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88- 371736
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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
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ED BY AND
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COVENANT AND AGREEMENT
ACKNOWLEDGING DISTANCE LIMITATIONS REGARDING HORSES
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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)
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IiiJnne INSURANce
=:=I! ANDTRUST
An"",,,,,,,,,,,, j
undersigned, a Notary Public in and for
(This area for official notarial s~a1)
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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
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GeOrge~i an, ., Pre 'dent
"COVENANTEE"
City of Arcadia
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Dated: 5- /C-3?
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APPROVED AS TO FORM:
8~ 371736
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Michael H. Miller
City Attorney
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