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Recording requested by and
when recorded mail to:
City Attorney, City of Arcadia
240 West Huntington Dr.
Arcadia, CA 91007
COVENANT AND GRANT OF EASEMENT
Recitals:
1. Daines and Payne H2, a California General Partnership,
(Covenantor), is the owner of the following described property:
Parcell:
Lote: 10 and 11 of Tract 26345, in the City of
Arcadia, County of Los Angeles, State of
California, as per map recorded in Book 670,
Pages 65 to 67, inclusive, of Maps, in the
office of the County Recorder of said County.
2. The Arcadia, California, Building Code requires a
separation of at least 10 feet between a building with
unprotected openings and another wall.
3. The building on Lots 8 and 9 of Tract 26345 belonging to
Steven A. Nichols and Kathleen D. NiChols (Nichols) has a setback
of three feet from the property line separating their property
from Lot 10.
4. Nichols desire to secure a building permit from the City
of Arcadia to make improvements to their property without adding
protection to the openings in their building.
5. Based on the requirements of the Uniform Building Code,
the city of Arcadia will not issue the building permit to Nichols
without requiring protection to the openings of their building
until the City is assured that the owner of Lots 10 and 11 cannot
erect a wall closer than 10 feet to the building on Lots 8 and 9.
6. The Covenantor is willing to give Nichols an easement
over the North seven feet of Lot 10 of Tract 26345 to satisfy the
requirements of the City of Arcadia.
Aqreement:
In consideration for the City of Arcadia, California
granting a building permit as permission to make certain
improvements to the building located on Lot 8 and 9 of Tract
-1-
26345, and to provide for assurances that the building on Lots 8
and 9 will meet the setback requirements of the city of Arcadia,
California, the Covenantor covenants and agrees as follows:
1. Daines and Payne '2, a California General Partnership,
hereby grants to steven A. Nichols and Kathleen D. Nichols, as
community property, an easement for building code compliance
purposes, over.the North seven feet of Lot 10 of Tract 26345 in
the City of Arcadia, county of Los Angeles, state of California,
as per map recorded in Book 670, Pages 65 to 67, inclusive, of
Maps, in the office of the County Recorder of said County. Daines
and Payne #2 retain the right to use said easement for parking
and landscaping purposes.
2. It is agreed that the Southerly line of the easement
shall be deemed to be a line parallel to and seven (7) feet
Southerly from, measured at right angles, the Northerly lot line
of Lot 10 of said Tract 26345.
3. This Covenant and Agreement shall run with the land,
shall be binding upon the Covenantor, their heirs, successors,
assigns and encumbrancers, and shall inure to the benefit of, and
be enforceable by, and may be released only by the City of
Arcadia, California.
4. This Covenant and Agreement shall be recorded in the
Office of the County Recorder of Los Angeles County, California.
APPROVED AS TO FORM
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CITY OF ARCADIA
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william R. Kelly
IIr17...I/ 7! 109'7
Dated
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Dated
ACKNOWLEDGED
COVENANTOR
Daines and Payne #2, a
California General Partnership
.2f L)' .~~'
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Steven A. Nich6ls
Dated
Partner
f-rb- 97
Dated
7(o-/t!t2,;, j) 'lUd.-d~
Kathleen D. Nichols
1/ /.] '7"'7
-2-
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
. 111 .
On Apr11 ~, 1997 before me, the unders1gned, a Notary Public in
and for said State, personally appeared Larry M. Daines,
personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed
the same in his authorized capacity, and that by his signature on
the instrument the person, or the entity upon behalf of which the
person acted, .executed the instrument.
Capacity in which instrument signed - individual.
WITNESS my hand and official seal.
4. ...u Ai. .A-I,
Signature of Notary Public
97 581535
RECORDING REQUEST BY
RECORDED/FILEO IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
2:41 PM APR 17 1997
WHEN RECORDED MAIL TO
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SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
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