HomeMy WebLinkAboutD-1189 Tract 1181 Recorded 02/25/19850
Recording Requested By:
SAFECO TITLE INSURANCE CO.
VOLNY INVESTMENT CO.
and when recorded return to:
City Clerk
City of San Luis Obispo
P. 0. Box 8100
San Luis Obispo, CA 93403 -8100
DOC r
OFFICIAL RECORDS
SAN LUIS 0131500 CO., CA
F E"6 2"5 1985
FRANCIS M. COONEY
County Clerk- Recorder
TIME 8:00 AM
AGREEMENT CREATING EASEMENT FOR
COMMON DRIVEWAY
A.P.N. 52- 601 -01
This Agreement is entered into between the CITY OF SAN
LUIS OBISPO, a Municipal Corporation (hereafter referred to
as "City ") and VOLNY INVESTMENT CO., A Partnership
(hereinafter referred to as "Owner ") with reference to the
following facts:
A. Owner owns the following described real property
situated in the City of San Luis Obispo, County of San Luis
Obispo, State of California, to wit: Lots 79, 80 and 81 of
Tract No. .1182, Recorded on e,JT.S JQ.$�' , in Book
7
Page of Maps; -"
B. Owner desires to construct residences on each of
said lots; and,
C. City, as a condition.of said development, requires
the creation of a common driveway easement to serve said
lots, for the benefit 'of each of them, and for the benefit
of owner.
The parties hereto agree as follows:
1. This Agreement shall bind Owner, and, as to such
three Lots, its successors in interest and assigns,
hereafter referred to as "Owners."
2. Owner hereby dedicates an easement for a common
driveway over portions of said property and as shown on such
Map for the use and benefit of all three Lots.
-1-
7
k
1'
6.00 RF
3.00 PF
�.03ST°i 1
VOL 2 6 79 Pka 929
3. Owner hereby agrees to comply with the following
terms and conditions:
(a) The Owners of Lots 79, 80 and 81, will be
jointly responsible to - improve, maintain and keep in repair
said driveway;
(b) Owners will prohibit all parking on the
common access portions;
(c) Owners agree jointly and individually to
reimburse the City of San Luis Obispo for all costs
connected with the 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 or 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 from hazards upon
said driveway;
(e) Each Owner will repair any portion of said
driveway that is damaged through his intentional or
negligent acts or those of his licensees and invitees.
4. The parties agree that this Agreement and easement
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.
5. Owners may remove any vehicle which is parked in
the common access driveway in such a fashion that it
-2-
vot 2679 PAu 930
o,
n
C 0i
d
am`
e '
m
`o
L
O
m
e
i
0
d
`o
U
t
7 a
H
U
m
STATE OF CALIFORNIA l
COUNTY OF Juan_ uis ah'I4p0 } SS.
On FerIlBrY 22.1985 , before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared Arnold A. VOlny known to me to
be the President, and Diana M. VOlny known
to me to be the Secretary of VOlny
_Construction, Inc. , the corporation that
executed the within instrument and known to me to be the persons
who executed the within instrument on behalf of said corporation,
said corporation being known to me to be one of the partners of
Volny Investment Company , the
partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as such partner
and that such partnership executed the same.
Name (Typed or Printed)
Notary Public in and for said County and State
—7®
� r
FOR NOTARY SEAL OR STAMP
Official Seal
DORIS M. EECKHOUT
.o . NOTARY PUBLIC - CALitlldNIA;j
SAN L191S OBISPO COUNTY 1
My Commission E=owes
OCTOBER 25, 1986
interferes with access.
•
Removal shall be done in accordance
with California Vehicle Code Section 2265P.
DATED: 1 21 , 19 85 .
STATE OF CALIFORNIA )
)ss:
COUNTY OF SAN LUIS OBISPO)
OWNER:
VOLNY INV STMEN COMPANY ;, a limited partnershi]
By Volny Construc 1 ;Inc. general partner
By:
ARNOLDAV , President
DIZUa M. VO ecretary
On January 21 , 19 85 before me, the
undersigned, a Notary Public, personally appeared
ARNOLD VOLNY DIANA M. VOLNY ,
personally known to me, or proved to me on the basis of
satisfactory evidence, to be the person(s) who executed the
within instrument on behalf of the partnership, and
acknowledged to me that the partnership executed it.
WITNESS my hand and official seal':'
Notary Puric
APPROVED:
' CDU1�T1'
City of San Luis Obispo,
By. )
l 1 $MY PDtIARti
Date :7 -24 g 5 WPM PUBUC
so uns OSPO COUNTY
CAMANIA
'. " I 8WAA on APFH X96
CRC
E,rl® QFvU UMNT