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Home My WebLink About2000-043579� Recording requested by�'' City of Arroyo Grande And when recorded, return to: City Clerk City of Arroyo Grande P.O. Box 550, 214 East Branch St. Arroyo Grande, CA 93421 _ _ � -- Doc No: 2000-043579 Official Records San Luis Obispo Co Julie �. Rodewald Recorder Aug 02, 2000 Time: 08:23 [ 5] AGREEMENT AFFECTING REAL PROPERTY Rpt No: 00057715 ;RF —1 19.00 � � � � � � � � � , �TOTAL 19.00 This Agreement, dated July 24,2000, for the convenience of the parties is made by and between the City of Arroyo Grande (hereinafter "City") and L.C. La Vine (hereinafter referred to collectively as "Owner"), based on the following facts: RECITALS WHEREAS, Owner is the owner of the fee interest in that certain parcel of real property (the "property") generally described as situated at 137 Tally Ho Road, City of Arroyo Grande, County of San Luis Obispo, California, (A.P.N. 007-051-015) more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the property is situated in a Rural Residential District within the City; and WHEREAS, Owner desires to convert a 627 square foot single family residence into a second residential unit (the existing single family residence is hereinafter referred to as the "second residential unit"); and WliEREAS, Ov�ner has constructed a ne�v single family home (th� "primary residence") on the property; and WHEREAS, second residential dwelling units are permitted in the Rural Residential District only with the approval and issuance of a conditional use permit by City after a public hearing; and WHEREAS, after holding the required public hearings, the City Council approved Conditional Use Permit Case Number 99-014 (the "CUP") for the second residential unit; and WHEREAS, the City's Development Code and the conditions of approval of the CUP require that recorded notice be given of the restrictions that apply to the second residential dwelling unit. NOW, THEREFORE, in consideration of the foregoing and the following mutual promises, covenants and conditions, the parties agree as follows: 1. 2. 3. 4. 5. �.. ..� The above Recitals are true and correct and incorporated herein by this reference. Either the primary residence or the second residential unit shall be occupied by the owner of the property. The second residential unit shall not be offered separately for sale. The occupant of the second residential unit shall have the use of one covered and one uncovered off-street parking space on the property. This agreement shall run with the land and shall be binding upon, and inure to the benefit of, all successors in interest in any manner of the parties hereto. Executed in Arroyo Grande, California, on the date first written above. CITY �--^ L— � MICHAEL LADY, MA OR ATTEST: ! � Kelly etm e Director of dministrative Services/Deputy City Clerk APPROVED AS TO FORM: OWNER � .C. La Vin� (Signature m notarized) . � .�. TI OTHY . CARM L, C TY ATTO Y �5.� nnte:R�ca � 4 '�' � SLO-940507 SMK EXHIBI'�' p Lot 2 of Tract No. 983 in the City of Arroyo Grande, in the County of San Luis Obispo, State of Califomia, according to map recorded December 15, 1995 in Book 17, Page 67 of Maps, in the office of the County Recorder of said County. EXCEPTING therefrom an undivided 1/2 of all oil, gas and/or minerals in, under or upon said land as reserved by Wilbur D. Harkness and Hilda R. Harkness, husband and wife in deed dated April 25, 1957 and recorded May 7, 1957 as Instrument No. 7039 of Official Records. *.r++* PAGE 5 CALIFORNIA ALL-PURPO� ACKNOWLEDGMENT `� State of CALIFORNIA County of SAN LUIS OBISPO On �-�$-�� beforeme, Kathleen S. Fryer, Notary Public , Date Name antl Ttle of Ofticer (e.g., "Jane Doe, Notary Public") personally appeared Leonard C. LaVine Name(s) oiSlgner(s) � personally known to me - OR -�] 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/hedtheir authorized capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s), �� or the entity upon behalf of which the person(s) acted, �� executed the instrument. 11111tN�001�0 WIIMTT ��'�'� WITNESS my hand and official seal. SignaWre of Notary Pub m OPTIONAL ❑ ❑ ❑ ❑ ❑ ❑ Though the information below is not required by law, it may prove valuab/e to persons re/ying on the document and could prevent fraudulent removal and reattachment ol this form to another document. Description of Attached Document TitleorTypeofDocument: Agreement Affecting Real Property DocumentDate: July 24, 200 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney-in-Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: � RIGHT THUMBPfiINT OF SIGNER Number of Pages: '�3 �(F Signer's Name: ❑ ❑ Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General ❑ ❑ ❑ ❑ ❑ Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER � 1995 National No�ary Associe�ion • 8236 Remme� Ave., P.O. Box 1184 • Canoga Park, CA 91309-]186 Protl. No. 590� Reortlec Call Toll-Free 1-800-8]6-682] � � ss. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT W� - State of California Countyof �f�h� ��S �QISPa On �l.t. �� J � � 2DC(�, before me, —� personally appeared KELLY WETMOHE a ComNetlan �I n2SOOS _ t S�MWsOdepo_ C�asKy Ay Camm. E�ires Jen 9o.2oot ..� �IC l�personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ��_ Place No�ary Seal AOOVe SignaWre o( NoGry Public OPTIONAL Though the information below is not required by /aw, it may prove valuable to persons relying on the document and cou/d prevent fraudulent remova/ and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: 7' Z-y-DO Signer(s) Other Than Named Above: C • � l/I Number of Pages: "l 3 �{F ' Capacity(ies) Claimed by Signer Signer's Name: I"� � C V�a e�� 0.c�U - =•- ❑ Individual � � Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner—� Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: l�� '�M 0� f��oWD Gra„d�- � 1997 Naiional Notary Associa�ion • 93W De Soto Ave.. P.O. Box 2402 • C�atswath, CA 91313-2d02 PraC. No. 59W Reortler. Gall TdLFree 1-800.8]6-662� END OF DOCUMFlfT