HomeMy WebLinkAbout2006-042519...i
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Arroyo Grande
Communiry Development Deparhnent
P.O. Box 550
Arroyo Grande, CA 93421
JULIE RODEWAu
San Luis Obispo Counry— Clerk/Recorder
Hecorded at the requeal oi
Public
8K
6/16/2008
4:32 PM
�oc�: 2006042519
IIIIIIII IIIIIIII
Titles: 1 Pages: iQ
Fees 34.00
Taxes 0.00
Others 0.00
PAID $34.00
� SPACE ABOVE THIS LINE FOR RECORDER'S USE
RECIPROCAL PARHING EASEMENT AGREEMENT
This Reciprocal Pazking Easement Agreement (hereinafter referred to as "AgreemenY') is
dated as of May 19, 2006, and is entered into by and between Richard E. and M. Ma�cine
Blankenburg, each as individuals (hereinafter referred to as "Richazd & Maxine") and Kent H.
Blankenburg and Sandy L. Blankenburg, each as individuals (hereinafter refened to as "Kent &
Sandy") (hereinafter collectively refened to as the "Parties").
RECITALS
WHEREAS, Richazd & Maxine aze the owners of certain real property located in the
City of Arroyo Grande, State of Califomia, and legally described in Exhibit "A-1" attached
hereto and incorporated herein by this reference (hereinafter referred to as the "R & M
Propert}�'), and
WHEREAS, Kent & Sandy are the owners of certain real property located in the City of
Arroyo Grande, State of California, and legally described in Exhibit "A-2" attached hereto and
incorporated herein by this reference (hereinafter referred to as the "K & S Property"), and
WHEREAS, the R& M Property and the K& S Property are sometimes collectively
referred to herein as"the Properties"; and
WHEREAS, the undersigned Parties desire to assure continued and perpetual reciprocal
pazking access to the R& M Property and the K& S Property.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which aze hereby acknowledged, the Parties hereby agree as follows:
1. Pazkin Ar�ea. The Parties agree that the R& M and K& S Easements, as
described in Paragraph 2 of this Agreement, aze for pazking purposes as required by Arroyo
Grande Conditional Use Permit 02-003 and Lot Line Adjustment Case No. 02-001 which
includes approximately ninety four (94) off-street parking spaces. The Parties agree that these
ninety four (94) off-street pazking spaces referenced herein, shall not be assigned for individual
use. The R& M Easement and K& S Easement, as described in Pazagraph 2 of this Agreement,
shall be individually or jointly operated and maintatined by the Parties whose maintenance duties
include maintenance and repair of pavement surface, striping, signage, lighting, landscaping,
imgation and drainage in a safe, attractive and functional condition for shared use by all tenants.
2. Parkine Access Easements. Subject to the terms, conditions and provisions
specified in this Agreement, the undersigned owners of the R& M Property hereby grant to the
�..� "
undersigned owners of the K& S Property (as the dominant tenement), a perpetual, non-
exclusive easement for pazking purposes (the "R & M EasemenY') over the R& M Property (as
the servient tenement) in the location depicted as parking easement (crosshatched azeas on
Exhibit A-1, attached hereto and incorporated herein by this reference, subject to the terms and
conditions as described in pazagraph 1 of this Agreement.
Subject to the terms, conditions and provisions specified in this Agreement, the
undersigned owners of the K& S Property hereby grant to the undersigned owners of the R& M
Property (as the dominant tenement) a perpetual, non-exclusive easement for parking purposes
(the "K & S EasemenY') in the K& S Property (as the servient tenement) in the location as
depicted as pazking easement (cross hatched azeas) on Exhibit A-2, attached hereto and
incorporated herein by this reference, subject to the terms and conditions as described in
paragraph 1 ofthisAgreement.
3. A�nurtenance. The easements granted herein are appurtenant to the
dominant tenement Properties identified above in Paragraph 2.
4. Easement The R& M Easement and K& S Easement shall constitute the
total allowable pazking azea for each respective parcel as legally described the Exhibits "A-1"
and "A-2", respectively.
5. Indemnitv Each grantee of an easement under Paragraph 2 abov8 agrees to
indemnify and defend, and hold each grantor and his/her/its respective successors in interest of
the easement harmless from and against any and all claims, expenses, liabilities, losses, damages,
costs (including attomeys' fees) incurred in connection with, or arising from, or due to, or as a
result of the death, accident, injury, loss or damage (however, caused) to any person, or the loss
of or damage to the property of any person (collectively, "Claims") relating to or arising from the
use of the particulaz easement by the grantee(s) or his/her/its invitees, guests or agents; provided
however, that this paragraph shall not apply to any Claim(s) resulting from the gross negligence
or willful acts or omissions of the grantor(s) of the particulaz easements or his/her/its successors
in interest.
6. Non-Impairment. Each of the Parties expressly covenants and agrees that
they shall cooperate with each other as may be reasonably necessary to ensure that access to and
over the R& M Easement and the K& S Easement is not impaired by any act or omission on
their part or their respective invitees, guests or agents. The Parties agree that each party has the
right to utilize their respective parking area for events, upon reasonable notice to one another,
subject to issuance of a minor use permit from the City of Arroyo Grande.
7. Covenants Run With the Land. All of the provisions, agreements, rights,
powers, covenants and obligations contained in this Agreement shall be binding upon and shall
inure to the benefit of the parties hereto, their respective heirs, successors, assigns, devisees,
administrators, representatives, lessees, whether by operation of law or in any manner
whatsoever unless and until terminated. All of the provisions of this Agreement shall be
covenants running with the land as to the Properties pursuant to applicable law.
� �
8. Maintenance and Imnrovements. The Parties shall cazry out, and pay for, the
maintenance and repair of the easements described herein at such times and in such manner as
shall be agreed upon between them. If there is no such agreement, the parties shall shaze
maintenance costs pursuant to Civil Code Section 845.
9. Entire A�eement This Agreement constitutes the entire agreement and
understanding of the Parties hereto and contains all representations between the Parties with
respect to the subject matter hereof. Each party has had the opportunity to consult independent
counsel of its own choosing. No party in executing this Agreement has relied upon any
inducements, promises or representations made by any other party or any representative of any
other party except as set forth in this Agreement. This Agreement can only be modified by a
writing signed by all Parties to this Agreement. No modification to this Agreement shall be valid
or effective for any purpose without the prior written consent of the Community Development
Director of the City of Arroyo Grande. This Agreement shall be binding upon and inure to the
benefit of the respective grantees, heirs, successors, predecessors, assigns, employees and agents
of each party to this Agreement, to the extent permitted by law.
10. Severabilitv. If any term or provision of this Agreement is determined to be
illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable,
or invalid provisions or part thereof shall be stricken from this Agreement, and such provision
shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any
provision or part thereof of this Agreement is stricken in accordance with the provisions of this
Section, then such stricken provision shall be replaced, to the extent possible, with a legal,
enforceable, and valid provision that is as similar in tenor to ttte stricken provision as is legally
possible.
11. Representation on Authoritv of Parties/Signatories. Each of the Parties represents
and warrants that he or she is duly authorized and has legal capacity to execute and deliver this
Agreement. Each party represents and warrants to the other that the execution and delivery of
the Agreement and the performance of such party's obligations hereunder have been duly
authorized and that the Agreement is a valid and legal agreement binding on such party and
enforceable in accordance with its terms.
12. Attomevs' Fees. In the event any controversy, claim or dispute arises relating to
this Agreement, the prevailing party in such action shall be entitled to recover from the losing
party, reasonable attorney's fees, costs, and expenses in addition to all other appropriate relief.
"Prevailing party" shall include, without limitation, a party who brings an action after the other's
breach or default and such action is dismissed upon the other party's payment of the sum
allegedly due or performance of the covenant allegedly breached or the non-defaulting party
obtains substantially the relief sought by it in the action.
13. Consent to Jurisdiction and Forum Selection. The parties hereto agree that all
actions or proceedings arising in connection with this Agreement shall be tried and litigated
exclusively in the Superior Court located in the County of San Luis Obispo, State of Califomia.
The aforementioned choice of venue is intended by the parties to be mandatory and not
permissive in nature, thereby precluding the possibility of litigation between the parties with
�
..�
respect to or arising out of this Agreement in any jurisdiction other than that specified in this
paragraph. Each party waives any right it may have to assert the doctrine of forum non
conveniens or similar doctrine or to object to venue with respect to any proceeding brought in
accordance with this paragraph.
14. General Intemretation. The terms of this Agreement have been negotiated by the
Parties hereto and the language used in this Agreement shall be deemed to be the language
chosen by the Parties hereto to express their mutual intent. This Agreement shall be construed
without regazd to any presumption or rule requiring construction against the party causing such
instrument or any portion thereof to be drafted, ar in favor of the party receiving a particular
benefit under the Agreement. No rule of strict construction will be applied against any party.
15. Counteroarts. This Agreement may be executed in any numher of countergarts,
each of which shall be deemed an original, and all of which shall constitute one and the same
agreement.
IN WITNESS WHEREOF, this Agreement shall be deemed made as of the date first set forth
above.
OWNERS OF PARCEL A, 1, AND A OWNERS OF PARCELS C, D, E, AND A
PORTION OF PARCEL B PORTION OF PARCEL B
���'��, .�f Date: n"'�` �Q II Date: 5 a4 �D,6
Richard E. Blankenburg Kent H. lankenburg
� ��5�� a e. a'�
��,7 Q,�,,,,,��1� Date:Sf�c�o SandyL. ankenburg
M. Maxine Blankenburg
[ALL SIGNATURES MUST BE NOTARIZED]
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, ,�
F3ANK �5-rrzus - r
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CALIFORMA ALL-PURPOSE ACKNOWLEDGMENT
State of ; ?�.� ,���._
Counryof �����5 � c�TS�``� ��` (��
On Date �(�(�v-��1, Z.'x� before me, N e, Title of Officer, �l Yc�'� ���C� ���� �
personally appeared Name(s) of Signer(s����� c�VL�-� 11 UJ� `"^ �" "�'U'x- �� �
❑ personally ]mown to me - OR -� proved to me on the
�� S ESTRADA basis f satisfactory evidence to be the pers s whose
p,.,,�,, �,. COMM. i1622483 nam� i e subscribed to the within ins nt and
g ^n�.� ; NOTARY PUBLIC-CALIFORNU �
�'�� � SAN LUIS OBISPO COUNIY � ��o to me that he/sh the xecuted the same in
d ' Ny Comm Fcpirw Nor�mb�r f7 z000 y his/he thei authorized capaci ' and�� bY
his/h /thei signatu �on the instrument the pe , or
the entity upon behalf of which the pers acted,
executed the instrument.
WI SS hand and official seal.
„
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___ ---�
- Si nature o Nota
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
� CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
Individual
❑ Corporate Ofl'icer
Title or T�ype o Do
Title Y��� Y ►� �
�
❑ Partner(s) ❑ Limited C �c� fiC����
❑ General Number of Pages
❑ Attorney-in-Fact �
❑ Trustee(s)
❑ Guardian/Conservator Date ofDocument
❑ Other: ✓�'�����G apbtp
Absent Signer (Principal) is Representing: Signer(s) Other an Name(s) Above
t�OY�_
ADM-005 (07/Ol)
...
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.�
State of California
ss.
County of���1 �
On S o�-�� W, before
Date ,
�
personally appeared 1`Qn�4 �V -
� PATII FLNCNIIM
CommlWOn+M 160p207
� NotarY Publk - CaNtomh �
tuokrnne couMy
MY C�m• ExPMe� Ssp 6. 2 J
Nema(s) c� Signer(� V V
�ersonally known to me
C 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.
WITNESS my h and official seal.
Place No�ary Seal Above SlgnaWre of Notary Public
OPT/ONAL
Though the information below is not required by law, i[ may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Oocument Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — 0 Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signerls Representing:
RIGHT THUMBPRINT
OF SIGNER
O 1999 Nalional NoWry 0.ssoclatlon • 9350 �e Soto Ave., P0. Box 2<02 • CM1alsworlh. CH 9131&2<02 • wvr.v.nelionalnolary.or8 Pmd No. 59�] Reortler Call TolbFree b8W-e]eEB2]
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Exhibit'A'
Parcel 1:
.:
Portions of Parcel l of Parcel Map Reversion to Acreage AG 86-147, in the City of Arroyo Grande,
County of San Luis Obispo, State of California, according to map recorded March 2,1987 in Book
41, Page 16 of Parcel Maps in the office of the County Recorder of said County and of Parcel B of
Parcel Map AG 75-325, in the City of Arroyo Grande, County of San Luis Obispo, State of
California, according to map recorded February 3,1976 in Book 19, Page 13 of Parcel Maps in the
Office of the County,
Said portions lying northerly of the following described line:
Commencing at the northwesterly corner of said Parcel l of Parcel Map Reversion to Acreage AG
86-147; thence South 21°17'31" West, along the westerly line of said Parcel l, a distance of 81.66
feet; thence South 21°17'00" West, along the westerly line of said Parcel l, a distance of 93.08 feet
to the True Point of Begimting; thence South 68°53'00" East, a distance of 23.80 feet; thence South
21°17'00" West, a distance of 20.00 feet; thence South 68°53'00" East, a distance of 116.00 feet;
thence South 21°17'00" West, a distance of 22.00 feet; thence South 68°53'00" East, a distance of
85.75 feet to the easterly line of said Parcel B.
Contauung 1.02 Ac, more or less.
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ti��Q��ES G �q `c' \
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No.269S3 �,
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Exhibit'A'
Parcel2:
�
Portions of Parcel l of Parcel Map Reversion to Acreage AG 86-147, in the City of Arroyo Grande,
County of San Luis Obispo, State of Califomia, according to map recorded March 2,1987 in Book
41, Page 16 of Parcel Maps in the office of the County Recorder of said County and of Parcel B of
Parcel Map AG 75-325, in the City of Arroyo Grande, County of San Luis Obispo, State of
California, according to map recorded February 3,1976 in Book 19, Page 13 of Parcel Maps in the
Office of the County,
Said portions lying southerly of the following described line:
Commencing at the northwesterly corner of said Parcel 1 of Parcel Map Reversion to Acreage AG
86-147; thence South 21°17'31" West, along the westerly line of said Parcel 1, a distance of 81.66
feet; thence South 21°17'00" West, along the westerly line of said Pazcel l, a distance of 93.08 feet
to the True Point of Beginning; thence South 68°53'00" East, a distance of 23.80 feet, thence South
21°17'00" West, a distance of 20.00 feet; thence South 68°53'00" East, a distance of 116.00 feet;
thence South 21°17'00" West, a distance of 22.00 feet; thence South 68°53'00" East, a distance of
85.75 feet to the easterly line of said Parcel B.
' _°�..
Contauung 0.42 c, more or ess. ��FES�'(
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PG&E EASEMEN7 (2228 OR
AND STREET TREES AND PI
UTIUTIES EASEMENT (PER F
QUIT CLAIM RORTION
OF PARCEL B PARKING
ACCESS AND EGRESS /
OF PARCEL t�AP ��,
AG 75-325, BOOK }g, "! �
PAGE 13 BY`SEPARATE �{�
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PORTION OF � � r �n � a; �
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END OFDOCUMENT
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