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HomeMy WebLinkAboutD-989 Sunset Drive Recorded 05/26/1977Recording Requested By: . SAN LUIS OBISPO CI< 01295 ;26r- E00000.000ARECR �.Y ':OF' When Recorded, please return to: CITY CLMS OMCE 253"72 City of San Luis Obispo pOC. N0. P.O. Box 321 OFFICIAL RpEQ.ORDS 3na Lui6 Obispo, CA 93`501 SAN LUI � , RI NCO- CAL MAY .1977 IO WILLIAM E. ZIMARIK COUNTY RECORDER TIME 1,1 1� All. AGREEMENT CREATING EASEMENT FOR COMMON "DRIVEWAY This Agreement, between THE CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter referred to as "City ") and RUDOLPH A. BINKELE and MICHAEL L. BINKELE, husband and wife, (hereinafter referred to as "Owners "). WITNESSETH: WHEREAS, Owners have an interest, either as owners or incumbrancers, in the following described real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, to wit: and; and Lots 8 and 9 in McAllen Heights #1 (Sunset Drive) WHEREAS, Owners desire to construct a residence on Lot 9; WHEREAS, City, as a condition of said development, requires the creation of a common driveway easement to serve said Lots 8 and 9, for the benefit of each of them, and for the benefit of Owners;___ NOW, THEREFORE, the parties hereto agree each with thel other as follows: 1. Owners hereby dedicate an easement for a common drive- ._.; way over Lots 8 and 9 as described in the attached map designated as Exhibit "A" which is hereby incorporated in and made a part of this agreement. Said common driveway shall exist in favor of each of Lot 8 and Lot 9 as shown on said Exhibit "A ". 2. Owners hereby agree to comply with the following terms and conditions: PA 464 U I (l) Improve, maintain and..keep in repair said driveway, on his or their property. (2) Prohibit all ,parking on the common access portions. (3) Agree, jointly and individually to reimburse the City of San Luis Obispo for all costs connected . with 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. (4) Owners understand that the City cannot regulate vehicle 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.for damages or liability arising from the alleged failure of the City to regulate vehicles or to provide protection from hazards upon said driveway. (5) Repair any portion of said driveway that is damaged through the intentional or negligent acts of said party, or parties, or his or their licenses and invitees. 3. Parties agree that this easement is superior and para- mount 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. OWNERS: Date: 7, Rudolph A. Bi.nkele NOTARY: Mi ael L. Binkele -2- VOL 1982 PAU 465 =' O ti -Z4 4: o A, -49 7, ccm c C-D is it J U W,o ti -2 .0 6 LL 0 F! CL x 9: 04 Lu E LLi (D Z. tt (D L4 O. Z Ne 0 < ATTES'f.,`_`_�,t,� y. Cer'k Approved as }to form: WENDT, MITCHELL SINSHEIMER, de la MOTTE &ILLEY City Attorney I' By Allen Grimes M Approved as to content: by Associate Planner -3- Lvot 1982 ' PACr.. 467 lTTflTV /1LT. [-TTT TTTTGe. /1T]TL�TI/1 ATTES'f.,`_`_�,t,� y. Cer'k Approved as }to form: WENDT, MITCHELL SINSHEIMER, de la MOTTE &ILLEY City Attorney I' By Allen Grimes M Approved as to content: by Associate Planner -3- Lvot 1982 ' PACr.. 467 C E R T I F I C A T E O F A C C E P T A N C E THIS IS TO CERTIFY that the interest in real property conveyed by the Common Driveway Easement dated May 2 , 1977 , from Rudolph A. Binkele and Michael L. Binkele to the CITY OF SAN LUIS.OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: May 24, 1977 CItY OF SAN LUIS OBISPO B ATTEST: J itzpatr.ick, City Clerk h E. Schwartz, Mayor LVOL1982 'n 468 W 10 RESOLUTION NO. 3322 (19 77 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND RUDOLPH A. BINKELE AND MICHAEL L. BINKELE FOR COMMON ACCESS DRIVEWAY SERVING TWO PROPERTIES OWNED BY THEM. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk,. between the City and Rudolph A. Binkele and Michael L. Binkele for a common access driveway serving two parcels of real property owned by them located on Sunset Drive is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: The County Recorder and the Community Development Department. On motion of Councilman Dunin , seconded by Councilman Gurnee , and on the following roll call vote: AYES Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None . the foregoing Resolution was passed and adopted this 17th day of May , 19 77 . ATTEST: C� erk Approved As' to form:, WENDT, _MI,TCHELL-,'':S,INSHEIMER, 1. de .la MOTTE- &51JhILr, EY A Profession.al Corporation City Attorney eV6, By Allen Grimes Approved as to content: Cit i AdmI t rative Q•f 'cer Commun De e o ent Director by Associate Planner R 3322 LVOLAS2 PAG[ 469 —or Till �,► 11 111 � � � � I I I I1 1 I �1 ���� , � � ` � I I I I �►� ► ►�'�� �' 1111 I 111111�III�I►� I ))J I I I I Illll I I I I IIII IIII III i ��iiilii� I +I ,. III 1 IIII ►I I I I I► ��1►I +�, � ' I I I I I I I Ill llllll I I I I Iii %� � �+ } �►�►��„ , � �� _ � �r111 I► �,� I , � � ��a I I I �I 1i�1 � I l l l l 111 l � l l l l � l l i i �� I�� I i► � l i� +� � � � � �i,;: ,,; ;, � 1 No III +III��III�IIII��IjjI ��, I �!, f+lil��. - � lit ,III I��III /Ill�� ���`�t /1 I I I � � ► ►� �i�1�, 1�9�� '��;� �l/ 11 � � � ��� ,. II �, � , ' ' 1 ► I J IIIillli� � f� END OF DOCUMENT It I .. z io W W, n I 1 . I �I ! VOL 1982 'PAcf 470 1�ILllGJJJ 1 . STATE OF CALIFORNIA l COUNTY OF San Luis OhisInn f SS. On _ April R 1977 before me, the undersigned, a Now Public in and for said State, personally appeared Thomas P . G�in99 — — — — — personally known to me to be the person whose name is subscribed to the within Instrument, w W a Witness thereto, who being by me duly worn; deposes and says: W That he resides in San Luis Obispo CN- ntYand that he x J was present and saw Mary E. Fialho < personally known to him to be the same person. — described in M and whose name 13 subscrib d to a with' and annexed Instrument a s o r $Er orney or 1�`o sa Cry yt ereto, execute an a ever the same, and she acknowledged to said affiant that She executed the same; and that said a(fiant subscribed his name thereto as a Witness. WITNESS my hand and official seal. tatemnntinel (. (Seal) Signature — r� lvrcL riuyn rexxy/ -_ TO 443 C Name (Typed or Printed) Notary Public in and for said State m My Cc