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Home My WebLink AboutD-1997 City of San Luis Obispo and Michael T. Merrell Agreement for Common DrivewayRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401 -3218 TOMMY GONG ASK San Luis Obispo Cc. .y — Clerk/Recorder 5/28/2015 Recorded at the request of 8:00 AM Fidelity Title Compar►y D o C #: 2015025578 Titles: 1 Pages: 4 Fees 23.00 Taxes 0.00 Others PAID _0.00 $23.00 AGREEMENT FOR COMMON DRIVEWAY This agreement is entered into between the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION (hereinafter referred to as "City "), and Michael T. Merrell (hereinafter referred to as "Owner "), with reference to the following facts: A. Owner owns the following real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, as described and shown on Parcel Map SLAL 14 -0012 (hereinafter referred to as "Parcel Map "), recorded in Book -7 -7 of Parcel Maps, Pages -77 to —IV in the office of the County Recorder of said County. B. The property is composed of two lots, Parcel A and Parcel B, and the Parcel Map details a Private Access Easement of 10' x 42' across Parcel A in favor of Parcel B. Further, it is recognized that any future development and / or conveyance of said parcels could increase the use of the Private Access Easement. C. City, as a condition of this situation, requires the creation of a common driveway agreement 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 executes a Common Driveway Agreement over the Private Access Easement, as shown on the Parcel Map, which is recorded concurrently herewith, for the use and benefit of all said lots. 2. Owner and his heirs and assigns hereby agree to comply with the following terms and conditions: (a) The owner of Parcel A, their heirs and assigns shall be solely responsible to improve, maintain and keep in repair, said driveway and shall create no barrier against ease of access to Parcel B. (b) The owner of Parcel B, their heirs and assigns shall be responsible to repair any damage to said driveway caused by use in favor of Parcel B other than normal usage wear. (c) Prohibit all parking on the common access portions. (d) Owner(s) agree jointly and individually to reimburse the City of San Luis Obispo for all costs connected with the 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. (e) Owner(s) understands that the city cannot regulate vehicle usage or hazards upon said common access driveway and agrees jointly and individually, to CI C Ft-E Grant of Easement and P cement for Common Driveway (One Easement, One Party) Page 2 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 driveway. (f) Any affected property owner or tenant may avail himself of the vehicle - removing authority granted private property owners in Section 22658 of the California Vehicle Code when any vehicle is parked in the common - access driveway so as to interfere with entry or access to a parcel it serves. (g) If this agreement is abandoned or dissolved, each lot previously served by the common access driveway shall be provided with standard access as required by the City Subdivision Regulations. 3. The parties agree that the Private Access Easement is superior and paramount 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. 4. As required by the city, additional information is attached to this grant of easement and incorporated by reference as "NONE " OWNER: Michael T. Merrell Date Michael . Merrell ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of San Luis Obispo On f✓ c't:.r.r before me, � ' {�l►G � ��C� I� � �' I�iCf , Date NaMe aW I im arr the umcer personally appeared, T PU a(61 Name o#`Sig ner (s) �` who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. SYLVIA D. BRIDGE WITNESS my hand and official seal. Ca M1111'" r 2011602 li Wyr pVpk.. C rd1 - Son Luk Mow cvr * .. I 17 i Signature 'J v(1Xk/ gnature Or Notary FUM Place Notary Seal Above Grant of Easement and / aement for Common Driveway (One Easement, One Parry) Page 3 CITY OF SAN LUIS OBISPO COMMUNITY DEVELOPMENT DEPARTMENT Date ACKNOWLEDGEMENT A't'-v(L A . &iie� City of San L (s Obispo Community Development Dept. By: Douglas G. Davidson, Deputy Director A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of San Luis Obispo on before r ate personally appeared, P10 L. I: who proved to me on the basis of satisfactory evidence to be the personhose names /arm subscribed to the within instrument and acknowledged to me that hel jiellhey executed the same in his /berlt"ir authorized capacity(ies), and that by his /0er/tf ei>~signatur %s)'on the instrument the persons); or the entity upon behalf of which the person�"cted, 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 C Lr. —1 , 1 Signaturd of otaiy u is LAURIE L. THOMAS t' Commission #E 1966877 m ? Notary Public - California b Z San Luis Obispo County My Comm. Expires Feb 14, 2016 �. Place Notary Seal Above Consent of Lien Holder Mortgage Electronic Registration Systems, Inc., as nominee for The Mortgage House Inc, its successors and assigns ( "Lien Holder) is the current holder of a Deed of Trust dated November 1, 2012 as recorded in Document No. 2012054801, hereby consents to the Agreement for Common Driveway by Michael T. Merrell to City of San Luis Qbispo dated May 5, 2015 and joins in the execution hereof solely as Lien Holder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non - judicial proceedings, the same shall be sold subject to said Easement. The foregoing defend and hold harmless provisions will not be enforceable against Wells Fargo Bank, N.A. and any successors taking title to the property as a result of a foreclosure action or deed in lieu. SIGNED AND EXECUTED this � ? day of May, 2015. Mortgage Electronic Registration Systems. Inc., as nominee for The Mortgage House, Inc., its successors and assigns By. al`� Laura E. Valentine, Vice President STATE of MARYLAND COUNTY of FREDERICK BEFORE ME, the undersigned authority, on this day personally appeared Laura E. Valentine, Vice President, of Mortgage Electronic Registration Systems, Inc_ —a nominee for The Mortgage House, Inc., its successors and assigns known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said Bank. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS its day of May, 2015. +��It1111rrrar "+e R L � r ' :,�* en fifer L. Iley :��R} -- = N ry Pub Sta 00f Maryland CoAf� gOC m ' y commission expires: October 12, 2016 10yI1lRF r � coyN' �,.. 101111111'O rl 1 t ND OF DOCUMENT