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HomeMy WebLinkAboutD-1431 Apn 52-601-04 Recorded 09/21/1995RECORDING REQUESTED BAND WHEN RECORDED RETURN TO: City of San Luis Obispo Community Development Department P.O. Box 8100 (990 Palm Street San Luis Obispo, CA 93403 -8100 Doc No: 15 .j5- 042540 Official Records San Luis Obispo Co Julie L. Rodewald Recorder Sep 21, 1995 Time: 08:00 [ 51 Rec No: 00047792 NF ;TOTAL APN 52- 601 -04 GRANT OF EASEMENT AND AGREEMENT FOR COIV MON DRIVEWAY D EX�ti1 ?7 OUT 1,)F (One Easement, One Party) FILED FEE PAID 0.00 E This agreement is entered into between the CITY OF SAN LUIS OBISPO A MUNICIPAL CORPORATION (hereinafter referred to as "City "), and ' wA 141HI AND ELIZABETH FERRINI KATSARIS (hereinafter referred to as "Owner(s) "), 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: (legal description) : Parcels 1 2 and 3 of Parcel Map SL094 -072 rescoRpso 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. Owner hereby dedicates an easement for a common driveway over said property, as shown on Exhibit "A" for the use and benefit of all of all said lots. 2. Owner and his heirs and assigns hereby agree to comply with the following terms and conditions: (a) The owner(s) of Lots 1, 2, 3 , their heirs and assigns will be jointly responsible to improve, maintain and keep in repair, said driveway. (b) Prohibit all parking on the common access portions. (c) Owner(s) 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 judgements against the city for damages or other liability arising from the enforcement of the aforesaid prohibition against parking. D / 43 / Grant of Easement and Agreement for Common Driveway (One Easement, One Parry) Page 2 (d) Owner understands that the city cannot regulate vehicle usage or hazards upon said common access driveway and agrees 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) Repair any portion of said driveway that is damaged through the intentional or negligent acts of said party, or parties, or his /her or their licensees and invitees. 3. The 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. 4. As required by the city, additional information is attached to this grant of easement and incorporated by reference as "NONE" (if none is required, write "none ".) DATE ��z31 q5 DATE DATE DATE State of California } County of San Luis Obispo } OWNER= FELTON A. "�RRINI, Trustee of the Felton A. Ferrini Living Trust dated March 23, 1990 and all Successor Trustees. OWNER - MATTHEW F. F5RRINI Obispo -Rej Ler On LLGLC -.T 01� , 19 S , before me, `i i1 u�- I�A�2SLC� p Notaryyuu6lic, persona y appear w . , F� Ni personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose name is /a{s subscribed tot the within instrument and acknowledged to me that (s)he /they executed the same in his /be;/their capacity(ies), and that by his /la"eir signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and offic' I s ,..mat. Mel andee g Keni t2 N Comm. #1012607 e Notary California Public Notary Public � � SAN LUIS OBISPO COUNTY NY Cmn. Exni res rl—&.- 26. 1997.. Capacity claimed by signer(j: ( ) Individual(s) ( ) corporation ( )partnership ( )attorney -in -fact ( )political agency E1964 \esmtdeed.wps Grant of Easement and Agreement for Common Driveway (One Easement, One Party) Page 3 State of California } County o f. } c.®gtt tse //_ On 6 v s-r 23 , 19 fs— , before me, 4N"t/&s Notary Public, personally appeared E ;7 ;jw_,ejA1 ,Ypersonally known to me or ( ) proved to me on the asps of satisfactory evidence to be the person(s) whose name is /are subscribed to the within instrument and acknowledged to me that (s)he /they executed the same in his /her /their capacity(ies), and that by his/her heir signature(s) on the instrument the person(s) or the entity upon behalf of whic the person acted, executed the instrument. Witness my hand and official seal. -�; HANES ®. MA ,-; COMM. 01104209-4 NOTARY PUBLIC - CALIFORNIA � COLUSA COUNTY Q a te :•, My Comm. Exp. Oct: 9, 1998 Notary Public Capacity claimed by signer(s): Individual'(s) ( ) 'corporation ( )partnership ( )attorney -in -fact ( )political agency State of California } County of } &vS� ( On edsT 23 19 before me, 4V V,,zS Notary Pubric, personally appeared EuZ9 j ;;�Jw,N; 4rsaors , persona y known to me or ( ) proved to me on the o sa is ac ory evi ence to be the person(s) whose name is /are subscribed to the within instrument and acknowledged to me that (s)he /they executed the same in his /her /their capacity(ies), and that by his /her their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. Witne s my han and official seal. s HANNES D. MACE COMM. 01042094 H' `l NOTARY PUBLIC- CALIFORNIA COLUSA COUNTY 1E Notary Public MVC� .�_9 4998 Capacity claimed by si na er(s): Rindividual(s) ( ) corporation ( )partnership ( )attorney -in -fact ( )political agency E1964 \esmtdeed.wps John Work 7305 San Palo Atascadero, CA 93422 DATE DESCRIPTION August 10, 1995 INVOICE: FILE NO: E2092 PROJECT: Review CDF Road Requirements See Also E2085 UNIT/ HOURS RATE AMOUNT SUBTOTAL TOTAL $ 0.00 $ 0.00 a Grant of Easement and A6-�eement for Common Driveway (One Easement, One Party) Page 4 y State of California } County of San Luis Obispo } On C_; g Q�Q yshq r 199 before me, _NQ YIQ.. Notary Public, personally appeared LObi rpand ,_( personally known to me or ( ) proved to me on the basis of satisfactory evidence to be the��ers n(O whose nam is subscribed to the within Instrument and acknowledged to me that n the /VM executed the same mF _.__ /their capacity), and that by (91 /her�#eir signature(s) on''tl�ie Instrument the person(s) or We entity upon behalf of which the person acted, executed the instrument. Wiriness my hand and official seal. OFFICIAL SEAL DIANE R. STUART n J11� 5 NOTARY PUBLIC- CALIFORINA to LNo Public y COMMISSION p�� MY CM n n &q May 28.1997 Capacity claimed by signer(s): ( ) individual(g) , ( ) corporation () partnership () attorney -in -fact N C political agency OPEN SPACE REMAIN, -,R N 55' 12' 55' W 59.75 OPEN SPACE REMAINDER N PARCEL 2 2.65 ACRES GROSS 2.33 ACRES NET w~ EASEMENT PARCEL B \ ACCESS ROAD AND I� WATER LINE EASEMENT by NN R = 50.00 \ \1 A = 61* 01, oc' L = 53.26 1 R =47.00 N 01' 21' 25 W p = 59' 30' 15 PARCEL 3 61.83 10 15' L = 48.81 w 1.96 ACRES R = 50.00 0 = 37 25' 39" L =32.88 N 38' 47' 04 W \ \ 53.07 R = 47.00 A= 120' 21' 12" L = 139.74 N 25' 11' 35" E 47.00 Radial N 33' 49' 16"W 33.12 - N 84. 04' 47' W fao e. N 89' 09' Og' E 1 N 0 30 60 90 120 180 SCALE: 1 "= 100' END Of DOCUMENT SOUTH 40.00 - N 36' 40' 01" W 55.07 R = 40.00 0 = 73 12' 4T L = 61.11 CALC FROM R -3 R = 40.00 A - 35' 39' 32" _ L = 24.89 PER R -3 E; R 155.00 0 = 33' 46' 15" L = 91.36 PER R -3 S 66' 51' 20" 45.12 R -3 a EXHIBIT A pg. \bb' PARCEL 1 1.47 ACRES m o CD N EASEMENT PARCEL A a R = 47.00 A = 857 24' 45" L = 70.08 N 29. 55' 32' W 67.95 R = 213.00 A = 25' 14' 20' 4� 60 L = 93.83 600 26n' ti w + m °o N 04' 41' 03 W 28.55 P N 31' 25' 58" W 40.00 Radial N 26 51' 37 E 40.00 Radial R = 40.00 A = 57 17' 32' L = 40.00 FD MON IN WELL PER 6 MAPS 9 2g, N 20' 52' 15" E 8.20 R -3 R = 125.00 0 = 20' 57' 35" Q PER R-3 45.73 Aq N 0' 05' 20" W 90.05 R -3 C5