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HomeMy WebLinkAboutD-1023 Agreement Regarding Common Driveway Recorded 08/23/1978RECOg NAME1 sTREe CITY o 1 t r • om No. X4070 OFFICIAL REWROB 0005po , SAN LUIS 081SP0 CO.. CAL. AUG23 1978 C4 WILLIAM E. ZIMARIK COUNTY RECORDER TwE , -y :.S-0 AGREEMENT RE REAL PROPERTY EASEMENT This Agreement, dated August-2., 19'78, for the v 0 convenience of the parties, is by and between Donald Walter (hereinafter "Grantor ") and Walter Brothers Construction, Inc., a: ;!California corporation (hereinafter "Grantee "). WITNESSETH WHEREAS, in a Grant of Easement recorded August.3, 1978, as Document No. 37136.at Vol. 2090, page 275 of the Official Records of the County of San Luis Obispo, California, Grantor executed a Grant of Easement to Grantee concerning the real property parcels of the parties described therein, all as authorized by the City of San Luis Obispo, California,.in connection with the development of Grantee's real property; and WHEREAS, the City requires assurances from the parties that the use and maintenance of said easement will conform to City rules and regulations, including the regulations for the control of "common driveways ". NOW, THEREFORE, in consideration of the aforesaid and the following mutual promises and covenants, the parties hereto agree as follows: 1. The provisions hereof shall apply to the ease- ment area described and depicted as Exhibit "C" to the Grant -1- �� �,Q 001095 PAGE 305 of Easement between the parties recorded August 3, 1978, as Document No. 37136, at Vol. 2090, page 275 of the Official Records of the County of San Luis Obispo, California. 2. Both parties agree to construct and maintain a driveway across said easement pursuant to the plans and speci- fications approved by the City in connection with the devel- opment of Grantee's real property. Although the parties may agree between themselves as to the sharing of the costs in- volved, each party shall be individually and solely respon- sible to the City for constructing and maintaining the drive- way easement to City standards, and each will do all acts necessary to maintain said easement and driveway_ for the purpose for which the same has been installed. 3. No vehicles shall be parked on said easement. The parties shall post signs approved by the City with the notice thereon that "parked vehicles shall be towed away at owner expense ". 4. Both parties further agree that they will be jointly and individually liable and shall reimburse the City of San Luis Obispo for all costs, charges and expenses incurred by said city for the removal of any vehicles parked wrongfully on said easement; and hold said city free and harmless from all final judgments against said city for damages or other liability arising from the enforcement of the said aforesaid -2- rq` prohibition against parking. 6. Both parties recognize, know and are aware, that the said city cannot regulate vehicle usage or hazards, upon a private easement, and they agree to, jointly and in- dividually, defend and hold said city harmless from any and all claims for damages or liability arising from the alleged failure of said city to regulate vehicles or to provide pro- tection from hazards upon said easement. 7. Both parties further agree that in the event the said above mentioned easements, or covenants shall ever be abandoned or dissolved, each parcel of property previously served by the easement shall be provided with a standard access driveway as may be required by the said city. 8. Both parties further agree that upon the,:,_ signed complaint of any owner or tenant, or apparent tenant, of any property served by the easement that any vehicle is parked upon the easement, the Police Department may order the removal of said vehicle in accordance with the tow away pro- cedures for vehicles on access roads for emergency vehicles. Both parties jointly and individually shall hold the said city harmless from claims arising from said removal. 9. This Agreement shall run with the land and shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties -3- ��� PAGE '3 07 hereto. IN WITNESS WHEREOF, the parties.hereto have executed this instrument the day and year first above written. Notarized: W M GRANTOR: p 5-0 D WALTER GRANTEE: WALTER BROTHERS CONSTRUCTION COMPANY, INC. By Vice -Pre ident By Secretary -4- 1 w 8 0 3 I 0 U I a a� c 00 b U • STATE OF CALIFORNIA COUNTY OF San Luis Obispo ss. On August 22, 1978 before me, the undersigned, a Notary Public in and for said State, personally appeared EVELYN WALTER , known to me to be the Vice — President, and DON C. WALTER known to me to be the Secretary of the Corporation that executed the within Instrument, known to me to be the ersons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a reso- lution of its board of direct s. WITN S y han a cial seal. Andrea L. Chiavaras NAME (TYPED OR PRINTED) �rulr ,eleer.¢�61G�Eii�ii�ifndRriW�i¢ �i�hel� _ ANDREA L. CHIAVARAS ° .b = NOTARY PUBLIC — CALIFORNIA C PRINCIPAL OFFICE IN SAN LUIS OBISPO COUNTY My Commission Expires July 27, 1979 STATE OF California COUNTY OF Sari Luis Obispo ANDREA L. cwAVARAS NOTARY PUBLIC — PRINCIPAL OFFICE IN SAN LUIS OBISPO COUNTY MY Commission Expires July 27, 1979. .eeeoae¢IIII➢11166 ➢1 ➢9,111 ➢➢11111 ➢➢1 ➢611 ➢Irrl ➢ ➢ll➢1�11 END OF DOCUMENT ss. ON August 22 19 78 before me the uyder�signed a Notary Public in and for said State, personally appeared DONAfD known to me, to be the person_ whose name_ is subscribed to the within Instrument, Ad acknowledged to me that —he_ executed the same. WITNESS my hand and official seal. Notary-Public in and for said State.