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CITY(D A!CAD!A
CITY ATTORNEY
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00018946357
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A THIS FORM IS NOT TO BE DUPLICATED A
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18946357
RECORDING REQUESTED BY AND 11111111111111111111
WHEN RECORDED MAIL TO: Batch Number: 11209003
City Attorney 1111111111111 liii II
City of Arcadia
P. O. Box 60021
Arcadia, CA 91066-6021
COVENANT AND AGREEMENT
REGARDING ACCESSORY DWELLING UNIT
69 WEST PAMELA ROAD, (69 #B WEST PAMELA ROAD— NEW ADDRESS),
ARCADIA, CALIFORNIA
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is
hereby acknowledged,
HSIANG TANG LIU AND HELEN H. LIU, AS TRUSTEES OF THE HSIANG TANG LIU
AND HELEN H. LIU REVOCABLE TRUST, DATED MARCH 31 , 2007,
hereinafter referred to as "Covenantors", hereby declare to be the owners of that certain
real property located at 69 West Pamela Road (69 #B West Pamela Road — new address)
in the City of Arcadia, County of Los Angeles, State of California, more particularly
described as follows "Affected Land":
Lot 26 in Tract No. 12451 as per Map recorded in Book 238, Page 30 and 31
of Maps, in the Office of the County Recorder of Los Angeles County,
California.
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 Dwelling Unit shall conform to the plans shown on Site Plan
and Floor Plan (Exhibit"A"). The Accessory Dwelling Unit shall not be subject to an owner-
occupancy requirement. The Accessory Dwelling Unit shall not be rented for terms of less
than 28 days or to more than one renter within any 28 day period, and the accessory
dwelling unit shall not be sold separately from the primary dwelling unit. No more than one
accessory dwelling unit shall be allowed on the property. The accessory dwelling unit shall
have one designated parking space.
2. If this Covenant and Agreement is breached by Covenantors or successors or
1
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 signatures.
[SIGNATURES ON THE NEXT PAGE]
2
"COVENANTORS"
TRUSTEES
Dated: 31// , 2020 , cY4'11//
Hsiang ng-Liu Liu v
9(11
Dated: , 2020
Helen H. Liu
"COVENANTEE"
Dated: --)1--,3),.._ q , 2020 . 1110.'
Dominic Lazzare•
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 LIS P na3r ted
On AugUSt L0ZO before me, 1-1Y001, eAc a NoI-Ac Pu I iif
(Insert name and tie of the Officer)
personally appeared 1150n.) Toincj Lit, otnd Meier, H. Liu
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) i&/are subscribed to the within instrument and acknowledged to me that
h.e/s#ae/they executed the same in 1:14s/her/their authorized capacity(ies), and that by
14is/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.
. LINDA RODRIGUEZ
WITNESS myhand d ficial seal. r;,�;x!„,,4
� Notary Public -California
ano .' ��"N Los Angeles County
Z • "t"►/ Commission 2212889
SignatureC-%..)71
(Seal) M Comm. Ex fires Oct 4,2021
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SOUTH ELEVATION WEST ELEVATION
Rachelle Arellano
From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com>
Sent: Tuesday, September 8, 2020 12:51 PM
To: Rachelle Arellano
Subject: RE: Covenant 69 West Pamela Road
Follow Up Flag: Follow up
Flag Status: Flagged
Rachelle, I have reviewed and approve as to form the above covenant for an accessory dwelling unit. You may use my
stamped signature for this purpose.
I remind City Staff that it is recommended that the property owner obtain a subordination to the covenant from any
lender which/who has recorded a deed of trust, unless the City chooses to take the risks attendant to not requiring that
(which I have explained to City Staff in the past).
Thanks.
Steve
Stephen Deitsch
Partner
stephen.deitsch@bbklaw.com
T:(909)483-6642 C:(951)662-9343
www.BBKlaw.com Cl-
Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be
physically closed. Because all staff are working remotely, all documents(including correspondence,
pleadings, and discovery) will be served via e-mail until further notice. Because we may not receive regular
mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail
or delivery. Send all e-served documents in your case to the e-mail addresses for any Best Best&Krieger LLP
attorney who has appeared in your case, or who has communicated with you by e-mail on your matter.
From: Rachelle Arellano [mailto:rarellano@arcadiaca.gov]
Sent: Tuesday, September 08, 2020 10:34 AM
To: Stephen Deitsch
Cc: Arcadia City Clerk
Subject: Covenant 69 West Pamela Road
CAUTION-EXTERNAL SENDER.
Hi Steve,
Attached is a Covenant for your final review and approval.
Thank you,
1