Loading...
125, Easement adjustment, Resolutions & Approval ConditionsLEL g £734 ill 011 When Reco*ded Return to: HOWARD W. MEISTER, II 9100 Wilshire Boulevard Beverly Hills, California,'90212. .► eonnEU m Of • I;ZUST co. • 221.7 DOCUMENTARY TRAN$FER TAX �...N. ve • ,r- Tf!h Instran:c and Tru,,'. C n,i ny ;;IGAED - PARTY ; f3."..m ;n• �- As Instructed by��{�t��.� , c.-z.4..s.—• • .' 1:71$ 7�� EASEMENT AGREEMENT AND COVENANTS RUNNING WITH THE LAND TH EASEMENT AGREEMENT is made and entered into this 4!5'G1t, day of /721-tet.2gYY , 1971, by and between EDWARD L. PEARSON and BAI ARA J. PEARSON (Pearson) and HOWARD.W. MEISTER, II.and JANET.M. MEISTER (Meister). ' I. _ RECITALS • • 1. Pearson is the owner of the real property described in Exhibits "A" and "B", attached hereto and made a part hereof. Said real property is hereinafter sometimes referred, to as Parcel A and Parcel B, respectively. 2. Concurrently herewith Pearson is conveying fee title to Parcel B to Meister. 3. Parcels A and B are adjoining and contiguous parcels. 4. Pearson represents and warrants to Meister.that the pro- ' visions of this Easement Agreement, and the conveyance of fee title to Parcel B to Meister, do not contravene or violate any applicable Declaration or other instrument containing covenants, conditions and restrictions affecting Parcels A,and B nor the applicable ordinances laws and regulations of the City of Rolling Hills, County of Los Angeles, State of California. 0 II. EASEMENT 1. Meister does hereby grant and convey. to Pearson an exclusive easement for the, uEe_of the surface of the real property described in Exhibit "C" (attached hereto and made a part hereof -- said real property being a part. of Parcel B) for the purpose of constructing and maintaining a horseback riding ring, -subject to the following: (a) Said easement shall be and remain for the sole use .and purpose of the maintenance of a'horseback rid- ing it ng to be used by the fee owner'of Parcel A and said fee owner`s immediate.famity and guests 'and for_no opirnoseiprovided, however, not- withstanding the foregoing, Pearson (including his immediate family) shall have the right to make use of the said horseback riding ring in the event, Pearson conveys tee title to .Parcel A, but such jght to be exercised by Pearson (and his immediate •family) only for soiong as Pearson holds fee title to_ residential property ithe_ity of Rolling ills, County of Los Angeles, State of California, and is . .) . •�. .10 bonide resident therein, and the owner of Parcel A consents thereto in. writing,_ an�_executed copy o; said —consent to be delivered to the owner of Parcel B; and The fee owner of Parcel A shall at all times main- tain the easement area including the said horseback riding ring in a state of good condition and repair (including replacement as the same may be required, from time to time) at the sole cost and expense of . i the said fee owner of Parcel A; and The fee owner of Parcel A shall and does hereby agree to indemnify and save the fee owner of Parcel B from all liability, damages, cost and expense (including attorneys' fees) arising out of or in- curred upon said easement area as described in Exhibit "C" and any use in connection therewith, whether with or without the knowledge or consent of the fee owner of Parcel A; and (d) All improvements upon or affecting the easement area (including, without limitation, grading, drainage and the like) shall comply with all applicable,laws, ordinances and regulations, Pearson hereby agreeing to indemnify and save Meister. harmless from any act • or alleged act constituting a violation or alleged violation of any such applicable law, ordinance or regulation. 2. The easement herein granted is' .iu'perpetuity. III. COVENANT RUNNING WITH THE LAND ' 1. Pearson does hereby agree and covenant with respect to the real property described in Exhibit "C" (easement area) as follows: • To maintain the said easementarea in a state of good condition and .repair (including replacement as the same may be required, from time to time) at the sole cost and expense of the fee owner of Parcel A; and (b) To indemnify and save the fee owner of Parcel B from all liability, damages, cost'and expense (including attorneys' fees) arising out of orincurred upon said easement area7and any use in connection there- with, whether with or'without the knowledge or consent' of the. fee owner of Parcel A; and (c) That all improvements upon or affecting the easement area (including, without limitation, grading, drain- age and the like) shall comply with all applicable laws, ordinances and regulations; and • (d) •To use the easement only in the manner and for the •purpose herein stated, and not otherwise: • 2. .The covenants and agreements as contained in this agree- ment are hereby declared to be covenants running with the land and shall be and hereby are expressed to be for the benefit of Parcel B and the owner or owners thereof, from time to time, and their suc- cessors in interest and assigns; and, shall be binding upon the owner or owners of.Parcel A,:from :time to, time, and their successors in interest and assigns. IV. GENERAL. PROVISIONS 1. The provisions hereof shall not be effective for any purpose unless and until the same has been executed by the parties hereto, acknowledged, and recorded in the office of .the County Recorder of Los Angeles County, California. 2. The provisions hereof shall inure to the benefit' of and be binding upon each of the .parties hereto and their respective heirs, devisees, personal representatives, successors in interest and assigns. 3. In the event of litigation concerning the use of the ease- ment or the covenants related. thereto to be kept and observed by the owner,or owners, from time to time, of Parcel 'A, the prevailing party shall be entitled to costs and attorneys' fees. IN WITNESS WHEREOF, the parties have executed this Easement Agreement and Covenants Running With the Landas of the day and year first hereinabove . written.' EDWARD.L. PEARSON BARBARA J. PEARSON erzat(tv. HOARD W. V EIST R, II O PtPr • • • i. . • THOSE PORTIONS OF LOT "H" OF RANCHO LOS PALOS VERDES,•IN THE CITY OF ROLLING HILLS, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY ET AL., VS. BENT ET AL.," CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES;.•' AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS IN KTHE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: ALL OF THAT PORTION OF THE LAND DESCRIBED IN PARCEL NO. 1 OF DEED TO WRESSEY C. COOKE AND WIFE, RECORDED AS DOCUMENT. NO. 538 ON JUNE 22, 1944 IN BOOK 20955 PAGE 363, OFFICIAL RECORDS OF SAID COUNTY, LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE SOUTHWESTERLY BOUNDARY OF THE SAID PARCEL NO. 1, DISTANT THEREON SOUTH 70° 05' 10" EAST •,;•,; j 209.89 FEET FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE ...,: NORTH 19° 54' 50" EAST 50.00 FEET; •THENCE NORTH 20° 24' -I 30" EAST 533.05 FEET TO A POINT IN THE NORTHERLY BOUNDARY '',•1 OF SAID PARCEL NO. 1 WHICH IS WESTERLY THEREON 355.00 FEET • FROM THE MOST EASTERLY CORNER OF SAID PARCEL NO. 1, THENCE • ALONG SAID NORTHERLY BOUNDARY, NORTH 78° 14' 20" WEST, 101.15 • FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 20° 24' 30" WEST, 275.00 FEET; THENCE SOUTH 68° 36' 17" WEST, 196.71 FEET; _•- THENCE SOUTH 87° 17' 40" WEST, 30.00 FEET TO A POINT IN THE . . WESTERLY BOUNDARY OF SAID PARCEL NO. 1 DISTANT THEREON, NORTH 2° 42' 20" WEST, 165.00 FEET FROM SAID SOUTHWEST CORNER. 1,. r • 4 • • .f f • / 1' 1 . • • f �1� 1r }, 1 i 11 �,t►`f Those portions of Lot "H" of Rancho Los Palos Verdes, �;in the city HofRolling' Riila .;.• ::".1. 1.i in 'the county of Los Angeles, state .of California allotted to ,Jotham Bixbyby, " i1r1'i1•' 1'`,LI..',decree of partition in action "Bixby et al., Na: Bent ot'al ," Case No. •2373,' in thc,;';i l :district court of the 17th Judicial District of "said: state, . in 'and *for 'said county of;'•, :r;�' ,Los Angeles, and entered in book 4 page 57 of judgments, in the Superior Court,nf;said.'? • VI —county, county, described as follows. '• '' `,,� .,i 'i:: ` >;`t ' ' ?';'3 :Ir* All of that portion of the land describedit ,y �,`..ot�,�'',�.7, • • z •? In Parcel No.'•' 1 �of deed to Wres sey C. • Cooie!. 4.9 'and wife, recorded as document no. 538 on June'22, 1944''in Book 20955,page 363 offieir� ij records of said county, included within the following described lines: . ,' "• ,-g ;'.; 1 I.� . f .• . lam• ' � i.• ; V.., 7 .1: ., ., ' 4;,! r s' • ,, n .: i ��,�,:; r'..t. .`f. • • .4 •!,:; ,;11•. °.1!%'•,;',;';l' EXHIBIT '"B" 0 . •• • . • 0. • • EXHIBIT "C" : THAT' PORTION OF LOT "H" OF RANCHO LOS PALOS VERDES, IN 'THE CITY OF ROLLING HILLS, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ALLOTTED TO JOTHAI4 BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY ET AL./" CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN ROOK 4 PAGE 57 OF JUDGMENTS IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: ALL OF' THAT PORTION OF THE LAND DESCRIBED IN PARCEL NO. 1 OF DEED TO WRESSEY C. COOKE AND WIFE, RECORDED AS DOCUMENT NO. ' • 538 ON JUNE 22, 1944 IN BOOK 20955 PAGE:363, OFFICIAL RECORDS OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED LINES:' BEGINNING AT A POINT•IN THE SOUTHERLY BOUNDARY OF THE SAID PARCEL NO. 1, DISTANT THEREON SOUTH 70°05' 10" EAST 209.89 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 19° 54' 50" EAST 50.00 FEET: THENCE NORTHU20° 24' 30" PAST 533.05 FEET TO A POINT IN THE NORTHERLY BOUNDARY OF SAID PARCEL NO. 1 WHICH IS WESTERLY THEREON 355.00 FEET FROM THE.MOST EASTERLY CORNER OF SAID PARCEL NO. . 1 ...to r�L : �-t�a n.�- /241 / Net !" • ^ 1 . CrCti w .) .R.L4 cr • e 441 ' ••'? P' • It i. s 4 o # /q „, 4-)., 7.041 • e), az -Pi • L'ddl f:a• subscribed . . they e ,• . , ,T, . a •• • TO 447 C (Individual) STATE OF CALIFORNIA • COUNTY OF • tit" W C- G—I F On Llev t ti r, State, personally appear tit•L bu �l r13t34 Ct 7 1 before me, the •Undersigned, a Notary Public in and for said EDWARD L. PEARSON and BARBARA J. PEARSON. to be the person S whose name S are to the within instrument and acknowledged that executed the same. WITNESS my and and official seal. Signatur. ' 4..1cjLL.C) yt 1 Name (Typed or Printed) T0447C• (Individual) STATE OF CALIFORNIA COUNTY OF (^L'S NC'•E LE On State, psonaily appeare subscribed they .t• • , known to me OFFICIAL SEAL • AUDREY H. HEARN NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires Nov. 8, 1973 (This 'area tor'Meld notarial soon 011 before me, the undersigned, a Notary Public in and for aaid • I4OWARD W . ME.I_STER ; TT and .TANET M. ME T STER to be the person S whose name S are to the within instrument and acknowledged that executed the same. • WITNESS my hand and official seal. Signatur An • • Name (Typed or Printed) , known to me OFFICIAL SEAL AUDREY H. HEARN NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN LOS AI•IGELL'S COUNTY, My Commission Expires Nov. 8, 1973 (This area la Waist notarial Hal) 1