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RECORDEDIFILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
,
8:04 AM DEe 30 1997
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
NCPF COOP. 1Q $ ('d-. (/T) _
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(DETACHED GARAGE/POOL HOUSE)
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FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is
hereby acknowledged,
KENNETH H. MA AND LINDA M. MA, Husband and Wife
hereinafter referred to collectively as "Covenantors", hereby declares to be the owners of that
certain real property located at 483 Los Altos Avenue in the City of Arcadia, County of Los
Angeles, State of California, legally described as follows:
Lot 14 of Tract No. 11678, in the City of Arcadia,
County of Los Angeles, State of California, as per
Map recorded in Book 259, Page 24 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 City of Arcadia,
a Municipal Corporation (hereinafter referred to as the "Covenantee") on behalf orand 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:
1. That the Garage/Pool House as shown on the attached Exhibit "A" shall not
be used as a separate dwelling unit, accessory living qua.1:ers, 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
attorneys' 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 AgTeement 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 run with the land and 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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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.
Dated: II /"1-1 /7?
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Dated: Ir ,11..- f al
Dated:
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APPROVED AS TO FORM:
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Michael H. Miller
City Attorney
"COVENANTORS"
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Kenneth H. Ma
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William R. Kelly
City Manager
97-:2006114
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(
State of California
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97-2036114
County of
LOS ANGELES
On NJVEMBER 21, 1997 before lie, MARY M WONG, NOTARY PUBLIC
personally appeared KENNETH H. MIll ANI) LlNI)A M. MI\........................."'lIIl1"""".",,',.
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personally knOWll to me (or proved to lie on the basi. of satisfactory
evidence) to be ~he person(s) wh08e na~e(e)~are subscribed to the wIthin
instrument and acknOwledged to me that he/she/they executed the same iD
.ltig/b"l/thelr authorized capacity lies), aDd that by .JIb/bep/their
signature(B) OD the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrumeDt.
WITNESS my hand and official Beal.
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