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HomeMy WebLinkAboutD-2358 88- 371736 u e?'\J~8 RECORDING REQUEST WHEN RECORDED MAIL TO: RfroROOl tN OFFICIAL RECORDS City Attorney Rf,OOROER'S OffICE City of Arcadia LOS ~S OOUlflY 240 W. Huntington Dr. CAlJfORNIA FEE $7 0 Arcadia, CA 91006 ~~~:,. lOA M, M"R 18 1988 21 I 2 " ED BY AND --' ./ COVENANT AND AGREEMENT ACKNOWLEDGING DISTANCE LIMITATIONS REGARDING HORSES @ l.,r FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION receipt of which is hereby acknowledged, WESTCO LAND INC. A CALIFORNIA CORPORATION hereinafter referred to collectively as "Cavenantors" , hereby declare they are the owners of that certain real property located at 1432 Linda Way in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lot 4, Tract No. 44524, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded 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 with the City of Arcadia, a Municipal Corporation (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 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. That those horses kept, maintained and located on property surrounding the Affected Land within six (6) months of the time that building permits are issued for the new main dwellings on the "affected land" may be kept, located, and maintained within one hundred (100) feet but not less than thirty five (35) feet from any main dwelling, new guest house, or addition to the new dwelling or guest house. This Covenant affirms the allowance of non-conforming uses as set forth herein. It is understood that if the use, keeping and maintenance of horses on surrounding property is abandoned, no horses an surrounding property are permitted unless they are maintained, kept and located in ~xcess 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 successurs 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 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 STATE OF CALIFORNIA COUNTY OF Los Angeles On Ma rc h 14, 1988 before me, the said State, personally appeared Georae W. Wi eaand. Jr. personally known [0 me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as 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 my 7d and official ~L'A Slgnatu~~ 6,-~{ tt._. CAT. NO. NNOQ737 TO 1945 CA (7-82) (Corporation) } SS. t .. 0: .. :< .. ~ .. t ~ IiiJnne INSURANce =:=I! ANDTRUST An"",,,,,,,,,,,, j undersigned, a Notary Public in and for (This area for official notarial s~a1) ., , , .JJ 4. This Cavenant and Agreement is far the benefit of the Covenantee and its heirs, successors and assigns and is for the benefit af and shall insure ta 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 run with the land and shall be binding upan 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 af this Covenant and Agreement. 6. If any section, subsection, sentence, clause, phrase or portion of this Covenant and Agreement is for any reasan 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 instrument on the date shown opposite their signatures. this "COVENANTORS" WESTCO LAND INC. A Califarnia Corpartion Dated: !rI4. et3 ~ ~-:tf GeOrge~i an, ., Pre 'dent "COVENANTEE" City of Arcadia , , Dated: 5- /C-3? - -, .- '.J .; '. " " " . ." '. APPROVED AS TO FORM: 8~ 371736 ~ V fJ1{l2 Michael H. Miller City Attorney -2- . ,