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Home My WebLink About2017-044745 RECORDLNG FIRST A ERICA.Q TITLEc O ZPANY +2017044745 s ___� Tommy Gong San Luis Obispo - County Clerk-Recorder RECORDING REQUESTED BY AND Recorded at 08:00 AM Recorded at the request of: WHEN RECORDED RETURN TO: FIRST AMERICAN TITLE COMPANY City of Arroyo Grande Titles: 1 Pages: 6 Fees: $36.00 Community Development Department Taxes: $0.00 300 East Branch Street Total: $36.00 Arroyo Grande, CA 93420 'III F R1Ltirr 'I II I APN:077-171-020 GRANT OF EASEMENT AND AGREEMENT FOR COMMON DRIVEWAY (One Easement, One Party) This agreement is entered into between the CITY OF ARROYO GRANDE, A MUNICIPAL CORPORATION (hereinafter referred to as "City"), and John Dollinger and Carol Denise Dollinger, husband and wife as joint tenants, (hereinafter referred to as "Owners"), with reference to the following facts: A. Owners own the following described real property situated in the City of Arroyo Grande, County of San Luis Obispo, State of California, to wit: (legal description): J Parcel 1 and Parcel 2 of Parcel Map AG 06-015, according to map recorded 6 d.-I, e , 2017 in Book `1 q , Page(s) q 9S of Parcel Maps, in the office of the County Recorder of San Luis Obispo County, California. B. Owner desires to construct residences on each of said parcels; and C. City, as a condition of said development, requires the creation of a common driveway easement to serve said parcels, for the benefit of each of them, and for the benefit of Owner. The parties hereto agree as follows: 1. Owners hereby grant an easement for a common driveway over said property, as shown on Exhibit "A" and on Parcel Map AG 06-015 which is recorded concurrently herewith for the use and benefit of all said parcels. 2. Owners and their heirs and assigns hereby agree to comply with the following terms and conditions: (a) The owners of said Parcels 1 and 2, 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) Owners agree jointly and individually to reimburse the City of Arroyo Grande for all costs connected with the removal of vehicles from the common access Grant of Easement and Agreement for Common Driveway (One Easement, One Party) `Frage 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) Owners 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 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 parcel 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 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. As required by the city, additional information is attached to this grant of easement and incorporated by reference as non- . (If none is required, write "none") w 7 /117 1//, A Date Joh Dollinger - 61111 _ Date Caro Denise-57"r-r 011 c D to City of A oy rande Community Development Dept. By: /eccs, T 6U&s e mrnu Print name and title 'Devetppnun.t-�' &k All signatures must be notarized Grant of Easement and Agreement for Common Driveway (One Easement, One Party) 'gage"3 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 9TO k td 7 1-A/ i 1-?, before me, - : +C. o i-R r Pt/)o I-. , Date ( Name and Title of to Officer personally appeared, John Dollinger and Carol Denise Dollinger , Name of Signer(s) 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 California that the foregoing paragraph is true and correct. M. E WITNESS my hand and official ,...411Z4,:% NotaryPubWHITlic-California qf*-1i 5an LuisObispo County Commisston i 2201106 _'�`My l-amm.Expires Jul 4,2021 Signature Signature of Notary Public Place Notary Seal Above 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 1013400 , before me.,-be Lee lAWf‘clni,-)eteje ii@L ry Pµbi16 , Date Name and Tile of We Officer personally appeared, 1eresa-3 hnc Ll I Sly Name of Signer 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 4-6/she executed the same in laWher authorized capacity, and that bye/her 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. YpE1CHIN8ER I 'i Grant of Easement and Agreement for Common Driveway (One Easement, One Party) P'ado4 Beneficiary's Consent to Grant of Easement and Agreement John Callegari, Trustee for the John Callegari Living Trust is the Beneficiary under Deed of Trust dated December 1 , 2010, recorded January 4, 2011 as Instrument Number 2011-000438 of Official Records, in the Office of the County Recorder of the County of San Luis Obispo, State of California as modified by document dated June 28, 2012, recorded October 12, 2012 as Instrument Number 2012-058087 in the Office of said County Recorder. The Deed of Trust encumbers the real property described in the attached "GRANT OF EASEMENT AND AGREEMENT FOR COMMON DRIVEWAY" (The "Agreement"). As the Beneficiary of said Deed of Trust, Beneficiary hereby consents to the execution and recordation of the Agreement, and agrees that upon recordation of said Agreement, Trustee's and Beneficiary's interests in said real property shall be subordinate to the Agreement. Beneficiary: John Calle i Living Trust IP"4( '72-0/2-er 7 By• Jo allegari, Trustee Date ALL SIGNATURES MUST BE NOTARIZED. 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 • California } County • San Luis Obispo } On , before me, ate Name and Title of the Officer personally appeare• John Calle•ari, who proved to me on the basis of satisfactory evidence to be the person whose na '- is subscribed to the within instrument and acknowledged to me that he executed the same in his = thorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of w'' h the person acted, executed the instrument. I certify under PENALTY OF PER Y under!he laws of the State of California that the foregoing paragraph is true and correct. 4104 WITNESS my hand and official seal. Agi' SEE ATTACHED!IA NOTARY FORM .;a Signature Signature of Notary Public Place Notary Seal Above • s • • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 1189 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 ciQnBYkA ) Erik SalvadorAicazarBecerre On unk- (LI f 7o1-7 before me, - Notary Public Daten � Here Insert Name and Title of the Officer personally appeared 3.k v^ l�.G1 tl•2 Air i NameVof Signer( Who proved to me on the basis of satisfactory evidence to be the person whose names) ta'are gscribed to the within instrument and acknowledged to me thata/she/they executed the same in er/their authorized capacityassYrand that by his/her/their signature on the instrument the person(s); • or the entity upon behalf of which the person(acted, executed the irfstrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • ERIK SALVADOR ALCAZAR•BECERRA WITNESS my hand and official seal. Notary Public•California • z'' N Sonoma County z z 4 `' Commission#2159956 > Signature 1Lr __ _ — My Comm.Expires Jul 15,2020 Sig o No -' Public - • • Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: • Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer— Title(s): 0 Corporate Officer—Trtle(s): ❑Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General ❑Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑Other: 0 Other: Signer Is Representing: Signer is Representing: c:L:L:�c ;: :< .:c::•. :•.�ti, ,, ;•. ,•:�.«.:�,<;�:�,:�,.«.c�.•:�.•: .�. c�.<�:�.r�.c:�c:c�.c�,.c .c�s�;:c�.c�--;ccs�,:�szc 02016 National Notary Association•www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT 'A ' I- z w m 0 J P ]Ii S-r �r�f�Sr _II o oz z w P AI -4 11, . so' (\1 30' 30' PARCEL MAP AG 06-0015 I 1 I, � 1 1 PARCEL 2 PARCEL 1 � t N C)- T o� ,7777)77/ ,77777 cn .0-i COMMON DRIVEWAY EASEMENT 1� Z LI8 LOT 2; B DOK I N 3 MA P S r2 vA ND S c A �ta`'�`��\S-rI E. tiP:4(-, ® 4•A i . 1i 30 15 0 30 * 1 m !,.Ji� N0. 8356, GRAPHIC SCALE: 1 "=30' y9_ . /� CA\-\ RICK ( \ r ENGINEERING COMPANY �