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Home My WebLink AboutD-1558 Lot 16 - Tract 2248 - 076-421-019 Recorded 07/07/1997- 7,RW7 , jDoc No: 1997- 034905 Rec No: 00045273! - FORP -,.Official--Records ; RF 25.00 San s�Obispo Co. Julie L. Rodewald Gi't1GA4� ��`,`� J Recorder RECORDING REQUESTED BY and Jul 07, 19 9 7 WHEN RECORDED MAIL TO: Time: 08:00 [ 71 City Clerk City of San Luis Obispo 990 Palm San Luis Obispo, CA 93401 TOTAL 25.00 APN 076- 421 -019 AGREEMENT AND EASEMENT FOR MAINTENANCE O OF DRAINAGE BASINS AND STRUCTURES. This agreement is entered into between the CITY OF SAN LUIS OBISPO, a municipal Corporation (hereinafter refereed to as City) and Kelly V. Gearhart, (hereinafter refereed to as Owner) with reference to the following facts: A. The 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: Lot 16 of Tract 2248, in the City of San Luis Obispo, State of California according to map recorded in book_ of maps, page I8 ,Office of the County Recorder of said County. B.- Owner owns and operates a commercial enterprise on said Lot 16. Lot 16 contains a privately owned and maintained storm water detention basin and appurtenant storm water conveyance channels and structures constructed within a private drainage easement which will accept and convey storm water runoff from El Capitan Way and all lots in Tract 2248. C. City as a condition of said residential development, requires the creation of a drainage maintenance agreement to serve said Lot 16 for the benefit of the City and the Owner. The parties hereto agree as follows: 1. Owner and his heirs successors, and assigns hereby agree to comply with the following terms and conditions. (a) The owner of Lot 16, his heirs, successors and assigns will be responsible to improve, maintain and keep in repair said storm water detention basin and storm water conveyance channels and structures to the satisfaction of the Public Works Director. b) Owner agrees that if the drainage facility covered by the agreement is not repaired within 30 days of written notification by the Public Works Director that a b iss8 deficiency exists, the City may exercise its option to make the necessary repairs and recover full cost and expense, including reasonable attorney's fees from the property owner or in the alternative to lien the property, at city's sole option.. (c) Use of Property - Indemnification. Owner hereby agrees to defend, indemnify, protect and hold the City and its agents, officers, and employees harmless from and against any claims asserted or liability established for damages or injuries to any person or property occurring on the Property which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the City with respect to operation of a detention basin and related private facilities and all expenses of investigation and defending against same; provided, however, that owners duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole active negligence or willful misconduct of the City, its agents, officers, or employees. 2. The parties agree that this agreement and 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. PROPERTY OWNER(s): S 77 4igknatuF Date Kelly Gearhart Lenders consent to easment 6205 Alcantra Partial subordination. OR 5166,5167, 5178, Atascadero, CA 93422 Feb. 3, 1997 5FE 1+rr,�¢o Chicago Title Company CHICAGO TITLE COMPANY �N e OfA ce Name Office s A n c ;A Ca (T William R. Betz, Ai • Ir_:I � ssst. V.P. APPROVED: City of San uis Obispo Al en Settle, Mayor 950301 /recordel APPROVED AS TO CONTENT Alw." /)Q4, G- Jo en , Ci Attorney (SIGNATURES MUST BE NOTARIZED) CALIFORNIA ALL- PURPOS CKNOWLEDGMENT State of z'e�l County of • -'so(��s� --� On -7 before me, Date Name 41nd Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared - 7 7��/ C •-�-� Name(s) of Signer(s) 54 rsonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by I�Ze Z CINDY PILG his /her /their signature(s) on the instrument the person(s), Commission # 1o9t390 or the entity upon behalf of which the person(s) acted, -� NotaryPubIIc — ca(Ifornia executed the instrument. San Luis Obispo County My Comm. Exptes Mar 17.20m . WITNESS my hand and official seal. S52! _ ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: z 3 �f-7 3 Document. Date: / Number of Pages: 1� --��/ � y/ � ��- +'s-'�Ev /'r> i / I�� .fir'• � Signer(s) Other Than Named Above: OFS,• /�� Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee _ ❑ Guardian or Conservator Cri- Other: Grp y 'ter- Top of thumb here Signer Is Representing. Sig_ner's Name: ❑ IndiJ�ual ❑ Corpor a Officer Title(s): Partner - Attomey -in -F Trustee Guardian or t Other: Signer Is Representing: ❑ General Top of thumb here 0 1995 National Notary Association •8236 Renimet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 CALIFORNIA ALL- PURPOSACKNOWLEDGMENT State of G,e,l 1,4:;��J' County of 4s..i ms On before me, 4 r-m =iV F Qc Date Nam and Title of Officer (e.g., "Jane Doe, Notary Pub c ") personally appeared ex-1 Name(s) of Signer(s) Iiij ersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personA whose name)$Mc�V subscribed to the within instrument and acknowledged to me thaw /Ny executed the same itg�/tt%ir authorized capacity(DO), and that by /4*ir signatureQj on the instrument the,persong, CINDYPILG or the entity upon behalf of which the personpQ acted, Commission.....390 executed the instrument. 9 Notary Pubk — Cdit. I San Lids Oblspo County MYCorrkrn. &Oes Afar 17 2MD WITNESS my hand and official seal. • Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: °'y49 _7_7 Number of Pages: ..3 Signer(s) Other Than Named Above: _ _ Capacity(ies) Claimed by Signer(s) Signer's Name: j0-4 �-�^� G• �� -� ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee _ ❑ Guardian or Conservator R—Other: mss.. Top of thumb here Signer Is Representing: oio�sf� ner's Name: ❑ In dual ❑ Corp to Officer c Title(s): Partner — Attorney -in -I Trustee Guardian or Other: Limited ❑ General Signer Is Representing: 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder.. Call Toll -Free 1 -800- 876 -6827 0 0 SUBORDINATION Trustee's Consent to Agreement and Easement CHICAGO TITLE_ COMPANY is a Trustee under Deed of Trust dated 2/13 199 executedby KELLY V. GEARHART ,recorded 2/28/97 as Instrument Number(s) 1997- 9820 - ofOfficialRecordsirithe `Office.of the County Recorder of the County of San Luis Obispo, State of California. The deed of Trust encumbers the real property described in the attached AG(LffHf.y?- A/U I)WArvf?,gyc8, 24The . "Agreement "). As the beneficiary of said Deed of Trust, Trustee hereby consents to the execution and recordation of the Agreement, and agrees that upon recordation of said Agreement, Trustee's and Beneficiary's interests in said real property shall be subordinate to the Agreement. SUBORDINATION Beneficiary's Consent to Agreement and Easement is a Beneficiary under Deed of Trust dated 3 1997 executed by t , recorded a a ,�� as Instrument Number(s) o 0 9 of Official Records, in the Office of the County Recorder of the County of San Luis Obispo, State of California. The deed of Trust encumbers the real property described in th e attached'A oayr rAvr Fee /r Aw -r-af R&/,- &jy,4 'e- Srx- e,crrAr -C " (The "Agreement"). As the beneficiary of said Deed of Trust, we (she, he) hereby consents to the execution and recordation of the Agreement, and agrees that upon recordation of said Agreement, Beneficiary's interests in said real property shall be subordinate to the Agreement. NOTARY ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO) On MAY 15, 1997 before me., the undersigned, a Notary Public in and for said State, personally appeared KELLY V. GEARHART personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within 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 person(s) acted, executed the instrument. WITNESS my hand and official .seal. JACKIE LERNO (3'_ COMM. #1130493 m m ® NOTARY PUBLIC-CALIFORNIA 03 d ' PHINCIPAL OFFICE IN 3) m SAN LUIS OBISPO COUNTY -+ F aw My Commission F%P' May 11, 2001 Signature 1'( V i t NOTARY ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) COUNTY OF SAN LUIS OBISPO) On MAY 15, 1997 before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES H. MILLER, JR. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /herltheir.signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. *MY JACKIE LERNO NOTARY PUBLIC-CALIFORNIA al PRINCIPAL OFFICE IN 33 Cammisle�onEExp MaOUNT 00' Signature- �''�GG� vf'� STATE OF CALIFORNIA, I S.S. COUNTY OF San Luis -0bispo On May 16, 1997 , before me, a Notary Public appeared William R. Betz personally known to me Ijf 1000 11af /"/bfi th�f/ l��> �i +$l /dV /daltldfbbiddy/ /dJdktu6b� to be the person(.9) whose name($) is /*h subscribed to the within instrument and acknowledged to me that he /sM/ hhj executed the same in hisdafr/tW authorized capacity(i¢sr), and that by his /bfdr /ftk signature(ej on the instrument the person(d), or the entity upon behalf of .which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature c= (SPIE ZAKARTA STATE OF CALIFORNIA, COUNTY OF On appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within 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 person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature TE 160 Legal (2 -94) I S.S. Sue Zakaria in and for said County and State, personally FOR NOTARY SEAL OR STAMP SUE ZAKARIA ' Co+nm. #1130485 ® Notary Public M California y SAN LUIS OBISPO COUNTY My Cwm. Expires Kar. 20. 2001 before me, a Notary Public in and for said County and State, personally FOR NOTARY SEAL OR STAMP This form is furnished by Chica EN�3 OF Company