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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
city Attorney
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
MIN. CALIFORNIA FEE $11 S
4 PAST 8 A,M. NOV 17 1989 I 4
COVENANT AND AGREEMENT REGARDING ACCESSORY LIVING QUARTERS
GUEST HOUSE
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which'is hereby acknowledged,
Peter Lui and Anita Lui, husband and wife as joint tenants,
hereinafter referred to collectively as "Covenantors", hereby
declares to be the owners of that certain real property located at
2728 Warren Way in the city of Arcadia, County of Los Angeles,
State of California, legally described as follows:
Lot 42, Tract 13010, in the City of Arcadia, in the
County of Los Angeles, State of California, as per
map recorded in Book 247 Pages 7 and 8 of Maps, in the
office of the Los Angeles County Recorder.
all of which is hereinafter referred to collectively as the
"Affected Land" 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 locat,ed within 500 feet of the .'\ffacted
Land, as follows:
1. That the Guest House/Accessory Living Quarters on Affected
Land shown on the site Plan (Exhibit "A") and Floor Plan (Exhibit
"B") shall not be used as a separate dwelling unit, shall not be
rented and shall not be equipped with any kitchen facilities, said
guest house/accessory living quarters is for the sole use of
members of the family occupying the main building; persons employed
by the main building and rendering such services primarily on the
property; and/or the temporary use of guests of the family
occupying the main building.
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 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 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.
INIlIVII!1AL
Stat. of Callfonl1.&
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89-1857167
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, On / /~" -- /c?'1 . ~!or~ =, t!:.: undersit;nGd, A ....~ p4bllO in and tor aa1cl
county axu1 state, pel'sonall7 appeared P#7lfe /Jo'~.J '/7"61 /u/
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perao=ll7 Ialawn to me Q,!" proved. to me on the basis of eatistaotol'1' ev1c!onae to be the
person(s) whose DSme(II) ill/are subscribed to the within 111strument a.nd aolalovlec!pc! thAt
aaicl pel'son(lI) executed the 1IAIIle. -----
WITNESS J111' hand a.ndott1c1al leal
: (Seal)
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OFFICIAL SEAL
SUNNY K, LEUNG
:' NOTARY PUBLIC, CALIFORNIA
LOS ANGELES COUNTY
My Comm. Expires Feb. 15, 1990
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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:
11- ~J1
Peter
Dated: (/ - ("-1
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An:L a LU:L
"COVENANTEE"
A&ftf~
Ci,ty Manager
APPROVED AS TO FORM:
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Michael H. Miller
City Attorney
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89-1857167
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2728 WARREN Vf A Y
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EXHIBIT 'A' 89-1857167
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2728 WARREN WAY
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FLOOR PLAN
EXHIBIT 'B'
89-1857167