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HomeMy WebLinkAboutD-2163 \ \ ' /" f" " d \ " . ,82- 408736 1 , ~ 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 March 26, 1982 , from or executed by Tsai-I Chanq , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of Arcadia, 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 of Arcadia consents to the re~ordation thereof ?y its duly ~I~ City Engineer ."<O".,~~~~ ~ C Attcrrney The document thus described is hereby Dated: ~ bl 4/:z---- ACA /8l / / /~ . . RECORDING REquESTED BY AND WHEN RECORDED RETUfu~ TO: ~- I) I (c/ [FEE $ J.; (). "YA], (' ~, y-r RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 2 P.M.APR 201982 ,/ City Clerk, City of Arcadia P.O. Box 60, Arcadia, CA 91006 44' MIN. PAST. = RECIPROCAL DRIVEHAY EASEHENT AND COVENANT AND ..AGREEHENT TO HOLD DRIVEHAYS IN COHHON /ftD r ~ 2::;L FOR GOOD, VALU,lliLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknot;vledged, TSAI-I CHANG, an llnmarrip.d wnm::ln T hp..rein::lfter rpfp..rn~i1 to ::Iq, r.n::lng and NEST CORPORATION ::I Californin C,orv.or::ltinn, hpre;n::lfter referred to ::I~ Neq,t hereinafter referred to collectively as 'Covenantors", hereby declare that Covenantor Chang is the owner of that certain I real property located in the City of Arcadia, County of Los Angeles, State of / California commonly known as 405 Genoa Street, Arcadia, California , and legally described as follows: Lot 1, Tract No. 35266, in the City of Areadia, County' of Los Angeles, State of California, as shown on map filed in Book 968, Page 7l of Maps, in the office of the Recorder of said County, hereinafter referred to as Parcel is the owner of that certain real Los Angeles, State of California, Arcadia, California "A"; and Covenantor Nest property located in the City of Arcadia, County commonly known as 409 Genoa Street, , and legally described as follows: Lot 1, Traet No. 36287, in the City of Arcadia, County of Los Angeles, State of California, as shown on map fired in Book 986, Pages 41 and 42 of Maps, in the office of the Recorder of said County, , " of ~ >- >- '" rn '" i1 LJ ,- '" .... U 0: CD ::r: ~ u ;z: 0 ~ Ii: B "l hereinafter referred to as Parcel "B", both of which Parcels A and B are hereinafter V referred to collectively as the "Affected Land." Covenantors 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 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 land located within 500 feet of the Affected Land, as follows: . , \ ., ReCiprocal Drive Easements and Covenant - different owners 3/82 ACA 1. Covenantor C.hAng Parcel "N' hereby grants a non-exclusive easement [or ingress driveway purposes for the benefit of Parcel "B" to be used in "A" h 1 28 over t e easter y 10 feet of the southerlv 9 feet as O1,.,ller of dud eg~ess for ~ common with Parcel of Parcel "A". 2. Covenantor Nest as owner of Parcel "B" hereby grants a non-exclusive eJsement for ingress and egress for driveway purposes, for the benefit of Parcel "A" to be used in common \.Jith Parcel "B" over the westerly 10 feet of the souther Iv 289 feet of Parcel liB". 3. Covenantors agree to maintain at all times in good repair the driveway easements described in paragraphs 1 and 2 above and equally share the cost thereof. 4. If this Covenant and Agreement is breached by either or both Covenantors or their respective successors or assigns, Covenantee 15 hereby authorized to bring an action in G court of competent jurisdiction to enforce this Covenant and Agree- ment. In the event of such legal action, Covenantors or their successors or assigns shall be liable for the reasonable attorney's fees of Covenantee. 5. The easements in paragraphs 1 and 2 above shall not be terminated or violated unless COnsent in tvriting is first obtained from the City of Arcadia. 6. This Covenant and Agreement is for the benefit of the land of and shall inure to the benefit of the Covenantee and its heirs, successors and assigns and is for the benefit of and shall inure to the benefit of all the Benefitted Land and the heirs, successors and assigns of the otYllers of the Benefitted Land, and this Covenant and Agreement sball run with the land and shall be binding upon the heirs, successors and assigns of the Covenantors. 7. Covenantors agree to notify their assignees and successors in interest in Affected Land of this Covenant and Agreement. 8. If any section, subsection, sentence, clause, phrase or portion of this Cov~nant and Agreement is for any reason held to be invalid or unconstitutional by the d~cision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Covenant and Aereernent. 9. This Reciprocal Driveway Easement and Covenant and Agreement to Hold Driveways in Common shall be prior and superior to Covenantors' interests in that certain ~sement for ingress, egress, public utilities and driveway purposes over Parcels A and B only insofar as it relates to ingress, egress and driveway pur- poses over aforesaid parcels, dated March 20, 1980 and recorded April 15, 1980 as Instrument No. 80-380371. 82- 40BPi'36 -2- IN HIT}..TESS U::-.:EREOF , Covenantors and Covenantee have executed this instrument on the date shown opposite their signatures. "COVENANTORS" Dated~.(, 2. t /.91 d.. By NEST CORPORATION Dated 7'l)~ 20,/ /9JY2 :j /l A-<AA r.P ' . , By / c: 'TSAI-I CHANG "COVENANTEE" City of Arcad ia Dated ;?/~ J~ /lf2--- / "~ MU / Ceo g~J. Watts City Manager (All Signatures must be acknowledged by a notary.) (If ,a corporation, corporate seal must be affixed.) 82- 408'736 -3- ~ARw'A/ n~rin Florea and Margaret L. Florea holder of the beneficial interest under CONSENT AND SUBORDINATION TO COVENfu'lT AND AGREEMENT TO HOLD DRIVEWAYS IN COMMON RECIPROCAL DRIVEWAY EASEMENT fu'1D as that certain Deed of Trust and Ass::.gnment of Rents (the "Deed of Trust") , made as of , among Nest Corporation December 15. 1978 as Trustor" and Fortress Trust Deed Corporation, a California Corp. as Trustee, recorded January 2, 1979 , as Instrument Number 79-1174 . Los Angeles County Off1cial Records, for and in consideration of the acceptance for recordation by the City of Arcadia of this Covenant and Agreement, does hereby consent to the execut::.on and ~ delivery by Nest Corporation , to the C::.ty of Arcadia of this Covenant and Agreement, and agree that the interest -Di'tR."" ,^' of ~arc~n and Margaret L. Florea in and to the Property des- cribed in said Covenant and Agreement, shall be subject and subordinate to said Covenant and Agreement, and that said Covenant and Agreement shall be cha~s and encumbrances on aforesaid Property prior and superior 'to f3R~/N ' and Margaret L. Florea's interests in aforesaid Deed of Trust and to the lien of aforesaid Deed of Trust. Dated: /l;ctv ~ , 19 Jd-..' \_J- ~~~ DUl::';'u Florea ~RW';"; 82- 408'736 APPROVED AS TO FORM: of Arcadia ACA 9/81 Consent and Subordination to Covenant and Agreement - Individrn1 /11 /1) !: ) r JD P-- ' STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On ~ ~ ,-" , 19 ~ 1-, before me, ~~ [.L yY'\. ~ th-If---JL-.- , a Notary Public, personally appearedjfL~ P. (JJ~ cl.. ~i. ~ ,~ ~6V1' AN/) ~ known to me to be the V n. ^ ... j',ft:,t1;'u-fE-/Z ",,(Ef/ct:.17v&'-Y of the corporation that executed the within instrument 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. lo\-~ \i.mC-4~~ Notary Public (Official Notarial Seal) ACA 10/79 Corporation !....D....DDI..'.....'.,D.........D..... : @ OFFICiAl SEAl : : MAXINE H. McCRACKEN: . NOTARV PUBLIC. CAliFORNIA : : PRINCIPAL OFFICE IN . : LOS AtIGElES CC;..JNTY : : My CommtSslon Expires Jan 12 1983 : .O.I.......DD.G.I...........~..~.......: 82- 408736 1 ~f,J ~ . ~ STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this ;y6-rH day of IJ)IJR~II before me, /).rE-'l< - H.1=. '>'M..<5,.i.fl' ,19~, , a Notary Public in and for said County and State, personally appeared ~/f( J C~ , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that SIf? executed the same. WITNESS my hand and official seal. Notary (Official Notarial Seal) ~ . OFFICIAL SEAL PETER H, F, NGAI NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My comm. expires JUL 19, 1982 ACA 10/79 Individual 82- 408736 /' n / O. k } I ~:JR STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this ;)4. day of ~,M.d , 19? 7..-, before me,'1lt-Clfv""';' \1 -Eyl ~ ~~ , a Notary Public in.and for said County and State, personally appeared ~~ '-. iO\OJL d~ ;; 1- 0 A)U...4- , known to me to be the persons whose names ~t: subscribed to the wi thin instrument, and acknowledged to me that ~ executed the same. WITNESS my hand and official seal. it\t~ Q~ IJ 1n ( ~~~ Notary Public I (Official Notarial Seal) "'D.a'DaaODa.o.a8..caae=D.eD..a..~..... . . : @ OFFICIAL SEAL . :: MAXINE H. McCRACKEN: : il NOTARY PUBUC. CAlIFORNIA : .. Pr'lINCIP"L OFFICE IN : : LOS ANGELES reJi"iTY . . . : My CommissIOn Erplres Jan. 12t 1983 : .81.eGD..gaCaaaag:rcDeDe8s..o........... ACA 10/79 Individual 82- ", 408736 l . j\( C 1'1 ' STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On 'riJ/L/'J dt, , 19 U , before me, the undersigned, a Notary Public in and for said County and State, personally appeard GEORGE J. WATTS, known to me to be the City Manager 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 SE;-L~l o " , CHRISTINE VAN MAANEN I~ ! . :.. NOTARY PUBLIC. CAUFOR r\' ,( ,,' ;;:.., LOS ANGElES COUNTY M~_m. expires JUN 27, 198:' 240W H U _. --~- " . un nj'tgn Drive, Arcad18, CA 91006 ~ 82- ~OB735 ACA 7/81 City Manager