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WHEN RECORDED MAIL TO
Hahn c. Hahn (LHR) ,
808 Security Building
Pasadena, California
EASEMENT
. RECEIVED
JUN 1 7 1964
-
1781
CITY OF ARcADIA
aUILDING DEPT.
BKD2499PG485
The undersigned does hereby grant, for valuable
consideration received, as owner of the following described
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real property and improvements thereon (hereinafter referred
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to as Parcel A) in the County of Los Angeles, State of
California:
Block A,
Lot 8 and Lot 31,/of Tract 10898, as
recorded in Book 189, Pages 42-43
of Maps, Records of Los Angeles
County, California,
unto HAMILTON STONE and MARIETTA B. STONE, husband
and wife, LEO O. WILHE;LM and LOI~ F. WILHELM, husband
and wife, HOMER DUERR and MARY A. DUERR,. husband
and wife, and THELMA T. FENELON, a widow, owners,
and HAMILTON' STONE ASSOCIATES, a corporation, lessee,
of the following described real property and improvements
thereon (hereinafter referred to as Parcel B) in the County
of Los Angeles, State of California:
,
Lot 3 and Lot 4, Block A, of Tract
10898, in the City of Arcadia, as
recorded in Book 189, Pages 42,-43,
of Maps, Records of Los Angeles
County, California,
an irrevocable easement appurtenant to Parcel B in, over, and
upon Parcel A for the purpose of draining, flowing, and channeling
Executed this 9th day of May, 1964.
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RECORDED IN OFFICIAL RECORDS 1
OF LOS ANGELES COUNTY,. CAUF.
Min. i'
12. Past 11 AM JUN 5 1964;
RAY E. LEE, County Recqrdec I
natural surface water from Parcel B.
CATALINA PROPERTIES, INC.
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Secretary
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STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES)
BK02499pc486
On May
c. ti,.
f~
, 1964, before me, the undersigned,
a Notary Public in and for said State. personally appeared
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, known to me to be the
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. and fl. F'I'{i.,,.K. s~,_i(J/c..
known to me to be the J~ ( ,< I' T?:.- ( ,.; of the
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corporation that executed the within instrument, known to me to be
the persons who executed the within instrument on behalf of the
corporation therein named. and acknowledged to me that such
corporation executed the within instrument pursuant to its By-Laws
or a resolution of its Board of Directors.
,
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NotarytPublic in and or sq:l.d State
---
EUGENE SZENFELD. Notary' Public.
~:.alo of California. PrlnclJ)al Offlco, lOS' Anaeles 'County
My COIdmission Expires Sept,-3. 1966
341 S,S[ RJinbow Dr,,'A:tusa.~qlif.
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JUN 17 1964
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WHEN RECORDED MAIL TO
Hahn & Hahn (LHR)
808 Security Building
Pasadena, California
47 DECLARATION OF COVENANT
82
BKMI537pc809
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HAMILTON STONE and MARIETTA B. STONE, husband and wife,
LEO O. WILHELM and LOIS F. WILHELM, husband and wife, HOMER DUERR
and MARY A. DUERR, husband and wife, and THELMA T. FENELON, a
That HAMILTON STONE and MARIETTA
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$2.8a~
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B. STONE, LEO O. WILHELM
widow, hereinafter referred to collectively as Declarants, hereby
covenant, agree and declare as follows:
and LOIS F. WILHELM and HOMER DUERR and MARY A. DUERR, are the
owners of that certain property in the City of Arcadia, County of
Los Angeles, State of California, hereinafter referred to as
Parcell and specifically described as follows:
Lot 3, Block A, of Tract No. 10898, per map
recorded in Book 189, pages 42 and 43, of Maps
in the Office of the County Recorder of said
County.
That THELMA T. FENELON, HAMILTON STONE and MARIETTA B. '
STONE, LEO O. WILHELM and LOIS F. \HLHELM, and HOMER O. DUERR and
MARY A. DUERR are the owners of that certain property hereinafter
referred to as Parcel 2 and specifically described as follows:
Lot 4 in Block "A" of Tract No. 10898, per map
recorded in Book 189, pages 42 and 43, of Maps
in the Office of the County Recorder of said
County.
That in consideration of the granting of a permit by the
City of Arcadia for the construction of a building on said Parcel 2,
Declarants covenant and agree for themselves, their respective heirs,
successors and assigns, that a common driveway twenty (20) feet in
width shall be constructed upon the westerly 18.75 feet of said
Parcel 2 and the easterly 1.25 feet of said Parcell and shall at
all times hereafter be'maintained for and be usable in common by the
owners and respective tenants of said Parcell and said Parcel 2.
That this covenant and agreement is executed pursuant to
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Section 9255.2.10 of the Arcadia Municipal Code and shall inure to
-1- RECORDED IN OFFICIAL RECORDS
OF LOS ANGELES COUNlY, CAUF.
Min. A 5 19
.12Post 11 M JUN 64
RAY E. LEE, County Recorder.
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8KMl537pcB10
the benefit of, be enforceable by and may be released only with the
consent of the City of Arcadia.
IN WITNESS WHEREOF, Declarants have executed the within
Declaration of Covenant this ~~
day of
, 1964.
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APPROVED AS TO FORM:
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STATE OF CALIFORNIA, ) ss
COUNTY OF LOS ANGELES.) .
On this 25th day of May
Public in and for said County and State,
Stone. Marietta B. Stone, Thelma Fenelon, Leo O.
, 1964, before me, a Notary
personally appeared Ham; I ton
Wi Ihelm, Lois F. Wi Ihelm, Homer O.
Duerr and Mary A. Duerr
known to me to be the persons who executed the foregoing instrument
and acknowledged to me that they executed the same.
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Notary bl~c in an for the County
of Los A~geles, State of California
OFFICIAL SE.'\I.
MARY J. MlnlGAN
NOTAI!Y PUBLIC _ CALIFORNIA
PRINCIPAL OFfiCE: IN
LOS ANGelES COUNTY
My Commission expires:
MARY J. MilliGAN
My Commiuion Expires March 15, 1968
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RECEIVED
JUL 10 1964
June 18, 1964
CITY. OF ARCADIA
1lIt_1lO bEPr.
TO: City Attorney
FROM: Director of Public Works
SUBJECT: 22 West Live Oak Avenue
The attached letter, recorded easement and declaration of covenant
are forwarded to your office for your official approval, even though Mr.
Russell advises that he has already received it.
One question arises in my untrained legal mind, namely the verbiage,
".....an irrevocable easement appurtenant to Parcel B in, over, and upon
Parcel A for the purpose of draining, flowing and channeling natural sur-
face water from Parcel B."; and more specifically the words "draining, flow-
ing, and channeling natural surface water from Parcel B." Is it possible
that because of the use of the word "natural" surface water rather than
"all" surface drainage would give rise to possible court action on the
basis that the natural flow from Parcel B is not in the same quantity as the
drainage emitting from Parcel B after it has been fully improved?
CEL/ fn
would be
Your "pearls of wisdom" to
most cheerfully accepted.
Works
JUN J.7 1964
HERBERT L HAHN
ALLYN H. BARBER
EDWIN F. HAHN
A. HALE DINS MOOR
STANLEY L. HAHN
O"'VIO II. ROBINSON
J. KENNETH CAMERON
RICHARD G. HAHN
L.OREN H RUSSELL
LEONARD M. MAR"NGI
WILLIAM 5 JOHNSTONE, JR.
ROBERT E. CARTER
GEORGE R. SAF'F...
RICHARD L BLOCK
DON MIKE ANTHONY
RICHARD 1'". MILLER
HAliN ~ HAHN
LAWYERS
CITY 'OP ttdtCADh\
aUILIlINIi DFr.
PASADENA, CALI FORN IA
SYCAMORE: 6-9123
MURR....V 1-6946
SUITE soe SECURITY BUILDING
91101
June 16, 1964
Building Department
Ci ty of Arcadia
240 West Huntington Drive
Arcadia, California
Attn: Mr. Chastain
Gentlemen:
We enclose herewith photocopies of the Easement
and Declaration of Covenant recorded with reference to the
Hamilton Stone Associates at 22 West Live Oak, Arcadia.
The Easement was recorded on June 5, 1964, in
Book D2499 Page 485. The Declaration of Covenant was re-
corded on the same date in Book M1537 Page 809.
Copies of these documents were forwarded to
City Attorney James Nicklin on May 27 and June 1, 1964, and
I was advised therea'fter by Mr. Nicklin that they were
acceptable to him.
truly yours,
f(y~
oren H. Russetl
of HAHN & HAHN
LHR:mjm
cc: Mr. David E. Hoyt
Enc.