HomeMy WebLinkAboutD-1216 Tract 940 Recorded 09/13/1985DOC. �3 ®�0
NO.
OFFICIALAECOADS
SAN LUIS OBISPO, CO., CA
Recording Requested By: SEP 1 3 1985
44w 'fitRST kMey i FRANCIS M. COONEY
When Recorded, Mail To-.
County Clerk - Recorder
City Engineer TV` 8.00 AM
City of San Luis Obispo
Post Office Box 8100
San Luis Obispo, California 934C3 -8100
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7.00FAT
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AGREEMENT CREATING AN EASEMENT FOR A COMMON DRIVEWAY
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This Agreement is entered.into between the CITY OF SAN LUIS OBISPO,
a Municipal Corporation, hereinafter referred to as "CITY" and
ANTHONY WOLFE and SUZANNE D. WOLFE, hereinafter referred to as
"OWNER" with reference to the following facts:
A. The Owner holds title to the real property described as
Lots 3 and 4 of Tract 940 situated in the City of San Luis
Obispo, County of San Luis Obispo, State of California.
B. The Owner and /or his assignees desires to construct
residences on said lots within said Tract, and,
C. The.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. The Owner hereby dedicates an easement for a common
driveway over said property and as shown on Map of Tract
940 for the use and benefit of each said lots.
2. The Owner and his heirs, and assigns hereby agree to
comply with the following terms and conditions:
(a) The owners of Lots 3 and 4, their heirs and
assigns will be jointly responsible to improve,
maintain, and keep in repair said driveway.
(b) 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 judgements
against the City for damages or other liability
arising from the enforcement of the aforesaid
prohibition against parking.
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(d) Owner understands that,the City cannot regulate
vehicle useage 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) Repair any portion of said driveway that is damaged
through the intentional or negligent acts of said
party, or parties, or his or their licensees and
invitees.
3. The 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.
Dated: h t'Z'- ��,
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN LUIS OBISPO)
Owner
Anthony Wolfe
i
Suzanad D. Wolfe
On -;2 ,1985, before me, the undersigned, a Notary
Publite in and for said County and State, personally appeared
Anthony Wolfe and Suzanne D. Wolfe, known to me to be the persons
who executed the within instrument.
APPROVED: City of San Luis Obispo
MELANIE C. gILLIG
SHERRY WARREN
NOTARY PUBLIC
y� SAN LUIS OBISPO COUNTY
CALIFORNIA
] y commission Expires on Decemper 2i, 1987
ATTE T',-
D to : September 3, 1985 CI f�ERKc,. "AMEL-191 OGE e ,
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END OF DOCUMENT VOL 2749FAGE 66
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