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Home My WebLink AboutD-1853 James C. Bowers Recorded 12/30/2009JULIE RODEIN D • San Luis Obispo Cp— Clerk/Recorder Recorded at the request of First American Title Company RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401 -3218 HOC #: 2009071429 IF 12/30/2009 8:11 AM Titles: 1 Pages: 6 Fees 23:00 Taxes 0.00 Others 0.00 PAID S23.00 GRANT OF EASEMENT AND AGREEMENT FOR COMMON DRIVEWAY (One Easement, One Party) This agreement is entered into between the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION (hereinafter referred to as "City "), and James C. Bowers. Trustee or Successor Trustee of the James C.. Bowers Family Trust (hereinafter referred to as "Owner(s) "), 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: Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 30 SOUTH, RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OR PLATS OF THE SURVEY OF SAID LANDS RETURNED TO THE GENERAL LAND OFFICE BY THE SURVEYOR GENERAL, DESCRIBED AS FOLLOWS: BEGINNING AT A 3" BY 4" STAKE MARKED B -3 SET AT THE NORTHWEST CORNER OF BREED'S ADDITION AND RUNNING THENCE ALONG THE WESTERLY LINE OF SAID BREED'S ADDITION SOUTH 0 °07' EAST 303.30 FEET TO A 2" IRON PIPE SET AT THE INTERSECTION OF THE WEST LINE OF BREED'S ADDITION WITH THE SOUTH LINE OF A 40 FOOT ROAD; THENCE LEAVING SAID WEST LINE OF BREED'S ADDITION AND RUNNING NORTH 89 °14' WEST ALONG SAID SOUTH LINE OF SAID 40 FOOT ROAD, 55.00 FEET TO A 2" BY 2" STAKE, THE TRUE POINT OF `$EGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 89 °14' WEST 110.00 FEET TO A 2" BY 2" STAKE; THENCE LEAVING SAID SOUTH LINE OF SAID 40 FOOT ROAD SOUTH 0 °OT EAST 198.00 FEET TO A 2" BY 2" STAKE; THENCE SOUTH 89 °14' EAST, 110.00 FEET TO A 2" BY.2" STAKE, THENCE NORTH 0 °0T WEST, 198.00 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTHERLY 5 FEET OF SAID LAND AS CONVEYED TO THE CITY OF SAN LUIS OBISPO BY DEED RECORDED AUGUST 6, 1958, IN BOOK 952, AT PAGE 50 OF OFFICIAL RECORDS. APN: 052 - 031 -005 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. KA23522100 Bowers PM \Correspondence \agency \Final Map (Mylars) 12..22.09 \Common DW 1 party.doc 1853 Grant of Easement and Agreement for Common Driveway (One Easement, One Party) Page 2 The parties hereto agree as follows: 1. Owner hereby dedicates an easement for a common driveway_ over said property, as shown on Exhibit "B" [and on Parcel Map SLO.08 -0099 which is recorded concurrently herewith] for the use and benefit of all said. lots. 2. Owner and his heirs and assigns hereby agree to comply with the following terms and conditions: (a) The owner(s) of Parcels 1 and 2, 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) Owner(s) 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) Owner understands that the city cannot regulate vehicle usage or hazards upon said common access driveway and agrees 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 /her or their licensees and invitees. (f) Any affected property owner or tenant may avail himself of the vehicle - removing authority granted private property owners in Section 22658 of the California Vehicle Code when any vehicle is parked in the common_ access driveway so as to interfere with entry or access to a parcel it serves. (g) If this agreement is abandoned or dissolved, each lot previously served by the common access driveway shall be provided with standard access as required by the City Zoning Regulations. 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. 4. As required by the city, additional information is attached to this grant of easement and incorporated by reference as none (If none is required, write "none ".) • 1 0 Grant of Easement and Agreement for Common Driveway (One Easement, One Party) Page 3 Nanie Helen Smith, Successor Trustee for the James C. Bowers Family Trust U/T /A Dated May 30, 1989 Date izl2sal�� Date All signatures must be notarized Nr �DkI5j'4d'1 State of e#iforMe } r-ounbs of Q-P Obispo Ai EAST fttc"V Rang- PAR15h Nanie Helen Smith, Successor Trustee City of San Luig Obispo by: 9, before me, D 2/yl4 t'rh�cAl Notary Public, persdlially a0peared n/ jQ Abi #e-1,- &/ t) K; 7-6 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that (s)he executed the same in his /her capacity, and that by his /her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. AMA EdEIMANN NOTARY Public # 8898 COMMISSIONEd FOR LIFE Notary Public : Capacity claimed by sipner(s): (• ) individual(s) ( ) corporation () partnership () attorney -in -fact () political agency • • .Grant of Easement and Agreement for Common Driveway (One Easement, One Party) Page 4 State of California } County of San Luis Obispo } On t -Mb a- a 2009, before me, Notary Public, personally appeared t � -Z�'_-VO-so 1 who proved to me on the basis of satisfactory evi ence to be the person whose name is subscribed to the within instrument and acknowledged to me that (p1he executed the same in hisltt®r- capacity, and that by his/ signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .�... ELLENM.CZERWINSKI Comm. 01843888 Notary Public -California San Luis Obispo County otary Public Co mm. Expires Apr 10.2013 Capacity claimed by signer(s): ( ) individual(s) ( ) corporation () partnership () attorney -in -fact () political agency I G, ant of Easement and Agreement for Common Driveway (One Easement, One Party) Page 5 - -- -- -- _. Beneficiary's Consent to Grant of Easement and Agreement Bonaire Investments, a California General Partnership, is the Beneficiary under a Deed of Trust dated October 22, 2009, recorded October 22, 2009, as Instrument No. 2009- 059199 of Official Records., in the Office of the County Recorder of the County of San Luis Obispo, State of California. The Deed of Trust encumbers the real property described in the attached "GRANT OF EASEMENT AND AGREEMENT FOR COMMON DRIVEWAY" (The "Agreement "). As the Beneficiary of said Deed of Trust, Beneficiary hereby consents to the execution and recordation of the Agreement, and agrees that upon recordation of said Agreement, Trustee's and Beneficiary's interests in said real property shall be subordinate to the Agreem,e t. ry Date Beneficiary ALL SIGNATURES MUST BE NOTARIZED. State of California } County of San Luis Obispo } Onhoe-p;nr,be 1Q, 2009, before me, Notary Public, personally appeared I who proved tome on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that Ahe executed the same in hisAer-- capacity, and that by hisiber signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official ry Public �«;�� ELLEN M. CZERWINSKI _ COMM. 01843888 Notary Public -California San Luis Obispo County Comm. Expires Apr 10, 2013 Caaacity claimed by signer(s): ( ) individual(s) ( ) corporation () partnership () attorney -in -fact () political agency rh C%l 2'x 21' PUBLIC PEDESTRIAN FACCESS EASEMENT in N 89019'37" W 110.00- 41,531 - - - ----- T - - - - - - - - --------------I- -- - -I- LO I-- 5' WIDE PRIVATE UTILITY . . . . . . EASEMENT RESERVED FOR Z uJ Q THE BENEFIT OF PARCEL 2 LU 3' WIDE PRIVATE UTILITY EASEMENT RESERVED FOR THE BENEFIT OF PARCEL 2 co C14 1 1 10 z LU L UJ NI LU LU 0 PARCEL I I PRIVATE VEHICULAR & PEDESTRIAN INGRESS I & EGRESS EASEMENT RESERVED FOR THE BENEFIT OF PARCEL 2 PRIVATE VEHICULAR & PEDESTRIAN INGRESS '.'..I & EGRESS EASEMENT. RESERVED FOR THE BENEFIT OF PARCEL 1'.. 6' P.U.E. --i N 8901937" W 29.24' . . . . . . . . . . . ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N 89 °19'37" W 60. 00' O •i v � O 15.08' PARCEL INDICATES AREA OF EASEMENT FOR COMMON DRIVEWAY design professionals civil engineers * land surveyors • land planners 1998 santa barbara st • san luis obispo, ca 93401 ph: 805/549-8658 • email: eda@edainc.com N 8901 SCALE: 1 " =20' 20 6 io 40 EXHIBIT B COMMON DRIVEWAY AGREEMENT job. no. 2.3522.000 END OF DOCUMENT