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Home My WebLink About1990-040223. `_' e ooc. No.4U�G�cs OFFICIAL RECO S SAN LUIS OBISPO �d; Gi°y �;; �-. JUN 1 5 1990 �-y- �`� P.O. Box 550 FRANCIS M. COONEY Arroyo Grande, Ca. 93421 (`qunty Clerk-Reoorder TIME 10 � 4 5 AM --------------------------------------------------------------------- AGREII�[VT TO REFRAILV FROM DEVELOPI�IV'!' Recording Requested and �en recorded return to: City Clerk City of Arroyo Grande 1. This Agreatient is made and entered into this 22nd day of May, 1990, between Charles Doster and Carlen Landeck, (hereinafter "Doster/Landeck") and the City of Arroyo Grande, a Municipal Corporation in the County of San Luis Obispo, State of California, (hereinafter "City"). 2. Doster/Landeck have applied to the Planning Comnission for a Conditional Use Perntit for a Liquor and Delicatessen at 320 E. Branch Street. Doster/Lancleck presently have a leasehold interest in said property. The Planning Comnission approved said use, subject to the applicant providing the City with a dedicated easement or leasehold interest in that area of the project between the banlc's intersection with the proposed rekaining walls and the project's easterly and southerly property lines, more particularly described as follows: Parcel 1 Those portions of lots 14, 16, and 17 in Block 7 of the subdivision of property belonging to W.N. Short, T.J. Mason and W. Whiteley, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to the map recorded October 1, 1887, in Book A, page 48 of maps in the office of the County Recorder of said County, described as follows; BEGINNING at the most northerly corner of said Lot 17; thence south 33 degrees 9 1/4' east along the northeasterly line of said lot to the most easterly corner of said lot said corner also being the most northerly corner of said Lot 14. Continuing thence south 33 degrees 9 1/4' east along the northeasterly line of said Lot 14 to the most easterly corner of said lot. Thence southwesterly along the southeasterly line of said lot to the most southerly corner of land described in the Deed to Lewis C. French etal, recorded March 21, 1923, in Book 160, Page 31 of Deeds, thence northwesterly along the southwesterly line of the land described in said Deed, a distance of 94' 8", more or less to the intersection of said line with a concrete wall delineating the edge of a parking lot and walkway. Thence following said concrete wall as follows: thence northeasterly, 1.25 feet to a point thence northeasterly, 9.15 feet to a point thence northwesterly, 4.10 feet to a point thence northeasterly, 15 feet to a point thence northwesterly, 18 feet to a point thence northeasterly, 5 feet to a point thence northwesterly, 29 feet to a point thence northeasterly, 28 feet to a point thence northwesterly, 28 feet to a point thence northwesterly to the point of beginning Parcel 2 That portion of Whitely Street as shown on the map of subdivisions of property belonging to W. N. Short, T.J. Mason and W. Whiteley recorded October l, 1887, in Book A, page 48 of maps in the office of the County Recorder of said County, as abandoned and vacated by Resolution No. 1667 of the City Council of the City of Arroyo Grande, which would pass by a conveyance of Lots 14 and 17 in Block 7 of said subdivision. and as shown on Exhibit "A" attached hereto and incorporated by reference. �o� 3527�903 y.y-v�' � The purpose of the required dedication is to protect Ta11y Ho and Arroyo Grande Creeks and to provide for in its natural state. Therefore, in compliance dedication requirement, Doster/Landeck hereby agree take place in said area during any period that ea� leasehold interest in said property, and that the ar left in its natural state. Doster/Landeck further a .� the creek bank of both the the retention of the area with the intent of the that no development will �h or both of them hold a �a described above will be 3ree that should either or both of them purchase said property, public access, open space Green Belt and flood control easenents shall be provided to the City over the above described property. The parties agree that this agre�nent can be modified by mutual consent. This paragraph recognizes Doster/Landeck's possible future need for reconfiguration of spaces 7, 8, and 9 on Exhibit A(attached) to allow for realigrunent of access to the site, but does not guarantee issuance of a permit therefor. Such realignment shall be in canpliance with all Federal, State and local laws. This agreartPnt shall renain in effect for the period of any leasehold interest held by Doster/Landeck and each of them, and shall be binding on their heirs, successors and assians. transferees or beneficiaries. Dated: �Y 29� 1990 CITY . . MARK . MILLIS, MAYOR ATPEST: 'i/ i. . � �'/ ' � ' � i �� ' • • a� • �' JUD SKOUSIN, CI A'I'PORNEY STATE OF CALIFOI2NIA OOUNPY �' SAN LUZS OBISP'O ) ) ss. ) T � � r �� ES DOSTER •� ; �.�( ' � �t--2�..�� .��— CARLIIK LANDECK On May 29, 1990, before me, the undersigned, a Notary Public in and for said State, pezsonally appeared the above sicpzed, Mark M. Millis, Mayor of the City of Arroyo Grande; Charles Doster; and Carlen Landeck, personally known to me, or proved to me an the basis of satisfactory evidence, to be the person(s) whose name(s) is(are) subscribed to the within instr�mient and acknaaledged that he/she/they executed the same. WITNSSS my hand and official seal. � v S. �. � - __ AAY PUBLIC OFFICUL SEAL j o ,- Jeanne S. Venema � *�� NOTARY PUBLIC-0ALIFORNIA PRINCIPAL OFFICE IN � ,iAP! LUI.i OBIS70 COUNiV MY Commission ExDires Jury 12. I991 �+..:ra,a-.a-. . -:-�. . . . �o� 352? �� 904 q�. v- �! � i STATE OF GALIFOF2NIA COONPY �' SAN LUIS OBISPO ) ) ss, ) �..r On May 29, 1990, before me, Jeanne S. Venana, Notary Public, personally ap�peared Mark M. Millis, personally knavn to me to be the person who executed the within instrinnent as Mayor or on behalf of the City of Arroyo Grande therein named and acknaaledged to me that the City of Arroyo Grande executed it. Witness my hand d official seal. � � -it . .. . �'� S� �� i . S . I�RY PUBLIC OFFIC�AL SE�L � p� , ,leanne S. Venema �V-7 hIGTFRV PUBUGCAL��RNIA �� ;�%"!CIPAIOFFICEI s.a;: �e:s oaisao courvrv •' My Commission ExG!�es luly l _ �� 19 � �o� 3527 PAGE 905 :. END OF DOCUMENT � 9,y _ y 6' � EXHI�IT ��A�� _ . F.ECOFeDER'S MEMOi POOR REPRODUCTtON DUE'lb r�uai.irv oF owonan� oor,,u��t�'r vo� 3527 PAGE 9�6 ...,,.�o �. �NE ��EB k