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HomeMy WebLinkAboutD-1377 ~~ r.~... 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 I'::;I! 32.8G a.IJ real property and improvements thereon (hereinafter referred ~ 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. . ..~.~,......,.~ 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. ~ ~ CIJ ~ ~,</r~ Pres ident C?.__:~,-:/ k //1;;2)~/ Secretary -1- - - : ~"'1.,l' ...../ '.i .', - ..--_,.....~. ,....._-7. ~r::;:;-....-::::-::=;o:...';;::;:~. ~ _._=----.., 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 R / t'.lvt>'1 C;! 8 ,h~M"1hV , known to me to be the /-:." q.,' dl',,,f- . and fl. F'I'{i.,,.K. s~,_i(J/c.. known to me to be the J~ ( ,< I' T?:.- ( ,.; of the ..; 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. , (l ~ I') e-",~ ~/e"{L/c.t/.( 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. . , . "\' .~ ~ 00 ,.. -2- n~'-"""'I"-- JUN 17 1964 I;,;rr'9-oF' ARCAIJI" BUIIo ~--- 'C"""'"__ ~--.~~ .~- --- ...---------- --- --- WHEN RECORDED MAIL TO Hahn & Hahn (LHR) 808 Security Building Pasadena, California 47 DECLARATION OF COVENANT 82 BKMI537pc809 ," "I <.'- " / 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 FE~ ~ $2.8a~ 2J 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 ~ ~ (JJ N 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. ,I "'f' n\~' ':.\,,1) ... : ~. i ~ {:- . ,:', l:.[i:, . . ,... ....:3~{' \.~ ...' f~ " ..\\..:Ii"#~:...^ ,. "... .'. ,,,,-:.-:"'-1 ( . - ~~ t:-',:", " T: . - ,~. :) ~-: i." J r J' ..: ", ~_;. ~ f,j "~" .':'1': . ......,-' . .., . '11 ".;'1 .. . . ',) ~'."."~ ~. ,. -. - - - ., -_.-......_---~-- . 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. IJte .---=1 / '?l ('~tf~'::~U)'J - -.tf/'UZ_ I , l1:bv.&ftz/ d ,~ ~~~ I' 2,J'IIJ 1 \ ..(fJ ({; . U ~fj( (I !~/fJ ~.7~~L/ !I~~ Ci2 ~~ !" \ tl. iCj(; (' ,1-; / L 1); If ..1.(., 'I l M"''1 APPROVED AS TO FORM: cJ(!j'itl~~#~ 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. ,/"j 71J / ,;!~~ fJ /~~~ 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 ~ -.J (JJ N -2- 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.