HomeMy WebLinkAboutD-1084 Driveway Easement Parcel Map 79-223 Recorded 04/24/1980Recgrding Requested By:
'CITY'OF SAN LUIS OBISPO
When Recorded Please Return to:
CITY CLERIrS OFFICE
City of San Luis Obispo
P.O. Box 381
Son Luis Obispo, CA 83401
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OFFICIAL RECORDS
SAN LUIS OBISPO CO., GAL
APR 2 4 1980
WILLIAM E. ZIMARIK
COUNTY RECORDER
TIME g 0 5 AM
AGREEMENT CREATING EASEMENT FOR COMMON DRIVEWAY
THIS AGREEMENT, between the CITY OF SAN LUIS OBISPO, a
municipal corporation (hereinafter referred to as '.'CITY ") and JOHN E. KING,
J. EDMUND SMITH, CLIFF BRANCH (hereinafter referred to as "OWNERS ") .
WITNESSETH :
WHEREAS, OWNERS have an interest, either as owner or encumbrances,
in the following. described real property situated in the City of San Luis Obispo,
County of San Luis Obispo, State of California, to wit:
A common access driveway easement over the southerly 30 feet
of Parcel 2 in favor of Parcel 1 of Parcel Map SLO 79 -223
WHEREAS, CITY, as a condition of said development, requires the
creation of a common driveway easement to serve said Parcel 1 from Parcel 2
for the benefit of Parcel I...
NOW, THEREFORE, the parties hereto agree each with the other as
follows,:
1. OWNERS hereby dedicate an easement for a common driveway over
Parcel 2 as described in the attached map designated as Exhibit "A", which is
hereby incorporated in and made a part of this agreement. Said common drive-
way shall exist in favor of Parcel 1 as shown on said Exhibit "A ".
2. OWNERS and future owners hereby agree to comply with the following
terms and conditions:
a. To equally participate in the improvement, maintenance,
and repair of said driveway.
b. Prohibit all parking on the common access portions.
c. 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
judgements against the CITY for damages or other liability
arising from the enforcement of the aforesaid., prohibition
against parking. F`" X�
von 2236PAGE 542
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d. 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 hazards upon said driveway.
e. Repair any portion of said driveway that is damaged through
the intention 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 9 OWNERS: NEW WDra INVESTMENTS,
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STATE OF CALIFORNIA
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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 Agreement-Creating Easement for Common Driveway
dated April 9 , 1980, from John E. King,
J. Edmund Smith and Cliff Branch
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: April 23, 1980
CITY OF SAN LUIS OBISPO
B �
Mayo Pro -Tem Ronald Dunin
ATTEST:
Fitzpatrick, City Clerk
em of M VOL 2236PIGE 545