HomeMy WebLinkAboutD-1023 Agreement Regarding Common Driveway Recorded 08/23/1978RECOg
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sTREe
CITY
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om No. X4070
OFFICIAL REWROB
0005po , SAN LUIS 081SP0 CO.. CAL.
AUG23 1978
C4 WILLIAM E. ZIMARIK
COUNTY RECORDER
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AGREEMENT RE REAL PROPERTY EASEMENT
This Agreement, dated August-2., 19'78, for the
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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
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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
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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
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hereto.
IN WITNESS WHEREOF, the parties.hereto have
executed this instrument the day and year first above
written.
Notarized:
W
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GRANTOR:
p
5-0 D WALTER
GRANTEE:
WALTER BROTHERS CONSTRUCTION
COMPANY, INC.
By
Vice -Pre ident
By
Secretary
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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.