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20090754949
Recorded/Filed in Official Records
Recorder's Office, Los Angeles County,
California
05/21/09 AT 10:36AM
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THIS FORM IS NOT TO BE DUPLICATED
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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
0512112009
COVENANT AND AGREEMENT REGARDING ACCESSORY BUILDING
(GUEST HOUSE)
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of
which is hereby acknowledged,
ARTHUR VINCIGUERRA, ARTHUR VINCIGUERRA REVOCABLE TRUST
hereinafter referred to collectively as "Covenantor", hereby declares to be the owner of
that certain real property located at 404 Los Altos Avenue, in the City of Arcadia,
County of Los Angeles, State of California, more particularly described as follows:
Lot 10 of Tract No. 11775, as per map recorded in Book 221, Page
33 of Maps, in the office of the county recorder of said county.
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 Guest House, as shown on the attached Exhibits "A" and `B," shall
not exceed six hundred (600) square feet of gross floor area; shall not be rented; shall
not contain facilities for the heating or cooking of food; shall not contain more than
one (1) bedroom, one (1) living room and one (1) bathroom (and the bathroom shall be
comprised of no more than (1) bathtub, with or without a shower head, no more than
one (1) lavatory and no more than one (1) toilet); shall not contain plumbing facilities
other than one (1) single-basin bar type sink and one (1) water heater not to exceed a
capacity of forty (40) gallons; shall not have more than one (1) gas line for a wall or
forced-air heating unit; and shall not be altered or expanded from the approved Floor
Plan as shown on the attached Exhibit "B."
Said Guest House shall comply with the space and occupancy standards of
the Uniform Housing Code and other applicable regulations as such may be amended
by the City of Arcadia. The Guest House may be used temporarily by guests of the
family occupying the main building; provided, however, that such use by one or more
guests (i.e. all guests in the aggregate) shall not exceed, in the aggregate, a total of
thirty (30) days during each calendar year.
2. If this Covenant and Agreement is breached by Covenantor or its
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, Covenantor 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. Covenantor agrees 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 Covenantor, 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.
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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.
IN WITNESS WHEREOF, Covenantor has executed this instrument on the date
shown opposite its signature.
Dated: 2009
Dated: , 2009
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
"COVENANTOR"
Arthur Vinciguerra
Trustee of the Arthur Vi ciguerra
Revocable Trust
"COVENANTEE"
"CITY OF ARCADIA,"
a Municipal Corporation,
Donald Penman
City Manager
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EXHIBIT "B"-
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of g
On OT F &C before me,
Date
personally appeared
MARINA stMONUw
JAftlik Commluion 0 173803,
%FWCOM NOtary K011C - Callfomla
Los Angems County MINIMM
9 .2011
WITNESS my id and offi
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Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the personN) whose name(s) is/ke subscribed to the
within instrument and acknowledged to me that
he/shVth~y executed the same in his/tar/toeir authorized
capacity(iks), and that by his/h~rkheir signature(I) on the
instrument the person(s), 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.
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
e S }I-~rc~."off
Number of Pages:
Signer's Name:
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer - Title(s):
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General _
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❑ Partner - ❑ Limited ❑ General
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❑ Attorney in Fact
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❑ Attorney in Fact
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❑ Trustee
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❑ Trustee
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El Guardian or Conservator
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❑ Other:
❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91 31 3-2402- www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827