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HomeMy WebLinkAboutD-990 El Cerrito Court Recorded 06/14/1977/Record;ng Requested By: , CfTY- OT' SAN LUIS OBISPO - - - - - -- Wnen�;Recorded, please return to: �C. NO. 28699 + OFFICIAL RECORDS C� d Cgs O]E'YC� SAN LUIS OBISPO CO., CAL Luis ,pbispo PA BOA JUN 141977 &M.. Luis OWE C 93401 ODUPARM . WILLIAM E ZIMARIK COUNTY RECORDER TIME 12 v 01 Pit., AGF,EE�R:-1'.-T- CREA —E ENG EASEriMN'T` -V0R COivMUN DRIVEWAY This Agreement, between THE CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter referred to as "City ") and PETER R. DEL VAGLIO, JR. and LUISA M. DEL VAGLIO, 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: Lots 10, 11 and portion of Lot 12 of Tract 429 (El Cerrito Court) and; WHEREAS, owners desire to construct a residence on Lot 10; and WHEREAS, City, as a condition of said development," requires the creation of a common driveway easement to serve said Lots 10, 11 and portion of Lot 12, for the benefit of each of them, and for the benefit of Owners; NOW, THEREFORE, the parties hereto agree each with the other as follows: 1. Owners hereby dedicate an easement for a common - drive- way over Lots 10, 11 and portion of Lot 12 as'described in the attached map designated as Exhibit "A" which is hereby incorporated in ard.made a part of this agreement. Said commDn.driveway shall exist in favor of each of Lot 10, Lot 11 and portion of Lot 12 as shown on said Exhibit "A 2. Owners hereby.agree to comply with the following terms and conditions: saF® FOR NOTARY SEAL OR STAMP BORIS M. EECKHOU$ -m NOTARY PUBLIC SAN LUIS OBISPO COUNTY MY Commleelon ExPCresLJuOneN2, 1978 voi 936;:, _Pact. 9434 STATE OF CALIFORNIA � COUNTY OF--§-an- LuiS Obis . O i9� } SS. O � 1977 ) before me, FA the undersigned, a Notar Public in and for said County and State, C' personally a peared 11eter R. De1V lio, Jr anc� Luisa M. DelVaglio D 0 PG 5 to be the person. s whose names are known to me subscribed to the A within instrument and acknowledged tha w ttleV executed the same. d C9' u W i saF® FOR NOTARY SEAL OR STAMP BORIS M. EECKHOU$ -m NOTARY PUBLIC SAN LUIS OBISPO COUNTY MY Commleelon ExPCresLJuOneN2, 1978 voi 936;:, _Pact. 9434 0 4 (1) Improve, maintain and keep in repair said driveway, oni•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 judgements 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 or liability arising from the alleged failure of the City to regulate vehicles or to provide protection from hazards upon said drive- way. (5) Repair any portion of said driveway that is, damaged trhough 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. J OWNERS: DATE: W 19 Peter R. Del Vagliou Jr.;. NOTARY: Q Luisa-M. Del aglio -2 -_ LVDL1986 FACA 40M • 1,,lENDT, MITCHELL-, SINSHEIMER., de la MOTTE & ILLEY City Attorney By Allen Grimes • CITY OF SAN LUIS OBISPO -3- Approved as to content: City Administrati Officer m1986 m `15 I LZ 3 CO .14.6 di Ez! '5c-5-1 yr I I41 14" L LIVOL1986 PAC[ 936 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 Easement Agreement dated May 19 1977 , from Peter R. Del Vaglio, Jr. and Luisa M. Del Vaglio, husband and wife 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: June 9, 1977 CITY OF SAN LUIS OBISPO By ATTEST: S Fitzpatrick, City Clerk h E. Schwartz, Mayor C VOL 1 9 8 6 PACE_ 937 RESOLUTION NO. 3338 (19 77 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND PETER R. DEL VAGLIO, JR. AND LUISA M. DEL VAGLIO, FOR COMMON ACCESS DRIVEWAY SERVING 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 Peter R. Del Vaglio, Jr. and Luisa M. Del Vaglio, husband and wife, for a common access driveway serving parcels of real property owned by them on El Cerrito Court.(Tract 429) 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, the Community Development Department, and the Chief Building Inspector. On motion of Councilman Petterson , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Petterson, Dunin, Gurnee, Jorgensen and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this. 7th day of June 19 77 . ATTEST: y e;rk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE-& LILLEY A Professional `Cbr� oration City Attorney -1 H11Ci1 l�.L 1uie5 ktm 5/19/77 END OF DOCUMENT Approved as to content: Endorsements on Agreement. ML1 86 PAU 938