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- THIS FORM IS NOT TO BE DUPLICATED E08_200109_7A4
E634519
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
(518 ALTURA ROAD, ARCADIA, CALIFORNIA)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is
hereby acknowledged,
518 ALTURA HOME LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY
hereinafter referred to as "Covenantors", hereby declare that they are the owners of that
certain real property located at 518 Altura Road in the City of Arcadia, County of Los
Angeles, State of California, more particularly described as follows:
Lot 13 of Tract 12900, in the City of Arcadia, County of Los Angles, State of
California as per map recorded in Book 262, Pages 47 and 48 of Maps, in
the Office of the County Recorder of said County.
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 . 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.
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
its effect or validity.
1
•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,
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. 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.
IN WITNESS WHEREOF, Covenantors have executed this instrument on the dates
shown opposite their signature.
[SIGNATURES ON THE NEXT PAGE]
2
"COVENANTORS"
518 Altura Home, LLC
Dated: , 2019
An H Chan
"COVENANTEE"
Dated\-b,,,wl\ , 2019
Dominic Lazza
City Manager
APPROVED AS TO FORM:
1.. � �1✓�",tit-G.
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 LOS An9ei es
On �ecertber 5 2l�I' before me, Li ndCi PrICIrit) .eZ, Abut ry° R.ihi:c
(Insert name and tide of the Officer)
personally appeared Ann 1e C,r,,Q, n
who proved to me on the basis of satisfactory evidence to be the person(g) whose
name(,) is/ve subscribed to the within instrument and acknowledged to me that
h'/she/tb.ey executed the same in h /her/t}rir authorized capacity(ie�), and that by
li/her/tfr signature($) on the instrument the person(y), or the entity upon behalf of
which the person(%) 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.
LINDA RODRIGUEZ
,�z Notary Public -California
Signature G� (Seal) a ')s Los Angeles County z
zCommission#2212889
�_T ` M�r Comm.Expires Oct 4,2021 f