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LEAD SHEET
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; 01-1929867 '
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RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
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CITY OF ARCADIA ,
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9:21 AM OCT 11 2001
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SPACE ABOVE THIS LINE FOR RECORDERS USE
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TITLE(S)
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FEE $19 SS
OAF $2
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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
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Number of Parcels Shown
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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
01-1929867
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(DETACHED POOL HOUSE)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
RICHARD D. PALUMBO AND SUSAN M. PALUMBO
TRUSTEES OF THE PALUMBO F AMIL Y TRUST DATED
FEBRUARY 28,1991
hereinafter referred to collectively as "Covenantors", hereby declare to be the owners
of that certain real property located at 345 W. Longden Avenue in the City of Arcadia,
County of Los Angeles, State of California, more particularly described as follows:
. Lot 17 of Tract No. 11491 in the City of Arcadia, County of ' i
Los Angeles, State of California, as per Map recorded in Book
211, Page(s) 27 and 28 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 (hereinauer 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 puhlic and private land
located within 500 feet of the Affected Land, as follows:
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01'19298~7,
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1. That the Accessory Building (Pool House) on Affected Land, more
particularly described in the attached Site Plan (Exhibit "A") incorporated as part of
this Covenant and Agreement, shall not be used as, accessory living quarters, shall not
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be used as a separate dwelling unit, shall not be equipped with any kitchen facilities,
shaH not be rented and shall not be altered or expanded from the approved Floor Plan.
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, 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 may
at its sole option, revoke this Covenant and Agreement and/or may revoke any and all
approvals for use by Covenantees of the Accessory Building.
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 auth0rized
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.
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01 1929867
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N WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures.
Dated: 10/'I,/;/
Dated:
ID /re(
APPROVED AS TO FORM:
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Step en P. Deitsch
City Attorney
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"COVENANTORS"
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Susan M. Palumbo
"COVENANTEE"
City of Arcadia
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William R. Kelly
City Manager
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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. .01 1929867
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State of California
County of _\..Jl' \\ "'c')" \v!J.
on1)A. Ll..,citOO\
Date
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C\ t \ "'0.. c .:> \ (V\ (J v\ \/'1\ ~
arne and Title 01 Olficer (e g . -Jane Doe, Notary Public)
S v.. " 0.. >1\ \--"\. \=6.. \ v... -N\. \-, n
Name(s)of Slgner(s)
, before me,
personally appeared
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o personally known to me
,M proved to me on the basIs of satisfactory
eVidence
to be the person(t') whose name(i) is/;;te
subscribed to the within Instrument and
acknowledged to me that h~/she/t~y executed
the same In hlt/her/tt~lIr authorized
capacltY(IeJ;), and that by h~/her/ij(elr
slgnature(~ on the instrument the person~, or
the entity upon behalf of which the person(~
acted, executed the Instrument
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j Notary PublIc - ~
I.CIl Angeles Col.r1Ir -
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Place Notary Seal Above
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OPTIONAL
Though the mformatlon below /s not reqUIred by Jaw, 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 \ \
T,tle or Type of Document r-""l\le>l\o..>I\ ~ oo."p),
<treE' -N\. Q ,J
Number of Pages t1
Document Date
()r\o\:,o" U .9nt<) \
Slgner(s) Other Than Named Above
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Capacity(ies) Claimed by Signer
Signer's Name
o Individual
o Corporate Officer - Title( s)
o Partner - 0 Limited 0 General
o Attorney In Fact
o Trustee
o GuardIan or Conservator
o Other
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RIGHT THUMBPRINT
OF SIGNER
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Signer Is Representing
C 1997 National Not8ryAssoclatlon. 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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