HomeMy WebLinkAboutD-1190 Tract 1181 Recorded 02/25/1985Recording Requested By:
(VOLNY INVESTMENT CO) sAftn' TITLE IRISURAIQCE Co.
and when recorded return to:
City Clerk
City of San Luis Obispo
P. 0. Box 8100
San Luis Obispo, CA 93403 -8100
DOC. l4h.. 466V-
OFFICIAL RECORDS'
SAN LUIS OBISPO CO., CA
FEB 2 5 198
FRANCIS M. COONEY
County Clerk- Recorder
TIME 8:00 AM
AGREEMENT CREATING EASEMENT FOR
COMMON DRIVEWAY
A.P.N. 52- 601 -01
7
2/23/652239 7
This Agreement is entered into between the CITY OF SAN
LUIS OBISPO, a Municipal Corporation (hereafter referred to
as "City ") and VOLNY INVESTMENT CO., A Partnership
(hereinafter referred to as "Owner ") with reference to the
following facts:
A. Owner owns the following described real property
situated in the City of San Luis Obispo, County of San Luis
Obispo, State of California, to wit: Lots 84, 85 and 86 of
Tract No. 1182, Recorded on F��Q in Book
Page .257 of Maps;
B. Owner desires to construct residences on each of
said lots; and,
C. City, as a condition of said development, requires
the creation of a common driveway easement to serve said
lots, for - -the. benefit of each of them, and for the benefit
of owner.
The parties hereto agree as follows:
1. This Agreement shali bind Owner, and, as to such
three Lots, its successors in interest and assigns,
hereafter referred to'as "Owners.
2. Owner hereby dedicates an easement for a common
driveway over portions of said property and as shown on such
Map for the use and benefit of all three Lots.
6.0L R
3.00 R
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3. Owner hereby agrees to comply with the following
terms and conditions:
(a) The Owners of Lots 84, 85 and 86, will be
jointly responsible--.to improve., maintain and keep in repair
said driveway;
(b) Owners will prohibit all parking on the
common access portions;.,..
(c) Owners agree,.jointly,and individually to
reimburse the City of San Luis Obispo for all costs
connected with the.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;
(d) Owners understand that the City cannot
-regulate vehicle or 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;
(e) Each Owner will repair any portion of said
driveway that is damaged through his intentional or
negligent acts or those of his licensees and invitees.
4. The parties agree that this Agreement and easement
are 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.
5. Owners agree to maintain the easement area
described in Documents 376.36 and 37637, recorded on July 17,
1984, in Vol. 2614, Pages 946 and 947, and that all the
terms of this Agreement shall apply to this area.
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6. Owners may remove any vehicle which is parked in
the common access driveway in such a fashion that it
interferes with access. Removal shall be done in accordance
with California Vehicle Code Section 2265P.
DATED: 1/21 , 1985 !O.WNER: -
VOLNY INS
By Volny Con
By:
n1-
STATE OF CALIFORNIA ) By:
)SS:
COUNTY OF SAN LUIS OBISPO)
COMPANY_ -?;,a -lim tea =partnersh
ction Inc: general partner
UY president
On u?anUan� 21 19 85, ;, before me, the
undersigned, a Notary Public, personally appeared
ARNOLD VOLNY; DIANA.M. VOLNY ,
personally known to me, or proved to me on the basis of
satisfactory evidence, to'be the person(s) who executed the
within instrument on behalf of the partnership, and.
acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
ZL
Notary Pub is
APPROVED: C G
City of San Luis Obispo
By: —�— �--�
Date:"Zl -�S
Ck.NX IOLIARD
E "TAR
Y MOLIC
RAN LUIS OBISPO CoU6VTY
y CAUFOR,NIA
�t�anrnlesbrt.ExQftes on Apt 26, 1986
STATE of CALIFORNIAN )
` COUNTY OF San LuiS ObiSpo } SS:.
e 0 0 "— - Febr118I9 22, 1965- ,'before me, the undersigned,
a a Notary :Public: in and for said! County and State; personally
m'
appeared Arnold A. Voini known to me to
g be: iana M. VO v
President and , known
o to me to be the Secretary of VO1TJ`Y
c Construction,, Inc. the corporation that
executed the within instrument and' known to me to be the persons
`o
who executed, the; within instrument on behalf of said corporation,.
o said corporation being known to me to be one of the partners of
4 Volny. ,Investment p9ppany the
D partnership that executed the within instrument, and acknowledged
w to me that such corporation executed the :same as such partner
_ , and that such partnership executed the same.
Name (Typed or Printed)
Notary - Public in and for said County and State
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END OF DOCUMENT
r'
FOR: NOTARY :SEAL. OR STAMP
Official Seal
DORIS M. EECKHOUT
m NOTARY PUBLIC - CAL: OANIA'
.a SAN :LkIIS 00ISPO COUNTY
I&I Commission Expires I
OCTOBER 25, 1986
VOL 2b "19 PA�E 9�4