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Home My WebLink AboutD-1294 !1 !I . i: \ihen Recorded, Return to City Clerk' ~' il P.0.Box60' A cadia,,&~!~ o~~a ~ !V.J~~' , ..-\ q- 11.->DECLARATIOOOF \ Q.; RICHARD E. 'DOOTSON and MARILYN ,f ;-"- -.------ -,- - ..----- RECORDED Ill! OFFlClf:l,ECOR:J., LOS M~\1ELE5 (;our-:n, CM.!J'. fOR TITLE INSU!lAI'!C~ I' TRU:U 00. BKMI319pcB94 j./J 9~ , ~'~ 3796 3 ~ 1~ to r::. AUt! 6 ~SG3 "RAY Eo 'LE.f" Cc:lUItx Rec:o:4'Jl , 0 6 COVENANT, :1 " ;;:', ;;;('3; 1 ~~-, . ~ -..... -.. . .> , J. DOOTSON, husband and 'wife, 'I and PETER J. ROSI and DOROTHY M. ROSI, husband and wife, hereinafter referred to COl~~ct~velY as Declarants, hereby covenant, Cagree and " li declare as follows: 'I I. Tha t RICHARD F. DOOTSON and MARILYN J. DOOTSON are the owners I of that propert~! in 'the City of Arcadia, County of Los Angeles, State , , of California, h~reinafter referred to as Parcel 1 and specifically , " " described as follows: That p~prtion' of Lot 2 in Block "c" of the Santa Anita ,Land Company's Tract, per map recorded in Book 6:, page 137, of Maps, in the office of the County!! Recorder of said County, described as fol10\1s: , " '1\ , Beginning at the northeasterly corner of said Lot 2ji thence South 80045' \'1est along the northerly line thereof, 104 feetj thence South 8050' East parallel with the easterly line of said',LOt 2, 331.44 feet, more or less, to the southerly line thereofj thence North 81010' East, along said southerly line, 104 feet, more , or less, to the southeasterly corner of said Lot 2'j I; thence North 8050' West along the easterly line thereof, 332.21 feet to the point of beginning. Ii J, That PETER J. ROSI and DOROTHY M. ROSI are the owners of " " I ' that prop~r~y hereinafter 'referred to as Parcel ~ and specifically , , described as, 'fe>110ws: . .', i d ' That portion of Lot 2 in BloCk "e" of Santa Anita Land Company's Tract,' as, ~hown on map recorded in Book 6) page 137, of Maps in the office 'of the County iiRecorder of said County, described ~s follows: . I;, . " ~...,; . . Commencing on the southerly line of Dua~te Road, 60 fee~ wide, measured along the southerly line of said road and having a bearing of North 80045' East a :idistance of 104 feet to the true point of beginn~ngj thence South 8050' East parallel with the easterly line of said Lot 2 a distance of 331.44 feet mqre or less, to .the southerly line of said Lot 2j !:thence South 81010' \'1est along the westerly ~ . , " Ii il " Ii :1 ,', I , ',J', ' " c..: oJ ~ -1- l! ' .. .,' ~ ' .~~ Ii ' . ' . .' ,,' j em1ifI!JrgpC895 . i: . t " . . " I .' ~ prolongation of said Lot 2 a distance of 99.97 ,feet more or less to the westerly 1ine,of the boundary of the City 'of Arcadia; thence northerly along said westerly line of the west boundary of I, the City of Arcadia a distance of 327,11 feet more o~:less to the southerly line of Duarte Road; thence northeasterly along the southerly line of said RO~d a distance of 39.56 fee~ to an angle ,point as shown on the County of Los Angeles Surveyors Map No. B-238l to the westerly boundary line of I: th~ City of Arcadia and to the ,true point ofbegihning. ' Ii That inll consideration of the granting of permission by the C~ty of Arcadia tb use a twenty (20) foot common driveway located in " e part on each of said Parcels and serving each of said Parcels in lieu . , of a twenty (20) foot driveway located entirely on each of said Parcels, 11 . Dec1arants covenant and agree for themselves, their respective heirs, " successors and aS~ignS, that a common driveway twenty (20) feet in , " width shall be co~structed upon the westerly ten ,(10) feet of said II Parcell and the'&aster1y ten (10) feet of said Parcel 2 and shall at " II ' all times hereafter be maintained for and be usable in common by the :; I' ' owners and , respective tenants of said Parce1'l and said Parcel 2. " i! , 'That this ,covenant and agreement'is executed'purauant to I: II , ' Section 9255.2.10!!of the Arcadia Municipal Code and shall inure to I . I, the benefit of, be enforceable by and may be released only With the . . 1 consent of the City of Arcadia. I: IN WITN~SS WHEREOF, Dec1arants have executed the within " Declaration of Covenant , 'I Ii I, ,I II I, I' ~'I il II ,! I' ,I ,:1 . II . " :' ,I it, : II I , Ii Ii I: I: I: i; , I ! l.. I' II this I'~..""~ day of -;s-~ , 1963. ~~~ -r~{,4"-;{?~/ c.: -.l ~ /~~i?-~ " "r" :;>>;:h~~_/~,",) d &;r~ C- ,/ C" -2- " 'I Ii 1 I, ,I ij I' I: " . I J STATE OF CALIFO~",~A, ss. COUNTY OF LOS ANCfELES; II II On this; ,q ~ dc;.y of -S~ Ii . , Notary Public in 'and for said County and State, personally appeared I' ' RiJ... I 1. _vvIBol." ..~Hl!'J!j1 J. "Illl",~. PETER J. ROSI and DOROTHY M. Ir ~ I' ROSI, known to me;! to be the persons who executed the foregoing " " instrument and acknowledged to me that they executed the same. , " I' 11 I: " I, " ,I II ': " II , " "' . , ,," BKM1319pc896 ,.. 1963, before me, a , o. ~~~.<,~~~) _CE B~(W1!Il _ ,: " m --",,"C[ Rlltrv~ .. _, Q. Notary Public in and for.'the County" of Los Angeles, State 0~'Californ1a ..,., ..... J u; .... \ Ij \ (SEAL) , - '", " ~ :. Ii My commission expires: ~~, \ I.,} \ 0" '" 1 ~ ~~ I, " STATE OF CALIFORNIA, Ii ) COUNTY OF L08 ANGELES Ii ~ ss On this 5th day of, AuJlst, 1963, before ma, a notary public in 'lnd state, personally appeared Richard F. Dootson; and Harilyn ~e to be the presons'who executed the foregoing instrument and ,'they egecuted the smne:. Ii , Ii I, 'I II ,I I! I, Ii [' ,\ " I' Ii ~ ;~ I , , I I II II I 'I II Ii I, I , II ; I .) " I'. Ii" > ' I' I \ " .~. /t'~- II " 'I I, and for said county J. Dootson, known\t,o, ' acknowledged "t.<dne; that, ':<~:'..~:~'.'.'. "::;i;~ . . ~ ~. t f ......... l '.: ; ~._ :"t .... ~ ~ . !: ... ~ . ~.. ;; '%<> ~\:./I...:. '."~' A.,&&, ......,,' '. I "li- ... .\ MY E GUDUS '.' . . , NOTARY PUBU in and for the County of Los Angeles, Slate of California My Commlss~on Expires May 27~ 1967 ~ -J. c.o :-l . '. " ", , ". ,~' ',' , ~ ". . .. '. , -3- r . , . December 15, 1972 . ~J....~ e~'1 ~J TO: Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Request by Owner of Property at 1156 West Duarte Road for Release of Covenant On June 19, 1963, the then owners of the property at 1156 and 1164 West Duarte Road executed a covenant which stated: "That in consideration of the, granting of per- mission by the City of Arcadia to use a twenty (20) foot common driveway located in part on each of said Parcels and serving each of said Parcels in lieu of a twenty (20) foot driveway located entirely on each of said Parcels, 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 ten (10) feet of said Parcell and the easterly ten (10) feet of said Parcel 2 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." At that time, the property at 1164 was already developed with an apartment house which had two 10-foot driveways which were nonconforming. The Code, at that time, required two l2~-foot driveways or one 20-foot driveway or a 20-foot common driveway installed pursuant to a declaration of covenant. Apparen~ly the motive for the declaration of covenant was an ~ntention of the owner of 1156 to construct an apartment house. The apartment house was never constructed; neither was the 20-foot common driveway. The present owner, Foremost Land Co., Inc., now wants to construct a condominium with a central courtyard giving access to the garages and consequently wants a release of the covenant which affects the westerly ten feet of the property. The Fire Department has investigated this matter and their report is attached. Ie . Request for Release of Covenant December 15, 1972 Page 2 It appears that the declaration of covenant serves no purpose and therefore it is recommended that the City Council authorize a release of the City's interest. If this recommen- dation is accepted the action would be a motion as follows: The Mayor and City Clerk are authorized to execute a release of covenant relating to the property at 1156 and 1164 West Duarte Road as set forth in a declaration of covenant recorded August 6, 1963. Respectfully submitted, ~~~ City Attorney RDO:at Attachment . m eVVM/))'U,~fJU,'(J/J,VTlJ, Date December IS, 1972 TO: Robert D. Ogle, City Attorney FROM: Laurence J. Way, Fire Chief c SUBJECT: Property at 1156 and 1164 West Duarte Road , On December 14, Chief Moore, Chief Dick, and the undersigned conducted a survey of the properties located at 1156 and 1164 West Duarte Road, this city, in response to your memo of December 13. The purpose of the survey was to ascertain, if possible, what future problems there mayor may not be, should the City of Arcadia release any claim to enforce the 1963 Declaration of Covenant which the then owners of the properties executed for the p~rpose of constructing a 20 foot wide common ariveway between the two parcels. As you point out in your memo, the apartment at 1164 West Duarte Road has a 10 foot wide driveway down each (west and east) side. The owner of the parcel at 1156 has not, to date, constructed any apartments on his property, and as a result has not installed the easterly 10 foot portion of the agreed upon 20 foot wide common drive- way. Current plans for building construction at 1156 are for a condominium with, vehicular parking off a central court, and would obviate the necessity for the afore- mentioned 10 foot driveway. While this office cannot state that a wider driveway would not be of extreme value in the course of some future emergency response, the undersigned does understand that the driveway installations at 1164 West Duarte Road, as they now exist, were constructed as per all city requirements at the time. As a consequence, it appears that the continuance of, this matter, as it now is, would not increase potential emergency resporise~ by any more than have existed since original installations were completed. LJW:cbc ,"' /)' '1-, ,,-.;,l' '! I \ " t~ 1'"",4: ,,({ \,' \ '\ 11)",\ .;Jl....o<. t/" n.. CI if z, ~. . "'1IrttT Irt...c.. ~ITY ,-it;" , . I ~.! . ." .Q~ .. ~I'I ~ ~ .t ~I k: ~ 9; , ~. \';.., I!!-i'... .- I .; ~ .. II , . . . DUARTE ~ ~ ~ . ~: 2 ROAD -.J.'~ L J~2Af_ tl I IDUl!!IOI81 I IWf)"flO , !e ;~~J fHUI\'~Ir.;~}g ". : : : :;1 1 I I I I I , I ~!l' !!...LJ!.,..1..~J...u.l'otJ I ! I I.... ! I _I I ci'! .~ J"l ~ ~!I !~:l~a > " Ji :12 iF 'I I '" ~ I 'p i -~ ~l I ,...1 I 10 ! 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