HomeMy WebLinkAboutD-989 Sunset Drive Recorded 05/26/1977Recording Requested By: . SAN LUIS OBISPO
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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
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(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 ='
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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
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Lvot 1982 ' PACr.. 467
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ATTES'f.,`_`_�,t,�
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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
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END OF DOCUMENT
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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
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a Witness thereto, who being by me duly worn; deposes and says:
W That he resides in San Luis Obispo CN- ntYand that he
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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