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sa.... 371739
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
RECORDED INOFFICIAL REcORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
.u MIN. 10 ~M. MAR 18 -
PAST.
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COVENANT AND AGREEMENT
ACKNOWLEDGING DISTANCE LIMITATIONS REGARDING HORSES
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION receipt of
which is hereby acknowledged,
WESTCO LAND INC. A CALIFORNIA CORPORATION
hereinafter referred
declare they are the
at 1421 Linda Way in
State of California,
to collectively as "Covenantors", hereby
awners of that certain real property located
the City of Arcadia, County af Los Angeles,
legally described as follows:
Lot 7, Tract No. 44524, in the City of
Arcadia, County of Los Angeles, State of
california, as per map recarded in Book 1091
page 46 of maps in the office of the Los
Angeles County Recorder.
all of which aforedescribed is hereinafter referred to
collectively as the "Affected Land" hereby agree and covenant
wi th the Ci ty of Arcadia, a Municipal Corporat ion (hereinafter
referred to as the "Covenantee") on behalf af 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 at' thel "Benefitted Land" which
consists of and includes all the' pUblic',and" 'private land located
within 500 feet of the Affected Land, .as follows:
I'
1. 'fhat those horses kept, maintained and 106ated on
property surrounding the Affected Larid'within six (9) months of
the time that building permits are issued for the' new main
dwellings on the "affected land" may be kep.t,' '" ls-ca,ted, and
maintained within one hundred (100) feet but no(.';;lei3s than thirty
..-. ...
five (35) feet from any main dwelling, new ~'guest house, or
addition to the new dwelling or guest hou'se. This Covenant
affirms the allowance of non-conforming uses as set forth herein.
It is understood that if the use, keeping and 'maintenance of
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horses on surrounding property is abandoned; no horses on
surrounding praperty are permitted unless the'y' ;3re maintained,
kept and located in excess of one hundred ,( 100) feet from any
dwelling or building as set forth above. The terms "maintained,"
"kept" and "located" shall include housed, tethered, riding and
pasturing. Covenantors shall take no action inconsistent with or
in any way counter to the rights of surrounding property owners
or users as set forth herein.
2. If this Covenant and Agreement is breached by
Covenantors or their successors or assigns, Covenantee is hereby
autharized to bring an action in a ,court' '''of' competent
jurisdiction to enforce this Covenant and Agreement. In the
event of such legal actions, Covenantors or their successors or
assigns shall be liable for the reasonable attorney's fees of
Covenantee. That 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 may
revoke its approval action involving subject property.
3.
successors
Agreement.
Covenantors agree to notify
in interest in Affected Land
(Disclosure to all purchasers)
their assignees
of this Covenant
and
and
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CAT. NO. NN00737
TO 1945 CA (8-84)
.(Corporation)
STATE OF CALIFORNIA
COUNTY OF LoS Angeles
} ss.
t
On Me rc.: h 14 1 QA~ before me,
said State. personally appe~red lieorge W. Wi eQand.
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument 3.$ the
President, and --------------------------=_
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru~
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS m~and and official seal, I
signat~;?{~ ~^/~A."
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~ TICOR TITLE INSURANCE 3
the undersigned,
,)r
a Notary Public In and for
,~.$.g: I a1l1.~~. .. . . ..
, o. . OFFICIAL SEAL i
. OJ...e_....
:!. , GEORGIA L. MEEHAN .
II . C .' _ Co Notary Public-California
" c.. ~a.~nr: PrincipalOfflceln ,
... 'r r' < .' " Los Angeles County :
~7.Q'..l"'" My Comm. Exp. Apr. 19, 1990 ~
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(This area for official notarial sean
.
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 insure to the benefit of all the Benefitted
Land and the heirs, successars and assigns of the owners of the
Benefitted Land, and this Covenant and Agreement shall run with
the land and 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 jurisdictian, such decisions shall not affect the
validity of the remaining portions of this Covenant and
Agreement.
IN WITNESS WHEREOF, Covenantors have executed
instrument on the date shown opposite their signatures.
this
"COVENANTORS"
WESTCO LAND INC.
A California Carport ion
Dated: 3'/'-1- 86
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"COVENANTEE"
City of Arcadia
Dated: J- /.?-&'
By
APPROVED AS TO FORM:
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88~ 371739
City Attorney
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