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HomeMy WebLinkAboutD-2117 , ~ : {. . .. ~ . . . '- 0--.. ~ J ~ :t ~ \. ~ ~ ," ~ ~ , ~ " 1 ,irl ~ ~ Ml v ~ " 79-1~~ts~OO ]) "-/,//1 / RECORDED IN OfflClo\L RECORDS Of LOS ANOEt.f$ COUNTY. CI' 4: rJl 8 A.M. KOV 9 1979 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk City of Arcadia P. O. Box 60 Arcadia, California Recorder's Office > 91006 I FREE RECIPROCAL DRIVEWAY EASEMENT AND COVENANT AND AGREE~~NT TO HOLD DRIVEWAYS IN COMMON IN CONSIDERATION FOR THE GPANTING BY THE CITY OF ARCADIA of modification M-79-109, receipt of which is hereby acknowledged, JOHN S. KRISTENSEN and HELENE KRISTENSEN, husband and wife, here- inafter referred to cOllectively as "Covenantors", hereby declare they are the owners of that certain real property located in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: The following two parcels located in the City of Arcadia, COUDl~ of,Los Angeles, State of California, ~hich are hereinafter collectively referred to herein as Parcel "A": PARCEL 1: Those portions of lots 4 and 5 of Tract No. 3522, in the City of Arcadia, as per map recorded in Book 38, page 27 of Maps, in the office of the County Recorder of said C~unty, described as follows: Beginning at the northwesterly corner of said lot 5, thence North 890 32' East along the northerly lines of said lots 5 and 4, 198.20, feet to the northwesterly corner of the parcel of land conveyed to Jose R. Greenwood, by deed recorded in book 100~3 page 46 of Official Records of said c6unty; thence South 00 14' 39" East along the westerly li~e of the land conveyed by said deed, 257 ,feet, thence South 890 3,2' West parallel with the northerly lines of said lots 4 and 5, 97.93 feet to a point distant North 890 32' East 99.24 feet from the westerly line of said lot 5; thence North 00 19' 26" West 0.03 of a foot, thence South 89.0 32' West parallel with the northerly line of said lot 5, 99.24 feet to the westerly line of said lot 5; thence North 00 28' 38" West along said westerly line of lot' 5, 256.97 feet to the point of beginning. ~~ EXCEPT that portion of said land lying westerly of a line that is parallel with the westerly line of said lot 5 and distant 80 feet easterly, measured at right angles, there- from. PARCEL 2: Those portions of lots 4 and 5 of Tract No. 3522 in the City of Arcadia, as per map recorded in Book 38 page 27 of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at a point in the westerly line of said lot 5, distant South 00 28' 38" East along said westerly line 256.97 feet from the northwesterly corner thereof thence 890 32' East parallel with the northerly line of, said lot 5, 99.24 feet; thence South 00 19' 26" East 0.03 of a foot: thence North 890 32' East parallel with the - 1 - "t\. ., f,,~ I ~JU l ' >- ;;';'" ~ a - w ~r :::.::. 1=: u r!.: ~ >u ;ii . g: ... . ~: ' d g "' {;l ~ ,. ~ , . northerly lines of said lots 5 and 4, 97.93 feet to a point in the westerly line of the parcel of land conveyed to Jose R. Greenwood, by deed recorded in Book 10033 9age 46 of Official Records; thence South 00 14' 39" East along the westerly line of the land conveyed by said deed 1.27 feet to a point in the northerly line of the parcel of land conveyed to George W. Sayres by deed recorded in Book 568 page 173 of Official Records of said County; thence South 890 32' West along the northerly line of the land conveyed to George W. Sayres by deed recorded in Book 672 page 21 of Official Records of said County, a distance of 197.17 feet to the westerly line of said lot 5, thence North 00 28' 38" West along said westerly line of said lot 5, 1.30 feet to the point of beginning. EXCEPT that portion of said land lying westerly of a line that is parallel with the westerly line of said lot 5 and distant 80 feet easterly, measured at right angles, therefrom. The following parcel located in the City of Arcadia, County of Los Angeles, State of California, which is hereinafter referred to as Parcel "B": The westerly 80 feet of that portion of lot 5 of Tract No. 3522, in the City of Arcadia, as per map recorded in Book 38 page 27 of Maps, in the Office of the County Recorder of said County, lying north of the North line of the land described in the deed to George W. Sayres, recorded in Book 672 page 21 of Official Records, being the westerly 80 feet of the northerly 258.27 feet, more or less, of said lot 5. 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 of and for the benefit of the Covenantee's " la~c, which is the public street and right-of-way adjacent and con- tiguous to the Affected Land, and'on behalf of and for the benefit of the "Benefitted Land" which consists of and includes all the public land located within 500 feet of the Affected Land, as follows: 1. Covenantors as o"mers of Parcel "A" hereby grant non- exclusive easement for ingress and egress for driveway purposes for the benefit of Parcel "B" to be used in common with Parcel "A" over the northerly 190 feet of the westerly 9 feet of Parcel "A". 2. Covenantors as owners of Parcel "B" hereby grant non- exclusive easement for ingress and egress for driveway purposes, for the benefit of Parcel "A" to be used in common with Parcel "B: over the northerly 190 feet of the easterly 9 feet of Parcel "B". r..... " 79 1268988 - 2 - '" 3. The easements in paragraphs 1 and 2 above shall not be terminated or violated unless consent in writing is first obtained from the City of Arcadia. Covenantee is hereby authorized to bring an action in a competent court to enforce aforesaid ease- ments. In the event of such legal actions, Covenantors or its successors or assigns shall be liable for the reasonable attorney's fees of Covenantee. 4. This Covenant and Agreement shall inure to the benefit of the Covenantee and its heirs, successors and assigns, and this Covenant and Agreement shall run with the land and shall be bind- ing upon the heirs, successors and assigns of the Covenantors. 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 representa- tive of all the owners of the Benefitted Land, is hereby authorized to enforce the provisions of this Covenant and Agreement. IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown opposite its signature. "COVENAi'<TORS" Da ted jtiho -/f71 I lo~_ 79 / /~ c;/~/~X-.~ ;I/~~~ ,/ :so H- N S. k ~iS ~ ,ffJ-,J , l+e-lKN E' {:::: R..."~ </-r?-AlS e- N Dated Dated " Dated Dab",' "COVENANTEE" City of Arcadia Dated CJcI )c:" /17 APPROVED AS TO FORM: of Arcadia - 3 - 79 1268988 , 1/ . I L..,' CONSENT AND SUBORDINATION CHARLES S. BOERSTLER and MILDRED E. BOERSTLER, Husband and ~ife, as holders of the beneficial interest under that certain Deed of Trust and Assignment of Rents (the "Deed of Trust"), made as of November 18, 1974, among JOHN S. KRISTENSEN and HELENE KRISTENSEN, Husband and Wife as Trustors, and CROCKER NATIONAL BANK as Trustee, recorded December 18, 1974, as Instrument No. 666, Los Angeles County Official Records, for and in consideration of the grant by the City of Arcadia of the modification described in this Easement, Covenant and Agreement, do each hereby (i) consent to the execution and delivery by JOHN S. KRISTENSEN and HELENE KRISTENSEN, to the City of Arcadia of this Easement, Covenant, and Agreement, and (ii) Covenant and aqree that our interests in and to Property, described in this Easement, Covenant and Agreement, shall be subject and subordinate to the Easements, Covenants and Agreements described in this Easement, Covenant and Agreement, and that said Easements, Covenants and Agreements shall be charges and encumbrances on aforesaid Property prior to and superior to our interest in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. IN WITNESS WHEREOF, we have executed this Consent and Subordination on the date written'below. Dat"C!, OrtnhPT 19, , 19EL-' ~~k / . /J;y d, d . ~ C': /1-<"h,--",;6~'t.J MILDRED E. BOERSTLER APPROVED AS TO FORM: of Arcadia 79 1268988 :: ;)' CONSENT AND SUBORDINATION CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION, a California corporation, as holder of the beneficial interest under that certain Deed of Trust and Assignment of Rents (the "Deed of Trust"), made as of April 15, 1968, among JOHN S. KRISTENSEN and HELENE KRISTENSEN, Husband and Wife as Trustors, and CALIFO&~IA LAND AND INVESTMENT COMPANY as Trustee, recorded April 3, 1968, as Instrument No. 625, Los Angeles County Official Records, for and in consideration of the grant by the City of Arcadia of the modification described in this Easement, Covenant and Agreement, does hereby (i) consent to the execution and delivery by JOHN S. KRISTENSEN and HELENE KRISTENSEN, to the City of Arcadia of this Easement, Covenant and Agreement, and (ii) Covenant and agree that the interest of CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION in and to Property, described in this Easement, Covenant and Agreement, shall be subject and sub- ordinate to the Easements and Covenants described in this Easement, Covenant and Agreement and that said Easements and Covenants shall be charges and encumbrances on aforesaid Property prior and superior to CALIFOR~IA FEDERAL SAVINGS AND LOAN ASSOCIATION'S interests in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. <, IN WITNESS ,..HEREOF, CALIFORNIA FEDERAL SAVINGS AND LOAN has executed this Consent and Subordination on the date written below. Dated: October 29, (CORPORATE SEAL) (CORPORATE ACKNOWLEDGMENT) APPROVED AS TO FORM: , 19 79 . CALIFORNIA FEDERAL SAVINGS AND LOAN, a California Corporation, /B~9~4 Ti tIe Vice Pres ent B~~eL~ 79 1268988 of Arcadia ~ , .. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this ~) day of @e-fo.o,5;,...-- ,19 7'7 ,before / me, LORRAINE M, WEHLACZ , a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared John S~ Kristensen, an individual known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand "and official seal. / /A-. / C7r~ #'~7 ' S~qnature arial Seal) OFFICIAL SEAL LORRAINE M. WEHLACZ NOTARY PUBLIC, CALIFORNIA LOS ANGELES COUNTY My co:mn. expires MAY 23, 1981 ~ . 79 1268988 ACA 10/79 Individual ,/ " STATE OF CALIFORNIA 1 1 ss. COuNTY OF LOS ANGELES 1 On this ..5D day of (]}(L 10,b'E " , 19 7'7 , before , LORRAINE M, WEHLACZ , a Notary Public in and for said me, Co~nty and State, residing therein, duly commissioned and sworn, personally appeared Helene Kristensen, an individual known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. WITNESS my hand.and official seal. '~<-~))L ffU<-j , Siqnature 1>"" '" (Off' . 1 N'b'& go SEAL 'Q .' LO,:RAINE M, WEHLACZ , . . NOTHRY PUBLIC - CAllrORNIA M lCS ANGE~ES COUNTY Y CO"'m. "",res MAy 23, 1981 '79 1268988 ACA 10/79 Individual ., <, STATE OF CALIFORNIA San Dieg,,'l______ COUNTY OF :tiI~"}IfN~lE'l'H!llS ) ) ) ss. On this 19th day of October , 19 79 , before me, Maril yn F. Mohr , a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Charles S. Boerstler, an individual , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. , -//!P~4n2~rfl o-k _OFFICIAL SEAL MARILYN F, MOHR - NOlAR'f PUBLIC CALIfORNIA PRINCIPAl OFfiCE IN I SAN DIEGO COUNn Nry Commilllon bpira February 13. .982 (Official Notarial Seal) 79 1268988 ACA 10/79 Individual " y , . STATE OF CALIFORNIA San Diego COUNTY OF ~ ss. On this 19th day of October , 19 79 , before me, Marilyn F. Mohr , a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Mildred E. Boerstler, an individual known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. WITNESS my hand ,and official seal. it OFFICIAL SEAL MARILYN F. MOHR NOTAIY PUBLIC C.AuPOtNIA PIINCIPAl Off,ce tN ' ~ ' ' SAN DIEGO COUHIY My Co.mlulon bpi.... "bl'VlllY lJ, 1912 ~ ", 7'>>f~ ~nature {Official Notarial Seal) 79 1268988 ACA 10/79 Individual ~ , ,. I . STATE OF CALIFO~~IA ) ) 55. COUNTY OF LOS ANGELES ) On October 29, l-orra;.,,-e, ~~I . , 19 79 , before me, , a Notary Public, personally appeared Harry P. Boze and Barbara M. SchUltz- known to me to be the vice President and Assistant Secretary of the corporation that executed the within instrlli~ent on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. " &~bike~ / Notary~blic (Official Notarial Seal) ~ ~ OFFICIAL SEAL LORRAINE DE PUY NOTARY puellc .. CALIFORNIA LOS ANGElES COUNTY M, comm, expires FEB 7, 1983 ACA 10/79 Corporation "0, 1268988 VI " . , STATE OF CALIFORNIA ) ) ) ss. COUNTY OF LOS ANGELES on~G , 19~, before me, the and for said County and State, undersigned, a Notary Public personally appeared Lyle W. me to be the Citv Manaqer in Alberg , known to of the City of Arcadia, a Municipal Corporation, the Corporation that executed the within instrument on behalf of the Corporation herein named and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. ~~~ Notary Public OFFICIAL SEAL CHRISTINE VAN MAANEN NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My comm expIres JUN 27, 193':- ~"'-....;o-. -- 240 W. Huntington Dnve, ArcadIa, CA -;I006 ACA 10/79 City Manager 7~ t268988 /V , " " II' " ,i /~>>,. CERTIFICATE OF ACCEPTANCE 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 Oi"'rnh",.. 10 '97'9 , from or executed by John S. Kristensen and H,,' "n" Kri st"nsen , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of AFcadia, 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' nd the City of Arcadia consents to the recordation thereof by its duly auth i ed off cers. ~ 7! %~~ City Engineer is hereby approved as 79 1268988