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FEES: 59.00
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OTHER: 0.00
PAID: 59.00
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A THIS FORM IS NOT TO BE DUPLICATED E08_200109_ 4
E636519
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
P. O. Box 60021
Arcadia, CA 91066-6021
COVENANT AND AGREEMENT
REGARDING ACCESSORY STRUCTURE
(351 WEST DUARTE ROAD, ARCADIA, CALIFORNIA)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is
hereby acknowledged,
DANY HEANG, A SINGLE MAN
hereinafter referred to as "Covenantor hereby declares that they are the owners of that
certain real property located at 351 West Duarte Road in the City of Arcadia, County of Los
Angeles, State of California, more particularly described as follows:
That portion of Lot 8 of Tract No. 10726, in the City of Arcadia, County of Los
Angeles, State of California as per map recorded in Book 185, Pages 31 and
32 of Maps, in the office of the County Recorder of said County.
Commencing at a point in the Westerly line of said lot distant thereon South
0° 00' 20" East 35.18 feet from the Northwest Corner of said Lot, being the
Beginning of a non-tangent curve concave Northeasterly having a radius of
35 feet, a radial line of said curve to said point bears South 14° 36' 26"West;
Thence Northeasterly along said curve through a central angle of 70° 16'44"
an arc distance of 42.93 feet to the beginning of a reverse curve concave
Southeasterly having a radius of 50 feet; thence Northeasterly along said last
mentioned curve, through a Central Angle of 46° 40' 18", an arc distance of
40.73 feet; Thence tangent to said last mentioned curve, North 81° 00' 00"
East 7.91 feet to the Easterly line of said lot; Thence along said Easterly line,
South 0° 00' 20" East 220.51 feet to the true point of beginning; Thence
continuing along said Easterly Line South 0° 00' 20" East 267.14 feet to the
Northerly line of Southerly 12 feet of said Lot; Thence along said Northerly
line, South 81° 00' 00"West 80 feet to said Westerly line; Thence along said
Westerly line North 0° 00' 20"West 279.65 feet to a line that bears South 89°
59' 40" West from true point of beginning; thence North 89° 59' 40" East
79.02 feet to the true point of beginning.
ACCOMMODATION
This Document delivered to Recorder
as an accommodation only at the
express request of the parties hereto.
It has not been examined as to
1 its effect or validity.
Covenantor hereby agrees and covenants 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. The Accessory Structure shown on the attached Site Plan (Exhibit"A"), shall
not contain bedrooms or closets within the accessory structure; and shall not contain a
kitchen. The Accessory Structure may contain a sink, a toilet and/or a shower. On any one
lot there may be a maximum of three detached accessory structures. The accessory
structure shall not be used for overnight stay, rented, or used as a dwelling unit. The
accessory structures on a permanent foundation shall be consistent in exterior appearance
with the primary structure through the use of similar/matching exterior paint colors, material
types, and architectural styles.
2. If this Covenant and Agreement is breached by Covenantor 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,
Covenantor 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. Covenantor agrees 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.
2
IN WITNESS WHEREOF, Covenantor has executed this instrument on the date
shown opposite his signature.
"COVENANTOR"
Dated: / I Z , 2019 -
Dany Heang
"COVENANTEE"
Dated: Kp\tEmr'32. 13, 2019 '
Do c azzaret
City Manager
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
3
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached,and not the truthfulness, accuracy,or
validity of that document.
State of California
County of Lr', An Tie e 5
On Novprn L'r 12, 201q before me, L111( o—tr irlea. , d\lnfary 7 uhk
(Insert name and title of the Officer)
personally appeared bt ny )- eor 9
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/ate subscribed to the within instrument and acknowledged to me that
he/s4e/tktey executed the same in his/h.er/tiaeir authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal) LINDA UEZ
Notary Public -California
s';=r' - • ,4, Los Angeles County
2\''4"44, Commission#2212889
Comm.Expires OCt 4, 2021 1
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GARAGE/POOL ROOM DANY HEANG
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351 W. DUARTE ROAD, ARCADIA, CA 351 W. DUARTE ROADARCADIA, CA
(626) 716-4160
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