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HomeMy WebLinkAboutD-2361 ~ .. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: .D...:i.~('1 ( RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNlY ,CALIFORNIA 4 MIN. 8 A" MAR 30 1988 PAST. ,Ill. 3 V 1 City Attorney City of Arcadia 240 W. Huntington Arcadia, CA 91006 IFEE $9 . I RECIPROCAL DRIVEWAY EASEMENT AND COVENANT AND AGREEMENT TO HOLD DRIVEWAYS IN COMMON FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, CARMELO GALATI AND AURELIA GALATI hereinfter referred to collectively as "Covenantors" , hereby declare that they are the owners of that certain real property located at 850 Naomi and 1308 Golden West in the City of Arcadia, County of' Los Angeles, State of Cal i fornia, legally described as follows: The following two parcels located in the City of Arcadia, County of Los Angeles, State of California, which are hereinafter collectively referred to herein as Parcel "1": PARCEL 1: The Northerly 125 feet of the Westerly 126 feet of the Northerly 178 feet of Lot 6, Block A, Santa Anita Land Company's Tract, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 6 Page 137 of maps, in the office of the County Recorder af said County. EXCEPT the Southerly 7 feet of the Westerly 76 feet thereof. ALSO EXCEPT the following described portion: Beginning at the Northwest corner of said Lot 6, thence Southerly along the Westerly line of said Lot 6, 45 feet, to the beginning of a tangent curve concave to the South- east and have a radius of 15 feet; thence Northerly and Easterly along said curve to a point of tangency with a line that is parallel with and 30 feet Southerly, measured at right angles, of the Northerly line of said Lot 6, thence Easterly along last mentioned parallel line to the Easterly line of said land; thence Northerly to the Northerly line of said Lot 6; thence Westerly along last mentioned Northerly line to the point of beginning. The of Los referred following parcel located in the Angeles, State of California, to as Parcel "2": City of Arcadia, County which is hereinafter PARCEL 2: The Southerly 60 feet of the Westerly 126 feet of the Northerly 178 feet of Lot 6, Block A, Santa Anita Land Company's Tract, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 6 Page 137 of maps, in the office of the County Recorder of said County. EXCEPT the Northerly 7 feet of the Easterly 50 feet thereof. .r v WHEREAS, it is the desire of the above named parties to establish a reciprocal easement for ingress and egress, driveway maintenance and utility purposes over the following described portion of said land: The Southerly 37 feet of the Westerly 126 feet of the Northerly 135 feet of Lot 6, Block A, Santa Anita Land Company's Tract, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 6 Page 137 of maps, in the office of the County Recorder of said County. EXCEPT therefrom the Southerly 7 feet of the Westerly 57 feet. ALSO EXCEPT therefrom the Northerly 7 feet of the Easterly 50 feet. all of which aforedescribed is hereinafter referred to collectively as the "Affected Land" hereby agree and covenant with the City of Arcadia, a Municipal Corporation (hereinafter referred to as the "Cavenantee") on behalf of and for the benefit of the Covenantee's land, which is the public street and right- of-way adj'acent and contiguous to the Affected Land, and on behalf of and far the benefit of the "Benefitted Land" which consists of and includes all the public and private land located within 500 feet of the Affected Land, as follows: 1. Covenantor as owner of Parcel "1" hereby grants a non- exclusive easement for ingress and egress for driveway purposes for the benefit of Parcel "2" to be used in common with Parcel "1" over those portions of the Northerly 178 feet of the Westerly 126 feet of Lot 6, Block A, Santa Anita Land Company's Tract, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 6 Page 137 of Maps, in the office of the County Recorder of said County, described as follows: The Southerly 25 feet of the Northerly 118 feet of the Westerly 76 feet. The Southerly 25 feet of the Northerly 125 feet of the Easterly 50 feet. 2. Covenantor as owner of Parcel "2" hereby grant s a non- exclusive easement for ingress and egrees for driveway purposes for the benefit of Parcel "1" to be used in camman wi th Parcel "2" over those portions of the Northerly 178 feet of the Westerly 126 feet of Lot 6, Block A, Santa Anita Land Company's Tract, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 6 Page 137 of maps, in the office of the County Recorder of said County, described as fallows: The Southerly 10 feet of the Northerly 128 feet of the Westerly 57 feet. The Southerly 17 feet of the Northerly 135 feet of the Easterly 19 feet of the Westerly 76 feet. The Southerly 10 feet of the Northerly 135 feet of the Easterly 50 feet. 3. Covenantors agree to maintain repair the driveway easements described above and equally share the cost thereof. at all times in paragraphs in good 1 and 2 4. If this Covenant and Agreement is breached by ei ther or both Covenantors or their respective successors or assigns, Covenantee is hereby authorized to bring an action in a court of competent jurisdiction to enforce this Covenant and Agreement. 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 writing is first obtained from the City of Arcadia. 6. This Covenant and Agreement is far 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 -2- 88- 425684 INDIVII!1AI. State ot Ca11torD1a ) ) SS. CoIm't7 of IDs Angeles ) ! On - March 18th, 1988 . before me: the unders1sned, a notary publio 111 and tor aaid I COlin't7 aDI1 state, persoDall7 appeared **Carmela G3.lati** and **Aurelia Galati** I . . . ~rac.....1.l,.-bew& to me -tw proved to IDe 011 the bash ot sa t.htaoto17 evidence) to be the person(s) whose ZlllIDe(S) i_/are subsoribed to the within :l.Dstnlment. and aolalovledgod that said person(s) executed the same._____ WITNESS rrIT band andott1c1al seal :(Seal) Q OffiCiAL SEAL Lucinda K. Sturdivan . NOTARY PUBlIC.cAlIfORNIA _ _ PIlINCIPAl OffiCE IN LOS ANGELES COUNTY My CommisslOf1 Expires Ocl. 12, 1991 f " ~ 88- 425684 1~ ~,r-- ~ 38- 425684 ) inure to the benefit of all the Benefitted Land and the heirs, successars and assigns of the owners of the Benefitted Land, and this Covenant and Agreement shall run with the land and shall be binding upon the hei rs, successors and assigns of the Covenantors. 7 . successors Agreement. Covenantors in interest agree to notify ln Affected Land their assignees of this Covenant and and 8. If any section, subsection, sentence, clause, phrase or portion of this Covenant and Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the val idi ty of the remai ni ng portions of thi s Covenant and Agreement. IN WITNESS WHEREOF, Covenantors and Covenantee have executed this instrument an the date shown opposite their signatures. '~COVENANTORS " Dated: .1-;S>~ 19M a/1A~~ V~/~ 0" Carmela Gal~ ~L rJdd; Aurelia GalatVI Dated: ,3- f j-/9!f "COVENANTEE" Dated: dl-~c/-ff APPROVED AS TO FORM: ~I/~ Michael H. Miller City Attorney r " -3- r .