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Home My WebLink AboutD-1006 Common Access Driveway Johnson Ave. Recorded 01/05/1978Recording Requested By: �• 08963 g�Q�Q,QQCARECR CITY OF 'SAN LUIS OBISPO When recorded please return to: CM era IM OMCE City of .San Lub Obispo RESOLUTION NO. 3474 (19-17 Series) P.O. Box 321. San Tmis 011i .q-po, CA 83401A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ROY D. NEWELL AND WILMA R. NEWELL FOR A COMMON ACCESS DRIVEWAY TO SERVE FOUR LOTS ON JOHNSON AVENUE. t ooc. No 614 OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL' JAN 51978 COMPARED WILLIAM E. ZIMARIK COUNTY RECORDER TIME g 0 : 5 5 AM BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" o and incorporated herein by reference, between the City of San Luis Obispo and Roy-D. Newell and Wilma R. Newell for a common access driveway to serve four lots on Johnson Avenue near Sidney Street, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Roy D. and Wilma R. Newell and the City Engineer. On motion of Councilman Petterson , seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and. Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of December , 1977. ATTEST: C „`per J;:.H- ;F tzpa.tnick A 1 006 G VOL 2030 PAGE 290 R 3474 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLEY City Attorney, By Allen Grimes e Approved as to content: City Administrative Offi r Community D velopm t Director VOL2038 PAGE 291 ors`., Recording Requested By: C`I'TY OF SAN LUIS OBISPO'ry`�� P When recorded please return to: 1 CM Ci mas OFFICE City �ot San Luis Obispo P.O. Box 321 San. Luis Obispo, CA 93403 AGREEMENT CREATING EASEMENT FOR COMMON DRIVEWAY This Agreement, between. the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter - referred to as "City ") and Roy D. Newell and Wilma R. Newell, husband and wife, (hereinafter referred to as "Owners "). WITNESSETH: WHEREAS; Owners have an interest, either as owners or incumbrancers, in the following described real property situated in the City.of San. Luis Obispo, County of San Luis Obispo, State of California, to wit: Parcels 1, 2, 3, and 4, Parcel Map SLO -77 -274, Being a subdivision of Parcels "C" & "D" Parcel Map SLOAL -76 -259 as recorded in Book 21, Page 26 of Parcel Maps and; WHEREAS, Owners desire to construct a residence on Parcels 1, 3, and 4 and; WHEREAS, City, as.a condition of said development, requires the creation of a common driveway easement to serve said Parcels 1, 2, 3, and 4, for the benefit of each of them, and for the benefit of Owners: NOW, THEREFORE, the parties hereto agree each with the other as follows: 1. Owners hereby dedicate an easement for a common driveway over Parcels 1, 2, 3, and 4 as described in the attached map designated as Exhibit "A" which is hereby incorporated in and made a part of this agreement. Said common driveway shall exist in favor of each of Parcels 1, 2, 3, and 4 as shown on said Exhibit "A ". 2. Owners hereby agree to comply with the following terms and conditions: -1- �VOL2038 PACE 292 W I ta .j a. TO 447 C (Individual) STATE OF CAYfORNIA COUNTY On before State, personally appewo SS. me, the undersigned, a Notary Public in and for said known to me to be the person_ whose name c4� /5;66�- subscribed to the within instrument and acknowledged tha executed th . sa e. WITNESS IPM C. R SS ha and official 1. S!L Signature My Commission E:pircz j',,,ril 7, ---------- Name (Typed or Printed) L VOL 2038 PAGE294 (This area for o.eial notarial seal) M LIMA 0 n i • • (1) Improve, maintain and keep in repair said driveway, on his or their property. (2) Prohibit all parking on the common access portions. (3) Agree, jointly and individually to reimburse the City of San Luis Obispo for all costs connected with 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. (4) Owners understand that the City cannot regulate vehicle usage 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. (S) Repair any portion of said driveway that is damaged through the intentional or negligent acts of said party, or parties, or his or their licenses and invitees. 3. 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. Date: Almt)VAaldzf NOTARY: OWNERS: Newe Wilma R. Newell -2- 6,VOL2038 PAGE 293 T W 2 �W h N 4 TO 449 C (Corporation) STATE OF CALIFORNIA COUNTY OF San Luis Obispo SS. 0 On January 3,. 19 78 before me, the undersigned, a Notary Public in and for said State, personally appeared KenneLn L. bcnwar known to me to be the Mayor known to me to be City Clerk SWRF&Vy of the known to me to be the per,E�j yx�elCUted the within Instrument on behalf of the �c �j�j$rrl�euuin named, and acknowledged to me that such �orpora ion a ted the within instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature Marilyn Perry Name (Typed or Printed) ir.VOL2038 and executed the within Instrument, . - - .. ................... MARILYN PERRY -� NOTARY PUBLIC — CALIFORNIA PRINCIPAL OFFICE IN SAN LUIS OBISPO COUNTY ___ MY Commission Expires JuIY 20, 1979 PAGE 296 (This area for official notarial seal) DATED: December 21, 1977 ATTEST: i trick, City Clerk Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LI Y City Attorney By W CITY OF SAN LUIS OBISPO fl _ -000 -- or Kenneth E. Schwartz Approved as to content: 5;k9�� City Administrate e Officer Communit Develo Anent Director -3- VOL 2038 PAGE 295 December 14, 1977 MEMORANDUM: City Council Agenda: December.20, 1977 TO Richard D. Miller, Adminis a Officer FROM: Dan Smith, Senior Planner SUBJECT: Common Driveway Agreement Minor Sub. No. 77 -274 2436 Johnson Avenue Attached herewith, is the resolution approving a common driveway agree- ment for the above minor subdivision. Ordinarily, such agreements are between property owners, however, it is necessary for the city to approve the driveway as a third party because one property owner owns all of the parcels. (a property owner cannot grant an easement to himself:) Minor subdivision no. 77 -274 was approved by the City Council on August 16, 1977. r Staff and Board of Adjustments recommend approval of the agreement DS:eop Attachment December 14, 1977 To City Council: Recommend approval. RDM:mp ll�4 1Tr a city of sAn leis oBispo CITY CLERK /TREASURER Post Office Box 321 - San Luis Obispo, CA 93406 - 805/541 -1000 r' January 11, 1978 Mr. & Mrs. Roy Newell 6018 Anneford Circle San Luis Obispo, CA 93401 Dear Mr. & Mrs. Newell: The City Council took action at their regular meeting of December 20, 1977 to•.approve Resolution No. 3474 (1977 Series), a resolution approving an agreement between the City and yourselves for a common access driveway to serve four lots on Johnson Avenue. Enclosed are fully executed copies of both Resolution No. 3474 and the agree- ment for your files. The agreement has been forwarded to the County Recorder for recording but has not been returned to us as of this date. Should you have further questions, please call. Sincerely, J.H. Fitzpatrick City Clerk pv Enclosures • . r C E R T I F I C A T E O F A C C E P T A N C E THIS IS TO CERTIFY that the interest in real property conveyed by the Common Driveway Agreement dated November 16 1977 , from Roy D. Newell and Wilma R. Newell, husband and wife to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: December 27, 1977 ATTEST: ENO Of DOCUMENT Fit patrick, City Clerk CITY OF SAN LUIS OBISPO By VOL2038 PAGE 298 EXHIBIT "A" IV ' 17G.- 'V /7G. 4?71'/ f. J -/ IrOHNS 0 . V 5 JT Q, R' ne -C-/ N rn 44 N I 62C11T S .5 er 77 c< A V EIVUE PAGE 297!�,,",' "s-zM0 Y 6,923 e-O PARCEL 2 /-f Z04 -f4> J I Nil /V Rif x./, �l -:r2 IV ' 17G.- 'V /7G. 4?71'/ f. J -/ IrOHNS 0 . V 5 JT Q, R' ne -C-/ N rn 44 N I 62C11T S .5 er 77 c< A V EIVUE PAGE 297!�,,",'