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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 • 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 • -2- 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, a gen partnership Ili /:/ i /.J l I STATE OF CALIFORNIA CL COUNTY OF San Luis 0 lb 1s o On April 9, 1980 U , before m said State, personally me, the undersigned, a Notary Cliff Bran�heared�Qhn_`y F� y Public in and for E Q known to me to be " --the partners of the a that executed the within instrument and acknowledged tormerrhep NEW WORLD INVESTMENTS v such partnership executed the same. a O7 WITNESS JrmtnmttmottttmmttmN °fNnrt" t° prtrrtttrrirrrttnununnn lunuunnnemuulmta S m Y hand official a tot _ OFFICIAL SEAL c I-OuISE R. VENTRESCA ,o Signatu r r �' NC L'Rr PU r '�' -IC CA! r ; RN1A P?iNC;PA - � E _ I in MY Commis unnnuni '1 °OUauuummmu51Ofl'uEnp11uemmN NOV. 2unnrmnnuulwtm![ I ov. 27, I981 Name (Typed or Printed) (This area for official notarial seal) I I I VOL 2236PIGE 543 • �IV,, I!9!4X3 •n0 � 1 Z ' Any 02 Jr o a •n0 � 1 Z ' Any 02 o a � a t .I yd NO tao� y N n tk ph V .n v i 04 M c. n rl e, PKI V i udu I!Q!LIX3 � � O yF v •iJ• J' J ./i a S m o' i N 0 �- '7 v RDERS MEMO' R REPRODUCTION DUE TO LITY OF ORIGINAL DOCUMENT. VOL 2236PAGE 544 Any 02 � a 2 � NO tao� V \ i udu I!Q!LIX3 � � O yF v •iJ• J' J ./i a S m o' i N 0 �- '7 v RDERS MEMO' R REPRODUCTION DUE TO LITY OF ORIGINAL DOCUMENT. VOL 2236PAGE 544 L , 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