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88- 371738'>
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
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AND
ACKNOWLEDGING
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNlY
CALIFORNIA fFEE $1
~1 MIN. lOA M. MAR 1~ 1988 I
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COVENAN -"NI1 AGREEMENT
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 collect i vely as "Covenantors" , hereby
declare they are the owners of that certain real property located
at 1433 Linda Way in the City of Arcadia, County of Los Angeles,
State of California, legally described as follows:
Lat 9, 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 affice 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 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 benefi t 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 an the "affected land" may be kept, located, and
maintained within one hundred (100) feet but nat less than thirty
five (35) feet from any main dwelling, new guest house, ar
addi tion to the new dwell ing or guest house. This Covenant
affirms the allowance of non-conforming uses as set farth herein.
It is understood that if the use, keeping and maintenance of
horses on surrounding property is abandoned, na horses on
surrounding property are permitted unless they are 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
to 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 ar their successors or assigns, Covenantee is hereby
authorized to bring an action in a court of competent
jurisdictian 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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~ TICOR TITLE INSURANCE
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..J~"j 0.1 n'~i?"'" ..
, '" OFFICIAL SEAL I
: -. '" GEORGIA L MEEHAN
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i'i 0 :' "lr: ~ Nota!y ~u!:ltic.Californta :
\It, ,,~t-1 ~_. Prrnclpal OffIce In i
..~~. I Los Anceles County
i: .... My Comm, Exp. ApI. 19, 1990
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(This area for official notarial sean
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4. Thi s Covenant and Agreement is for the benefit of the
Covenantee and its heirs, successors and assigns and is for the
benefit af and shall insure to 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 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 jurisdiction, such decisions shall not affect the
validi ty 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 -I 'i-58
/:
A
Presi e, t
,
"COVENANTEE"
City of Arcadia
Dated: J-/tb'-$
APPROVED AS TO FORM:
88- 371738
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Mlchael H. Miller
City Attorney
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