HomeMy WebLinkAboutD-1034 Common Driveway Recorded 11/28/1978Recording Requested By:
'
c.ITY- 0f SAN LUIS OBISPO
When Recorded Please Return To:
CITY CLERK'S OFFICE
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93401
AGREEMENT CREATING EASEMENT FOR COMMON DRIVEWAY
CC �,
o A
O�� 0201 0 �C� 'rc
56049
L=. N0.
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAL
NOV 281978
WILLIAM E. ZIMARIK
COUNTY RECORDED
TIME 4 ® 3 0 PM
This Agreement, between THE CITY OF SAN LUIS OBISPO, a municipal
corporation (hereinafter referred to as "Ci.ty") and Tolosa Associates,
a general partnership, (hereinafter referred to as "Owners ").
WITNESSETH:
WHEREAS, Owners have an interest, either as owners or incumbrancers,
in the following described real property situated in the City of San Luis
Obispo, County of San Luis Obispo, State of California, to wit:
Parcels A and C, Tract 387, Phillips Syndicate Tract, (California Blvd.)
and;
WHEREAS, Owners desire to construct an office building on parcel A
and
WHEREAS, City, as a condition of said development, requires the
creation of a common driveway easement to serve said parcels A and C, 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 a common driveway over
Parcel C as described in 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 parcel A and
parcel C as shown on said Exhibit "A ".---
2 Owners hereby agree to comply with the following terms and
conditions:
-1- l VOL 2116 PAGE 942.
• TO 442 C
(Partnership)
t
W
R
W
a
W
J
IL
a
.F
STATE OF CALIFORNIA
COUNTY OF
SAN LUIS OBISPO SS.
On November 14, 1978
before me, the undersigned, a Notary Public in and for said State, personally appeared
B. V. McADAMS, JR., M.D.
to be One of the partners of the partnership
that executed the within instrument, and acknowledged to me
that such partnership executed the same.
WITNESS d and official
L
Signature
CAROLE R. McHUGH
Name (Typed or Printed)
O
to me
® o eotuoz euueoeeoeteeueeuue .eoeeeuneeeooennmeem S
I
CAROLE R. McHUGH °
—ci NOTARY PUBLIC — CALIFORNIA
;y: ' PRINCIPAL OFFICE IN
SAN LUIS OBISPO COUNTY
My Commission Expires March 20, 1979
oeeoeeeaeteeeeeueoeaouneee�eeeeeeeeooeeeeeeeeaneuu ®:
(1) Improve, maintain and keep in repair a driveway, on and over
the herein described easement.
(2) Prohibit all parking on the common access portions.
(3) 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
judgements against the City for damages or other liability
arising from the enforcement of the aforesaid prohibition
against parking.
(4) 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 for damages or liability arising
from the alleged failure of the City to regulate vehicles or
to provide protection from hazards upon said driveway.
(5) Repair any portion of said driveway that is damaged through
the i.ntenti,onal or negligent acts of said party, or parties,
or his or their licenses and invitees.
3. Parties agree that this easement is 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.
OWNERS: Tolosa Assoc' tes
t Date: �OV`
By:
NOTARY t J , Ill (-Ao A &-i
-2-
LVQL2116 PACE 943
ATTEST:
r.r n• !f _.
C ,.H�.' Fits
Approved as-to form:
CITY ATTORNEY
BY:
George Thatcher
rick
IT,Y OF SAN LUIS OBISPO
.R...�c� cam_
Or Kenneth E..
rtz C
Approved as to content:
Cit inicstratTvex Officer
A,k
Community. evelopm Director
-3- l YQI�� PAGE 945
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 Easement
by the For Common Driveway dated November 19 ,
1978 , from Tolosa Associates
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: November 22, 1978
CITY OF ,SAN LUIS OBISPO
By.
ATTEST:
J. itzpatrick Cty'"C1
Al
E. Schwartz, Mayor
:.VOL2116 PAGE 946
V
U
�0
z
r.AHIBIT"A'l
c
.QtfFQR 229 mss. ` NO
?I
r,
s
Ctp
1 " =1o&
PROPERTY DESCRIPTION
PROPOSED 2tl ACCESS
& UTILITY EASEMENT
VOL2116 MEW A
0
>- a
1-- a
z�
V
;ante riwdo�nra
I�
W
6
END OF DOCUMENT
S
R
N
O
b
O
VOL2116 PAGE 948