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Home My WebLink AboutD-1947 Parcel 1 & 2 of Parcel Map SLO 10-0119, Book 76 of Parcel Maps pgs 65-66 Recorded 07/25/2013RECORDING REQUESTED Mary Aguiniga PO Box 1044 Los Alamos, CA 93440 WHEN RECORDED RETURN TO: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401 -3218 JULIE RODEIN San Luis Obispo County— Cierk/Recorder Recorded at the request of First American Title Company DOC #: 2013043661 KT 7/25/2013 8:02 AM Titles: 2 Pages: 5 Fees 40.00 Taxes 0.00 Others 7.00 PAID $47.00 DECLARATION ESTABLISHING SHARED SEWER LATERAL AND COMMON LANDSCAPE AREA USE AND MAINTENANCE AGREEMENT WHEREAS, Declarants are the owners of Parcel 1 & 2 of Parcel Map SLO 10 -0119 in the City of San Luis Obispo, County of San Luis Obispo, State of California, as recorded in Book -7to of Parcel Maps Pages in the office of the County recorder of said County; and WHEREAS, each of the parcels will utilize a shared sewer lateral to service its individual parcel; and WHEREAS, each of the parcels will utilize a shared common landscape area; and WHEREAS, Declarant intends by this document to execute a shared sewer lateral and common landscape area use and maintenance agreement for the benefit of each of the individual owners of the parcels.. NOW THEREFORE, Declarant hereby declares that Parcels 1 and 2 inclusive, as shown on Parcel Map SLO 10 -0119 shall be held, sold, leased, mortgaged, encumbered, rented, used, occupied, improved and conveyed subject to the following agreement, which shall run with the real property and be binding on Declarants and their successors and assigns, on all parties have or acquiring right, title or interest in or to the described property or any party thereof, their heirs, successors and assigns., and shall inure to the benefit of each owner thereof. 1. Owner hereby dedicates an easement for a common landscape and private sewer easement over said property, as shown on Parcel Map SLO 10 -0119 which is recorded concurrently herewith for the use and benefit 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 Parcels -1-and 2, their heirs and assigns will be jointly responsible to improve, maintain and keep in repair, said landscape easement. • • Page 2 (b) The owner(s) of Parcels 1 and 2, their heirs and assigns will be jointly responsible to maintain and keep in repair the common sewer lateral. (c) Repair any portion of said landscaping that is damaged through the intentional or negligent acts of said party, or parties, or his /her or their licensees and invitees. (d) Repair any portion of said common sewer lateral that is damaged through the intentional or negligent acts of said party, or parties, or his /her or their licensees and invitees. (e) If this agreement is abandoned or dissolved, each lot previously served by the common sewer lateral shall be provided with an individual sewer lateral as required by the City Regulations. 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. Z- Date Date Owner Print Name Owner MA RK F . WcULZO: Print Name Date City of San Luis Obispo by: D o �►,gla -s Cam. �a�r� dso n All signatures must be notarized 0 Page 3 State of California } County of San Luis Obispo) GT 201?, before , f U 1 5V�— M . --� +, Notary Public, personally appeared Ls3 i S U - "fay 1v1ina %; t' *" E. F��in�gA. who proved to me on the basis of satisfactory evidence to be t e person whose— me is subscribed to the within instrument and acknowledged to me that (s)he executed the same in his /her capacity, and that by his /her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. a��_ 6, 7/11 '::�Jxu&_ Signature of Notary Public State of California } County of San Luis Obispo) 3 rjA2 D__0%9 t LISA M. IROT CommJ 1981430 pp�� NOTARY PUBLIC - CALIFORNIA c0 SAN LUIS OBISPO COUNTY MY Comm. ExP. JUNE 9, 2016 � ary Seal Above L Sa— t` - Notary Public, personally dppeared � S K. ttmJ( who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me. that (s)he executed the same in his/her capacity, and that by his /her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. d�_4'0_ . ARe— ighature of Notary Public ;@LISA P �L%0� �� F "LLl -CALIFORNIA SAN LUIS OBISPO COUNTY ° MY 1mm. ExP. JUNE 9, 2018 Place Notary Seal A ove . Page 4 Beneficiary's Consent to Grant of Easement and Agreement James R. Hall and Carol F. Hall, Trustees of the Hall Living Trust, dated April 12, 1994 are the Beneficiaries under Deed of Trust dated January 3, 2011, recorded January 11, 2011 as Instrument Number 2011-001557 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 the attached "DECLARATION ESTABLISHING SHARED SEWER LATERAL AND COMMON LANDSCAPE AREA USE AND MAINTENANCE AGREEMENT" (The "Agreement "). As the Beneficiary of said Deed of Trust, Beneficiary 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. I �...�� - n - - Date Beneficiary ALL SIGNATURES MUST BE NOTARIZED. Page 5 State of California } County of San Luis Obispo) On J ..t u .2A 2013, before me, [ ye- L. J. / on s , Notary Public, personally ppeared o U_a 14-s 12. a_ 46 a 1% who proved to me on the basis of satisfactory eviddfice to be the person whose name is subscribed to the within instrument and acknowledged to me that (Ohe executed the same in his /Jwf capacity, and that by his /tWsignature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Q4IA.t � Sicjfiature of Notary Public State of California } County of San Luis Obispo) JA LAURIE L. THOMAS Commission * 1966877 Notary Public -California San Luis Obispo County Comm. Expires Feb 14. 2016 Place Notary Seal Above On 3 U W l l 20 [3 before me, Notary Public, personally appeared QDL4--rz�, I J— . L±2 k who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that (s)he executed the same in his /her capacity, and that by his /her signature on .the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LISA M. IROT Com # 1981430 P� NOTARY PLWC -CALIFORNIA N SAN LUIS OBISPO COUNTY MY Comm. Exp. JUNE 9_2_0.1.6�`� Signature of Notary Public 'Pia a oN t ry re1rA ovii 'Ve- -- ' — — - _ - END OF DOCUMENT -