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A THIS FORM IS NOT TO BE DUPLICATED A
F ECORDING REQUESTED BY AND
Wi-EN RECORDED MAIL TO: 07/21/20~4
City Attorney
City of Arcadia
P. O. Box 60021 *20140749538*
Arcadia, CA 91066-6021
COVENANT AND AGREEMENT
REGARDING ACCESSORY DWELLING
(1824 S. SIXTH AVENUE, ARCADIA, CALIFORNIA)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is
hereby acknowledged,
ARIEL BERRIOS AND LETICIA BERRIOS, HUSBAND AND WIFE AS
COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP
hereinafter referred to as "Covenantors", hereby declare that they are the owners of that
certain real property located at 1824 S. Sixth Avenue in the City of Arcadia, County of Los
Angeles, State of California, more particularly described as follows:
The West 211.00 feet of that part of Lot 123, of The Arcadia Acreage Tract,
in the City of Arcadia, County of Los Angeles, State of California, as per
map recorded in Book 10, Page 18 of maps, in the office of the County
Recorder of said County, described as follows:
Beginning at a point in the West line of said Lot 123, distant thereon 300 feet
from the Northwest corner thereof; thence East parallel with the North line of
said Lot 123, 400 feet: thence South parallel with the West line of said lot
123, 100 feet; thence West parallel with the North line of said Lot 123, 400
feet, to a point in the West line thereof; thence North along said West line
100 feet to the point of beginning
Except therefrom the East 12 feet.
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, 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
1. The Accessory Dwelling unit shown on the Plot Plan, attached hereto as
Exhibit"A", shall not be sold independently of the main dwelling unit and existing lot parcel.
2. If this Covenant and Agreement is breached by Covenantors or 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 reasonable attorney fees of
Covenantee, if Covenantee is the prevailing party. 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, may 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 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 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.
[SIGNATURES ON NEXT PAGE]
2
IN WITNESS WHEREOF, Covenantors hav executed this instrument on the date
shown opposite their signature.
"COVENANT. -S"
Dated: /0 , 2014
Ariel B- rios
,
Dated:T / , 2014 - / : -4
Leticia Berrios
"COVENANTEE"
City of Arcadia
Dated: >)i I W , 2014
`6ominic Lazzaretto
APPROVED AS TO FORM: City Manager
Stephen P. Deitsch
City Attorney
3
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' BERRIOS tWESIDENCE'
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I ARCADIA, CA 91006 PLOT PLAN =-.-w
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.. .._ (626)991=3961.
Exhibit "A" ®®®®�®®�
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
ca
t
State of California >>
County of Lo s._ NvitA ?,
On JVI\y\e fo`/.0 M before me, Ho,ti p
Date _1 \�/\�\�a �l'(V�O��gh � 1����M l�� I
n� Here Insert Name and Title of the Officer II 9�
personally appeared 1'ss eI Qecc-t0 S 0,v\(& 1,6';ci 0, RQtrtoS j
( Name(s)of Signer(s)
who roved to me on the basis of satisfactory
p rY >>
evidence to be the person(s) whose name(s) is/are A
subscribed to the within instrument and acknowledged >>
to me that hbb/sIse/they executed the same in >>
his/her/their authorized capacity(ies), and that by >>
hi's(he#their signature(s) on the instrument the >>
person(s), or the entity upon behalf of which the yj
( .. .Q, MARINA SIMONIAN person(s) acted, executed the instrument. yj
( _ _ ,,,;,, Commission # 1932419 ��
a Notary Public California i
z y > I certify under PENALTY OF PERJURY under the >>
Los Angeles County laws of the State of California that the foregoing
( 'ri My Comm.Expires Ma .2(15
�-—- - -nil,Conlin.
- - - -- ` paragraph is true and correct. 1
WITNESS my and and oft" seal. i
Signature: 0.4,V4.. dV\OV\\%r >>
Place Notary Seal Above Signature of Notary Public P
OPTIONAL A
( Though the information below is not required by law, it may prove valuable to persons relying on the document y�
and could prevent fraudulent removal and reattachment of this form to another document.
C Description of Attached Document >>
Title or Type of Document: c4 e Qev\k 00K(L. t-eQ.tV\4.)&4' _ 1%ak.k ` / `
Document Date: J V\�V\ \(O i oR 0 t 4 Number of Pages: lU i
( Signer(s) Other Than Named Above:
C.
Capacity(ies) Claimed by Signer(s) �)
Signer's Name: Signer's Name:
(
CI Cor orate Officer — Title(s):( ) ❑Corporate Officer — Title(s): ��
❑ Individual ❑Individual
❑ Partner — Cl Limited ❑General El Partner — ❑Limited [1 General >j
t CI Attorney in Fact CI Attorney in Fact A
( ❑ Trustee
( ❑Trustee �)
❑ Guardian or Conservator ❑Guardian or Conservator >>
❑ Other: ❑Other: >>
Signer Is Representing: Signer Is Representing: >>
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0 2012 National Notary Association •NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907