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LEAD SHEET
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01-1566513
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NOV 1 (l2g~1 I RECORDED/FILED IN OFFICIAL RECORDS
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CI1'f OF RECORDER'S OFFICE
CITY ARCADIA LOS ANGELES COUNTY
r:/fRK CALIFORNIA
8:04 AM AUG 23 2001
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SPACE ABOVE THIS LINE FOR RECORDERS-USE
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FEE -
FEE $19
OAF $2
C-20
TITLE(S)
31B e-~r F/c;yrJ I1!iJ7Uf-
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D.T.T.
II
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CODE
20
CODE
19
CODE
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Assessor's Identification Number lAIN)
To Be Completed By Examiner OR Title Company In Black Ink
Number of Parcels Shown
CIJIEI
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[II]
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THIS FORM IS 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
01-1566513
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(GUEST ROOM)
FOR GOOD, VALUABLE MID ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
JOHN DU AND JULIE DU, Husband and Wife, as Joint Tenants
hereinafter referred to collectively as "Covenantors", hereby declare to be the owners
of that certain real property located at 318 East Floral Avenue in the City of Arcadia,
County of Los Angeles, State of California, more particularly described as follows:
Lot 9 in Block "C" in Tract 7723 in the City of Arcadia, County
of Los Angeles, State of California, as per map recorded in Book
93, Pages 41 and 42 of Maps, in the office of the County Recorder
of said County.
EXCEPT the South 7.5 feet thereof, conveyed to the City of Arcadia,
I for street and alley purposes by deed recorded in Book 4439,
Page 303, Official Records. ("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, wI-tich 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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01 1566513
1. That the Accessory Building (Guest Room) on Affected Land, more
particularly described in the attached Exhibit "A" (Floor Plan) shall not be used as
accessory living quarters, shall not be used as a separate dwelling unit, shall not be
equipped with any kitchen facilities, shall not have divider walls added to separate the
spaces, shall not be altered or expanded from the approved Floor Plan and shall not be
rented.
2. If this Covenant a!ld 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, Covenantors or their successors or assigns shall be liable for the
reasonable attorney fees of Covenantee, if Covenantee is the prevailing pmiy. 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, 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 owner 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 ofthe residents oft.'1;;: City of Arcadia and more particularly as
the legal representative of all the o\'mers cfthe 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 unconsti1!Itional 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.
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fJl 1;)btj~13
IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures.
Dated:
6/6/'
,2001
Dated: {, / ~
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,2001
Dated:
fJ.U
,2001
APPROVED AS TO FORM:
~p~
Stephen P. Deitsch
City Attorney
"COVENANTORS"
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John'Du
~Wi,J
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"COVENANTEE"
City of Arcadia
lJ1r)uJ~
William R. Kelly
City Manager
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
01 1566513
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State of California
County of
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~"'d~ \Qh
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personally appeared
JO",,^
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\-..- \(). r- \J\.o... ~ \. t(V\ "V\\ C'l.
Name and Title of Ollicer (e g. "Jane Doe, olary Public')
\")'" C\'^~ .J\)"~;" D'-A
Name(s) of Slgner(s)
On
\""." 10 .;)00 \ ,before me,
Data"
o personally known to me
}2f proved to me on the basIs of satisfactory
evidence
"
e llWlINASlMONIAN
_ Q....dWwn t 121"
NDtay PubIc.. c:.:&.,A.
LCII ~ c:a....,
MyCarln-___Mart.2ID
to be the person(t) whose name(/) ij,/are
subscribed to the within Instrument and
acknowledged to me that Ve/!j/'Ie/they executed
the same in tvS/l}€r/thelr authorized
capaclty(i~), and that by ~/t)6r/thelr
slgnaturejil on the instrument the person~, or
the entity upon behalf of which the person($)
acted, executed the Instrument.
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Place Notary Seal Above
Signature of Notary Public
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OPTIONAL
I' Though the mformatlon be/ow 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
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,
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Description of Attached Document
Tille or Type of Document r.n \J P~n.".:\-
n.)/'d.
~\"'''-",^./I.-\- .Q~
Number of Pages
Ar"QS!'.o ('1
&\<b'
4
Document Date
h_r,.,-O I
Slgner(s) Other Than Named Above
Capacity(ies) Claimed by Signer
Signer's Name
o Ind,v,dual
o Corporate Officer - Tille(s)
o Partner - 0 limited 0 General
o Attorney In Fact
o Trustee
o Guard.an or Conservator
o Other
RIGHT THUMBPRINT
OF SIGNER
TOp of thumb here
S.gner Is Represent.ng
e 1997 National Notary Association . 9350 De SotoAve PO Box 2402. Chalsworth, CA 91313.2402
Prod No 5907
Reorder Call Toll-Free 1-800-876-6827
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NOTICE
TH'E PROPOSED ACCESSORY B ILOmG
IS NOT PERMITTED TO CONTAI A
KITCHEN NOR IS IT PERMITT; TO
oE USED AS ACCESSORY L1VI
QUARTERS OR A GUEST HOUSE
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. EXI;jT I-STORY
HOUSE TO BE
REMODELED
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