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Home My WebLink AboutD-1020 Common Driveway Recorded 07/20/1978/Recor;" Requested By: Cif' OF SAN LUIS OBISPO When Recorded, Please Return to: 34-WZ CrrY CLEWS OFFICE OAC. NO. OFFICIAL RECORDS C #y of San Luis Obispo so LUIS OBISPO CO., eft P.O. Box 321 San Luis ObiaM CA 93101 JUL 20 1978 AGREEMENT CREATING EASEMENT FOR COM ION DRIVEWAY WILLIAM E. ZIMARIK COUNTY RECORDER TIME" THIS AGREEMENT, between the CITY OF SAN LUIS'OBISPO, a Municipal Corporation, (hereinafter referred to as "CITY "), and Walter F. Ross, Sally A. Ross, Richard W. Ross, Harriet Ross,'and Glynn J. Warren and Eloise T. Warren, (hereinafter referred to as "OWNERS "). WITNESSETH: WHEREAS, OWNERS have an interest, either as owner or encumbrances, in the following described real 0property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California to wit: e Lot 3, Block A, Tract 179, City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map recorded, November 3, 195.9, in Book 6, Page 32, of Maps, in the office of the County Recorder, and land appurtentant to the new Parcel Map of San Luis Obispo 78 -09, Lots A, B, and C. WHEREAS, OWNERS desire to construct single family residences on Lot, B and C; and WHEREAS, CITY, as a condition of said developement, requires the creation of a common driveway easement to serve said Lot B and Lot C, and OWNERS are required to create same for Lot D, for the benefit of each of them, and for the benefit of OWNERS: NOW, THEREFORE, the parties hereto agree each with the other as follows; 1. OWNERS hereby dedicate an easement for common driveway over LOTS A, B, and C as shown shaded blue and orange on the attached map designated as Exhibit "A" which is hereby incorporated in and made a part of this agreement. Said common driveway shall exist in favor of each of Lot B, C and Lot D as shown on said Exhibit "A ": Except that parcel A shall only have rights and responsibilities to,the area shown shaded blue and lying southerly of an easterly projection.-of said parcels (A) north boundry line. 1 020 LVOL 2087 WE'l 71 1] 2. OWNERS and future owners hereby agree to comply with the following terms and conditions: a. To equally participate in the improvement, maintenance and repair of said driveways. b. Prohibit,all parking on the common access portions. C. Agree, jointly and individually, to reimburse the CITY of San Luis Obispo for all costs connected with removal of vehicles from the common access portions, and will reimburse the CITY for, and hold the CITY harmless from, all final judgments against the CITY for damages or other liability arising from the enforcement of the aforesaid prohibition against parking. d. OWNERS understand that the CITY cannot regulate vehicle usage or hazards upon said common access driveway and agree jointly and individually, to defend and hold the CITY harmless from.all claims for damages or liability arising from the alleged failure of the CITY to regulate vehicles or to provide protection hazards upon said driveway. e. Repair any portion of said driveway.that is damaged through the intention or negligent acts of said party, or parties, or his or their licenses and invitees. 3. It is understood and agreed by and,between the parties hereto that should the CITY accept tl sion of Rosita Street, (shown shaded in the City Street System, that this terminate as applied to said section tance by the City. -2- ie dedicationrof the exten- in blue on the attached map),, agreement. will cease and of roadway upon said accep- Y W X W t I 'J IL toa to tvidual ) STATE OF CALIFORNIA COUNTY OF San Luis Obispo SS. State, personally appeared Richard W . QTlite INSURANCE AND TRUST AMOR OOMPANY me, the undersigned, a Notary Public in and for said d Harriet Ross , known to me to be the person s whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. OFFICIAL. SEAL Radmilla Zivkovich NO-VARY PUBLIC — CALIFORN PRINCIPAL OFFICE IN SAN LUIS OBISPO COUNTY My commission Expires May 23, 1980 (This area for official notarial seal) tvidual ) el AND TRUST ANCE STATE OF CALIFORNIA AnCOR COMPANY COUNTXOF San Luis Obispo SS. On July 3 . 1978 before me, the undersigned, a Notary Public in and for said State, personally appeared Walter F Ross, Sally A. Ross, Glynn J, Warren and Eloise T. Warren W M , W 7 , known to me aW s a re subscribed te` to be the persons whose name to the within instrument and acknowledged that they a� executed the same ' WITNESS hand a d official she -alb C---- r . dm OFFICIAL SEAL Radmilla Zivkovich NOTARY PUBLIC — CALIFORNIA PRINCIPAL OFFICE IN F49,.MN LUIS OBISPO COUNTY My Commission Expires May 23, 1980 AWL 08 e pe PAGE 174 (This area for o „_ 4. Parties agree that these easements are superior and paramount to the rights of any of the parties in the respective servient estates so created, and that it is a covenant running with the land. DATE: J /"'g 8 ATTEST: C' e Approved as to form: WENDT, MITCHELL, SIN HEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes C OWNERS: a'4 Walter F. Ross �, 1 Sally /Ross Richard W. Ross Eloise T. Warren SAN LUIS OBISPO yor APPROVED AS TO CONTENT: -3- 4;a� City-Administrative Offi r Community De I elopmen V irector kML 87 PAGL .7 w ,InlM�.OPI� 1 r ' 1 r Ill -- i �' - — • r A�_ ' � / J � 7'. ----f 17. >: 1 Will 1.. d jj % c � • ---•rte , � r � 7 �. �{•... � ^i • 1 1 +.. to :n _'e, ; _..�.P��,7; �rj 7 - I4, • 'i t �t i� r �.1 15 LVOL2087 rAEE7 . r r, ,InlM�.OPI� 1 r ' 1 r Ill -- i �' - — • r A�_ ' � / J � 7'. ----f 17. >: 1 Will 1.. d jj % c � • ---•rte , � r � 7 �. �{•... � ^i • 1 1 +.. to :n _'e, ; _..�.P��,7; �rj 7 - I4, • 'i t �t i� r �.1 15 LVOL2087 rAEE7 � s C E R T I F I C A T E O F A C C E P T A N C E THIS IS TO CERTIFY that the interest in real property conveyed Agreement Creating by the Easement fnr Cnmmnn_nrivawaydated July I , 191L, from Walter F. Ross, Sally A. Ross, Richard W. Ross, Harriet Ross, and Glynn J. Warren and Eloise T. Warren to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: July 19, 1978 C By. ATTEST: J. itzpatrick, City Clerk OF SAN LUIS OBISPO 176 VOL 2OO7 PAGE E RESOLUTION NO. 3617 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS, OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WALTER F. ROSS, ET AL. FOR A COMMON ACCESS DRIVEWAY (CERRO ROMAULDO AVENUE AND ROSITA STREET). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Walter F. Ross, et al. for a common ar-cess driveway for property located at Cerro Romauldo Avenue and Rosita Street, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the.executed agreement approved by it to: Walter F. Ross, et al., and the City Community Development Department. On motion of Councilman Jorgensen , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of July , 19 78. ATTEST: v C er J.H. Fitzpatrick R 3617 VOL2087. PAGE 1771 Approved as to fo Approved as to content: Allen Grimes, City Attorney City.Adminstrative Of er Community De elopmenf,41irector END Of DOCUMENT LVOL2087 PAGE 1 19