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97 1406656
Recording requested by and
~hen recorded mail to:
RECORDED/FIlED IN OFFICIAL RECORDS
RECORDER'S OFFICE
. LOS ANGELES COUNTY
of Arcadi ~ .....L CALIFORNIA --
Dr.
2:41 PM SEP
qity Attorney, City
240 West Huntington
'Arcadia, CA 91007
11
1997
COVENANT AND GRANT OF EASEMENT
EE 13
OAF $2
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Recitals:
1. J. T: Posey Company, a California corporation
(Covenantor), :is the owner of the following described property:
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Lots 6 and 7 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
offi,:e of the County Recorder of said County.
2. The Arcadia, California, Building Code requires a
separation of at least 20 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 seventeen feet from the property line separating their
property from Lot 7.
4. Nichols desire to secure a building permit from the City
of Arcadia to make improvements to their property without adding
protection to 1:he 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 6 and 7 cannot
erect a wall closer than 20 feet to the building on Lots 8 and 9.
6. The Covenantor is willing to give Nichols an easement
over the Southerly three feet of Lot 7 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
26345, and to provide for assurances.that the building on Lots 8
and 9 will meet the setback requirements of the City of Arcadia,
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California, the Covenantor covenants and agrees as follows:
1. J. T. Posey Company, a California corporation, hereby
grants to Steven A. Nichols and Kathleen D. Nichols, as community
property, an easement for building code compliance purposes, over
the South three feet of Lot 7 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. J. T. Posey company
retains the right to use said easement for parking and
landscapin~ purposes.
2. It is agreed that the Northerly line of the easement
shall be deemed to be a line parallel to and three (3) feet
Northerly from, measured at right angles, the Southerly lot line
of Lot 7 of said Tract 26345.
3. This Covenant and Agreement shall run with the land,
shall be binding upon the Covenantor, their heirs, successors,
assigns amI 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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Dated
CITY OF ARCADIA
IDMJ
william R. Kelly
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Dated
ACKNOWLEDGED
Steven A. NiCh(~~
COVENANTOR
J. T. Posey, Company
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Kathleen D. Nic:hols
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Ernest M.
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Posey,
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Dated
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Dated
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97-1406656
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STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS .~GELES )
On ~!'fl before me, the undersigned, a Notary PAPlic in and
for sa1d State, personally appeared ~A~~'--~'~Ju~personally
known to me or proved to me on the basis of satisfact6ry evidence
to be the person(s) whose name(s) is/... subscribed to the within
instrument and acknowledged to me that he/ - . ~ .' executed the
same in his/ . I" i- authorized capacity(ies), and that by
his/II 1 u to signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
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P8Rlc11a1ll L. Campanenaf
~ CcIIlm. .1025911 Cl
" NOTAR'fPUBlIC -"UFO..,.,.
~ LOSAHGELESCOUNTY ~
a Comm. Exp. June 26. , 998 .
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S nature of Notary blic
97-1406656