Loading...
HomeMy WebLinkAboutD-2410 'C...,.~.............:-", ........--.J', ........""1., ..............., n......L....................., IlV.L.LIIIClII, nUll\.. 1lI .LIILU\.,;.r..IIlVl..\..UIL '225 56~ ~ake Ave., Penthouse Suite, Pasadena, CA 91101 D- ~'IIO . GRANT OF EASEMENT ~ This Agreement is made and entered into by and between Jian C. Lian and Andy S. Yau, a sin~le man (hereinafter referred to as "Grantors"); Cree-L Kofford, Ila J. Kofford and Sandy K. Chang (hereinafter referred to as "Grantee , o p y of Doc:ument Recorded 81b1~ '"l!.r Has not been compared wtth originaL Original will be returned when N, llr . ANGElES coum RmISTRAR . RECORD~ Arcadia (hereinafter referred to as "Arcad a WHEREAS : (a) Grantors are the owners of the re 2330 Lenta Lane, in the City of Arcadia, C State of California (hereinafter referred to as the "Servient Tenement") which is legally described as follows: "Lot 11 of Tract No. 18787, in the City of Arcadia, in the County of Los Angeles, State of California, as per map recorded in Book 475 Page(s) 41 and 42 of Maps, in the office of the County Recorder of said county." (b) Grantees are the owners of the real property located at 2406 Lenta Lane, in the City of Arcadia, County of Los Angeles, State of California (hereinafter referred to .as the "Dominant Tenement") which is legally described as follows: "That portion of Lot 109 of the Arcadia Acreage Tract, in the City of Arcadia, as per map recorded in Book 10 Page 18 of maps, in the Office of the County Recorder, described as follows: Beginning at the Northeast corner of Lot 13, Tract 25782, in said City, County and State, as per map recorded in Book 669 Pages 80 and 81 of said Maps; thence South 890 04' 30" West along the North line of said Lot 13, a distance of 102.49 feet, to the East line of DOCUMENTA'Y TRANSfER TAX ,.,-liUNE --COMPUTED ON FULL VALUE Of PROPERTY CONVEYEO --OR COMPUTED ON FULL \'."u;e; LESS LIEN~ ^ND ENCUMBRANC'-$ ROiAINli.C. AT TIl\1t OF SALE. This is a bonafide gift and the grantor received nothing in 'return, R & T 11911 ...--....'.I.~ o' DCO:'3-:1I....~ or A;"",.,: detef"minin!: ~ax_ Firm Name . c Lenta Lane, as shown upon said Map of Tract 25782; thence along said East line of Lenta Lane as follows: North O. 56' 04" West 64.48 feet and North O. 26' 26~ West, 60.00 feet, to the North line of said Lot 109, thence North 89. 04' 30" East, along said North line of Lot 109, a distance of 106.68 feet to a point therein, distant South 89. 04' 30" West, thereon 192.01 feet, from the Northeast corner of said Lot 109, thence South O. 44' 51" West, 124.54 feet to the point of beginning." (c) On or about March 20, 1953, the predecessors in interest of Grantors made a purported dedication to Arcadia by virtue of a subdivision map, a true and correct copy of which is attached hereto as Exhibit "1." Said purported dedication included, among other things, a portion of real property designated in said map as "future street" (hereinafter referred to as the "Subject Property") which is purportedly a part of the Servient Tenement. ft (d) The SUbject Property is approximately 10 feet wide by 60 feet long and is located along the southern most portion of the Servient Tenement and is immediately adjacent to the northern most portion of the Dominant Tenement and is legally described as follows: That portion of Lot 11 of Tract Number 18787, in the City of Arcadia, as per map recorded in Book 475, pages 41 and 42, in the office of the County Recorder of the County of Los Angeles described as follows: Beginning at the southwest corner of said Lot 11 of Tract 18787; thence north O. 23' 55" west along the west line of said Lot 11, -2- a distance of 10 feet; thence north 890 36' east, a'distance of 60 feet, to the east boundary line of said Lot' 11; thence south 00 23' 55" east, a distance of 10 feet to the south boundary line of said Lot 11; thence south 890 36' west, a distance of 60 feet, to the point of beginning. (e) On or about March 31, 1953, Arcadia rejected the purported dedication of the Subject Property. (f) No acceptance of the purported dedication of the Subject Property was made and recorded by Arcadia within twenty-five-years after said map was filed. (g) The Subject Property has not been used for the purpose for which the purported dedication was proposed within twenty-five years after said map was recorded. (h) Several times subsequent to the filing 'of said map, the Servient Tenement was sold to third-persons and the Subject Property was used by various individuals as if free of the " dedication. (i) On February 17, 1989, Grantees initiated a lawsuit against Grantors and Arcadia by filing their complaint alleging causes of action for declaratory relief and to quite title with respect to the Subject Property. (j) Said action was filed in the Superior Court of the State of California for the County of Los Angeles, Northeast District, and is identified as Case No. NEC 59178, Cree-L Kofford, et al. v. Jian C. Lian. et al. ("Action"). (k) During the five years immediately preceding the commencement of the Action, Grantees used and possessed the Subject Property in an open, notorious, continuous and -3- uninterrupted manner, hostile to the true owners and under a claim of right. (1) Based on their adverse use and possession of the Subject Property, Grantees have obtained a prescriptive easement in the Subject Property. Now, THEREFORE, in light of the foregoing facts and in consideration of the promises and agreements of Grantors, Grantees and Arcadia that are set forth in the Settlement Agreement that has been entered into and concurrently executed along with this Grant of Easement, it is mutually agreed as follows: . 1. Grantors hereby grant, transfer and convey to Grantees an easement in the SUbject Property which is appurtenant to the Dominant Tenement whereby Grantees may use ~ the SUbject Property for the following purposes: For ingress and egress, for the planting and growth of trees and garden vegetation, for recreational use, and for any other purposes (excepting the construction or installation of any building or other permanent fixtures on or below the surface) which do not interfere with the sub-surface easement in gross reserved by the City of Arcadia or . other rights of the City of Arcadia including access to its sewer and water lines. 2. Grantors and Grantees agree that the City of Arcadia reserves an easement in gross under the surface of the Subject Property for the fOllowing purposes: For the installation and maintenance of pipe lines, utilities and conduits therein, with a further right at all times to enter upon -4- said'land to inspect, repair, replace, use and maihtain the same. 3. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. No representations or modifications concerning this agreement shall be of any force and effect excepting a subsequent modification in writing signed by the party to be charged. 4. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys fees and costs. 5. This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. . IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement on the date specified hereinbelow. May ., "J - - -, 1989 c~<??- <. Cree-L Kofford State of California ) ) ss. County of Los Angeles) On this '2' day of May, 1989, before me, . "/,,,1, 1~'_^jlVl-<~ the undersigned Notary Public, personnally appeared Cree-L KOfford, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed it. WITNESS my hand and official seal. OFFICIAL SEAL I M, A. HANKE Notary Pubhe-calffoml8 LOS ANGELES COUNTY , 1 . /,' / (, { (; i../(;,: ~;j", .( Notary's Signature il....' ,-" ,\),; . : "" ",' My Comtn. ~. Dee. 3. 1990 -5- , .- May z :::. -' 1989 --" , .J."' ',/\ j ./, , , " !la' J. Kofford state of California ) ) 55. County of Los Angeles) On this :2. day of May, 1989, before me, ;1; ~ ' /--I,,/IY/-,:: the undersigned Notary Public, personnally appeared Ila J. Kofford, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that she executed it. WITNESS my hand and official seal. @ OfFICIAL SEAL ". " M, A. HANKE Notary Publlc-Gallfomla :: ~~~. LOS ANGELES COUNTY ~ :~~ -' My Comm. &:p. Dec. 3. 1990 . . /1 cite (: J../Citd-t Notary's Signature state of California ) ) 55. County of Los Angeles) On this z.z. day of May, 1989, before me, 1-,1, /1 /-(A tVkE the undersigned Notary Public, personnally appeared Sandy K. Chang, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that she executed it. c~""~~ ~.0 }i':,-m Sandy. Ill. ,~,ilng ('\ / \~, , -. '- . . - \ '--../ Kay 2 L ,"1989 WITNESS my hand and official seal. (((Z"(;/.l~, d~-{ Notary's Signature OFFICIAL SEAL M,A, HANKE Notary Public-caU1cmla LOS AN~=LES COUNTV' ~ My Comm. E~ [)toe. 3. 19~..) @~'''''' '\~ . . "(', ..' '~ -6- May 2/ -' 1989 :',"- ... L. ~-:'- C. Lian ....-- 'Jian State of California ) ) ss. County ,of Los Angeles) On this !..L. day of May, 1989, before me, -Ii, .,1 j..j,l JVI.:~ the undersigned Notary Public, personnally appeared Jian C. Lian, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed it. WITNESS my hand and official seal. !~ . OFFICiAl SEAl M, A. HANKE Notary Publk:-c.m_. LOS ANGELES COUNlY ..., Comm, Exp, Dec. 3, '990 - '/. ""/ . ( .( f.(( (" {-,,-~jc-..( Notary's Signature -,1 May~, 1989 IhJ'.i, S.,,}. -1 u Y (Lv. Andy S. YauJ 'oj !}. State of California ) ) ss. County of Los Angeles) On this '2/ day of May, 1989, before me, /tJ, A, I-I~ JIlt.::'=- , the undersigned Notary Public, personnally appeared Andy S. Yau, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and aCknowledged that he executed it. WITNESS my hand and official seal. @~,..". . ,0 , 4" ..' OFFICIAL SEAl M, A, HANKE Nc1ary P1Jtll\e-ca"tom'e LOS ANGELES COUNTY t My Comm. Exp Dec. 3. 1990 ~I i/ ' ./ t ' I" J' ( / .,; II:a,,~' '..... 1,'_' '"" .... ,-_ Notary's Signature .--.::; -7- ,. , /'" I, J ;:, /..... : ;i ,. . . ' (. V._ (' ,. ; ~ \,' l!~er / / ! /' ~. / / / '//,- ,. I, / ,', . , , C;<;, 'J~ ..; ',. <\-rl-~ Auth~~'~:~d 1~~e'~'t'I;~r the Arcadia (Name) (Title) City of May .!i-, 1989 \.>' ,') t.,:~cr'1-e)l State of California ) ) ss. County of Los Angeles) /(') rL ;'I , L) On this JL day of May, 1989, before me, '- ,,.;D'1 ' r'\bu-'C, the undersigned Notary Public, personnally appeared Gea"1f :). 'L'a,__t+~ , proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that ~ executed it. WITNESS my hand and official seal. f..().<("'..-_......_._+-. "., /~=:, t ('..-:-.......,.~ r)<nr.l"l <;rAl . . ff,",,"';'J.~i~ CINDY L ROWE : 1~ ~\.1f"'.~':i;'~; 1~:JH~Uf PUBLIC C...Uf'ORNiA t \ ,~~.../ ''':tl~rlPAI OFf '::( IN ! . '.....~~/ LnS "NGELfS COUNTY ~ L_+":;+~7~j;J:i;l\:l~I1!~f; ~S~~rantors' /l' :i; I~) l'-..c-Jy (' \ ~~- Notary's Sig~ture spouse: I, Emily J. Lian aCknowledge that the interests conveyed in this instrument are the separate property of my spouse. I have read the foregoing instrument carefully and consent to its execution and performance in all respects. May :2 ( , 1989 ) )1 l' ' l (." t: /'/ ;-:1( // Emily J /Lian State of California ) ) County of Los Angeles) On this 21 day of May, 1989, before me, .-~I ...1. t-f-4IVJ<..--, the undersigned Notary Public, personnally appeared Emily J. Lian proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and aCknowledged that she executed it. ss. WITNESS my hand and official seal. @~:.'" , ' ~ . '" ". .-' ~-~-,J OFFICIAL S=:..L M. A, ri.~NK: Notary Publlc~lltomla LOS ANGELES COUNTY './ I/.," , f.. (,~ (,'. la, :k<.1.' Notary's Signature -8- "., ' 800K<<PNfJ!.~ " " .' " , '//.-- . ".. '. .$HaT I 011' R .sHL~r.s u~j)I~r fNI~ Ul~lfJ3lo :\5:!7 RECORDED ""-41_."0"".' J' .,)....1(. rrr~ '-I,I'I.r,; 1f.4:l,. ~ r'~ lOB". "'1v.::- Ayrl';: _..jl .._ IN THE CITY OF ARCADIA. HI" . lUalMtlIM"'~ "lilt ",1. I/IIU.TIlCT III U.. AI IIrMI ,'oM' 1- 11l1li. _," 111_ "'.lt41 " 1IloIIf.,_If" IOIA11..UI e...".. lIIl ....,... .. LIr lit .,.awa AWMI _Ie ,_ l1li MAl' __an 1111.., ......11 ., 1Wf, "_I lP 'AI, cmrrr. ALII A HIlIII" " _ AI nu.nl 11 '1llllAllll' II' lit ~m 111 TAl CI" "AICAIIA, ClIl,nNIA.. " ~~~~,~~~~ I '*'!'r nIrk'T 1*1: ,., ~ ~ ~.,,. .-Ie ., Q.. .......,...~ ~IJ' ",..,. ..... 11M ~. --- 1~lho' if1 II~ /tIN /Itb.-p ~.,,,. .; "- ....0. ......wt .... J ~ tI"" Me Inffb _JuJ,,; ,),,,,. .,,.;, 4"."""'.#011 .dJo."n ."",. tllrIt..<<t .. ,..,...,. ~.... ...e;,. -; ."JM'"""'" /It Mmft./IG. ,.,J- lite ,..,. ",IWII ftltn,,} ,. 11M pr.,p.,..l/on ..nd "'CO#'tNh-"" ., Mld '""'I' ~. _ ,. ., ,.. ~,. .J hoINM. ......... ...... wiI .. ... .~ ,.,lIdivi#_ .. ........ .,tMl" Me ~ 6oHIc" ""'.s _Ifd . "..... 1NIt...GoPf....1IS'4 IN" MHI "..",..,.b .... _"'w.,,)." ~....*.~".,.....~....... ."..".. ~~"""".:"""'__ .... ,.".._ ,. .. 1"HIIil.J ,.hv~. __ HwJ ~... ,. 41... ...... ,........,.,..-.- '....... *'-..,..,...,.. ~.,....,~ -.-, "r". ........,,,.,...~_.^"-MWl#.,...,,....,.___,....Mr_.,........WJi# ~ ... l ...... It,,,,.,, _'I H _ n. .,. .m:. J"" t:r./Y .............. .,.Ttr.,...",J_.M-.- ."...,~",,""'" ~ ~ .,.."..,.,.,. ~_ _ "lor _ 0cI'. ~, . ....., u ,-.,.--..................,...._~~~."--.,-~..., --7- ............: ;,;..,;a,.-.w ..~.,...,-"'........ -,...,.'Up.-,,,...,.,...,,.....,-, i~~~-._-#:-~.;.~6 ' ~~"t/-J;::u-Z;;;-/ \ . Ii "'81 _If ." ,_ ."-- "",...., - 11 - ... ""',.." J.,. .,."".. .... -' -."...,.,. -.. _, /IIW ., ,.- _ """''N4iI _.-. _~. oJ''' crIy.r___ ~ ..,14 -' ,." ,- ~.'!W /110' .-- -,. ,;"......" ~ "''' ..,..,. Ie C'1y _, '.~ = . . -.I.,~,,;I.,~l.-'"5. '. .~?-!.':.9.?r~...... '......,--,-, ~.".....' OF No t1/y ., _ I ~ -'t - ,., ..., ~ or.... ..., ., - ,,-,..... ,I/Iftih,'~,1U1 ~ ....: ... ~ ...,. - -...- -- or 1M t-6'it: /'.,. "'r"owy ~ ,.. '-- -- ..oJ_p_ _... .,1/,__ ""',.",NJ;..,..,..- Air'-r ,.- _Me -'/i;__s..;~____. ....,...,--_ <<So ,..",,.,,. ~...... -..., ~ --' - -,.....-. :" .!f. _.. ,.,.~1eJ ",... ,. ,.,.~'..,. .,.... .. ., lit. StdN/I'..,..,. "'PAd: ' . /JoNll, I!f.r,(,n...1f.U. ,t!?,,!:!,I.f.'...,..:..t~......:, ,.......' "1'('- .,....0"..,........... , ....~ _Ij- _ ,..,. ~ _ -. lOr .....- _..."., ill... .,. f!:'!!" .,.,n,.",."n ~ 4' ~ .".,,.,.,. 1M ~ .. 1M'" ",.~,'3;' ....... _ I"- ~""...;: "p -ftIJI/' MIl''''' Mild I.. .~Jo h J'" Air ,..""ojNI AMI. ~ iH~1tI/ ~".MIfI1I/Ifh ............".. Mi8 .. IJIJIt ,., ~ ~I IIS3 '/lS#. ;" "". ---'" ..,..", ~,Ir""'1W ..,. ,. '---I All .."" #II ~nJ" -.w .",;np.l ... .. ~ .IM....",. .,..".;.,." ,..,... (J","".{/,<<U7.,19~, jf..............g~:".,..-- ,.......,.. .-............,....tny.- I _It- _NIj- """., ","",I #,..._ ..._ - No ./",. "'._ J:,.. Oly .f _.. ='" """... /oW IHwI ~ ,... /oW -.. ,ulul;",.,.." _ *'Y pI"I H1c"'G~ " ,""./-cJ."d ___at ""'1' _,-Id in Ivl. .... .",,, p#1tI iii rv:l. . ~,fI,.<4,n.l9n, )i...." .."-: $.c~,:....:,~ .::::::... ~,,,,.., .r Me t.1"1y .J: ~ 4pp"'''.'' Jty J.h PII~-r ta-,.,lu,.. ... Ht6 D'''' ., ANWlAtI. D.,""',(1)~~.s,..~of...l9SS. ..f.~.~ .-..,;;;:;"7 SIttt.orCollr.,.,.,. } .. C_Iy .,. ,.. A".... . . . 0" 'A/.2!_o'.,:-r.&:r_~# M/b_ ___~~~. cr NO'o"" Pvb/lc In .nd"'" .oid.Counlv. ,.,.,onoll'f flpp<<NWI A.....r Q J(ltIIr.,1ItI 'lnd N~" G, KlitvruN~ It"..", 19 WI. It) ,. 'he pc/7Ol'J'$ """.. no~ 0,. a'h-/'IMd hi ",. ",IIN" '-"""fI1fPI#nJ ond oCI(Mtv.lltto'gttd 10 m. "'.1 Nwv .ncu'" fM ~"... ~i.J~~- "4, ,..- ,,,...7 I O' "II' "-"'1.01 ~....... ....'.,t. MooR.", ,.S~. I"'''': Ij !I1.'~ c.c""!"),,. ~...,.. .. ,j', IYit('tU...., "" ..~ dOC' .I ....")If~ L_l~ J"~__._~ . t:=.':~' J lor . 1,,: ~.J;tl:r .r.1!f~~ 19S3. wo,.,.". q..(.~<tJ.J!.!!!! . NoIoty ~JJ,e I" .,., fW ..Id C1NMJlp. ,.,..,.-11, ~ 1("". MI'I. EIW.If~w. K...-,.",. ,...,,..~" ,,""'ItOt"_ I. .,,6'1:,,6<</ to'IM .",'Nf/" ,,.,,.,.,,J __ ~~ ,. ""' ''-I <Ih. ..fttl/N 1M ao_ . .,', ~.. . .'..) !_.~--_._-,~" ~- Mf/ 0.-,..... 9"";,..: :;..I,.-I,S'F ,/.....,,.,,,.,,*/IIItt,..,,,,._~~,s. 0/lI/l,....114......,.;# .Mir~"",~. !.f!.'!f..,A.r:~:..~'".,14S' ~;,~;.'~ .--.......... --....-..1ili!l!IUt. ..-.....-..-....."""".....- ..... IIW .. ... BDud .. .-ttJ .. u. ~ .,... .. ..... ~~"._Iud~DU!mapol - 747.: _. __.u~-"b;kW: At:rDfd""-.r%' . Camtr ~ MIl w-oll}:", I.:krk 01 die.... .. ~y~""-""'''~ . - ...~ - . .........., tW I.......... WI...... It..... .... ..........ce ...,... UIII.I_ _tIIIW u........ II ........,~............. ftI'UtW.. b' Ute all""'. -. ~/~II',q W1UIAM J, FO~ 'ilPl~- ,; t i t :,'# -.-- RODELL " -_._~~ - - , . : _rr _ __ . 4ltllr4, 7f~!~f(Cr WJ~ UfQ31@iJ: :l:->>~7 . RECORDED ~.I~"'i'J,/ijJ3 4' '1:~, ;6 '/'??11... '""" ..if:E- AT'.Gr4~ ..._ or ..... .,,:('11110' un.'.~',I' ,." ,. ,'"", . . . I; ~I 'I I~ I~ I~ ~. I~ ~ ~~ -Jf '1 T J- ---'-:-' "'cf."J -- .JII' ... - A'i'"'' --- r;:;;- oAj( - , IN, THE ~/7Y OF ARCADIA. .sau.. ~.. so' IlMNIr7; ~N " _n'N ""4 .~NlIIf. . "UiI'V.""'.. 'j I,L ftLllJ/l._JJotJ.-' " ~r__...._. ../"'#___.. .- .p LONqDIN , ,e!_N" AVENUE ,"l.ll:l,':.~=-.'l'~~!. _._.--fE= ---=.~'!~. :...14t..,~_._~" ,_ n' -aM.. ~\~...... "~.,4 - .l . ',I' ,/;'1:,-, ' "fl .. - + ao . -1- ~ ~ 'l: I t~ li~~ ~i~ J !oI . ~"'Q :t'I'~ .. ~ I /II ~ ~ ! ~~, ..., EI ... ~ ~ " \1 ~ I ,Mlt ...; wJ \. , '/1 i ~. ! l ~ II , '81" "I ~ I ~~ ~ 11). ~. l 2 I 7 ~ II~; ~~... : .'! ~ I~ ~ \:' I ~. t 3 ~ ~ . ~ ~II ~ i ~ 4 ;' U ( ~ "-~ ~ ~ I(~ ~ ~ "- l: I{ I ~~ ~ ~ : ~ ': z' , ~ ... ~I ~ 'I ..J .. , M....~. 8 8J .'n MA/tQI ''11.$. ~&COMM:. .. (~ - t11:~ '3I\Y a, ....b'.LllM..ll",-T. HJ,X'9 Ii Is I , ," ,:", M" .. i ~. it . . i J ) . I . ~ ; J z. . '" . . ~a , l ~.: . , ~1 t . . ~ S : t "'1 f: a "~ , = '9^\ ,I ...f".ia:i"N'" -!- ......, I~ l! - &utJ or 6CMt/lllt;~ ,.,~ ""'J/t'tJtrL,~ __ c...w t"", ., t..,......O\ TIWd 110. 17.." /If. II 41.4 . ~ . ... .,...- ......,.. 'I.~', .... ~ ... '1111, -.". All ...__....." ~ .. ., .,. --..,.... -ClfW~" "".......,. -' ,,.,,,"'. 'w, '--- I .~ .'../ MUNNS, KOFFORD, HOFFMAN, HUNT & THROCKMORTON A PARTNERSHIP INCLUCING PRO"IESSIO,..AL CORPORATIONS CREE KOFFORO" GORDON HUNT- SPENCER $. BECKSTROM- A. ROBERT THROCI<MORTON" .JOHN F. W",TKIN5 JEROME O. MEIER EDW....RD H. CUMMINGS" GEORGE .... OAKES DALE ... ORTM....NN .. RICHARD E. BLASCO" STEVEN R. YOUNG 1'". GLENN NICHOLS MICHAEL .). RAYMOND GREGORY Ie W....N.......SS THOMAS P....LFF'Y CRAIG N. ROSSELL THO""AS H. DOWNEY ROGER P. LAW GUY V. WHITWORTH 0....V1D L. KNOWLE$ RONALD E. WHITE SERGE TOM....SS1AN AL.AN STANFILL ERIC MERCER OF' COUNSEL ORLIN C. MUNNS" LLOYD C. OWNBEY, JR. VICTOR \,.. WALCl-l* ATTORNEYS AT LAW PEN THQUS E CORPOR...TE. CENTER P"5"OEN" 225 SOUTH LAKE ....vENUE PASAOENA. CALIF'ORNIA 91101 (213) 681-2321 (SIB) 3~-9005 FAX (SIS) 405-0786 GLEN BEHYMER 1886-1965 RALPH W. HOI"I"h4.AN 1917.1987 NItW,,"ORT 8EACH O"I"ICE SUITE 7500 WEST TOWER '"'aLL F'INANCIAL PLAZA 4000 M...cARTHUR BOULEVARO NI!tW,,"ORT BEACH, CA 0;8eo (714' 955- ZZ80 F'AX (71....) ....76.8081 July 14, 1989 REPLY TO: P...S...OEN.... OF'F'ICE WRITER'S OIRECT LIN' .... PROI"ESSIONAL CORPORATION (818) 304-8715 Michael H. Miller, Esq. City of Arcadia 240 West Huntington Drive Arcadia, California 91006-3104 RECE;V~O Mr. 455 Los JUL 17 1939 au erendo Street, #316 alifornia 90020 CITY OF ARCADIA Crn' ATIORNEY Mr. Jian 2310 Li yvale Avenue, #123 Los A eles, California 90032 RE: Kofford, et al. v. Lian, et al. Our File No. 14467-01 Gentlemen: files lease find the following ced matter: Enclosed herewith documents regarding the 1. An original Settlement Agreement; and 2. A copy of the conformed Grant of Easement. Thank you for your courtesy and cooperation in this matter. Should you have any questions regarding the foregoing, please feel free to contact me. Very truly yours, MUNNS, KOFFORD, HOFFMAN, ~_::r ~:?'~ '~homas palffy ~ TP:mjc Enclosures Z1793 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into by and between Cree-L Kofford, Ila J. Kofford and Sandy K. Chang ("Plaintiffs"), on the one hand, and Jian C. Lian ("Lian"); Andy S. Yau ("Yau"); and City of Arcadia ("Arcadia"), on the other hand, with respect to Case No. NEC 59178 captioned Cree-L Kofford, et al. v. Jian C. Lian, et al. ("Action"), currently pending in the Superior Court of the State of California for the County of Los Angeles, Northeast District ("Court"). WHEREAS : (a) Plaintiffs are the owners in fee simple the of real property located at 2406 Lenta Lane, in the City of Arcadia, County of Los Angeles, State of California, which is legally described as follows: "That portion of Lot 109 of the Arcadia Acreage Tract, in the City of Arcadia, as per map recorded in Book 10 Page 18 of maps, in the Office of the County Recorder, described as follows: Beginning at the Northeast corner of Lot 13, Tract 25782, in said City, County and State, as per map recorded in Book 669 Pages 80 and 81 of said Maps; thence South 890 04' 30" West along the North line of said Lot 13, a distance of 102.49 feet, to the East line of Lenta Lane, as shown upon said Map of Tract 25782; thence along said East line of Lenta Lane as follows: North 00 56' 04" West 64.48 feet and North 00 26' 26" West, 60.00 feet, to the North line of said Lot 109, thence North 890 04' 30" East, along said North line of Lot 109, a distance of 106.68 feet to a point therein, distant South 890 04' 30" West, thereon 192.01 feet, from the Northeast corner of said Lo~ 109, thence South 00 44' 51" West, 124.54 feet to the point of beginQing." (b) Lian and Yau are the owners of the real property located at 2330 Lenta Lane, in the City of Arcadia, County of Los Angeles, State of California, which is legally described as follows: "Lot 11 of Tract No. 18787, in the City of Arcadia, in the County of Los Angeles, State of California, as per map recorded in Book 475 page(s) 41 and 42 of Maps, in the office of the county recorder of said county," (c) Arcadia is the owner of an easement in gross under the surface of the real property owned by Lian and Yau, as described in paragraph (b) above, which easement is for the fOllowing purposes: For the installation and maintenance of pipe lines, utilities and conduits therein, with a further right at all times to under upon said land to inspect, repair, replace, use and maintain the same. (d) On or about March 20, 1953, the predecessors in interest of Lian and Yau made a purported dedication to Arcadia, by virtue of a subdivision map, a true and correct copy of which is attached hereto as Exhibit "1." (e) Said purported dedication included, among other things, a portion of real property designated in said map, as "Future Street" (hereinafter referred to as "the Subject Property") which is purportedly a part of the real property located at 2330 Lenta Lane, Arcadia, California, currently owned by Lian and Yau. -2- . (f) The Subject Property is approximately 10 feet wide by 60 feet long and is located along the southernmost portion of said real property at 2330 Lenta Lane and is immediately adjacent to the northernmost portion of said real property at 2406 Lenta Lane, and is legally described as follows: That portion of Lot 11 of Tract Number 18787, in the City of Arcadia, as per map recorded in Book 475, pages 41 and 42, in the office of the County Recorder of the County of Los Angeles described as follows: Beginning at the southwest corner of said Lot 11 of Tract 18787; thence north 00 23' 55w west along the west line of said Lot 11, a distance of 10 feet; thence north 890 36' east, a distance of 60 feet, to the east boundary line of said Lot 11; thence south 00 23' 55w east, a distance of 10 feet to the south boundary line of said Lot 11; thence south 890 36' west, a distance of 60 feet. to the point of beginning. (g) On or about March 31, 1953, Arcadia, rejected the purported dedication of the SUbject property. (h) No acceptance of the purported dedication was made and recorded by Arcadia, within 25 years after said map was filed. (i) The Subject Property has not been used for the purpose for which the purported dedication was proposed within 25 years after said map was filed. (j) Several times subsequent to the filing of said map the real property at 2330 Lenta Lane, which apparently includes the Subject Property, was sold to third persons and the SUbject Property was used by various individuals as if free of the dedication. -3- .' (k) Duri,ng the 5 years immediately preceding the Action, Plaintiffs used and possessed the SUbject Property in an open, notorious, continuous, and uninterrupted manner, hostile to the true owners and under a claim of right. (1) Based on their adverse use and possession of the Subject Property, Plaintiffs have obtained a prescriptive easement in the SUbject Property. (m) On February 17, 1989, Plaintiffs initiated said Action by filing a complaint alleging causes of action for declaratory relief and to quite title; (n) In March of 1989, Plaintiffs and Defendants entered into settlement negotiations; and (0) As a result of said negotiations, it is the mutual desire of the parties hereto to forever settle any and all disputes between them arising out of said Action and the Subject Property. HOW THEREFORE, in light of the foregoing facts, and in consideration of the promises and agreements of the parties that are set forth hereinbelow, it is mutually agreed as follows: 1. Contemporaneously with their execution of this Agreement, Lian, Yau and Arcadia shall execute and deliver to Plaintiffs the Grant of Easement attached hereto as Exhibit "2" and incorporated hereat as though fully set forth herein at length. -4- .' .' 2. Upon. the execution of this Agreement, Plaintiffs shall dismiss, with prejudice, said Action. 3. With the exception of the matters set forth in paragraphs 1 and 2 above, real parties in interest, Plaintiffs, Lian and Yau, and each of them, hereby release and discharge each other and their respective representatives, assigns and successors in interest from any and all claims, demands, damages, debts, liabilities, accounts, reckonings, obligations, costs, expenses, liens, actions, and causes of actions of every kind and nature whatever, at law or in equity, known or unknown, suspected or unsuspected, which they or any of them ever had or now has, or hereafter shall or may have, in anyway arising out of the Action. 4. Real parties in interest, Plaintiffs, Lian and Yau, acknowledge that they have been advised of and are familiar wi th Section 1542 of the California Civil Code which provides that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Said real parties in interest, Plaintiffs, Lian and Yau, hereby expressly waive, to the fullest extent permitted by law the provisions and benefits of said Section 1542, and they expreSSly acknowledge that they are aware that they may hereafter discover facts in addition to or different from those which they now know or believe to be true with respect to the -5- , " subject matter of this Agreement, but that it is their intention . . to hereby fully, finally and forever settle and release any and , ' all disputes and differences, known or unknown, suspected or unsuspected, which now exist, may exist or heretofore may have existed between and among them hereto and, in furtherance of such intentions, they further acknowledge that the releases herein given shall be and remain in effect as full and complete general releases notwithstanding the discovery or existence of any such additional or different facts. 5. Each of the parties hereto agree to execute all such documents as may be necessary to carry out the terms, conditions, and intent of this Agreement. 6. Each of the parties aCknowledges that no representation or promise of any kind or character other than and except as is expressly set forth in this Agreement, have been made to him or her, or to any officer, director, employee, shareholder, partner or representative of any such party in order to induce the execution of this Agreement, and each acknowledges that he or she has not executed this Agreement in reliance upon any such representation or promise. 7. Each of the parties hereto represent and warrant to each of the other parties that he or she has not assigned or transferred, or attempted to assign or transfer, voluntarily, involuntarily or by operation of law, any matter released pursuant to this Agreement, or any part or portion thereof, to any other person or entity. Each of the parties hereby agrees -6- : , ' " to indemnify an~ hold harmless each of the other parties from any claim, demand, damage, debt, liability, account, reckoning, obligation, cost, expense, lien, action or cause of action (including the payment of all attorneys fees and costs actually incurred whether or not litigation be commenced) based upon, in connection with, or arising out of any such assignment or transfer, or attempted assignment or transfer. 8. It is mutually agreed by the parties hereto that they are compromising disputed claims against one another, and that by executing this Agreement they are not admitting that the causes of action filed in said action were or were not meritorious, they are not admitting liability with respect to any cause of action alleged in said action, and that each has expressly denied all of the other parties allegations of liability or wrongdoing. 9. This Agreement shall constitute the entire Agreement between the parties hereto concerning the sUbject matters hereof, and shall supersede all previous negotiations, commitments and writings, if any. 10. This Agreement may not be modified or altered in any way except by an instrument in writing executed by the parties hereto. 11. In the event that there is any action or proceeding brought to enforce or interpret this Agreement, the prevailing party shall be entitled to all of its expenses, including all attorneys fees and costs incurred in connection therewith, whether or not litigation be commenced. -7- . " 12. The undersigned individuals and agents of the respective parties to this Agreement freely and voluntarily execute the same, with the approval and advice of 'the counsel , ' who represent them. 13. This Agreement may for convenience be executed in counterparts, in which event each such counterpart so executed shall be deemed an original hereof. IN WITNESS WHEREOF, the parties hereto and their attorneys of record have executed this Settlement Agreement on the dates specified hereinbelow. May ~, 1989 ~. Cree-L Kofford May A.k.., 1989 ,Ooe~g,y;/#~~ Ua J. K fford ' May~, 1989 May 31-, 1989 2 - ,,(' ~___c :Jlan C. Lian May~, 1989 ,~d~y ~:~,-~7o f{t\)\ Andy f{) Yau J ~~~ ,/~ <<~~ -(~ l' . -L... (YUL~?c tr Authorized ~gent or the Arcadia (Name) (Title) City of May J..l, 1989 APPRO~ED 1ro jRM: ,'v~: By II il::C-' /) ;) ~ '--- r'; ..." " 7 , ' , -8- J-........\...J ''"'''~~ ;'~'W;'H....y ~C&, , - . ~.s " . r~~(Cr Mf9J !~1~1o :!::it7 RECOF>OEO '-4.!__.....~, .. ~...t. rn....... . </,'-'fr,J If.':"'.g, rt77\. ..." -I7.s:-_ A' roo:' _if I _ , IN THE CITY OF ARCADiA. "'.,__ ",_"lIIt ",'1 ""',TlCa'''1'I 1I01Ut r'M' '_.~_'._Il,,.a.""',_,,,,,_,,, IIl1T'/,lIf. A_ ..,,11111_ _ TWT.. _.. lAAI' _Ill"" -,A,. It u lUll, U_ . 'All lMT'/, ALtI A ,._ " ....., .1 ,.UlII II WI"'"' II' 1I1....ftr U 'III an "_A, CAUmNIA.. ~,~~~~ . I...., ('fPk'" JIW; I. <I ~ ~.,. ~ ., 0- ....~ -w"i' ,.., __ Me.-.,. -'-... /....I~ #II If..... ,..,. Mh..... fttIII1I/lNII ~ ,... ....... ~ ~..",.. ,., ... ~,)I" .,#IQ I~'"'I''''' ~ _ Me ~-.:I ..; ,....,.,... ..-,..... ~,., ............ .~.4ICI. "'-I- ",. .... ... -."" ,. IH ~N_ .-d "'~},o.. .,.-to' nwp "I ~ ., ".. ...,.,.,. .-.I ~.. ~ "--- .. " ".. ~ ~..,.,.... .. .-..- "'14m '* ~ .".".,. li"'l ~. . ,.; Iller Mm,...-...l..JIS'.I "..,. MM r.... 14... ~ . ,J. Ie .-..,............~......-....... --"'..., .......,...........,............ ..... IItt _ ,. At fWIIk,L. ~. __ .,.,..... ..,_ ....... ,.---"'Ao-......~~..w.........,.,........--:,...,_-"'_ _ .--.., "'. .....,,...,............. ~...,.-.....----.,_...._~------ .. ..... "--..,. _/HI....niiaI"M.t 0It -----.,.~~....._...,....___......~....__.... ..---.. "",. /I,.,.... Gro'- ....".. .". I ..__.,...,....,~........_ . .. "'--el_............, _.,n__ ~...........: ~."""''''''''''''''''-_~'~''''''''''''''''''' i:~~--- ,~:-~r ~ ~ ' ~y~,/-u;.z;;;-/ O' .... "-.os "".... ......1. .......H '.68. .....: ~ ~.J.n . ;;7,lY;;i~_~ ....., ~- :;;;o.~ . . ~ ~ t1IIYWf ""/~''''''' W6"i/ltllo "~'" ~" M"""""" .... ...., ."......, .......... ~ IIW ., ~ ..... .,~ ..w,,;..... ~6 J H. my.,...-...,.,..... ~ wtNI"" HIlI- 1- ~lfW NW _.... ,.. ~ ~ _Ii ~1oD1y_.,: j, -.I.,r!'...;I..~tlH5. .. .q-!!..9J~..,_._.._.._, ""'.........,.... ~ .,.- ..J1.J:;.!_~~ _ ~ . 1, &::"J~' } I.'. :t.: .....'it:,. .rJ!f~ nsJ. ~_ .q._(.~.;!.o~ . ,...". Pwk ok...."'" ...~."".,..-., ~ IfAM Mtl61_,_. ..... "-_ ..... '''~ ."""-"..,. i. ~ Ie 'J. ...,*- 1 ',,-~~"'_""'Me _"""'__ , .,:-==~:.;..-: :'~', ~ , ." . ..._. .r.!.._...._....:.._._.. U\' ..... "......,..,- ~- ""'~-~, ~~,. I."~S" .....:.:.. / / ~ ..." ~,. ., .,.. ~ ,....., /fir -,.M ,..".-,.t ..... .. . ~I"""'" ~...........,.,.. IM# .. ",...... ~,. ~ ...... _ .... ~ .,. .....,.,. __ 16 ~ ,.... ,.,.~,., ,.".. a!'~411W ~.......... ... /Itr '*,.,. ...,.,.... ~."." ~ tW ,. __.. .... ., # ft...... ...,'e1jN1 ~. .,,,,..,, __ 11 ..... ~,."... rw..r,8fc.U7.,8Q. ~..._, _g~~,.._=._.,-, iDol>~"AIe(ll)"~"""" I......,...".JI,....,....,~ ~ 1'- ~~....~~ .""Q'r~"". ~._~.~~:..~~.14n t$:!$lw.~...~.:-~ . I...",..-li" JA.I -' ".,., ~....... ..., .... Me.J-!1"' ~_~... ....,.,_,10_ ....__""..._ -w.... -...,~ ~ ,,~-- -,..,eotJ -.w; - -;-N- ~ ,,-,.ft<<H1.. -- );.......=!!r.!G.:..:..._~_,. "!_ .,....Giyol'_ '............-................. .....- ~1lI!IIUt. .......-.. ....., ......... ~.. .... ~ &.. ..... ...............Il..... ......... .......,_.. - ~'a~......y_.._- -. ---......... ~ ."-'ron..ta...nr..aat........ .. ~~......__..- . II: .,~~, ........ '. ,~.. ..t""~~ -.-~71 ......--... ..............-.......... .. .................1.. GIII_ ~.... ........ ........,. ---......... ......... .. ., ... otr ...-.-. - ~~"'.(f ~ ' 'ri- .....-.-.J If;- ~ Drtw.l'Jcrrl.,lf..,1fU. C--'... .,. ~ ~.,~. SI-.Iw."c.u~ ) " C_1y W'LiIIII........ .... ~ . 0" IN:1~--,~A'..t.z_,..,....... .....L~~. . N.""" p.,M/c .. .,.,..,. ..w.c.-.Iv. ,.".,..11y ~, .J .tc-rQ~ft1I """1fI......G./IC4Ht1rMIII.K_,.., -._.",. ,..,.,.. _,.. ".,.... .,. _;,.",..,. ,. Nw .,f/IJ,M He./""""'" end .c/l(~~ 10 ,... ,,., ~ .-.:u1.J '''' ...... <fi!iJ~ ' -~ "'..1".-'".1''' $-;.;. I I " '. " . .. ." .' I -.. ROOCLl. I I ~I .l. - 7r~f!J ~f W1~ DtQ31~J: :\.",:!'i . RECOF>Oe:o ~"i'J-'.f/3 4'~,"'~'711". .rH ---iLG:- AT"G,L/~ ..- ~..".":(\1tOt _.~.. ,. ',.., ...~"", /N.THEC/7Y ()F ARCADW. .aau... r. $0' _..r1. _II . _n"N CftIq .""NI""" . ....., _......... . I W<<QC-,bU,^"DIN . *'.IPI"J""- AV~Ue "'1.s~,;'!~~,,::':.'=-~ 1E-=". ~ N.~'" . ClJ~..~ ----... -'-' -~--'- ~_._, . __ ..........,,- ~. ~.61." -~ I "1 --' I, .1 .. J IU"'::' ai- ... i - -1- ~ .. :t I t tii~ ~,~ ~ !oj '....Ci ~~''''l: ' .. ~I :;~! ~~... EI .., z "1 I > w. ~I - I I, I I I :~ io " i"l i~ :..... i Cl; . Ill.., : :::l~' t . 11)- t : . I .. \ ,{11' ~ ~l -,- l 2 I ~~~ ~I! , ... It ~ 6 t . ~ S! ". ::;: , .... Cl '!II ~ I) 7 , 11 ~ \ ~ .. ~ " 3 t & o ~ , 11- _ .:a.. , :...., . ...~- '''Lit : ,''''-,. ~dc;~~r: ..... C:!"~ ,~-",......- ,.,...t:I,.,.,....... w.,.. UftiIc. .....s-.... sA..w I1NM ,.."..... MNtt:H IIIQ. .AIIJ. ...""n _~ V;;..;.. .. ~<<-- ,L '3/lV I, -6~.~. ...,.., I: II I , I~ I~ I~ ~ I I l I~ I~ '" ~ ~. . ~ J . , ! : . ... . I i. . 'j . . ( s , = ;;~. "~ ,... ~-%- ..,.., z J! ; d~ '~ i -,-. ,.,...., "w"'c.~ a...w I.~ .,~.... ", r"., ... nr... N." 47'S .... -- ~ _ . ....;. ., .... ......... _ t.. ... A. ---..u ......... _ .., _ ..........,_..........,r......_ -,- M1- '. TO: FROM: SUBJECT: memotanJum Date _.__h.~9.Y.?J~_2't..J2llL__ JUNE D. ALFORD, CITY CLERK JOSEPH R. LOPEZ, DIRECTOR OF PUBLIC WORKS MICHAEL H. MILLER, CITY ATTORNEY i?l 1(111 PRIVATE PROPERTY DISPUTE - 2406 LENTA LANE A private property dispute in Arcadia involving 2406 Lenta Lane and 2330 Lenta Lane was settled. A city easement (subsurface) was partly involved with subject dispute. Historically, the City never accepted a purported dedication of subject property and Chet Howard advised that we had no interest in the property. -~J; Section 2~f the Grant of Easement document, the City's easement is preserved. This is provided for your information and files. Please advise if there are any questions. ", - ---