HomeMy WebLinkAboutD-2013 APN 003-721-027 Recorded 11.17.15°,ECORDING REQUESTED BY:
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WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Departm&0 3 0 2015
919 Palm Street
San Luis Obispo, CA 93401 -218
APN: 003 - 721 -027 and -052
4TL2 -170
TOMMY GONG
San Luis Obispo County— Clerk/Recorder
Recorded at the request of
First American Title Company
DOC #: 2015058529
ASK
11/17/2015
8:07 AM
Titles: 1
Pages: 4
Fees
23.00
Taxes
0.00
Others
7.00
PAID
$30.00
AGREEMENT TERMINATING EASEMENT FOR COMMON DRIVEWAY
This Agreement Terminating Easement for Common Driveway is entered into by and between
James B. Dummit and Theresa Dutra Dummit, Trustees of the Dummit Family Trust dated October 10, 2002,
( "Owner ") and the CITY OF SAN LUIS OBISPO, a California Municipal corporation and charter city (the
"City ").
Recitals
A. WHEREAS, Owner is the owner of certain real property located in the City of San Luis
Obispo, County of San Luis Obispo, State of California, commonly known as 2074 and 2104 Parker Street,
hereinafter referred to as the "Property ", and legally described as follows:
See Exhibit "A" attached hereto.
B. WHEREAS, as a condition of leasing commercial space in a building on the Property, City
required that the property owners at the time, Parker Street Krew and Krew II Partners (collectively "Knew "),
create a common driveway and parking easement to serve the Property.
C. WHEREAS, a "Grant of Easement for Common Driveway and Parking (One easement, One
Party)" was made by and between the City and Krew, which was recorded on April 2, 1992, in Book 3861
Pages 376 -378 of the Official Records of the County Recorder of San Luis Obispo County (the "Driveway
Easement "), pursuant to which Krew dedicated an easement for a common driveway and parking as described
therein.
D. WHEREAS, Owner has succeeded to all right, title and interest of Krew in and to the
Property.
E. WHEREAS, the Property has been merged into a single parcel for condominium purposes by
the recordation of Parcel Map SLO 13 -0039 in Book —TS of Parcel Maps Pages -' 4 to 3(v in the Office
of the County Recorder of said County.
F. WHEREAS, the access and parking easement as described in the Driveway Easement is no
longer needed to provide access and parking for the Property, and Owner desires to terminate said access and
parking easement, and the City approves of Owner's termination of said access and parking easement.
D -2d13
NOW THEREFORE, the parties hereto agree as follows:
1. The Driveway Easement is hereby terminated, released and extinguished. Any and all rights
of Owner in the Driveway Easement are terminated and shall be of no further force and effect.
2. This instrument shall be binding on and insure to the benefit of the heirs, executors,
administrators, successors and assigns of the parties, and is a covenant running with the land.
3. If any one or more of the provisions contained in this instrument are held to be invalid or
unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and
the intent manifested thereby shall be recognized.
4. Each individual executing this instrument on behalf of a party hereto, by his or her signature,
represents that he or she maintains full authority on behalf of the applicable party to execute this instrument,
and thereby bind the applicable party to all covenants, duties and obligations contained herein.
5. This instrument may be executed in any number of counterparts, each such counterpart being
deemed to be an original instrument, and all such counterparts shall together constitute the same agreement.
DUMMIT FAMILY TRUST
dated October 10, 2002
-� 1� z
— j,", Ja es B. Dummit Date
D
leresa Dutra Dummit Date
CITY OF SAN LUIS OBISPO,
a California Municipal corporation and charter city
Douglas G. D
Deputy Community Development Director
�a�ior A
Dietrick, City Attorney
Date
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On —N 6� , before me,
Date Name and TMe of the Offoer
personally appeared, �k Mn t•
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persorl(a whose nameW is /arg subscribed to the
within instrument and acknowledged to me that he /she /tom executed the same in his /her /tom authorized
capacityL% -jj and that by his /her /their signatures} on the instrument the persons , or the entity upon behalf of which
the personal 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. WENDI JEAN OE LEON
Commission # 2117218
WITNESS my hand and official seal -. Notary Public - California n
Z San Luis Obispo County
My Comm. Expires Jun 26, 2019 -kkk�A - — -W - Signature
UD)6 o Notary Public Place Notary Seal Above
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Luis Obispo
On Pov c �,ef 3a Zc �, before me, '-f liz,ls . %Qe�
Date Name a d Title of the Q er
personally appeared,
r
who proved to me on the basis of satisfactory evidence to be the person srwhose nar-neWis /ard'subscribed to the
within instrument and acknowledged to me that he /sihe /they executed the same in his /�erltj eir authorized
capacity(jes), and that by his /�erltheir signature on the instrument the persor)(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.
LAURIE L. THOMAS
Commission # 1966877
WITNESS my hand and official seal. -r� rt Notary Public - California
Z San Luis Obispo County n
My Comm. Expires Feb 14, 2016
Signature
Signature of Notary Public Place Notary Seal Above
E0 101t "A"
LEGAL DESCRIPTION
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows;
PARCEL 1: APN 003 - 721 -027
THAT PART OF LOTS 3 AND 4 IN BLOCK 152 AND A PORTION OF THE UNSUBDIVIDED PART OF
SAID BLOCK 152 OF J. HARFORD'S ADDITION TO THE CITY OF SAN LUIS OBISPO, IN THE CITY
OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,
ACCORDING TO MAP RECORDED MAY 8, 1876 IN BOOK A, PAGE 123 OF MAPS, AND AS PER
"CERTIFICATE OF COMPLIANCE" RECORDED JANUARY 31, 1983 IN BOOK 2461, PAGE 230 OF
OFFICIAL RECORDS, AND AS PER COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE
PARCEL RECORDED APRIL 8, 1999 AS INSTRUMENT NO: 1999 - 025289 OF OFFICIAL RECORDS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 152, AT THE INTERSECTION OF THE
WEST LINE OF BEEBEE STREET, 60 FEET WIDE AND THE NORTH LINE OF SOUTH STREET, 60
FEET WIDE; THENCE NORTH 89 °32' WEST ALONG SAID NORTH LINE OF SOUTH STREET 150.00
FEET TO A POINT; THENCE NORTH 0 058' EAST, 574.72 FEET TO THE TRUE POINT OF
BEGINNING, BEING THE SOUTHWEST CORNER OF LOT 7 OF THE RESUBDIVISION OF PART OF
SAID BLOCK 152, AS PER MAP RECORDED MAY 31, 1906 IN BOOK A, PAGE 122 OF MAPS;
THENCE FROM SAID TRUE POINT OF BEGINNING, NORTH 89 °32' WEST, 189.39 FEET TO A
POINT IN THE EASTERLY LINE OF A PROPOSED STREET 50 FEET WIDE; THENCE NORTH 7 032'
EAST ALONG THE EASTERLY LINE OF SAID PROPOSED STREET, 110.84 FEET TO A POINT;
THENCE SOUTH 89 032' EAST, 176.71 FEET TO A POINT IN THE WEST LINE OF LOT 5 OF THE
RESUBDIVIDED PART OF BLOCK 152 AS PER SAID MAP RECORDED IN BOOK A, PAGE 122 OF
MAPS; THENCE SOUTH 0 °58' WEST ALONG THE WEST LINE OF LOTS 5, 6 AND 7 OF SAID
RESUBDIVIDED PART OF SAID BLOCK, 110.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2: APN 003 - 721 -052
THAT PORTION OF LOT 4 IN BLOCK 152 AND A PART OF THE UNSUBDIVIDED PART OF SAID
BLOCK 152 OF J. HARFORD'S ADDITION TO THE CITY OF SAN LUIS OBISPO, IN THE CITY OF
SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING
TO MAP RECORDED MAY 8, 1876 IN BOOK A, PAGE 123 OF MAPS, AND AS PER "CERTIFICATE
OF COMPLIANCE" RECORDED JANUARY 31, 1983 IN BOOK 2461, PAGE 230 OF OFFICIAL
RECORDS, AND AS PER COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL
RECORDED APRIL 8, 1999 AS INSTRUMENT NO. 1999 - 025289 OF OFFICIAL RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 152, AT THE INTERSECTION OF THE
WEST LINE OF BEEBEE STREET, 60 FEET WIDE AND THE NORTH LINE OF SOUTH STREET, 60
FEET WIDE; THENCE NORTH 89 032' WEST ALONG SAID NORTH LINE OF SOUTH STREET 150.00
FEET TO A POINT; THENCE NORTH 0 058' EAST, 528.57 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 89 050' WEST, 194.95 FEET, THENCE NORTH 7 032' EAST, 48.67
FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN QUITCLAIM DEED TO
SANDOVAL COMPANY, A CORPORATION, DATED OCTOBER 2, 1956; THENCE SOUTH 89 032'
EAST ALONG THE SOUTH LINE OF THE LAND DESCRIBED IN SAID QUITCLAIM DEED, 189.39
FEET TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 0 °58' WEST, 46.15 FEET TO THE
TRUE POINT OF BEGINNING.
END OF DOCUMENT