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`78- 956925
CERTIFICATE OF ACCEPTANCE
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This is to certify that the interest in real property conveyed or transferred
to the City of Arcadia, a Municipal Corporation, by the deed, grant, conveyance
or instrument dated the 1'7th day of August, 1978 from or executed
by Martin G.1Wesseler and Joyce C. Wesseler is hereby accepted
by the City of Arcadia by the order or authorization of the City Council of the
City of Arcadia. contained in Resolution No. 2963, adopted January 21, 1958, and
recorded in the office of the Recorder of Los Angeles County on January 29, 1958,
as instrument No. 3069 in Book 56448, Page 264, Official Records of Los Angeles
County; and the City of Arcadia consents to the recordation thereof by its duly
autt •ed officers. % /]-,~R-~ ~j
City Manager City Engineer
The document thus described is hereby approved as t r
Ci torney
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(Individual)
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AND TRUST ANCE
STATE OF CALIFORNIA ~Q A~Lr A
SS. ... JWJ ~nmP mMw~xY
courrrv of Los Angeles 7
Oh AllgUSt 17, 197$ before me, the undersigned, a Notary Public in and for said
State, personally appeared Martin G. Wesseler and
Joyce C. Wesseler
known to me
to be the person s whose name ~'e Pubscribed
to the within instrument and acknowledged that they
ex6cuted the same.
WITNESS my hand and ofTicial seal.
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Signature ~ l
Julia A. Gioia
JULIA A, f31n1A
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OfrICE IN
LOS ANGELES COUNTY
MY Cornmisabn Expires Mareh 25, 1979
(This area for otHcial notarial xel)
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk, City of ARcadia,
P.O. Box 60, Arcadia, CA 91006
DECLARATION OF COVENANT
~ AN&RLES COUNTY, CA
4 PAST $ A.M,AIIG 291978
Recorder's Office
-"`M3YRTIN_°G.'WESSELER -and JOYCE C. WESSELER; Husband-°and-Wife!
hereinafter referred to as "Declarants", hereby declare that they
are the owners of that certain real property commonly known as ~E6.;
1328 Eighth Avenue, Arcadia, California,(hereinafter referred to '~5
as "Property") and legally described as follows: 3G.
Lot 11, Tract 30713, in the City of Arcadia, as per
map recorded in Book 786 Pages 40 and 41 of Maps, in
the Office of the County Recorder of said County.
In consideration of the waiver by the City of Arcadia of
Section 9283.6.1 of the Arcadia Municipal Code to allow a 7' side
yard setback from the street side property line in lieu of 10'
minimum allowed and Section 9283.8.7 to allow a 6' high fence to
be located on the street side property line and pool decking, both
within a 5' planting easement held by the City of Arcadia, in lieu
of an allowed 4' open work fence, Declarants hereby covenant and
agree as follows:
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1. Declarants agree to remove any fence, pool decking and
any other,.improvemenis located within the City's 5' planting ease-
a ment within ten. (10) days after receipt of a written notice from
.;°~'; the Director of Public Works of the City of Arcadia that removal
~~ of the fence is necessary for future parkway construction.
2. Declarants agree to notify their assignees or successors
in interest in said property of this covenant.
3. Declarants hereby grant to the City of Arcadia the right
of egress and ingress over aforedescribed Property in order to
tear down or remove said fence, pool decking and other improvements
if the same have not been removed as specified in paragraph 1 herein.
In such event Declarants, or their successors in interest shall
reimburse the City of Arcadia for all costs of tearing down and
removal of same.
4. Declarants agree to defend and hold the City of Arcadia,
its officers, agents and employees, harmless from liability of
any nature or kind arising out of the performance of this covenant
or the maintenance of aforesaid fence, pool decking and other im-
provements within the City's 5' planting easement and pay any
damages, judgments, attorney's fees, costs and expenses whatsoever
arising in connection with this Covenant or the maintenance of
said fence, pool decking and other improvements.
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5. This Covenant shall run with the land and be binding
upon the Declarants, their heirs, successors and assigns and
inure to the benefit of, be enforceable by, and may be released
only in writing by the City of Arcadia.
6. Notice shall be deemed received by Declarants, as
specified in paragraph 1 herein, when posted in the mail with
the address of Property.
IN WITNESS WHEREOF, Declarants have executed the within
Declaration of Covenant this (7 day of <} ~G- v S j 1978.
~2~ a~fn G. W~ el~
Joyce C. Wesseler
APPROVED AS TO FORM:
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C r es J. Liberto
C t Attorney
`78- 956925
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