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Home My WebLink About2014-049166 JULIE RODEWALD ID San Luis Obispo County—Clerk/Recorder 11/19/2011 Recorded at the request of 2:03 PM Public D o C#: 2014049166 Titles: 1 Pages: 10 RECORDING REQUESTED BY ) Fees 41.00 AND WHEN RECORDED RETURN TO: ) Taxes 0.00 Others 7.00 J JOHNSON IAW OFFICE, INC. ) MID $48.00 P.O. BOX 3 ! ) GROVER BEACH, CA 93483 ) A.P.N. : 0061461-019, 006-153-005, 006-153-011, 006-161-020 RECIPROCAL EAR NT AGREMM _ T FOR COMMON DRIB *AY Preamble This Agreement made this r day of 0G14,4.e k^ , 2014, by and between T.L. BERRYHILL and ALVA SUE BERRYHILL, husband and wife as community property with right of survivorship as to an undivided one-fourth (1/4) interest; WILLIAM J.W. CALDER and CANDACE CALDER, Trustees of the "William and Candace Calder Family Trust Dated September 29, 1987" as to an undivided one-half (1/2) interest; JOHN ALBERT MALLORY, Trustee of the "John Albert Mallory and Patricia Gail Mallory 1976 Trust Dated March 1, 1976" as to an undivided one-fourth (1/4) interest, owners of PARCEL A (described below) ; hereinafter referred to as "Parcel A O R". and CITY OF ARROYO GRANDE, a Municipal Corporation, owner of Parcel B (described below; hereinafter referred to as "Parcel E OWNER". -ecita1s WHEREAS, the Parcel A OWNER owns certain real property, in the 6ity of Arroyo Grande, County of San Luis Obispo, State of California, described as follows: APN 006-161-019: Lots 20, 23:, 22 and 23 in Block 1 of the Western Addition to the Town of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo; State of California as per map recorded April 10 . 1894 in Book B, Page 10 of Maps, together with that portion of Cornwall Avenue abandoned by Resolution recorded May 16, 1989 as Instrument No. 30686 in Book 3316, Page 508 of Official Records that would pass with title. = 1 e v WHEREAS, the Parcel t OWNER owns certain real property, in the City of Arroyo Grande, County of San Luis Obispo, State of California =described as follows: APN 006-153-005 (Parcel 1) : Lots 3 and 4 in Block 10 of the Western Addition to the Town of Arroyo Grade, in the City of Arroyo Grande, County of San Luis Obispo, State of California as per map recorded April 10, 1894 in Book B, Page 10 of Maps, in the office of the County Recorder of Said County. APN 006-15g-011 (Parcel 2) : Lots 1 and 2 in Block 10 of the Western Addition to the Town of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California as per map recorded April 10, 1894 in Book B, Page 10 of Maps, together with that portion of Cornwall Avenue abandoned by Resolution recorded May 16, 1989 as Instrument No. 30686 in Book 3316, Page 508 of Official Records that would pass with title: APN 006-161!-020 (Parcel 3) : Lots 16, 17, 18 and 19 in Block 1 of the Western Addition to the Town of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California as per map recorded April 10, 1894 in Book B, Page 10 of Maps, together with that portion of Cornwall Avenue abandoned by Resolution recorded May 16, 1989 as Instrument No. 30686 in Book 3316, Page 508 of Official Records that would pass with titlel WHEREAS, the parties, Parcel A OWNER and Parcel B OWNER desire to acquire! certain rights in the Servient Tenement owned by the other; Now, therefore, it is agreed as follows: ( Grant of Easements 1. For valuable consideration in the form of reciprocal easements granted herein, Parcel A OWNER hereby grants to Parcel B OWNER and Parcel B OWNER hereby grants to Parcel A OWNER reciprocal easements as hereinafter described. Character of Easements 2. The easements granted herein are appurtenant to the Dominant Tenements described herein. 2 Description of Easements 3. The easements granted herein are for common shared driveway, for ingress and egress, emergency access and public utilities. Location 4. The common driveway easement for the benefit of "Parcel A owner" is ?described in "Exhibit A" attached hereto. The common driveway easement for the benefit of "Parcel B owner" is described in "Exhibit B" attached hereto. Maintenance 5. a. The parties shall each pay one-half (1/2) of the maintenance! of the common driveway, and any common utilities. Each party shal l.! pay for the maintenance of separate utilities located within the easement. b. Bids for maintenance and repair shall be obtained for from at least two (2) contractors . If any party to this easement agreement is a public agency that is required to pay more to contractorsi (i.e. "prevailing wage") , then each contractor shall submit a bid for a public agency and a bid for a private owner. The private owner party to this agreement shall pay one-half (1/2) of the private owner bid and the public agency shall pay the balance due to the contractor. c. Airy damages done during construction shall be repaired by the party doing construction. Exclusiveness of Easements 6. The easements granted herein are for the exclusive, mutual use of Parcel A. OWNER and Parcel B OWNER and their invitees, and no other parties shall be allowed access or use thereof, Secondary Easements 7. The easements granted herein include incidental rights of maintenance, repair, and replacement. Entire Agreement/Modifications 8. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning !this instrument shall be of no force and effect. No modification, amendment, waiver, discharge or change of this easement shall be valid unless signed by all of the owners and signed by the Planning Director (or other government official currently performing that function) for the City of Arroyo Grande and recorded in official records of the County of San Luis Obispo. 3 „9LGI 'T RoavN pa4sa 4Snz,j, 9L61 AzoTtepl Tips eToTaged pup AzorTeN uggr„ etp ;o aeltnzy 11-110IWK!IERECIV OD r7772 "1” „L86T '6c zagW9 des pe;va Isnz,j, ATTwe, zapTeo aoQpuaa pue uierTTzM i,eg4 3o ee4snzy-o3 (euaeu paquz ) '?i� SOv O -1a ,r o !� Top.""ro 429TO 114TO h-aLPPIAP t, ,.L86T '6Z .zaqua4daS t?aYea ATzurn3 zepTeO a0epu23 pue uteTIT?M..tau4 30 aegsnal-o0 Asa;.V r (euteu paqu-g • ao e 77IFIA'a gg S vATV :Aq . 11XE .edg "1-.1 epu2a$ oAoixir go £v, :ERNMO g Teoxed :go V Teoa2cl •uaggTaM anoge ;saTg aearc pus Aep agg quamaaabv sTgg pagnoaxa eneq ogaaag saTgaed auk. ',3O3212HM SSSNELIM NI "UnIMO E Teoaed pue IMMO Teoxed Jo sub-case pue 'saosseoons 'sao;eagsTuTU.jpe 'saognoexa 'saTatl auk. z ;o g-rgauaq actg off. aanut TTegs pue uo buZputq aq TTet.s q.uauinagsUT sztjs •®T 53a ,7FEutpu-r •s rsoc pue 'wag- s ,rt^auao . .e 'sasuadxa aTgeuoseaa ri;aed buzsoT auk. uzoag 19110091 PGT4T .ua eq TTeus Agaed buzTTenaad egg ';oaaagg goeeaq auk. ,zo ;uanzn.t;suT sTgg og buTgeTaa e;ndsTp ao 'n reio 'Asaanoaquoo al-2 go ;uana au? uI •6 saga s ,Aeuxogl e r State of California ) County of an Luis Obispo ) On No e( S1 , 2014 before me, J- J bHN 0 Notary Public, personally appeared T.L. BERRYHILL and KLVA SUE BERRYHILL Who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my3hand and official seal.. : //// Notary P b = c • < _ comm..JOHNSON Co #2053926 a ca F? s• , NOTARY PUBLIC.CALIFORNIA g 1• SAN LUIS OBISPO COUNTY� � omm.Exp.JAN.29,2018 State of California ) County of San Luis Obispo ) On AJov. j /' , 2014 before me, 3 j J S°`V , Notary Public, personally appeared WILLIAM J.W. CALDER and CANDACE CALDER who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities„ and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of, the State of Californiathat the foregoing paragraph is true and correct. i WITNESS my £hand and official seal. /1"{-- ; J,r---_, ;_,,,;:_t7. NOTARY PUBLIC*CALIFORNIA n Notary - .�,- c SARI LUIS OBISPO COUNTY Comm.Exp.JAN.29,2018 k S • e 4 • 4 State of California County of San Luis Obispo On NO , 2014 before me, J- 3 T- AJ S01/ Notary Public, personally appeared JOHN ALBERT MALLORY who proved .to me on the basis of satisfactory evidence to be the person whose name is subscrihed 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. :, COMM.4 2053926 Notary 4.• . NOTgRY Katie•CAUFORNIA SAN LUIS OBISPOCOUNTY ^�c_r�r omm.E xp JAN.29,2018 State of California ) County of San Luis Obispo ) On /O" 54> , 2014 before me, /<j 114#41"L. Notary Public, personally appeared 7"01i741 who proved ito me on the basis of satisfacLbly 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. •,... KITTY NORTON Commission St 1924821 � "�; ' Rotary public-California Notary `1.1 is r� Soo Luis Obispo Cony 6 EXHIBIT"A" EASEMENT FOR INGRESS AND EGRESS PURPOSES FOR THE BENEFIT OF "PARCEL A OWNER" ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SAN LUIS vBISPO,STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: A PORTION OF PARCEL 4,OF THAT CERTAIN GRANT DEED AS DOCUMENT NUMBER 52640,IN BOOK 2534 AT PAGE 323 OF OFFICIAL RECORDS, S.B.B. &M.,FILED IN THE COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF CORWALL AVENUE BY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE,A CERTIFIED COPY OF WHICH RECORDED MAY 16, 1989 AS DOCUMENT NUMBER 306861W BOOK 3316 AT PAGE 508 OF OJ F'ICIAL RECORDS, S.B.B.&M.,FILED IN THE COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY TWENTY FEET OF PARCEL 4 AS DESCRIBED LN BOOK 2534 AT PAGE 323 OF OFFICIAL RECORDS TOGETHER WITH THE WESTERLY — TWENTY FEET OF THAT PORTION OF CORWALL AVENUE AS DESCRIBED IN BOOK 3316 AT PAGE 508 OF OFFICIAL RECORDS. CONTAINING 0.071 ACRES,MORE OR LESS tis,NO rotY s .4 L 9062 \t"4:444.., _At PAGE 1 0172 EXHIBIT '#A" (Page 2) 1 / CORNWALL AVENUE N65°57'04"E N66 57'00'E 148.59' a% a _ ,TT. --1.1 — — —_I 100.00' 1, `,A / ^ N66'57'�,O'5};�;g173.70' SCALE: i. _73.70' %.: 100.00' Q 23,70" :":,:' , 1"=401 �" / / EASEMENT :`- cp f.„‘kyi , /. yv0k Wi ` U"; w pc, ^' .CO 'N rn° e� PARCEL 3 ,1:a PARCEL 4 w ° k1 ti �0• R/ O.R. 2005018800 ;- 2534 O.R. 323 _ _ ° > i �/ 4 .4A? / APN 006-161-019 `,' >, APN 006-161-020 �' / �t) / o ±0.33 AC t0.35AC I �' y'23 22 21 , 20 ? , ; 18 11 16 1 / , 42,• '. ; 3 / ``'? i ' ti`1 25' 51.70' ,,,:;,N•:‘,: ' ' . P} / // S66°57'00'W 226.75 /g 15 13 / i ; ii # 14 LAND 6. ' 12 REFERENCES: `�5 �+'{`�a C�� . R1--B MB 10 w,,. °'s R2--A MB 56 t R3--13 L.S.91 :1,_D1--O.R.2005018800 `r "4: EASEMENT ACROS PARCEL d D2--2S34 O.R.32'3 1 4; D3--3316 O.R.51 8 7O CA ;a si- FOR ING�Ea�s AND EGRESS FOR THE BENEFIT OF PARCEL 3. LEGEND: - PARCEL 4 IN BOOK 2534 AT PAGE 323 OF PARCEL BOUNDARY OFFICIAL RECORDS, S.B.B. & M, FILED IN THE EASEMENT „� COUNTY OF SAN LUIS OBISPO, STATE OF EASEMENT AREA i. ? .:•;�:-`•ti .•,:' CALIFORNIA, TOGETHER WITH THAT PORTION OF ADJACENT PROPERTY LINES CORWALL AVENUE AS DESCRIBED IN BOOK 3316 INTERIOR LOT LINES CENTER LINE � AT PAGE 508 OF OFFICIAL RECORDS. S — PLAN LINE _._._._._._._ FOR THE CITY OF ARROYO GRANDE, CA 300 EAST BRANCH ST. ARROYO GRANDE, CA 93420 PLAT NOTE: : CARING TAYLORY& ASSOCIATES THIS PLAT DOES SNOT CONSTITUTE A LEGAL DESCRIPTION OF 141 S. ELM ST. THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL ARROYO GRANDE, CA 93420 EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR PH: (805) 489-1321 FX: (805)489-6723 PARCELS. AND ISc BASED SOLELY ON RECORD DOCUMENTS. SEPTEMBER. 2014 SHEET 2 OF 2 ' d • EXHIBIT"B" EASEMENT FOR INGRESS AND _EGRESS PURPOSES FOR THE BENEFIT OF"PARCEL B OWNER" ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SAN LUIS!OBISPO,STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: A PORTION OF PARCEL 3,OF THAT CERTAIN GRANT DEED,DOCUMENT NUMBER 20050018800, S.B.B. &M.,FILED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED - AS FOLLOWS: - - - - COMMENCING AT THE CENTERLINE-CENTERLINE INTERSECTION OF • NORTH HALCYON ROAD AND CORNWALL AVENUE AS DEPICTED ON THAT CERTAIN MAP,BOOK 13 OF LICENSED SURVEYS AT PAGE 9,S.B.B. &M., FILED IN THE COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA, THENCE LEAVING SAID INTERSECTION,RUNNING ALONG THE CENTERLINE OF CORNWALL AVENUE,NORTH 66°57'00"EAST A DISTANCE OF 43:.41 FEET TO A PONT. SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF CORNWALL AVENUE AND THE NORTH HALCYON PLAN LINE AS DEPICTED ON THAT CERTAIN MAP,BOOK 13 OF LICENSED SURVEYS AT PAGE 9,S.B.B.&M.,FILED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE CENTERLINE OF CORNWALL AVENUE, NORTH 66°57'00"EAST,A DISTANCE OF 48.59 FEET TO A POINT; THENCE LEAVING CENTERLINE OF CORNWALL AVENUE,SOUTH 23°03'00" EAST,A DISTANCE OF 20.00 FEET TO A POINT; THENCE SOUTH 66°57'00"WEST,A DISTANCE OF 21.70 FEET MORE OR LESS TO A POINT ON THE NORTH HALCYON PLAN LINE; THENCE RUNNING ALONG THE NORTH AHLCYON PLAN LINE NORTH 00°11'30"EAST,A DISTANCE OF 21.70 FEET,MORE OR LESS,TO THE TRUE POINT OF BEGINNING; \IAD CON']AINING 0.024 ACRES,MORE OR LESS se. -: -i- o 21 .S. 9012 .�F'C' rbf��f PAGE 1 OF 2 , K EXHIBIT 193" (Page 2) T.P.O.B. Z i P.O.0 I CORNWALL AVENUE I ,. fi N66°57'00°E N66°57 00'E 148.59' O/ 43.41' o";;.''a8,59'' `'o: 100.00' - ''\y — —4 f ? " PARCEL i „•,o 14 K ,% "9. .r ..Al..e3:.ai;...i is N66°57')0"E 173.70' SCALE: '<q 73.70' — 100.00' 1„ Q, / �-23.70 ' / i , ellfl i .c=,),) w ��", ' Cfi4 �6 w At ti c O-,o° °yl PARCEL 3 PARCEL 4 -W i —y, �.� �i----O.R. 2005018800- - —2534 0:12-323— Q k O,�� I APN 006-161-019 APN 006-161-020 5 ��' o,z, �� ±0.33 AC ± 0.35 AC v: :..3 I r,,f , b 0 4: 1 A.i$.c? I tali / t� * i23 22 21 20 19 18 17 16 ' I i I i ! 51.70' T( YP). . - . / j r 15 566°57'00' 226.75 13 I i i . /- 1 14 12 alb REFERENCES: �,��:f R1--B MB 10 Y R2--A MB 56 6 I t• ' R3--13 L.S.91 i 't r- UP D1--0.R.2005018800 ° ';� _ D2.2534 O.R.323 �t ' EASEMENT ACROSS PARCEL 3 D3-3316 O.R.508 07, FOR INGRESS & EGRESS- ' OP CALF",.Et FOR THE BENEFIT OF LEGEND: _ 4. PARCEL 4. PARCEL BOUNDARY EASEMENT EASEMENT AREA `,:.:1 ;',k -.;- PARCEL 3 OF OFFICIAL RECORDS, DOCUMENT ADJACENT PROPERTY LINES NUMBER 2005018800, S.B.B. & M, FILED IN THE INTERIOR LOT LINES COUNTY OF SAN LUIS OBISPO, STATE OF CENTER LINES — CALIFORNIA PLAN UNE FOR TRUE POINT OF BEGINNING T.P.O.B. THE CITY OF ARROYO GRANDE, CA POINT OF COMMENCEMENT P.O.C. 300 EAST BRANCH ST. ARROYO GRANDE, CA 93420 PLAT NOTE: i BY THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF OARING TAYLOR & ASSOCIATES THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL 141 ELM ST. EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR ARROYO GRANDE,NDE, CA 93 PARCELS, AND IS BASED SOLELY ON RECORD DOCUMENTS. PHo EM(805) 489-1321 FX: (805))4848 8—&723 SEPTEMBER, 2014 SHEET 2 OF 2 END OF iNDiAil,„4-10