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Home My WebLink AboutD-1878 .j, ........ l.:"': ., CERTIFICATE OF ACCEPTANCE BKD5837.ic890 This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a municipal corporation, by the deed, grant, conveyance or instrument dated April 12. 1973 , from or executed by Irene Crase1hart , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of Arcadia contained in Resolution No. 2963, adopted January 21, 1958, and recorded in the office of the Recorder of Los Angeles County on January 29, 1958, as instrument No. 3069 in Book 56448, Page 264, Official Records of Los Angeles County; and the City of Arcadia consents to the recordation thereof by its duly authori officers. :^ The -. (X) ct:> CJl ~/t~ I Ci ty Engineer is hereby approved as to form. ~'~. City ey " ) , ' -'..::z",~"~: {I . ,:,": --:.:--~.::.:-~______ . . ..../1 ~ ......:.... :.-- ---.-.~_. -..---,"...--" Subject to special assessments if any, restrictio~, reservations, and easements of record, BKD5809pc 87. ~--= - This conveyance is executed pursuant to the authority vested in'the Director of Public Works by law and, in particular, by the Streets and Highways Code. WITN~y hand and the seal of the Department of Public Works of the State of California, thisL 8 ~ day of ~~ ,I9.2y ( -',,~ " '-, . Or '" ",,;~) ::7 f' .:' ":--. . \ . '0 " :/ ~ , ". c .', ...ri STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS PI1O~EDUR;~ JAMES A. MOE DIRECTOR OF Ptmuc WORKS , By ~- -'\ .. , fMJ~ '. ; Attonwv ita PGCI O-"ICIAL HE-CORDS -RECORDED IN ES COUNT'I, CAI.IF. OF LOS ANGI'-L Min. 2 P.tA. M~R 2'7 1973 f . 2'7 past s.. d COUNTY OF SACRAMENTO Registrar-Recor er . On thisJ~-=-day of $) ~ ,in the year 19.Y,a, befo me, DOROTHY A. PROWN , a Notary Public in and for the State of California, residing therein, duly commissioned and sworn, personally appeared_____ R. W. BOIES lmown to me to be the.person whose name is subscribed to the within instrument as the Attorney in Fact of James A. Moe ~ Director of Public Works of the State of California, and known to me to be the person who executed the within instrument on behalf of the State of California, and he acknowledged to me that he subscribed the name of James A. Moe as Director of Public Works, and his own name as Attorney in Fact, and that the State of California executed the same, STATE OF CALIFORNIA J .c.~ . WITNESS my hand and official seal. r'Ka'-""'~~"''''~~I~I~"_""'~~';'~;'~'~MF~~"'''~;"~~ I ~ NOTARY PUBliC I ~ COUNTY OF SACRAMENTO My Commiuion Expires July 18, 1976 ---.-....-""...----,.-, . i ,.~ I '1 .. I TIllS IS TO CERTIFY That the California Highway Commission has authorized the Director of Public Works to execute the foregolng deed at Its meeting regularly called and held on the _~4th __dayof December ~I9~ in the City of__ Sacramento Daredthis~;Z;~ , ., .,. ...~, HAROLD A. RICHARn ~ssistant Secretan' of th; CalifOrnia Highway COmmission , ~ ~ - 07-LA-2l0-32.0 Director's Deed No. D-B2ll7.2 'This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a municipal corporation, by the deed, grant, conveyance or instrument dated December 18, 1972 , from or executed by State of California , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of Arcadia contained in Resolution No. 2963, adopted January 21, 1958, and recorded in the office of the Recorder of Los Angeles County on January 29, 1958, as instrument No. 3069 in Book 56448, Page 264, Official Records of Los Angeles County; and the City of Arcadia consents to the recordatio~ ~~reof bY~S duly aut ized 0 rs, ~;?(~ Chester N. Howard Ci ty Engineer .J"'"-, , ,.;' CERTIFICATE OF ACCEPTANCE " ~!.,', ( The document thus described is hereby approved ~~~--L- RObe~ e C1ty Attomey ~ ~ CJj BKU5809~c 881 CERTIFICATE OF ACCEPTANCE a' .-: , This is to certify that the interest in real property conveyed by the within deed or grant to the County of Los Angeles, a governmental agency, is hereby accepted un- der authority of a resolution adopted by the Board of Supervisors of said County on July 27, 1965, and the Grantee consents to the recordation thereof by its duly authorized officer. I , , .'" '" ~ r---.I en N .,~ }..,., ~ ,co ,CD \ " ; ~ Dated B:7N~~~ .. Division Chief, Right of Way Department of Real Estate Management / iJ;-',........ .~,"""''') p'..l . . I' t::.).~ ':.' ,\"/0 . -('" .1 {'_",;- . . . .-- ..:.....- "_'" ... ~.> ._ :ci':,:'.:,1 BKDSB09PC 86j.~ . , 6 F... _ ~ "1..". '.::.;k.J'i.?!c>(',~ ,,~. -::';'" "....,.. , 1 ..\ .~- . ~ ,;. ~il! tr~~l'D..;:I~'Pt)>>_''f'W'" .;:... -"'l~;; :~98' SUBJECT TO an easement, granted or to be granted to THE ~ PACIFIC TELEPHONE ~D TELEGRAPH COMPANY, a corporation, its successors and assigns, for telephone communication facilities in, on, over and across the Southerly 5.00 feet and the Westerly 5.00 feet of the hereinabove described parcel of land, and in, on, over and across that portion of Lot 36 of said tract, being the Northeasterly 5.00 feet of said easement, 15.00 feet wide, conveyed by said Parcel 2 of Director's Deed D-B2116, bounded Easterly by a line at right- angles to the Northeasterly line of said easement so conveyed, at a point distant along said Northeasterly line, South- easterly 25.00 feet from the intersection thereof with the Northerly line of said Lot 36. ~ =' rv 00 ,\ \ --.. " .I."-''''~ 028 ~ .: j/ Ivl/)> THIS DEED IS TO BE RE-RECORDE:&P INASMUCH AS THE WRONG ACCEPTANaE WAS ATTACHED WHEN FIRST RECORDED. ,. FREE RECORDATION Recording Reqne~tf.\d by DIVISION OF- :;:L-~l-J';i,r.'yS When Recorded l'..!fl!.J. '1:0 -STATE OF CAI,I:iiCrW.1:A 40 I) (1 DIVISION OF HIGHVIAYIJ tI.-O Box 2304 Terminal Anno~ Loa Angeles. California 90004 c397 D-/~18 al) gKD5809p~ 85 ,::" DOCUMENTARY TRANSFER T/"X $ ._NONR4-G,ov.exnmen --.X__co.y.PU fED ON rua v.t,'.vr: OF PROPERTY CONVEYED. OR CO:f.PUlEJ 0' fU:~ ',AWE l~SS U2NS Af\:D ~~NC" T 1'..E OF SA". TAT. ent ~~~[~~i~~[ a SPACE ABOVE THIS LINE FOR RECORDER'S. SE RWPE:CAMP 1-21-72 Written by:BJM Checked by:LB MC-313 DIRECTOR'S DEED Wly of First Ave UC"SWly of Rte 2 DISTRICT COUNTY ROUTE POST MILE NUMBER 07 210 32.0 LA D-B2117.2 DEe 1972 194: The STATE OF CALIFORNIA, acting by and through its Director of Public Works, does hereby grant ~o CITY OF ARCADIA all that real property in the___C~~LC?!_~rcadia -'-_____ er County of Los Angeles S f C lifo ' d 'b d _____~______, tate 0 a rDla, escrl e as: Those portions of Lots 35 and 36 of the Haven Tract, as shown on map recorded in Book 13, pages 22 and 23 of Maps in the office of the County Recorder of said county, bounded Northeasterly by the North- easterly line of that lS.OO-foot easement conveyed by the State of California by Parcel 2 of Director's Deed D-B2ll6 recorded in Book D4316, page 512 of Official Records in said office, together with that portion of Lot 34 of said tract, bounded Northerly and Easterly by the following described line: Beginning at the intersection of above-mentioned Northeasterly line of said easement with the Westerly line of said Lot 34, said Northeasterly line having a bearing of S 630 48' 53" E; thence N 880 54' 54" E to a line that is parallel with and distant Westerly 10.00 feet, from the Easterly line of .said Lot 34; thence Southerly along said parallel line to the Southerly line of said Lot 34. There shall be no abutter's rights of access appurtenant to the above-described real property in and to the adjacent State freeway. MAIL TAX STATEMENTS TO: City of Arcadia 240 West Huntington Drive Arcadia, California FORM HR/W.353 (REV, 12_71) EST. 1287. S!t2!1_1I00 1-7illQM(i) OSP ~ o rv 00 1 1 >- >-' OJ: 0:" i <=,', z w w "" j:: U a;~ :;: U,j ~ i ~I u, <n' W! Ai Co POLICY OF TITLE INSURANCE ,=,'1: ,~ 4,. AMERl C /f 1- . First Americlin Title Insurance Company HOME OFFICE: SANTA ANA CALIFORNIA , , ~ , C.llfoInl. Land mi. Auoclatlon Standard COVIIrage Polley Form Copvrlght 1963 Form 1084 1. DEFINITION O' TERMS The following terms when used in this policy mean: ( 8 ) "land": the land 4iescn'beeJ. specifically or by reference. in Schedule C a.nd improvements afBxed thereto which by law constitute re~:rrty; (h) "public records": tho.se which im- part constructive notice of matters relating to said land; (c) ''knowledge'': achW knowledge. not con. Itructive knowledge or DaUel!! which may be imPuted to the Insured br reason of Ilny public records; (d) "date': the effeeUve date; (e) "mortgage": mort.age, deed of trost, trust deed, or other security instnunentsi and (f) "insured": the p~ or parnes named as Insured. and if the OWDer of the indebtedness secured by 8 mortgage shown in S~edule B is named as an Insured in Schedule A, the Insured shall include (1) each successor in interest i.I). ownership of such in- debtedness, (2) any such ()wner who acquires the estate or interest referred t4 in this policy by fore- closure. trustee's sale;, OJ' other legal manner in satis- faction of said inde tednes.. and (3) any federal agency or instmmentality which is an insurer or guar. antor under an insurance ootltract or guaranty insur- ing or guaranteeing said indebtedness, or any part thereof, whether named as s.n Insured herein or not, subject otherwise to the pl'O\risions hereof. 2. BENEFITS AmR ACQUISITION OF TITLE H an insured owner of the indebtedness secured by a mortgatee described in Scmedule B acquires said estate or mterest, or any Part thereof, by foreclosure, trustee's sale;, or other legal manner in satisfaction of said inde tedness, or llfly part thereof, or if a federal agency or instrumentality acquires said estate or interest, or any part ther~of, as a consequence of an insurance contract or gua:ranty insuring or guaran- teeing the indebtedness SeC\ared by a mortgage cov- ered by this policy or any part thereof, this pohcy shall continue in iorce in favor of sucb Insured, alZency or instrumentality, SUbject to all of the con- ditions and sbpulations hereof. 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not insure against loss or damage by reason of the follOwing: (a) Any law, ordinan~ or governmental regu- lation (including but not limited to building and zoning ordinances) restrictil:1g or regulating or pro- hibiting the occupancy, use ()r enjoyment of tbe land, or regulating the character, dunensions, or location of any improvement now or hereafter erected on said land, or prohibiting a seplll'ation in ownership or a reduction in the dimensions or area of any lot or parcel of land. (b) Governmental rights of police power or eminent domain unless noti(:e of the eJ:ercise of such rights appears in the public records at the date hereof. (cJ Title to any proPerty beyond the hnes of the Ian expressly describe<t in Schedule C, or title to streets, roadsj avenues, lane~z ways or waterways on which such and abuts, or me right to maintam therein vaults, tunnels, ram~s or any other structure or improvement; or any rights or easements therein unless this policy specif!.Clllly provides that such property, rights or easemenbs are insured, except that if the land abuts upon one or more phYSicallY open streets or highways this policy insures the ordmary rights of abutting owners for access to one of such streets or highways, unles$ otherwise eJ:cepted or excluded herein. (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suHered, assumed or agreed to by the Insured claiming loss or da.mage; or (2/known to the Insured Claimant either at the date 0 this policy or at the date such Insured Ctaimant acquired an estate or interest insured by this policy and not shown by the public records, unless disclosure thereof in writing by the Insured shall have been made to the Company prior to the dab, of this policy; or (3) resulting in no loss to the Insured Claimant; or (4) attaching or created suhsequent to the date herem. (e) Loss or damage which would not have been sustained if the Insured wete a purchaser or encum- brancer for value without kn.owledge. (f) Any "consumer credit protection," "truth in lending" or similar law. 4. DEFENSE AND PROSE~UTION OF ACTIONS -NOTICE OF CLAIM TO BE GIVEN BY THE INSURED (a) The Company, at its own cost and WIthout undue delay shall provide (1) for the defense of the Insured in all litigation coIlsistmg of actions or pro- ceedings commenced agamst tile Insured, or defenses, restraining orders, or injunctIons interposed agamst a foreclosure or sale of the mortgage and indebted- ness covered by this policy or a sale of the estate or interest in said land; or (2) for such action as may be appropriate to establish the title of the estate or interest or the lien of the mortgage as msured, which litigation or action in any c.f such events is founded . CONDITIONS AND STIPULATIONS upon an alleged defect, lien or encumbrance insured against by this policy, and may pursue any litigation to final determination in the court of last tesort. (b) In case any such action or proceeding shall be begun, or defense interposed or in case knowl- edge shall come to the Insured ;;E any claims of title or interest which is adverse to the title of the estate or interest or lien of the mortgage as insured, or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy, or if the Insured shall in good faith contract to sell the indebtedness secured by a mortgage cov- ered by this policy, or if an Insured in good faith leases or contracb to sei!, lease or mortgage the same, or if the successful bidder at a foreclosure sale under a mortgage covered by this policy refuses to purcbase and in any such event the title to said estate or interest is rejected as unmarketable, the Insured shall notify the Company thereof in writing. If such notice shall not be given to the Company within ten days of the receipt of process or pleadings or if the Insured shall not, in writing, promptly notify the Company of any defect, lien or encumbrance msured against which shall come to the knowledge of the Insured, or if the Insured shall not, in writing, promptly notify the Company of any such rejection by reason of claimed unmarketability of title, then all habdity of the Company in regard to the subJect matter of such action, proceeding or matter shall cease and tenni- nate; provided, however, that failure to notify shall in no case prejudice the claIm of any Insured unless the Company shall be actually prel'udiced by such failure and then only to the extent 0 such preJudice. (c) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which 10 its opinion may be necessary or desuable to establish the title of the estate or interest or the hen of the mortgage as insured; and the Company may take any appro- priate action under the terms of this policy whether or not it shall be hable thereunder and shall not thereby concede hablhty or waive any proviSion of this pohcy. (d) In all cases where thIS policy pennits or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to It the right to so prosecute or prOVide defense in such action or proceedmg, and all appeals therein, and permIt it to use, at its option, the name of the Insured for such purpose. Whenever requested by the Company the Insured shall give the Company all reasonable aid in any such actIon or proceeding, in etJect10g settlement, secunng eVIdence, obtaming Witnesses, or prosecutmg or defending such action or proceeding, and the Company shall reimburse the Insured for any eI}.>ense so incurred. 5. NOTICE OF LOSs-LIMITATlON OF ACTION In addition to the notices reqUIred under para- graph 4(b), a statement in writmg of any loss or damage for which It is claimed the Company IS hable under thiS policy shall be furnished to the Company within sixty days after such loss or damage shall have heen determined and no nght of action shall accrue to the Insured under thiS pohcy untd thIrty days after such statement shall have been furnished, and no recovery shall be had by the Insured under thIS policy unless action shall be commenced thereon within 6ve years after expiration of saId thlIty day period. Failure to furnish such statement of loss or damage, or to commence such action within the time hereinbefore speci6ed, shall be a conclusive bar against maintenance by the Insured of any action under this policy. 6. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS The Company shall have the option to payor settle or compromise for or in the name of the Insured any claIm insured agamst or to pay the full amount of this policy, or, in case loss is claimed under thiS policy by the owner of the indebtedness secured by a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness; such purchase, payment or tender of payment of the full amount of this policy, together with all costs, attor- neys' fees and expenses whIch the Company is obli- gated hereundp-r to pay, shall terminate all liabIi.ity of the Company hereunder. In the event, after notice of claim has been given to the Company by the Insured, the Company offers to purchase said in- debtedness, the owner of such indebtedness shall transfer and assign said 10debtedness and the mort- gage securing the same to the Company upon pay- ment of the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall m no case exceed, m all, the actual loss of the Insured and costs and attorneys' fees which the Company may be obligated hereunder to pay. (b) The Company wdl pay, 10 addItion to any loss insured against by this policy, all costs imposed upon the Insured in litigatiun carried on by the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured WIth the wntten authorization of the Company. '. .. . (c) No claim for damages shall arise or be maintainahle under this policy (1) if the Company, after having received notice of an alleged defect, lien or encumbrance not excepted or excluded herem re- moves such defect, lien or encumbrance within . reasonable time after receipt of luch notice, 01' (I) for habIi.ity voluntarily assumed b)!: the Insured in setthng any claim or suit without written consent of the Company, or (3) in the event the title is rejected as unmarketable hecause of a defect, lien or encum- brance not excepted or eJ:cluded m this policy, until there has been a final determination by a court of competent jurisdiction sustaininJ!: such rejection. (d) All payments under this policy, except pay- ments made for costs, attorneys' fees and e:xpenses; shall reduce the amount of the insurance pro tanto and no payment 5hall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyedz in which case proof of such loss or desl:n1ction shall be furnished to the satisfaction of the Company; provided, however, if the owner of an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the lUDount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mort- gage. Payment in full by any person or voluntary satisfaction or release by the Insured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebted- ness secured by such mortgage, eJ:cept as provided in paragraph 2 hereof. (e) When liability has been deBnitely Gxed in accordance with the conditions of thu poli~ the loss or damage shall be payable within thirty days there- after. 8. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this pohcy IS reduced by any amount the Company may pay under any policy insuring the validity or pri- ority of any mortgage shown or referred to in Sched- ule B hereof or any mortgage hereafter executed by the Insured which it a charge or lien on the eltate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment to the Insured under this policy. The provisions of this paragraph numbered 8 shall not apply to an Insured owner of an indebtedness secured 6y a mort- gage shown in Schedule B unless such Insured ac- qUIres title to said estate or interest in sabsfaction of said indebtedness or any part thereof. .. SUBROGATION UPON PAYMENT OR SEmEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogatIon shall vest m the Company unaffected by any act of the Insure~, and it shall he subrogated to and be entitled to au rights and remedies which the Insured would have had aga10st any person or property in res{l'ect to such claim had thiS policy not been issued. If the payment does not cover the loss of the Insured, the Company shan be subrogated to such rights and remedies in the proportion which saId payment bears to the amount of said loss. If loss should result from any act of the Insured, such act shall not void this policy, but the Company, m that event, shall he reqUITed to pay only that part of any losses insured against here. under which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. The Insured, if requested by the Company, shan transfer to the Company all rights and remedies against any person or property neces- sary in order to perfect such right of subrogabon/ and shall permit the Company to use the name 0 the Insured in any transaction or libgabon involving such rights or remedies. If the Insured is the owner of the indebtedness secured by a mortgage covered by this policy, s~ch Insured may release or substitute the personal liabil- Ity of any debtor or guarantor, or extend or otherwise modIfy the terms of payment, or release a portion of the estate or interest from the lien of the mortllage, or release any collateral security for the indebted- ness, provided such act does not result in any loss of priority of the lien of the mortgage. 10. POLICY ENTUIE CONTRACT Any action or actions or rights of action that the Insured may have or may hring against the Company aris10g out of the status of the lien of the mortgage covered by thiS policy or the title of the estate or interest insured herein must be based on the provi- SIons of this policy. No provisIOn or condition of this policy can be waived or changed except by writing endorsed hereon or attached hereto signed by the President, a Vice President, the Secretazy, an Agsistant Secretazy or other validating officer of the Company. 11. NOTICES, WHERE SENT All not!(t',., requir('d to IJe given the Company ,md all} ..talellwnt 11I wnting req\\1red to be fur- nhhf'd thf' Company ~hall he addressed to It at its hOllle offi(l' ,\t 421 North M.ulI Street, Santa Ana, Cahforllla. or to till' offi((. which 1~"lIed thl~ policy. . ~".- r.,d.I.~1 /00' , . Ig Haven Ave ,', ..}- ~I I I 60' '" '0 " liH~ 1$ NOI A SU?'l,'tY Of tHE lA-Hi) CUT IS COA.ll':tcD fvi INfO~MATIOfl 0N~Y fl'.OM DATA SHOWN bY (ofr=:CIAl RECORDS u > "'<( 7$' J 75' ~' " " " " " " " " - " .. 50' 53-38 iQ /15 Ie> " I p II cG '0 14 1$ 12 II 10 9 a 7 c; .5 -4 ..3 .2 I ~ 75' I 76'~ so' ,. .. '. - .. . "-0' ~"'.~B' : .. .. .. . - 1 7 . I , , I 18 I 20 21 2;2 25 :24 2(" 25 27 28 29 .$0 :31 132- :!>3 € 19 0 Ii) 1'..'<:0' so " . .. . " .. . - .. ~,,; .. so 4-P,' -f!. " C "";( {2,' J N<=~,.".,aN Av~. ~ C o If) ,7""oY"en /;-oc! f'.....-(. ", 1 :~.. - ., -, ') ., "--- '-- ... Form No. 1056-4 All Policy Forms SCHEDULE C The land referred- to in this policy is situated in the State 01 California of Los Angeles and is described as follows: . County Lot 17 Haven Tract, in the city of Arcadia, as per map recorded in Book 13 Pages 22 and 23 of Maps, in the office of the county recorder of said county. . . - SCHEDULE B continued- 6. An easement over the Westerly 75 feet of the Northerly 3 feet of said land for public utilities and incidental purposes as provided in the deed re- corded December 1, 1966 as Instrument No. 561. , , Form No.1 084-3 California Land Title Association Standard Coverage Policy Form Copyright 1963 SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxe5 or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. EMements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. 5. Unpatented mininq claims; reservations or exceptions In patents or in Acts authorizing the issuance thereof: water rights, claims or title to water. Part Two: 1. General and special taxes for the fiscal year 1973-1974, a lien not yet payable. 2. An easement over said land for public utilities and incidental purposes, as provided in the deed recorded in Book 666 Page 313 of Deeds. 3. Covenants, conditions and restrictions contained in the deed recorded in Book 5054 Page 307 of Deeds. "But deleting restrictions, if any, based on race, color, religion or national origin." Said covenants, conditions and restrictions provide that a violation thereof shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value. 4. Covenants, conditions and restrictions contained in the deed recorded in Book 3848 Page IS, Official Records. "But deleting restrictions, if any, based on race, color, religion or national origin." Said covenants, conditions and restrictions provide that a violation thereof shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value. 5. An easement over the Easterly 3 feet of said land for public utilities and incidental purposes as provided in the deed recorded August 24, 1966 as Instrument No. 2242. - continued -