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Home My WebLink AboutD-2117 Driveway Easement - Mavis 2326 Santa Ynez2019002685 fF ammy Gong jn Luis Obispo -County Clerk -Recorder j T /24/2019 12:11 PM �g�IC at the request of: FEB 0 7 2019 RECORDING REQUESTED BY AND Titles: 1 Pages: 9 Fees: $0.00 WHEN RECORDED RETURN4� CJTY Taxes: 10.00 CLERK Total: 0.00 City of San Luis Obispo 11119R9,11 A ' i Community Development Department I! 919 Palm Street No fee pursuant to Government Code § 6103 San Luis Obispo, CA 93401-3218 No Documentary Transfer Tax per R&T Code § 11922 No Recording Fee per Government Code § 27383 APNs: 052-136-048; 049 GRANT OF EASEMENT AND AGREEMENT FOR DRIVEWAY EASEMENT (One Easement, One Party) This agreement is entered into between the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION (hereinafter referred to as "City"), Flint Mavis, as to an undivided 50% interest and Piper Mavis, as to an undivided 50% interest, (hereinafter referred to as "Owner(s)"), with reference to the following facts: A. Owners own the following two Lots of consisting of real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, to wit: (legal description): 2326 Santa Ynez Avenue (hereinafter, "Lot 2") LOT 2 IN BLOCK 6 OF MONTEREY HEIGHTS, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED SEPTEMBER 23, 1925 IN BOOK 3, PAGE 66 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 2318 Santa Ynez Avenue (hereinafter "Lot 3") LOT 3 IN BLOCK 6 OF MONTEREY HEIGHTS, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED SEPTEMBER 23, 1925 IN BOOK 3, PAGE 66 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. B. Owner desires to improve Lots 2 and 3 for purposes of the construction of residences on each of said Lots 2 and 3; and C. City, as a condition of said development, requires the creation of a common driveway easement to accommodate access to Lot 3 over Lot 2, for the benefit of Lot 3, its Owner(s) and assigns. Accordingly, the parties hereto agree as follows: C)2- Grant of Easement and Agreement for Common Driveway (One Easement, One Party) Page 2 , 1. Owners hereby dedicate an easement for a common driveway over Lots 2 for access to, use and benefit of Lot 3 as legally described in Exhibit A-1 and diagrammed on Exhibit A-2, both attached hereto and incorporated herein by reference. 2. The Owner(s) and each of his/her/their heirs and assigns hereby agree to comply with the following terms and conditions: (a) The Owner of Lots 2 and 3, their heirs and assigns will be jointly responsible to improve, maintain and keep in repair, said driveway. (b) Prohibit all parking on the common access portions. (c) 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. (d) Owner(s) understand that the City cannot regulate vehicle usage or hazards upon said common access driveway and agrees 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 driveway. (e) Repair any portion of said driveway that is damaged through the intentional or negligent acts of said party, or parties, or his/her or their licensees and invitees. (f) Any affected Owner or tenant may avail such Owner 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 Lot it serves. (g) If this agreement is abandoned or dissolved, any Lot previously served by the common access driveway shall be provided with standard access as required by the City Zoning Regulations. 3. The parties agree that this 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. The City requires the installation of four (4) trees as a condition of issuing building permits for Lots 2 and 3. The trees and associated irrigation are located in the public right of way adjacent to Lots 2 and 3. Further, the tree improvements adjacent to Lot 3 require construction of a minor retaining wall within the right of way in association with planting of two of the trees. Notwithstanding the permit requirements, each Lot Owner shall maintain, at its cost, the trees adjacent to its Lot, and the Lot 3 Owner shall further maintain the retaining wall within the public right of way associated with the trees planted most proximate to Lot 3. Except as specifically set forth in this Agreement, improvements designed to be located on one Lot, regardless of whether they benefit the other Lot, shall be the sole obligations of the Lot Owner on whose Lot the improvements exist as of the date of installation. Grant of Easement and Agreement for Common Driveway (One Easement, One Party) Page 3 , 5. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same Agreement. IN WITNESS WHEREOF, the Owners below intents to execute these terms binding on the OwnAs and thei assigns as of the date set forth below. r GUw Flint M is Piper Mavis City of San Luis Obispo Community Development Director By: Douglas G. Davidson, Deputy Director Date: 1/22-1/1 Date: 1 z Z/1 I Date: l t Z 3 hc� Grant of Easement and Agreement for 'Common Driveway (One Easement, One Party) Page 4 , ACKNOWLEDGMENT 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 CA(,Vye4-,; ) ss. County of LoS ) On D % - 22 _ .2Z t , before me, Ir- i k r - a Notary Public, personally appeared tAm i 5 , 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. WITNESS my hand and official seal, ,o?- r// Notc , ,Sign re FIORELLA PAOLA SALAZAR < T` Notary Public - California Los Angeles County Tz z COmmisslon#2248710 My Comm. Expires Jul 2, 2022 [seal] Grant of Easement and Agreement for 'Common Driveway (One Easement, One Party) Page 5 ACKNOWLEDGMENT 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 r,*wFotad;c, _ ) ss. County of Los A„a, l t1 ) On D 1— — , before me, -V�I a &a S,.iF— r -- Noi ,, 9 Oj I i a Notary Public, personally appeared , 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. WITNESS my hand and official seal. - ///,- /,, � yl_ Z -- Not Sign atu e FIORELLA PAOLA SALAZAR o : Notary Public - California Los Angeles County Commission # 2248710 My Comm. Expires Jul 2, 2022 [seal] (ALL SIGNATURES MUST BE NOTARIZED) Grant of Easement and Agreement for Common Driveway (One Easement, One Party) Page 6 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 Z - , before me, jc, , D" Name and' ' Ic of lh(TOITiur personally appeared, �L L_ I G. 0[q Vf Df b N , Nnmc ofS igncr(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. 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. P -1 JAN Notary Signature DIANE DOSTALEK QA Commission # 2138341 x c : =e» .- :, Notary Public California a San Luis Obispo County My Comm. Expires Dec 25, 2019 [seal] EXHIBIT A-1 LEGAL DESCRIPTION EASEMENT RESERVATION That real property in the City of San Luis Obispo, County of San Luis Obispo, State of California being a portion of Lot 2 in Block 6 of Monterey Heights according to the map filed September 23, 1925 in Book 3 of Maps at Page 66 in the Office of the County Recorder of said County more particularly described as follows: Commencing at a rebar with cap "RCE 12545" at the most westerly corner of said Lot 2 as shown on the map filed in Book 95 of Licensed Surveys at Page 59; thence along the southwesterly line of said Lot 2 South 4203743" East, 0.73 feet to the True Point of Beginning; thence continuing along said southwesterly line 1. South 42037'43" East, 14.49 feet; thence leaving said southwesterly line 2. North 82029'34" East, 14.21 feet; thence 3. along the arc of a tangent curve to the left having a radius of 10.00 feet, through a central angle of 40018'29", for an arc length of 7.04 feet; thence 4. North 42011'05" East, 27.03 feet to the northeasterly line of said Lot 2; thence along said northeasterly line 5. North 51000'59" West, 19.94 feet; thence leaving said northeasterly line 6. along the arc of a non -tangent curve to the right having a radius of 25.36 feet, through a central angle of 05040'08", a radial to the beginning of said curve South 56003'29" East, for an arc length of 2.51 feet; thence 7. South 39036'39" West, 8.29 feet; thence 8. along the arc of a non -tangent curve to the right having a radius of 107.94 feet, through a central angle of 13039'18", a radial to said curve bears South 46033'37" East, for an arc length of 25.72 feet; thence 9. along the arc of a compound curve to the right having a radius of 14.00 feet, through a central angle of 26049'12", for an arc length of 6.55 feet to the True Point of Beginning. Thursday, January 17, 2019; 8:31 AM Page 1 of 2 N:\2019\19-011 2326 Santa Ynez - SLO\Legal Descriptions\19-011 Legal Description.docx Randy Ellison, LS7065 The above described property contains 828 square feet of land, more or less and is shown graphically on Exhibit A-2 attached hereto and incorporated herein. B. Stanton, Thursday, January 17, 2019; 8:31 AM Page 2 of 2 N:\2019\19-011 2326 Santa Ynez - SLO\Legal Descriptions\19-011 Legal Description.docx Randy Ellison, LS7065 oe z o N P.D.C. REBAR "RCE 12545" i PER 95/LS/59 T.P.O.B. H EXHIBIT A-2 p' 41, rya ei 556'03'29"E RADIAL ry � 4 e=5'40'08" R=25.36' L=2.51' PQ °s- 0 �s Lot I Lot 3 ::'• ry,�o A=40'1 8'29" R=10.00' L=7.04' Lot 2 GRAPHIC SCALE 10 0 5 10 20 1 inch = 10 feet MICHAEL B. STANTON, PLS 5702 3559 SOUTH HIGUERA ST. SAN LUIS OBISPO, CA 93401 805-594-1960 January 16, 2019 JOB #19-011