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HomeMy WebLinkAboutD-2527 .~ , , 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 ~~~;~. {ill~L~ CITY OF ARCADIA ~ william R. Kelly IIr17...I/ 7! 109'7 Dated ..t,Mrf Dated ACKNOWLEDGED COVENANTOR Daines and Payne #2, a California General Partnership .2f L)' .~~' .?Z x0 ... y /~ 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 HAME $7p)aJ A, AYC#('L.! MAllINC .;:'", "'0 ~ ;/07 ADDRESS r<. . r:> ~ eo d '.....A_"'> " Oft (~/d77-/{,07 em. STATE Id~<-rnn'-'I / 7. lIP CODE SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) OAF C.20 C 0I..',~A7V/ IT;vD (;-t:..-rr Or ,E/fS .c,n~r- _ I ooeu..~... TOANS". TAll' --e- d/ r::;- . . h___.___ eoMwuklJ O. tuu. .4&,,,, Of '''''~-eo,...(~ -___n_. 0" ~""'td 0111\&1...... lESS 6.1t". .a,..~ . eu.:.U. ;;t; ;.... . J l"'~ .It'!' IV ~u.. C ."- , _ ---.!.!.-~ _ ~ / -.:netwe ., o.ar...."( iw ~ d"""'~"; ~ ,,;.;. ....:..e R"21115.'~