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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 n �f 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. -2- v�� `791'AQ 9'3 t 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 -3- 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