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124, Construct a stable in front ya, CorrespondenceALEF AND SCHNITZER A P R O F'E S S I O N A L LAW CORPORATION 10889 WILSHIRE BOULEVARD • SUITE 1250 KIRKEBY CENTER • LOS ANGELES, CALIFORNIA 90024 • (213) 272-9858 ARTHUR ALEF MARTIN J. SCHNITZER June 28, 1973 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attention: Mrs. Cunningham Gentlemen: In accordance with the request of our client, Mr. S. D. Weiman, we enclose a copy of the Modification of Easement executed in his favor by Edward L. Pearson which was recorded in the office of the Los Angeles County Recorder on May 4, 1973. Very truly yours, ALEF AND SCHNITZER y Arthur Alef cc: Mr. S. D. Weiman Liy ofieeein$ .wee April 27, 1973 Godfrey Pernell, Chairman Planning Commission City of Rolling Hills . No. 2 Portuguese Bend Road Rolling Hills, California 90274 WILLIAM KINLEY CITY ATTORNEY SUITE 901 555 EAST OCEAN BLVD. LONC3 BEACH, CALIF. 90802 (213) 437-0973 re: .Application of S. D. Weiman for Front Yard Variance - Zoning Case No. 124 Dear Sir: You have asked me to provide you and the members of th'e Planning Commission with a legal opinion as to the effect of a legal document entitled "Easement Agreement and Covenants Running with the Land" dated January 25, 1971, executed by Edward L. Pearson and Bar- bara J. Pearson ("Pearson"), and Howard D. Meister II and Janet M. Meister ("Meister"), a copy of said document is attached to this opinion. This document purports to burden land owned by S.D. Weiman (Appli- cant), and conveys to Pearson an exclusive easement for the use of the surface of the real property described' therein for the purpose of maintenance of a horseback riding ring to be used by Pearson and his successors, his immediate family, and guests. The document also contains what purports to be a covenant running with the land which requires Pearson and his successors to maintain the property covered by the easement, and to pay all expenses in connection therewith and to save the owners of the property burdened by the easement from any liability or damage as a result of the use as a riding ring. The covenant further provides that all improvements placed upon the land covered by the easement shall comply withall applicable laws and ordinances. Although the easement portion of the document states that it is exclusive and granted in perpetuity, there is a provision which provides that the easement shall terminate if Pearson or his successors Godfrey Pernell, Chairman ' April 27, 1973 Page Two • cease to be bona fide residents of the City of Rolling Hills and the owners of fee title to residential property located in the City of Rolling. Hills. The legal effect of this document is to create an easement in favor of Pearson and his successors covering approximately 10, 000 square feet of the land located on Applicant's lot, and is a legal, valid ease- . ment. That part of the document entitled "Covenant Running With the Land" is not determinative of the question before the Commission. Applicant's property has a gross area of approximately 2. 06 acres, including road and perimeter easements, and was originally a part of a larger parcel which prior to its division contained approximately 6.3 acres. Said parcel was owned by Edward L. Pearson, et al, who sub- divided the parcel in 1962 into two lots, each of which contained in excess of two acrea in area, including all easements. The subdivision was approved by the City of Rolling Hills and the Rolling Hills Community Association and each lot has a building site located thereon. Both par- cels remained under Pearson's ownership and he constructed a home on one of the lots, and in the year 1971 sold the remaining lot to Howard M. Meister, Applicant's successor in interest; and as a part of that sale transaction, the lot purchased by Mr. Meister was burdened with the easement as per the document described above and attached hereto. Subsequently, Mr. Meister sold the property to the Applicant herein who now proposes to develop and improve the same in accordance with the plot plan which was filed as an exhibit in these proceedings. As part of the development of the property, applicant has asked the Commission to grant to him a conditional use permit enabling him to construct a stable in the front yard of the lot. Sections 3.02 and 3.03 of Ordinance 33 establish the minimum required area of a lot and the minimum required area for a dwelling unit. In other words, these sections state that each dwelling unit and lot must have the minimum required lot area specified in the Zoning Ordinance for the zone in which said lot is located. The Applicant's lot is located in a two -acre zone and it is therefore necessary that the lot have an area of not less than two acres in order to comply with the requirements of the Zoning Ordinance. No definition of the words "minimum acreage" or "gross acreage" has been included in Ordinance 33, however the word "lots" is defined in Section 1.18 of the Ordinance and the application of this definition to the Applicant's lot establishes that the lot area extends to its exterior boundaries, even Godfrey Pernell, Chairman April 27, 1973 Page Three though there may be included within those boundaries of the lot ease- ments for bridle trails, roads and public utilities. Accordingly, the lot area must include all easements including those reserved for bridle trails, roads and public utilities. Applicant's lot includes within its two -acre area the Pearson riding ring easement (indicated on plot plan), an easement fifty feet in width along its southerlyboundary for Crest Road, an easement thirty feet in width along its westerly boundary for John's Canyon Road, ari easement 12-1/2 feet in width along its north- westerly boundary and a ten -foot easement along the remaining boundaries of. said lot for bridle trails, public utilities and road purposes. The only provision contained in Ordinance 33 relating to lot areas is found in Section 5.04, which reads as follows: "Section 5.04: Area Not to be Reduced. No lot area shall be so reduced or diminished that the lot area, average width,• yards, or other open spaces shall be smaller than prescribed by this Ordinance." To properly construe the effect of Section 5.04 on the Weiman lot, it is necessary to have a clear definition of the words "reduce or diminish" as these words are used in said Section. Webster's New Twentieth Century Dictionary, Second Edition (1957), defines these words as follows: "Reduce: To lessen in any way, as in size, weight, amount, value, price, etc." "Diminish: To'lessen, to make less or smaller, to reduce in size •or degree." Synonyms are given as: Decrease, reduce, abate, curtail. Giving full effect to these definitions; the Weiman lot as presently burdened by the riding ring easement still meets the required lot area specified by the Zoning Ordinance as "lot area" and "lot" as defined in Sections 1. 18 and 3.02 as within its boundaries is an area of two -plus acres. The average width of the Weiman lot has not been reduced by the burden of the riding ring easement, as the side boundaries of the lot have remained the same, notwithstanding the granting of the easement; Godfrey Pernell, Chairman April 27, 1973 • Page Four therefore, the remaining prohibition in Section 5. 04 relating to the reduction or diminishing of yards or other open spaces must be considered. Section 1. 28 of Ordinance 33 defines "yard" as follows: "Section 1.28: Yard. An 'open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise pro- vided in this Ordinance." Section 1.30 of Ordinance 33 defines "rear yard"' as follows: "Section 1. 30: Yard, Rear. A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street, it shall meet front yard requirements of this Ordinance. Where an easement traverses the rear portion of any lot and the owner of the servient tenement does not have the right to use the surface for buildings, then the rear lot line shall be considered to be the rear line of that portion of the lot to which the easement does not apply." The riding ring easement encompasses approximately ten thousand square feet of the rear portion of the Weiman lot, and has constructed on its surface a riding ring and the necessary fencing and surfacing commonly used in connection therewith. By the terms of the riding ring easement, the Applicant, Weiman, does not have the right to use this surface for buildings or any other purpose inconsistent with the terms of the easement granted to Pearson by Weiman's prede- cessor, Meister. It must follow, therefore, .that the Weiman lot has now been reduced in size as well as value and has been made smaller as specified in the definitions quoted above, and because of sucn reduction, a lot has now been created which is in violation of Section 5.04 of the Zoning Ordinance and does not meet the two - acre requirements of the Zoning Ordinance. The parties to the riding ring easement, in Paragraph II, 1(d), agreed that all improvements affecting the easement area •shall comply with Godfrey Pernell, Chairman April 27, 1973 Page Five all applicable laws, ordinances and regulations and the same language is found in the covenant running with the land, at Paragraph III, 1(c). Therefore, it was clearly the intent of the parties tnat this easement should comply with the Zoning Ordinance of the City of Rolling Hills, and it was entered into in good faith between the parties and in the belief that they had not diminished tne required lot area for a two -acre building site in the two -acre zone. That result was accomplished by the terms of the Agreement, but the other provisions of Ordinance 33 cited above have been violated and steps should be taken by tne Applicant and by the owner of the easement to restore Applicant's lot to its original configuration, without the burden of the riding ring easement before any Permit should be granted for tne construction of the improve- ments planned. Respectfully, % OIScin (ante, William Kinley 1' t . When Recorded Return to: HOWARD W. MEISTER, II 9100 Wilshire Boulevard Beverly Hills, California..90212. r..:d..i:r or • fiM u:;.\NC ro w 45 • • • 2217 • .DOCUMENTARY TRAri FER TAX Title Insuran:c and T:us1 RIG�tll'ED - Pj.-/.i� ..... I ;;;;;1 NAME As instructed by�l22.f �•..s.� L.r�.t ._."r$ EASEMENT AGREEMENT AND COVENANTS RUNNING WITH THE LAND THTf EASEMENT AGREEMENT is made and entered into this c,?fi21L day of /narz.20y , 1971, by and between EDWARD L. PEARSON and BAI ARA J. PEARSON (Pearson) and HOWARD W. MEISTER, II.and JANET.M. MEISTER (Meister). • Y. _ 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. :'p 2. Concurrently herewith Pearson.is conveying fee title to Parcel B to' Meister. \r 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. II. EASEMENT 1. Meister does hereby grant and convey. to Pearson an exclusive easement or the us f the surface of the real property described in txhi�b'ti "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 th-mai t ance of a horseback rid- ingring to be used by the fee owner of Parcel A ansaid fee owner's immediate family and guests an arno Qrthepurpose provided, however, not- withstanding the foregoing, P.e.rson (including his immediate family) shall have the right to make use of the said horseback riding ring in the event, earson conveys ree title to Parcel.A, but such' rh_t to be exercised by Pearson (and his immediate .family) only for s among as Pearson holds fee title ;to -residential proper�yn the_city of Rolling Hills, ceunty of Lns Angeles. State_Qf_CalifQrnia, and is a •• . .� ram• . bone fide resident therein, and_the,.owner of Parcel, A consents thereto in writing_, an _executed copy of 'said —consent o be delivered to t_ie__owner of Parcel B; and (b) 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 the said fee owner of Parcel A; and • (c) 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 Meisterharmless from any act 'e or alleged act constituting a violation or alleged violation of any such applicable law, ordinance or regulation. 2. The easement herein granted is in 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: (a) To maintain the said easement area 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 or incurred upon �••, , said easement area=and any use in connection there- with, whether with or'without the knowledge or consent of the fee owner of Parcel A; and I' (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,:frOmtilfle 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 parries. 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. FEARSON 7 BARBARA 3. PEARSON HO LD W. OEISTER, II . is • yr' y7)� ry ET M. MEIS`IER • t'