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Home My WebLink AboutD-1371 3249 Broad Street Apn 004-601-023 Recorded 04/07/1992- - - - -- -Space Above this Line for Recorder's Use ------- APN 004 - 601 -023 3249 Broad Street ACCESS AND MAINTENANCE AGREEMENT AFFECTING REAL.PROPERTY FOR DRAINAGE PURPOSES THIS AGREEMENT is entered into this 31st day of Atarch , 1992, by and between the CITY OF SAN LUIS OBISPO ( "CITY "), a charter municipal corporation, and CHARLES MASSEY and VIVIAN P. MASSEY ( "MASSEY "), husband and wife, collectively referred to as the "Parties." IN CONSIDERATION of the mutual and respective covenants and promises set forth herein, and subject to all the terms and conditions hereof, the parties agree as follows: 1. Access. Massey hereby grants an unrestricted right of access to City to maintain a drainage course located at 3249 Broad street, San Luis Obispo, California, together with an unrestricted right of ingress and egress through the subject property for such maintenance purposes. City shall have the right to conduct routine cleaning of the channel of the drainage course to maintain drainage flows, with the right to make improvements. The location of the channel of the drainage course and related culvert is more particularly described in the attached EXHIBIT A, and shown . pictorially in the attached EXHIBIT B, and incorporated herein by reference. 2. Maintenance. The maintenance of the property, including but not limited to drainage course banks, slope protection, landscaping, and weed abatement, shall remain the responsibility of Massey. 3. Successors and Assigns. This agreement shall be binding on the heirs, executors, administrators, successors, agents, lessees and assigns of the Parties. . 4. Future Projects. The Parties acknowledge that an easement and /or improvements may be required as a condition of any future development or change of use on the property. 1 00 4 :00c"IBL D 1311 vnt_ ,]86JPAGA57 DOC. NO. 23®50 8 OFFICIAL RECORDS ' SAN LUIS OBISPO CO., CA Recording Requested by: CITY OF SAN LUIS OBISPO APR 0 7 1992 When Recorded Return to: CITY CLERK FRANCIS M. COONEY City of San Luis Obispo County Cleric - Recorder P.O. Box 8100 TIME 10 3 0 San Luis Obispo, CA 93403 -8100 • AM - - - - -- -Space Above this Line for Recorder's Use ------- APN 004 - 601 -023 3249 Broad Street ACCESS AND MAINTENANCE AGREEMENT AFFECTING REAL.PROPERTY FOR DRAINAGE PURPOSES THIS AGREEMENT is entered into this 31st day of Atarch , 1992, by and between the CITY OF SAN LUIS OBISPO ( "CITY "), a charter municipal corporation, and CHARLES MASSEY and VIVIAN P. MASSEY ( "MASSEY "), husband and wife, collectively referred to as the "Parties." IN CONSIDERATION of the mutual and respective covenants and promises set forth herein, and subject to all the terms and conditions hereof, the parties agree as follows: 1. Access. Massey hereby grants an unrestricted right of access to City to maintain a drainage course located at 3249 Broad street, San Luis Obispo, California, together with an unrestricted right of ingress and egress through the subject property for such maintenance purposes. City shall have the right to conduct routine cleaning of the channel of the drainage course to maintain drainage flows, with the right to make improvements. The location of the channel of the drainage course and related culvert is more particularly described in the attached EXHIBIT A, and shown . pictorially in the attached EXHIBIT B, and incorporated herein by reference. 2. Maintenance. The maintenance of the property, including but not limited to drainage course banks, slope protection, landscaping, and weed abatement, shall remain the responsibility of Massey. 3. Successors and Assigns. This agreement shall be binding on the heirs, executors, administrators, successors, agents, lessees and assigns of the Parties. . 4. Future Projects. The Parties acknowledge that an easement and /or improvements may be required as a condition of any future development or change of use on the property. 1 00 4 :00c"IBL D 1311 vnt_ ,]86JPAGA57 Government Code 27361.7 I certify under the penalty of perjury that the not seal -on the { document to which this statement is attached-reads as follows: Name of Notary Name of County _ min 1 Date Commission Expires Signature of person (firm name if any) making verification Datei��C/ Location City State of California VOL 3863,,,,459 i--------------------------------------- STATE OF CALIFORNIA I i I COUNTY OF SAN LUIS OBISPO. ss. On this 6th day f April I y p in the year 1992, before me Marilyn Cox I personally appeared Ron Dunin known to me to be Mayor of the City of San Luis ObisP4 and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that the City of San Luis Obispo executed the same. 'Cox / (SEAL) ��I �" Bc �ti" y "�° " ✓ 4 idr'a5d rr�� G LBeip�iaaii i��''!��•:,''S �::4i ��, -•�1 I Notary Publ c • Y' � A CiQfI �IaiiCCd F��1YE5 C1 i'JUtiGIf LCi !4, tcjM -------------------------------------- — ----- ! •STATE OF CE COUNTY OF ei On rp personally ap. a) d d to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within iz instrument and acknowledged to me that he /she /they executed the same in his /her/their authorized capacity(ies), and that by his /her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the CD person(s) acted, executed the instrument. Fe LAURIE A. WILLIS NOTARY PUBLIC WITNESS my and and offici a SAN LUIS OBISPO COUNTY CALIFORNIA `'' Signat My Commission Expires on Sept. 4, 1993 (This area for official notarial seal) 5. Recordation. Upon execution of this agreement CITY shall record it and be responsible for any recording costs. IN WITNESS WHEREOF the Parties have hereunto set their hands the day and year first entered above, at San Luis Obispo, Callfornia. ' CITY OF SAN LUIS OBISPO .ATT ST: `'Pam . Voges, Ci Clerk (Attach Notary Certificates Here) 2 t +. By: n Dunin 1m By By: `i�L2�'.C1iIi Vivian P. Massey un1 28fl,]v8A, 8 3249 Broad Street EXHIBIT "A" DESCRIPTION OF DRAINAGE CHANNEL (INCLUDING 18 -INCH CMP CULVERT) BEGINNING, at a point on the Northwesterly line of lot 20 of the Yoakum Poultry Unit tract, City of San Luis Obispo, County of San Luis Obispo, State of California, as recorded March 11, 1927 in book 3 page 89 of Maps, in the Office of the County Recorder of said County, said line having a bearing of North 57 031' East, said corner being the most northwesterly corner of that parcel of land conveyed to Charles Massey and Vivian P. Massey by deed dated March 27, 1984, and recorded in volume 2578 of Official Records at page 450; THENCE, South 32 029' East along the Southwesterly line of said parcel of land 14 feet to a point on said line, said point being the TRUE POINT OF BEGINNING; THENCE, leaving said Southwesterly line South 64 055' East 161.13 feet, more or less, to the Southeasterly line of lot 22 of said Yoakum Poultry Unit Tract, thence along the Southeasterly line of said lot 22, 17.77 feet; thence North 64 055' West 84 feet; thence South 570 31' West 23.60 feet, more or less, to a point on the Westerly line of said parcel of land conveyed to Charles and Vivian P. Massey; thence North 32 029' West 15 feet along said line; thence North 57 031' East 14.06 feet; thence North 64 055' West 26.22 feet, more or less, to said westerly line of the land conveyed to Charles and Vivian P. Massey; thence along said line 27.97 feet, more or less, to the TRUE POINT OF BEGINNING. hb3 /massey -dese by VOL 3863PAGA60 Of 0cp• o CD .o m O II =� cl ca PC .nom s z aGa ~� rj Q 79 cl CCt v V —4 00 O CS 'O '� O Q' v;c� Ica« =� a A CS cs CA 1o� END OF DOCUMENT v0L 3863Per,A1