed
the same in hl6/h.r/thelr authorized
cap~clty(ies}. ami that by h\{;/h;lr/their
signature(s) on the instrument the person(s).
or the entity upon behalf of which the
person(s) acted. executed the instrument.
e o..~ .#141oeG1
~NIID.C - ..
\aI,.....~
MrCalNn. .........
SIGNATIJRE OF NOTARY
OPTIONAL SECTION
THIS CeFITIFlCATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT
-UrIIUllALillt:I.9IIU__ .~-l
CAPACITY ClAIMED BY' Sl6NBl-' :c
1bca9I- _not........ NcioIij..." '
ftllln!lle _ _. doing 00 may_
~tDl*&I'W~an:Iha~ ._4..
a INDIVIDUAl "
o CORPORATE OFFlCER(S} b
TITU;{S)
o PARTNER(S) 0 UMITEO
o GENERAL
o ATTORNEY-IN-FACT
o mUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
I'U.Me OF PERSON(S) OR ENTlTY(IES)
NUMBER OF PAGES DATE OF DOCUMENT
Though the dabllW;U..red here IS not r&qUu'8d by law,
'ooulc1~ __mont 01 this Ie"'),' SIGNER(S) OTHER THAN NAMED ABOVE
C1993NATIONALNOTARY ASSOCIATION. B238 RemmetAWJ., POBox 7184 " Canoga Park. CA91~7184
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03 3266053
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Tii[ p[:ai'c:f.t:' ftCCl:SSORV DUllDIHG
IS NO PE?i1iiHED 1:1 CONTAIN iI
ImCH~N NOR \'>.IT PERM!TI<E~ TO
I I.
. AREA OF DRIVE~Y AND ~l.Kr;AY" REQUIRED FRON, YARD ,tp
514 X 525' X 105' + 55' X e' + 25' x 26'/2 .. e' x 16'/2 + IT x I' = I,S2,i,5 f
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03 3266053'
324 W. LAS FLORES AVE.
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ARATE 1012 AI^IG
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03 3266053
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RECORDER'S MEMO:
POoR RECORD IS DUE TO
QUALITY OF ORIGINAL DOCUMENT
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