1964-1109_STROSHCEIN, HERBERT & HAZEL_Agreement• II � �� G� ire ���-���.
II
li AGREEMENT
2II
3'i The parties to this Agreement are HERBERT T. STROSHCEIN and
4 HAZEL G. STROSCHEIN, husband and wife, hereinafter called First
5 Party; H. C. TREFF and HAZEL A. TREFF, husband and wife, herein -
6i after called Second Party and SEASIDE RANCHOS, a California Cor-
poration, hereinafter called Third Party.
8 W I T N E S S E T H:
9 WHEREAS, First and Second Party negotiated reciprocal ease -
10 gents on their respective properties by way of easement agreement
11 dated May 7, 1960, a copy of which is attached hereto and by
12 reference made a part hereof and identified as Exhibit I; and
13 WHEREAS, Second Party subsequently leased their property
14 identified herein as the acreage contiguous to First Party's con -
15 templated drive-in theatre site to Third Party; and
16 WHEREAS, First Party has applied for a variance to establish
17 said drive-in theatre with the City of San Juan Capistrano; and
18 WHEREAS, First Party has presented to the City of San Juan
19 Capistrano a master planned access to the property where the
20 Drive -In theatre will be established if said City approves; and
21 WHEREAS, said planned access, a copy of which is attached
22 hereto and by reference made a part hereof and identified as
23 Exhibit II, calls for a 96 foot right of way instead of a 40 foot
241 right of way called for in the heretofore referenced easement
25 agreement; and
26I WHEREAS, all parties are desirous of establishing a satisfac-
27, tory right of way across the properties referenced in the easement
281 agreement and are desirous of seeing development commence in the
29 � area,
30!1 The parties do hereby agree as follow;.:
311, 1. The parties agree that the right of way depicted in
32, Exhibit II shall be the ultimate right of way from Camino
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32'
Capistrano to the proposed Stroschein shopping center and
Drive -In Theatre site.
2. First Party shall improve the said right of way, or
such portion of it as may be actually utilized, in accord-
ance with city standards of the City of San Juan Capistrano.
3. First Party hereby guarantees to Second and Third Party
access to the 96 foot right of way at an area wherein the
property owned by Second Party and leased by Third Party
fronts on said 96 foot right of way,, for development purposes.
4. First Party warrants to Second and Third Party that the
property owners of lot 21,as depicted on the Assessor's Map
attached hereto and by reference made a part hereof and
marked Exhibit III, have agreed in writing to the establish-
ment of the 96 foot right of way as depicted in Exhibit II.
5. All parties shall sign such additional documents as
may be necessary to establish easements for said right of
way as it is developed, said right of way not to exceed at
its maximum the 96 feet depicted on Exhibit II.
DATED: November 9, 1964.
FIRST PARTY
6LUU11D YtilCl x
SEASIDE RANCHOS, a California
Corporation
By 15- [�11i ii ( L
obert vorrey, Secretary ,
THIRD PARTY
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A D D E N D U M
First Party hereby warrants that Second and Third Party
shall have the right to use the full 96 foot right of way as it is
developed, for ingress and egress,from Camino Capistrano to the
point of access set forth in item 3 of the within agreement.
DATED: November 9, 1964.
1
Herbert troschein
-- Haze trosc zein
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Nate or Oaliroraiy aa&
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own" First Party desire$ noses Nross pep" ewsed
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by aooend Party to roach additiowdestease or First lartye ar
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ltylelti kel& by First Party on cold &tato Highway 101"
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so parties de hereby Aires So rollwnf
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WELTON BECKET & ASSOCIATES
10000 SANTA MONICA BLVD.LOS ANGELES C�
APPROVED DRAWN
APPROVED CHECK %19. Pa/Lt.d
TITLE
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