HomeMy WebLinkAboutD-990 El Cerrito Court Recorded 06/14/1977/Record;ng Requested By:
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CfTY- OT' SAN LUIS OBISPO - - - - - --
Wnen�;Recorded, please return to: �C. NO. 28699
+ OFFICIAL RECORDS
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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
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before me,
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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
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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.
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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
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LVDL1986 FACA 40M
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1,,lENDT, MITCHELL-, SINSHEIMER.,
de la MOTTE & ILLEY
City Attorney
By Allen Grimes
•
CITY OF SAN LUIS OBISPO
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Approved as to content:
City Administrati Officer
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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