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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 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2611 271 28 29 30 311 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 - 2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 WK5397 POV' x 152651 . rS, The parties M tbds Sol 11-14.are m"bes T. 0trssebols 3 Iial matt 0• stromobbia/ lsrelsatbr, sa11e0 First tarty MA •; a.raaa 06 Trent sM 3604 &. Tsorle bareisartor, Salle& some" party. WlTsi&&a!&1 .'. 7 Whereas First Pasty mad Sees" tarty Seek ma property 8 in tie soaaaaity at sea JYsa OaplHroaoe county at Ora"*# 9 Nate or Oaliroraiy aa& 10 own" First Party desire$ noses Nross pep" ewsed 11 by aooend Party to roach additiowdestease or First lartye ar :. 12 Whoreae &esen& Party deelres aeeess Kress rroata&e 13 ltylelti kel& by First Party on cold &tato Highway 101" 14 so parties de hereby Aires So rollwnf 15 3e 71ret tarts hereby siwoop &rants and ooat*ys to "Goes over the &ho Mmortbast ~p1'epertysemeat tfronting 16 on "olor : leet orPair e Fred Newhart). aishmay 101 (previously wand by 17 26 ML so siiideratiea o'the be" eastement Seeo Party S 18 $ and First pnd easement (40ptesstt in width) ever their property at 1t from 40 root their the@adssti to �arPPpoelaO me srawted by puqmt - '�, iart'y sba11 Sola with this said moment to ora one sontiase" assess way tree *old state aisbray 21 Me to First Partyfe said asrea&e. 22 'FirN Party nal ween& Party "Team% mad as"* that 23 they will dna suet additional benaents So are ae000eery .24 .er.ararosiKt M e*rsoetly doseribe said ouwats is 25 apprepriato dsds atter, ebtaiaias *aid &S*eriptl"W Tres the 26 Maw Owtaty Title OeasasWV manta &sae oallrers"s 27 28 .. Tile apoosos1 is eseoste& this any To 19b. 2,9 f % 30 r 31 az ;. salts Peals soma am f, T WELTON BECKET & ASSOCIATES 10000 SANTA MONICA BLVD.LOS ANGELES C� APPROVED DRAWN APPROVED CHECK %19. Pa/Lt.d TITLE 5Tf405CPEIN S14OPPIHG CF- -ATER 0 A T FA *6(63 j 0 9. N o. 4786 1 S"T. _ZY 0