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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
FEE $19
OAF $2
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5
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(WORKSHOP)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which
is hereby acknowledged,
FRANK D. TOMKINS AND SUZANNE G. TOMKINS, husband and wife
hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that
certain real property located at 432 N, Old Ranch Road in the City of Arcadia, County of Los
Angeles, State of California, legally described as follows:
Lot 9 of Tract No, 11215, in the City of Arcadia, as per map
recorded in Book 198, Pages 28, 29 and 30 of Maps in the
office of the County Recorder of said County.
Except therefrom all water, claims or rights to water in or
under said land,
All of which aforedescribed is hereinafter referred to collectively as the "Affected Land" and
incorporated as part of this Covenant and Agreement 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:
L That the Accessory Building (Workshup) on Affectcd Land (Exhibit "A")
shall not be used as accessory living quarters or guesthouse, shall not be used as a separate
dwelling unit, shall not be rented and shall not be equipped with any kitchen facilities and
no divider walls shall be added to separate the space,
1
, 99 19?1f.W') )
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
actions, Covenantor or their successors or assigns shall be liable for the reasonable attomey
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 may at its sole 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 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 Agreement.
III
III
III
2
99 191.1600 '1
IN WITNESS WHEREOF, Covenantors have executed this instrument on the date
shown opposite their signatures.
"COVENANTORS"
Dated: It) /)11,
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Frank D. Tomkins
Dated; It) /r /'j 9
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"COVENANTEE"
C frY r.ir A~~f8PI;&
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William R. Kelly
City Manager
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APPROVED AS TO FORM:
f!1!:Lf 7n~
City Attorney
3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of
C! /70 HJIeN//9
LoS A/l/tS>t:&;:s
County of
On ,{/1!.1'POEK S/ /9 ~? before me,
Date Name dTltle of OftIC1lf (eg, ~Ja Doe. Notary PubliC")
personally appeared he;9/olK D, 7PY7/K./A/$ /fAJi) ~z.4,<..JA./e G,7i3/JfKOlf5
Name(s)ofSlgner(s)
'In personally known to me - OR - 0 proved to me on the basIs of satisfactory eVidence to be the person(s)
r whose name(s) is/are subscnbed to the within Instrument
and acknowledged to me that lleIefle/they executed the
same In RlsfAer/thelr authonzed capaclty(les), and that by
<I:lIGIfler/thelr slgnature(s) on the Instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the Instrument
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- @ COO'WT1IaIon' llm49 i
~, Notary PublIc - CaIIIomIa 2:
Z Leo Ang_ C4lunty
1_ _ _ ~:",,:,,~~:1.~~ I
WITNESS my hand and offiCial seal
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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
Title or Type of Document: Cot//?,.v'/?lVr'; HGtet:e/l1aJ7 ,(eGmWI#6 Mt!ESSoI'2j &/)6-.
Document Date tJ en 61?te ~ 17 7 ~ Number of Pages: ,.
Slgner(s) Other Than Named Above: AJovr
Capacity(ies) Claimed by Signer(s)
Signer's Name MI'fAJK l). 7Ontelll/s
Signer's Name: SUZI1NAIH &. 7O/YIl::.ot/S
~ Individual
o Corporate Officer
TItle(s),
o Partner - 0 Limited 0 General
o AttomeY'ln,Fact
o Trustee
o Guardian or Conservator
D Other. Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
~ Individual
o Corporate Officer
TItle(s)'
o Partner - 0 Limited 0 General
o Attorney-in,Fact
o Trustee
o Guardian or Conservator
o Other Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Represenllng:
Signer Is Representing:
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C 1994 National Notary Association. 8236 Remmet Ave, PO Box 7184. Canoga Park, CA 91309-7184
Prod No 5907
Reorder Call Toll-Free 1-600-876-6827
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99-~~21600
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RECORDEDIFILED IN OFFICIAL RECORDS
, RECORDER'S OFFICE~
~, LOS ANGELES COUNTY , ,
~~~ CALIFORNIA
I 12:01 PM OCT 08 1999
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SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE
TITLE(S)
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FEE N/A N/A 0 20 9 - 19 04 19
CODE'
REC NO NO PCOR D,A SURVEY NOTIF INVOL NON
FEE PAGES TITLES FEE MON LIEN CONF
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EXAMINER S INT D
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Assessor s Identification Number (AIN) 0
To Be Completed By Examiner Or Title Company In Black Ink
Number of Parcels Shown
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ReVISion Number