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95 1159850
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RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
10:21 AM JUL 18 1995
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
P. O. Box 60021
Arcadia, CA 9\066-6021
IFEE$16 51
r 4
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(TEA ROOM)
/NCPF Code 19 $J'l..-
FOR GOOD, VALUABLE AND ADEQUATE CONSIDER". TION, receipt of which
is hereby acknowledged,
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YUHO NAGATA AND KEIKO NAGATA, Husband and Wife
hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that
certain real property located at 1015 Singingwood Drive in the City of Arcadia, County of
Los Angeles, State of California, legally described as follows:
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Lot 8 of Tract No, 12803, in the City of Arcadia, County
of Los Angeles, State of California, as per map recorded
in Book 262, Pages II and 12 of maps, in the office of
the County Recorder of said County.
All of which is hereinafter referred to collectively as the "Affected Land" and incorporated
as part of this Covenant and Agreement hereby agree and covenant with the Cjty~f Arcadia, /
a Municipal Corporation (hereinafter referred to as the "Covenante~") 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: '
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1. That the Accessory Building (Tea Room) on Affected Land shown on the Site Plan
(attached as Exhibit "A")'shall not be used as a separate dwelling unit, accessory living
quarters/guest house, apartment or bedroom, shall not be rented and shall not be equipped
with any kitchen or cooking facilities.
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's 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 revoke.
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.
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State of California
County of lAJ<, !t:t~d(J/7
Ol! #11 'J.g,It1t1?
personallY appeared
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personally known to iDe (or proved to lie on tbe bash of satisfactory
evidence) to be ~be person(s) whose name(s) is/~subscrlbed to tbe witbin
instrument and aCknowledged to me that he/she~they executed tbe same in
bis/ber/~ autborized capacity(ies), and tbat by his/ber/their
signature(s) on the instrument tbe person(s), or tbe entity upon bebalfrof
whicb the person(s) acted, executed the instrument.
WITNESS my band and official seal. r - - - - - - - - - - - - -I
'..::. '" PATRICIA A. HONDA
i ";;.,,, ~.', C:)MM, # 1003282 z
! . .r,." >#!" ";- N:)tc;y PUbhc - California ~
LOS ANGELES COUNTY -
My Comm, Expire. OCT 25. 1997
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Signature ~ -- -v--c
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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.
IN WITNESS WHEREOF, Covenantors have executed this instrument on the date
shown opposite their signatures.
"COVENANTORS"
Dated:~U ~-f-
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WrufNagata
Dated: 7' /.2 ~L.z.1
Keiko Nagata
"COVENANTEE"
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r":CITY OF ARCADIA
Dated:
gAiW
Wf\~q
William R. Kelly
City Manager
APPROVED AS TO FORM:
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7]~~llr YhdhL
City Attorney
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95 1159850
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EXHIBIT "A"
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95 11!l9850
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