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Home My WebLink About1990-081887r � �� -3-�� .. , -�� RJ.r"h - _� ooc. No. 8188'7 OFFICIAL RECORDS SAN LUIS OBISPO CO., CA DEC 0 4 1990 : . FFiANCIS M. COONEY � County Clerk-Recader �.�_ � � TIME 1 O: O S AM � RECORDING REQUESTED F� � AND RFTURN T0: . AGREEMENT AFFECTING REAL PROPERTY CITY CLERK (Settlement Agreement - Superio�,�Q�dC�3 City of Arroyo Grande P. 0. Box 550 , �. Arroyo Grande, CA_93420 " This Agreement, dated February 29 , 1988, for the convenience of the parties, is by and between the City of Arroyo Grande, California ("City") and Kim Hughes and Cynthia Hughes, Trustees of the Huahes Community Property Trust under Declaration of Trust dated ��sxowners of the real property described herein ("Owners"). May 9, 1984, RECITALS WHEREAS, Owners are the fee owners-of that certair. parcel of real property situated in the City of Arroyo Grande, generally described .as 1320 Hillcrest Drive, and more specifically described and depicted upon Exhibit "A", attached hereto and incorporated herein; and WHEREAS, on or about March, 1987, Owners submitted a Lot Sp'Yit Application to City to divide said Exhibit "A" parcel into two parcels (LOt Split Case No. 87-444; Tentative Parcel Map AG 87-108), and City denied said application on or about June 17, 1987; and WHEREAS, Owners thereafter filed in the Superior Court of San Luis Obispo County, a Petition for Writ of Mandate (Case No. 63299) requesting a Court order that City approve said application as submitted to City; and WHEREAS, the parties desire hereby to settle all matters in dispute concerning said application and litigation. NOW, THEREFORE, in consideration of the foregoing and the following mutual promises, the parties agree as follows: Tnis document is being Re-recorded because of the deletion of Condition No. 3 of Exhibit "B". iOC. N0. �Z`f�4V OR°iGFAI REOORD6 9AN LUIS OBISPO CO.. I MAY 31 19A8 fHANCIS M. COONEY Counh Cterk A�oorder lU1AE 1 ; 45 Pn%1 agreements, '�o� 361'7 P0.GE 1 i $ _, G-3. ii � �..i J 1. Notwithstanding the provisions of City Ordinance No. 360 which was adopted subsequent to Owners' submittal of its application for Lot Split Case No. 87-444 and Tentative Parcel Map AG 87-108, City agrees to complete processing of said Lot Split and Parcel Map, and to approve the two lots running perpendicular to Hillcrest Drive, with approximate lot sizes of 10,954 square feet each. 2. Owners agree to accept and abide by all conditions of approval heretofore recommended by City staff, Planning Commission, and City Council as more specifically set forth on Exhibit "B" attached hereto. Exhibit "B" Conditions 1 through 6, inclusive, must be complied with prior to the issuance of any building permits, but not prior to the recordation of a final parcel map. * 3. Owners further agree that any development of either parcel shall be subject to the height, setback and all other restrictions and limitations of City Ordinance No. 360, except the 12,000 square feet minimum parcel size. 4. The parties recognize and agree that all procedures normally applicable after the approval of a tentative map remain applicable hereafter, and that no rights are conferred other than as specifically set forth herein. By way of example only, and not in any manner a limitation for other purposes on either party, there is no right or approval given here- under for common driveway access to serve both parcels; also, the City reserves all right to prosecute or abate at * This does not preclude Owners from applying to City to reconsider such conditions. '�o� 361'7PA�E179 -2 VOL � P , 6-3-�� - � �..� all times zoning or other code violations which may now or hereafter exist on the Exhibit "A" real property or any portion thereof; normal City procedures concerning ex- piration of tentative maps shall be applicable to Tentative Parcel Map AG 87-108; zoning ordinances (other than those establishing minimum lot size) adopted hereafter by the City during the pendency of Tentative Parcel Map AG 87-108, and which are generally applicable to all other property within a given zone or area which includes the Exhibit "A" real property, sha11 be applicable to said property; provided that such condit�ions do not render the properties undevelopable for one single family residence per lot. 5. Owners warrant that they are the sole fee owners of the Exhibit "A" real property. 6. Owners represent that there are no lien holders of the Exhibit "A" real property other than those listed below as acknowledged lienholders who signify their approval of this Agreement. 7. Each party shall bear and pay all costs and attorney fees incurred by it in Superior Court Case No. 63299. 8. Upon City approval of the Lot Split - Tentative Map referred to herein, Owners shall dismiss Superior Court Case No. 63299 with prejudice. 9. 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. _g_ VOL � PAGE� �o�3s1�r��E1$o c �.�i . �i .= n �,;�; Arroyo Grande, California, as of the date first written hereinabove. The Hughes Community Property CITY OWNERS Trust Under Declaration of � Trust dated May 9, 1984 � �'(,�,�.�.�{— YOR KIM UGHES �- THIA HUGHES �Q' • (Acknowledge signatures) ; ,.� .; ., .} �ir:.W� _ .� ,.. `� ��: r �"�� w/� � . � t ` A \ i �� : '�' - IT' •t "� ` c�/t� v ,� `. �C� .+ i. � i � . `.. WHEREFORE, the parties have executed this Agreement at .,: We have read the foregoing Agreement and agree to be bound thereby. � �� g �g BY '^� • �-�9: { 1'w "�'/ Lienholder r. Vi -P�esidex�t / BY Lienho er �� Asst. Vice-President (Acknowledge signatures) _q_ VOL PRGE �-- Yo� 3617PA�E181 2-�-�� ..� T n E U m � C N U � E a D a m � 0 M .,/ COUNT LI �:'f� �-^/�,(/ �bor v � !J _ ;SS. On_�� /�/ � y��C R ,before me, the undersigned, a Notary Public in antl for said State, personally appeared _ ,,, personally known to me (or proved to me on the basis of satis- tactory evidence) to be the person�s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that JaefeNe/they executed ihe same. WITNESS my hand and official seal. - / L�� /��/ � " m a STATE OF CALIFOflNIA � COUNTY OF S.S. Onthisthe 2 th dayof Fe ruary �g $$ peforeme, Me undersigned, a Notary Public in and for said Counry and State, personallyappearedrlm- H. Forster , personally known to me or proved to me on Me basis of satisfactory evidence to be theSr_ Vira�resident,and MarYha M_ Ta�lnr 0 � 0 a � m i Q e � 4 U 0 z � y O LL N , personally known to me qr prov to rt{e� the basis ot satisfaaory evidence to be Assistant V �o�Hie n �rporation that executed the within insWment on behaN of the corporation therein named, and acknow- ledged to me Mat such corporation executed the within instrument . pursuant to its by- aws or a 2solution f its board of directors. m 9 ��° 9 Si nature N f FOR NOTARY SEAL OR STAMP . • � _ 'Fl�'� �� .: i ' -. O£FICIAL SEAL SHARON LEE GILDRER ' NOT�PY�GUB4GCAlKORH1A SANTA �BAR&1RA C0. MY COM1. E%P. APR. 3, 1990 (This area for oHicial notarial seaq � SAFECO TIT�E INSURANCE V0� ° � f n�G VOL JU1� PAGE 182 � � p ` o � � /� ti ti G-3-�� ►�copn�R•s Men�o; E x h i b i t"A" �� O�PAbOU� N DUE TO DOCUNIEPT� (�) �yd L)Y9711H �'XH/6/ T A ♦� �') �`a � U � � �� - � - n� �� °� �� i�� 'a� �� f �� s�� "��n� e �i �� g �� ..� �� g��=s VOL J61�P�GE 183 VOl • PAGE W � = �3a E • � e � � w � � J � � �-3-�� ,.J EXHIBIT "B" 1. 2. This 3 Condition Is Delete 4. 5. Remove or rebuild garage building on Parcel 1 in conjunction with a main use such as a single family residence. Construct a garage building on Parcel 2 to comply with off-street parking requirements for a single family residence. Construction an 8 ft. parking lane adjacent to the asphalt Delete pavement on Aillcrest Drive in front of the properties. Provide the Director of Public Works with Plan and Profile on new paving and driveway approach. The driveways serving both lots shall each be 12 ft. in width. Separate utility services to each parcel; locate the services on Parcel 1 on either side of property line. 6. The building height, setback, and other provisions of Ordinance No. 360 CS Zone R-1-D (87-1), will be applicable to all new development on both lots (excepting, of course, minimum lot size). .�,�� I�lyll�'il��l VOL � PAGE � ��o� 3617P��E184 . � The Hughes Community Property Trust Under CITY OWNERS Declaration of Trust dated May 9, 1964 , � /,/,�� // =�s - — � . • •• • � ATTEST: NANCY A. VIS, CITY CLERK /!//$/90 � �-3- �7 T �L ' . �s��S KIM H GHES AS TRUSTEES �ti�� N'I'HIA M. HUG ES ��— (ACknowledge signatures) We have read the foreqoinq Agreement and agree to be J Y SKOUS N, CITY ATTORNEY bound thereby. BANK k)1 / enior Vic � > BY l� Lienholder Assistant Vice (Acknowledge signatures) VOl JU�7PIIGE G-�-�7 � .�-. r c U �. °�c � n ii E 0 � J o � ja U oA n � U � I w m N O O m � f �ss. STATEOFGAIJ�F� � couNr'oF $C tember 24 1 � , before me, the undersigned, a Notary Public in and or On and James D. Gra said State. Personally appeare Ma�'tha M. Ta lor , personally known to me (or proved to me on t e Presiden� basis ot satisfac[ory e�idence) to be the persons who � ecuted the within �^o^� ehalf o� _'_` J�89dR@[eWL S ��p president an Count Bank ' }h¢ corporation therein named, and acknowledged to me that such corporation executed the wilhin instmment pursuant to 11s by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature T C m n 0 V c u E a � �.. � a 9 C N � b 0 (This area fo� official notarial seap } �ss. STATE OF CALIFORN��J.�IO�-__I public in and for COUNN �F__--- the undersigned, a Notary _ - �� _ ,before me, _ ___ ______ O _ _— -_____________ �I — eared_— __--_______ d �'__1-�-"` � __ said State, personally app rt��!L---- I� � c ta�� --[��-- ��n -- - _ ___ ______________ personally known to me (o� P�oved to me on the basis of satis factory evidence) to be ihe Person(s) whose name(s) is/are sub scribed to the within insirument and acknowledged to me thai he/she/they executed ihe same. � WITNES my hand an ofticial seal. \ Si9nat re. - - - --- - � - � -� � bFFIC�� 3EAL ELOISF HARDEY OTIS NOTMiY PUBLIC - CILFOFNUI °� PFi1NCPRLOFF10EMl u�NTA61Flb1�MCOUNfY tAy Cam;n4�bn EwD. �Wm 4t. � W1 OFFICIAL 3 FAi. RNONUA M. RABBitt NOTMY WBUC-GLiORNN SRNT/1 BAPBAMCWNtt My Comm. fJioin Mty �O.I991 (This area for off�cial notaria� a�) VOL 361"� PAGE1 6 , �ND OF DOCUMENT