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HomeMy WebLinkAboutD-1950 APN: 004-961-085 - 1309 Richard Street Recorded 07/24/2013RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401 -3218 JULIA R0DEW1M San Luts Obispo Co Clerk/Recorder Recorded at the request of Public Doc #: 2013043548 AM 7/24/2013 11:33 AM Titles: 1 Pages: 18 Fees 65.00 Taxes 0.00 Others 7.00 PAID $72.00 GRANT OF EASEMENT AND AGREEMENT FOR COMMON DRIVEWAY 1309 Richard Street - APN. 004 - 961 -085 (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 LAUREL LANE INVESTMENTS, LLC (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 Califomia, to wit: Parcels 2 and 3 per Agreement — Declaration of Lot Line Adjustment, LLA 47 -13 (SLO AL #13 -0027) recorded JuI,T2 4 , 2013 as Doc # 2013- O `435-V7 B. City, as a condition of said Lot Line Adjustment, requires the creation of a common driveway easement to serve said parcels, for the benefit of each of them. The parties hereto agree as follows: 1. Owner hereby dedicates an easement for a common driveway over said property, as described and shown on Exhibits "A" and "B ", respectively, for the use and benefit of all said parcels. 2. Owner and his heirs and assigns hereby agree to comply with the following terms and conditions: (a) The owner(s) of Parcels 2 and 3, 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. dl6i� Grant of Easement and Agreement for Common Driveway (One Easement, One Party) Page 2. (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 parcel previously served by the common access driveway shall be provided with standard access as required by the City Subdivision 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. 13 Date Laurel Lane Investments, LLC, a California Limited Liability Company by: Patrick Aurignac, Manager 7 (1h (13 'A Date City of SarYLuis Obis o by: 1t) uals a. _o All signatures must be notarized State of California } County of San Luis Obispo) On 20 Lj before me, Notary Public, personal y appeared. 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 he executed the same in his 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. KAREN S. WALTH WITNESS m hand and official seal. Commission # 1962155.. Y Notary Public - CaliforNa� San Luis Obispo CNIft Mv Comm. MIMS On 28, 2015 ignature of Notary Public Place Notary Seal Above State of California } County of San Luis Obispo) On 203 before me, e_ L. 1/uA%&s , Notary Public, personally peared p e LA-4 i" a. b A-,� &% d s who proved to me on the basis of satisfactory evidedde to be the person whose name is subscribed to the within instrument and acknowledged to me that JAhe executed the same in hislhW capacity, and that by his /Jir 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. LAURIE L. THOMAS ldcxbhh Cwwdselon # 1966677 WITNESS my hand and official seal. Notary Public - California WSan Luis Obispo County r 0 Comm. E Tres Feb 14 016 Erignafture of Notary Public Place Notary Seal Above Beneficiaries Consent to Grant of Easement and Agreement Dale E Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992, James R Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994, Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100, Paul C. Bunker and Diana G. Bunker, Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan and Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 are the Beneficiaries under Deed of Trust dated December 15, 2012, recorded December 28, 2012 as Instrument Number 2012076715 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 Agreement. Date Beneficiary: Dale E erling a June K. Oestering, Trustee" the Oest ling Family Trust dated June 19, 1992 Date Beneficiary: James R Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994 Date Beneficiary: Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100 Date Beneficiary: Paul C. Bunker and Diana G. Bunker Date Beneficiary: Charles L Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan Date Beneficiary: Marie Bise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 ALL SIGNATURES MUST BE NOTARIZED 0 S State of California ) County of gAa"01 On '33 .vg, W 2ot3 , before me, V-4Ao.A � - F*''2n'*W*A , Notary Public, personally appeared, Dale E. Oesterling and June K. Oesterling who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),Ware subscribed to the within instrument and acknowledged to me that hdWe/they executed the same in Ais`1,terltheir authorized capacity(ies), and that by DWrttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 RYAN KEITH BURNHAM Commission 1 19483&1 Signatu Notary Public - Calitorata Santa Barbara County Comm. E as Au 28 M5 State of California County of On , before me, , Notary Public, personally appeared, James R. Hall and Carol F. Hall who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/herAheir authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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: Signature State of California County of On , before me, ' Notary Public, is personally appeared, Polycomp Trust Company who proved to me on the bas of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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: Signature Beneficiaries Consent to Grant of Easement and Agreement Dale E Oesterling and June K. Oestering, Trustees of the Oesterling Family Trust dated June 19, 1992, James R Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994, Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100, Paul C. Bunker and Diana G. Bunker, Charles L Senn, Trustee of the Charles L Senn Realtor Profit Sharing Plan and Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 are the Beneficiaries under Deed of Trust dated December 15, 2012, recorded December 28, 2012 as Instrument Number 2012076715 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 Agreement. Date Beneficiary: Dale E Oestering and June K. Oesteriing, Trustees o e Oestering Family Trust dated June 19, 1992 Date Benefif*ry: James R Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994 Date Beneficiary: 'Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100 Date Beneficiary: Paul C. Bunker and Diana G. Bunker Date Beneficiary: Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan Date Beneficiary: Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 ALL SIGNATURES MUST BE NOTARIZED • 0 State of California County of On , before me, , Notary Public, personally appeared, Dale E Oesterlina and June K. Oestertin4 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal: Signature State of Cajifom. i Qbl S Z) County of � k ( J2 IVA �l�/� Notary Public, On ll� , before me, personally appeared, James R. Hall a o proved to me on the basis of satisfactory evidence to be the persod%L whose nameftis/aos - subscribed to the within instrument and acknowledged to me that he/y executed the same in heir - authorized capacity(ies)-,-and that by hisAw/their signature on the instrument the person), or the entity upon behalf of which the person(", executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragrap4 true qndcorrect. MY Sig State of California County of coMM. #2001526 Notary Public • California San Luis Obispo County On , before me, , Notary Public, personally appeared, F#olvcoma Trust Company who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) aged, executed the inshiiment. I certify under PENALTY OF PERJURY under the laws of the State of Cafrfomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal: Signature ESCROW NO.: 012194TITLE OPER NO.: ACKNOWLEDGMENT State of California County of San Luis Obispo IOn June 25, 2013 before me, N Delphenich JA Notary Public personally appeared Carol F. Hall 0 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 she executed the same in her authorized capacity, and that by 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. IWI" Sig @my N. DELPHENICH COMM. #2001526 z No tary Public • California o San Luis Obispo County Comm. E ires Dec. Z0, 2016 (Seal) r • Beneficiaries Consent to Grant of Easement and Agreement Dale E Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992, James R Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994, Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100, Paul C. Bunker and Diana G. Bunker, Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan and Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 1 -5, 2005 are the Beneficiaries under Deed of Trust dated December 15, 2012, recorded December 28, 2012 as Instrument Number 2012076715 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 Agreement. Date Beneficiary: Dale E Oesterling and June K. Oesteriing, Trustees of the Oesterling Family Trust dated June 19, 1992 Date Beneficiary: James R Hall and Carol'F. Hall Trustees of the Hall Living Trust dated April 12, 1994 Date /Be ' iciary: yco p Trust Company, - -- -- j Custodian FBO James C. Buttery IRA #PBJ1100 Date Beneficiary: Paul C. Bunker and Diana G. Bunker Date Beneficiary: Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan Date Beneficiary: Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 ALL SIGNATURES MUST BE NOTARIZED UALIFUKN1A ALL-PURPOSE CERTIFICA* OF ACKNOWLEDGMENT State of California County of On -I'I before me, (Here insert name and title of the officer) personally appeared L who proved to me on the basis of satisfactory evidence persons) whose nam*entity bscribed to the within ' ant and ac ledged to me that executed the same ' uthorized capaci ,and that by ignature(s�� the instrument the perso , or the upon behalf of which the peiso*J'actl d, ex 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. Z z Signature ofNotary Public 1A6 MELISSA K. COOK Commission # 1861281 Notary Public - California D Los Angeles County My Comm. Expires Aug 15, 2013 ADDI'T'IONAL OPTIONAL. INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or description of a ched document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800473 -9865 www.NotaryClasses.cona INSTRUCTIONS FOR COMPLETING THIS FORM Any ad—kdg wd conpkied in nwa contain verbiage exactly at appears above in the notary section or a sepmate aabrowledgment form asst be properly completed and aMu*ed to that docronent Tire a* enception is if a doctmrent is to be mcm*d oadde of California In malt hwaxes, any alternative ackwwledgmeru verbiage as may be painted on such a dommm m Irrr{q as the verbuV dues not regime the notary to do sanedit that it i leged for a astray in CaVwnia (Le canto S due a &-&zed mPaciti' of the sipw)• Prue check the document can frilly for proper notarial wwft and attaaii d& form if negadred • State and County infiormation must be the State and County where the document signer(s) personally appeared before the notary public for admowledgment • Date of notarization must be the daft that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public most pry his or her name as it appears within his or bar commission followed by a comma and then your title (notary public). • Print the name(s) of does— signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off imwnect forms (i.e. lrershe/they, is / are) or circling the correct forms. Fadiae to correctly indicate this information may lead to rejection of document recording. • The notary seat impression must be clear and photographically reproducible. Impression must not cover too or lines. If seal impression smudges, re-seal if a sufficient area perry ft otherwise complete a differwt acknowledgment form. • Signature of the notary public must match the signabae on file with the office of the county clerk O Additional information is not required but could help to ensure this admowledgment is not misused or attached to a different document O Indicate tide or type of attached document; number of pages and date. A indicate the capacdy claimed by the signer. If the chimed capacity is a ompia officer, indicate the title (Le. CEO, CFO, secretary). • Securely attach this document to the signed document 0 Beneficiaries Consent to Grant of Easement and Agreement Dale E Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992, James R Hall and Carol. F. Hall, Trustees of the Hall Living Trust dated April 12, 1994, Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100, Paul C. Bunker and Diana G. Bunker, Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan and Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 are the Beneficiaries under Deed of Trust dated December 15, 2012, recorded December 28, 2012 as Instrument Number 2012076715 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 Agreement. Date Beneficiary: Dale E Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992 Date Beneficiary: James R Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994 Date Beneficiary: Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100 Date Beneficiary: I C. Bunker and Diana G. Bunker Date Beneficiary: Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan Date Beneficiary: Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 ALL SIGNATURES MUST BE NOTARIZED • • State of California } County of Soh Luis 0 b fa } ff�� A�11-- __rr_ On �J'SAK 2e ?_013 , before me, L iom ,vI &� 11 Z-,1'll%h , Notary Public, personally appeared, Paul C. Bunker and Diana G. Bunker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that heishe /they executed the same in his, a /their authorized capacity(ies), and that by 4is,4�er /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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: Sign re State of California County of �+ DIANE MADELYN ENOS \ COMM. # 1917199 ,n NOTARY PUBLIC - CALIFORNIA N SAN LUIS OBISPO COUNTY MY Con. EcP. JUNE 1, 2016 On , before me, , Notary Public, personally appeared, Charles L. Senn 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 he executed the same in his authorized 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: Signature State of California County of On , before me, , Notary Public, personally appeared, Marie Elise Pope 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 she executed the same in her authorized capacity, and that by 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: Signature 0 Beneficiaries Consent to Grant of Easement and Agreement Dale E Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992, James R Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994, Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100, Paul C. Bunker and Diana G. Bunker, Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan and Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 are the Beneficiaries under Deed of Trust dated December 15, 2012, recorded 'December 28, 2012 as Instrument Number 2012076715 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 Agreement. Date Beneficiary: Dale E Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992 Date Beneficiary: James R Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994 Date Beneficiary: Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100 Date Beneficiary: Paul C. Bunker and Diana G. Bunker 15 3 e Beneficiary: Charles L`'1;e n, Trustee of the Charles L. Senn Realtor Profit Sh ing Plan Date Beneficiary: Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 ALL SIGNATURES MUST BE NOTARIZED State of California County of 11 On , before me, , Notary Public, personally appeared, Paul C. Bunker and Diana G. Bunker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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: Signature CHART. KAS M10 State of Gali#e -ia m . W g� } NCTARY Rem, 9TATE of Ml OOUNTY CF CHI WINA County of WOOMMIB M Aug X19 ACnNG IN oal' %E.. On- t,��,� 13 ,before me0, t (�5 L germ ,Notary Public, personally ' appeared, Charles L. Senn 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 he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Ala. I certify under PENALTY OF PERJURY under the laws of the State of • that the foregoing paragraph is true and correct. WITNESS my hand and official seal: Sig nature 2LI Pr-j State of California County of On , before me, . Notary Public, personally appeared, Marie Elise Pope 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 she executed the same in her authorized capacity, and that by 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: Signature • Beneficiaries Consent to Grant of Easement and Agreement Dale E Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992, James R Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994, Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100, Paul C. Bunker and Diana G. Bunker, Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan and Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 are the Beneficiaries under Deed of Trust dated December 15, 2012, recorded December 28, 2012 as Instrument Number 20.12076715 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 Agreement. Date Beneficiary: Dale E Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992 Date Beneficiary: James R Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994 Date Beneficiary: Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100 Date Beneficiary: Paul C. Bunker and Diana G. Bunker Date Beneficiary: Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan -� -�3 o Date Beneficiary: Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 ALL SIGNATURES MUST BE NOTARIZED • State of California County of On , before me, , Notary Public, personally appeared, Paul C. Bunker and Diana G. Bunker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his/herttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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: Signature State of California County of On , before me, , Notary Public, personally appeared, Charles L Senn 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 he executed the same in his authorized 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: Signature State of Califomi Q County of -S� kvl S �S On ' I 0% , before me ► l �• i /�� �o�% Notary Public, personally a red, Marie Elise Pboe 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 she executed the same in her authorized capacity, and that by 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 d ici I seal: Signature VICKI S. BROWN n y COMM. #1865511 2 e NOTARY PUBLIC CALIFORNIA m. SAN LUIS OBISPO COUNTY rn My Comm. Expires SEPT. 23, -:013 EXHIBIT "A" Legal Description for Common Driveway Easement L1 6/4/13 CF That portion of Parcel 2 of Parcel Map SLO -91 -023, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded September 5, 1991 in Book 48 at Page 63 of Parcel Maps, in the office of the County Recorder of said County, more particularly described as follows: Beginning at an angle point in the northerly line of said Parcel 2, said point being on a 74.00 foot radius curve, concave northerly, in the south line of Richard Street through which a radial line bears South 36'24'16" East; thence southwesterly along said curve an are length of 35.49 feet through a central angle of 27 °28'46" to a point on a line parallel with and distant southwesterly 35.00 feet measured at right angles from said northerly line; thence along said parallel line South 27 °59'34" East 16.18 feet to a point on a line parallel with and distant southwesterly 20.00 feet measured at right angles from said northerly line; thence along said parallel line South 58°21'52" East 66.36 feet; thence South 13°21'52" East 29.72 feet; thence North 38 °51' 12" East 41.34 feet to an angle point in said northerly line; thence along said northerly line North 58121'52" West 57.48 feet to an angle point in said northerly line; thence along said northerly line North 27 °59'34" West 33.08 feet to the point of beginning. Containing: 2,536 square feet more or less LAND Legal Description prepared by or under the Supervision of J .Z% t Jj NO. 8356 �* 7 /10( N q of cpol Cristi E. Fry L.S. 8356 Page 1 of 1 \ \THAS&RV\Vau1t\J0M11.00618\Lepl Descriptions \618 Common Driveway Easement.doc • • RiCh,A�O 6 NORTHERLY LINE OF PARCEL 2, PM SL 91 -023 A--2728'46" P.O.B. R= 74.00' S27'5934� 16.18' i FUTURE PROPERTY UNE 3 PER LLA 47 -13 3 FUTURE PARCEL 1 LLA 47 -13 EXHIBIT "B b COMMON DRIVEWAY EASEMENT V�� — COMMON DRI VEWA Y EASEMENT BETWEEN OWNERS OF 1309 & 1311 RICHARD STREET PER .3219 0. R. 307 N27`59'34 "W 33.08' NORTH£RL Y L /NE OF PARCEL 2, PM SL 91 -023 COMMON DR/VEWA Y EASEMENT SLOAL8-22 � 58 LS FUTURE al PARCEL 2 LLA 47 -13 ' R . PARCEL 1. PARCEL 2 to §1 48 PM/63 s 8' RESIDEN77AL DRIVEWAY EASEMENT APPURTENANT TO 1309 RICHARD STREET PER 3064 O.R. 386 FUTURE_ PARCEL 3 LLA, 47 -13 . ,.,-LAND 6 s 0. 8356 T F OF CAL\ -7 /( Of t3 END OF DOCUMENT t h GRAPHIC SCALE O 0 15 30 trind/WMffi ML �p y 555 ehorro et. suite o1 S SAN LUIS 091SPO, eo 93405 () 544 -8908 []g FEET ) phone tax (805905) 544 -8932 Q- 0—ma9 .1.9thalno.aom i inch = 30 ft. 8' RESIDEN77AL DRIVEWAY EASEMENT APPURTENANT TO 1309 RICHARD STREET PER 3064 O.R. 386 FUTURE_ PARCEL 3 LLA, 47 -13 . ,.,-LAND 6 s 0. 8356 T F OF CAL\ -7 /( Of t3 END OF DOCUMENT