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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
P. O. Box 60021
Arcadia, CA 91066-6021
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LOS ANGELES COUNTY REGISTRAR-RECORDER
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(GAME ROOM)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
SUSAN M. WINKIE AND WILLIAM F. WINNIE, TRUSTEES OF THE SUSAN
M. WINNIE INTERVIVOS TRUST DATED U/A APRIL 23, 2003
hereinafter referred to collectively as "Covenantors", hereby declare to be the
owners of that certain real property located at 40 Hacienda Drive, in the City of
Arcadia, County of Los Angeles, State of California, more particularly described as
follows:
Lot 32 of Tract No. 11074, in the City of Arcadia, County of Los
Angeles, State of California, as per map recorded in Book 197
Pages 27 and 29 inclusive of Maps, in the office of the County
Recorder of said County ("Affected Land").
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 andright-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:
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L The Game Room, shown on the attached Exhibits "A," "B," "C" and
"D," shall not be rented; shall not be used as accessory living quarters; shall not be
used as a guest house; shall not be equipped with any kitchen facilities or appliances;
shall not contain more than one (1) bathroom (and the bathroom shall not be more than
a 3/4 bathroom); and shall not be altered or expanded from the approved Floor Plan as
shown on the attached Exhibit "B".
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 any
such legal action, Covenantors or their successors or assigns shall be liable for the
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 the
Affected Land of this 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 owner 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 decision shall not affect the
validity of the remaining portions of this Covenant and Agreement.
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IN WITNESS WHEREOF, Covenantors have executed this instrument on the
date shown opposite their signatures.
"COVENANTORS"
Dated: 2/ S/ , 2007 ~ ~2~2'"~'// ~
William F. Winnie
Dated: ~T, 2007
Susan M. Winnie
"COVENANTEE"
"CITY OF ARCADIA,"
a Municipal Corporation,
Dated: ~~ , 2007
William R. Kelly
City Manager
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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SHT, 10 MAIN HOUSE UTILITY PLAN
S1 STRUCTURAL DETAILS
S2 STRUCTURAL DETAILS
i•24 (A) MAIN HOUSE TITLE 24
T-24 (B) GAME ROOM TITLE 24
GN GENERAL NOTES
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On . ~-~ ~
Date
personally appeared
IMRYIANdOfMN<
Conlmhlbn • 1410ii06
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AAyCamm. Btpbei Moy 9, 2007
Place Notary Seal Above
to be the person(s) whose name(s) ~s/are
subscribed to the within instrument and
acknowledged to me that hlsr/srelthey executed
the same in h~s/fl~rltheir 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.
WIT ESS my han an official seal.
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Signature a( No ry Pudic
OPTIONAL
Though the in7ormation below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent 7raudulent removal and reattachment o7 this fomr to another document.
Description of Attached Document , r
Title or Type of Document:~~/Q,~~ ~ ~aQ~1pQj,~~ : 4C
Document Date: ~e.~Cv~Atv~t S ! o~~d? Number of Pages:
Signer(s) Other Than Named Above:
^ Attorney in Fact
^ Trustee
Capaclty(fes) Claimed by Signer
Signer's Name:
^ Individual
^ Corporate Officer-Title(s):
^ Partner-^ Limited ^ General
^ Guardian or Conservator
^ Other:
Signer Is Representing:
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®1997 National Notary Association • 9350 Da Solo Ava., P.O. Boa 2402 • CNetswor[h, CA 913132402 Pmtl. No. 590] Reorder: Call Tdl-Free 1 b00-676-6627
^ personally known to me
,proved to me on the basis of satisfactory
evidence