HomeMy WebLinkAboutD-2000B - Agreement Affecting Real Property - Filipponi Ecological Reserve.' tuqcsRff}rc.n$ftSffiffi ffi
t-"$tsT ^s&{E;g{cAH n'fi.n H{sunANCE ccrHpANT
8ffi.wNil$P,tsru?H{
Doc No: 2000-01g35g
Official Records
San Luis Obispo Co.Jul'ie L. Rodewald
RecorderApr 12, ZOO0Time: OB:0O
WHEN RECORDED MAIL TO:
City of San Luis Obispo
Attn: Natural ResourceS Manager
990 Palm Street
San Luis Obispo, CA 93401
Rpt No: 0O0Zb986
RF - 1 22.OO
22.OOI 6l ALOTT
APN:
AGREEMENT AFFECTING REAL PROPERTY
Preamble
Fqr.F
'HIDEffEa
ag6E
b$FEffrqxocaFXrrl
FAHEHSntsoH-;^dao:.itTag
Q(cal{9><i;txi#9;t>62fr
EEHI11 \J l& tD
3E?s
CR2Eiiu<tz<Fro=
Hesl
?ilH8r-HdtD
E? fi'g df&Efr{F
THIS AGREEMENT is made tihts lO day of 2000, by
and between HERBERT W. FILIPPONI and DIANE E.NI, Trustees of the
Filipponi Family Trust, dated December 4,1995, and aII successor Trustees, and JO
ANN DENBOW (hereinafter referred to as the "Owners"), and the CITY OF SAN
LUIS OBISPO, a Charter Municipal Corporation of the State of California
(hereinafter referred to as the "City.")
WHEREAS, the Owners are the owners of certain real property in the County
of San Luis Obispo, California, hereinafter referred to as the "Property," and
described and depicted in Exhibit "lt'' attached hereto and incorporated herein by
reference; and
WHEREAS, Owners and City entered into that certain Contingent Purchase
and SaIe Agreement, dated November 18, 1999; and
WHEREAS, Paragraph 6(0 of the above-referenced Agreement set forth a
requirement to meet and confer regarding certain improvements to the Property.
NOW THEREFORE, it is agreed as follows:
1. Requirement to Meet and Confer Regarding Certain Improvements on
the Property. Owners retain the right to construct a single family residence on the
property, together with outbuildings consistent with the zoning designation of the
property as of March 31, 2000,. and that such right is under the jurisdiction of the
County of San Luis Obispo. Owners agree, however, that any such construction shall
also be subject to the reasonable review of the City of San Luis Obispo. Owners
acknowledge the obligation to meet and confer with the City of San Luis Obispo,
represented by its Community Development Director, as to location, general size,
appearance, and configuration of buildings, and other reasonable matters of review.
The parties shall meet and confer in good faith to jointly review plans for such
construction by Owners prior to the time of submittal of such plans to the County of
1
9-,ZoA)B
San Luis Obispo, with the mutually agreed goal of minimizing the visual impact of
the development and preserving the rural character of the area. City of San Luis
Obispo agrees that it will not unreasonably or arbitrarily withhold comment, and
Owners agree that they will give good faith consideration to such comment, and that
such comment shall be reflected in submittals to the County of San Luis Obispo.
2. In the event of any controversy, claim, or dispute relating to this
Agreement, or the breach thereof, the prevailing party shall be entitled to recover
from the losing party reasonable expenses, attorney's fees, and costs.
3. This Agreement shall be binding on and shall inure to the benefi.t of the
heirs, executors, administrators, successors, and assigns and tenhnts of the parties
hereto.
4. This Agreement contains the entire agreement between the parties
relating to the rights herein granted and the obligations herein assumed. Any oral
representations or modifications concerning the Agreement shall be of no force and
effect except by a subsequent modifi.cation in writing, signed by the Party to be
charged, and recorded.
It is the intention of the parties that this Agreement be recorded.
This Agreement may be signed in counterparts
INWITNESS WHEREOF, the parties hereto have executed this Agreement
on the date first written above.
OWNERS
Herbert W. Filipponi and Diane E.
Filipponi, Trustees of the Filipponi
Family Trust, dated December 4, L995,
and all s ssor trustees
bert W
5
6
By
Diane E
2
Jo Denbow
CITY OF SAN LUIS OBISPO
unn
City ve Officer
APPROVED AS TO FORM:
3
GALIFORNIA ALL-PURPOSE AGKNOWLEDGMENT
State of
County of
On
Date
personally appeared
()before me,
Tltle of Oflicer (e.9., 'lane Doe,Public")
of
Srsonat ly known to me - OR - n proved to me on the basis of satisfactory evidence to be the person(s)
whose name@) is/a"resubscribed to the within instrument
and acknowledged to me that he/shdthey executed the
same i n h i s/h€{*h€ieauth o rized capacity(ies), an d th at by
h i s/herrltheirs i g natu reJs) o n the i n stru ment th e pe rson (9,
of which the ffi acted,
W
Signature ol Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fruudulent removal and reattachment of this form to another document.
Description of Attached nt
Title or Type of Document:
T.EPRICE
Cornmisdon *lZMl
ltolaytubfrc-Cdffi
Son lrjb Odspo Countt
MyCdr'fit Eeies l,Irltzl,M
or the entity upon behalf
executed the instrument.
Document Date:
Signe(s) Other Than Named Above
4
Claimed igner(s)
Number of Pages:l,'
Gapacity(ies
Signer's Name:
n lndividual
)
n Partner-n Limited n General
tr Attorney-in-Fact
n Trustee
[] Guardian or Conservator
n Other:
Signer ls Rep
Signer's Name
tr lndividual
n Corporate Officer
Title(s):
n Partner - tl Limited n Generaln Attorney-in-Fact
n Trustee
n Guardian or Conservator
n Other:
Signer ls Representing
Top of thumb here
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
@ 1994 Nalional Nolary Associalion . 8236 Remmet Ave., p.O. Box 7184 . Canoga park, CA 9i gO9-7.1S4 Prod. No.5907 Reorder: Call Toll-Free 1-800-876-6827
T AMERT
5 C}I
\q.4,
nersonallv known to me
-'k
SrATE oF OALIFoRNIA [.
COUNTY OF saura cnuz 1
On March 30, 2000 before me,J. Filice, Notary Public
personally appeared **JoAnn Denbow**
(or 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 instrumentthe
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Fv)t\)
Ohis area for olficial notarial sea0
Title Of DOCUment Agreement Affecting Real Properry
Date of Document No. of Pages
Other signatures not acknowledged
3{n8 (1194) (General)
First Amerftan Trtle lnsurance Company
#''*s\ J' FILICE
rfy'..*".l$X\ . C0MM. #110t6844
ijtr6-4$#?.';l Notary pubric-Caiiioinia
Kg;p ru,,',11,ofi,#i1j[,!fl ;;,,
s T AMERT
c}\9 fl
q..b
)
STATE OF CALIFORNIA
COUNTY OF
On
appeared
before me,s ft1',f}
personally known to me
(or 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 hisiher/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.
WITNESS my hand and official seal
Signature
(fhis area Ior offcial notarial seal)
Other signatures not acknowledged
No. of
Title of Document
Date of Document
3008 (1rS4) (Generaf
First Ameril:an Tille lnsurance CompanyEND OF DOCUMENT