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HomeMy WebLinkAboutD-1978 1234, 1238 & 1242 Monterey Street 001-222-012 & 001-222-013 Recorded 10-15-2014RECORD REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401 -3218 JULIE RODEWALD San Luis Obispo County— Clerk/Recorder Recorded at the request of Public AZ 10/15/2014 11:35 AM D o c #: 2014042748 Titles: 1 Pages: 4 Fees 23.00 Taxes 0.00 Others 7.00 PAID $30.00 GRANT OF EASEMENT AND AGREEMENT FOR COMMON UTILITIES & DRAINAGE - One Easement, One Party) This agreement is entered into between the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION (hereinafter referred to as "City "), and MONTEREY STREET PROPERTY, LLC hereinafter referred to as "Owner ") with reference to the following facts: A. Owner owns the following described real property situated in the City of San Luis Obispo,county of San Luis Obispo, State of California, to wit: (legal description): CY SLO BTN 37& CY SLO BL 37 PTN LT5; Property addresses 1234,1238 & 1242 Monterey Street (APN's 001- 222 -012 & 001 - 222 -013) B. Owner desires to remodel and make site improvements of each of said lots; and the City as a condition of aid development, requires the creation of a common utilities and drainage easement to serve said lots, for the benefit of each of them, and for the benefit of owner. The parties hereto agree as follows: 1.Owner hereby dedicates an easement for a common utilities, drainage and parking over said property, shown on Exhibit "A ". 2. Owner and his /her heirs and assigns hereby agree to comply with the following terms and conditions: a.) The Owner of the two (2) lots described above and located at 1234,1238 & 1242 Monterey Street, their heirs and assigns will be jointly responsible to improve, maintain and keep in repair said utilities and drainage. b.) Repair any portion of said utilites and drainage that is damaged through the intentional or negligent acts of said party, or parties, or his /her or their licensees and invitees. 3. The parties agree that this easement is superior and paramount to the rights of any parties in the respective servient estates so created and that it is a covenant running with the land. Date MONTEREY STREET PROPERTY LLC tdyH. Anslinger, Manager r Date City of San Luis Obispo by: D N ire a'+r • Cornwtuft%4 Dew, JIq-l2 Grant of Easement and Agreement for Common Utilities & Drainage (One Easement, One Party) 1234, 1238 & 1242 Monterey Street Page 3 State of California County of San Luis Obispo On -._} u z.4j 197—r, , (-- I'-- before me, 6-1 A Ky personally appeared, Judy H. Anslinger 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 she executed the same in her signature on the instrument the person the or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the law of the State of California that the foregoing paragraph is true and correct. WITNESS my hand official seal A Tim Leonhart San Luis ObNx County Cxm. Expinss May 1, 20 1E Camslon * 20E681e NcMn PuWlc - COW Is State of California } County of San Luis Obispo } On September 181 2014 , before me, Laurie L. Thomas, Notary Public Date ame an J Title o the 6fI c e r personally appeared, Douglas G. Davidson Name of Signer(s) 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 he executed the same in his authorized capacity, and that by his 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. Signature zl,= gnature of o ary Public LAURIE L. THOMAS Commission # 1966877 Notary Public - California San Luis Obispo County My Comm. Expires Fab 14, 2016 t Place Notary Seal Above E) Retaining Wall to Remain f • I 1 r LO E) Retaining Wall to Remain EXHIBIT "A" 105.09 r . w. ....ter . Possible Water Feature — r CDN I rE,*.nch, CO r ss# . E) Retaining Wall to Remain f • I 1 r LO E) Retaining Wall to Remain EXHIBIT "A"