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Home My WebLink About1985-066317• ' F.'ECpRDING REQUESTED BY Ci �ATITLEGUARaNrvCOMPANY - �� ." AN6� RETURN T0: � �''� City Clerk City of Arroyo Grande P. 0. Box 550 Arroyo Grande, CA 93420 AGREEMENT AFFECTING REAL PROPERTY (Parcels 1 and 2, Parcel Map No. AG 85-123)' G -/a-/,� !', . �: ., t �. �. 06631'� OFFICIAL RECORDS 5AN LUIS OBI3P0 CO., CA NOV 1 5 1985 FfiANCIS M. COOIVEY Counry Clerlc fdseorder T1ME 8�0 AM This agreement, dated October , 1985, for the convenience of the parties, is by and between the City of Arroyo Grande (hereinafter "City") and Douglas and Kathleen Ballagh ,(Hereinafter "Owner"). WHEREAS, Owner desires to record City Parcel Map No. AG 85-123, which divides an existing parcel of real property into two parcels, all as shown on that portion of said Parcel Map attached hereto and marked Exhibit "A", and as more fully depicted and described upon said Parcel Map, which is recorded concurrently with the filing of this Agreement; and WHEREAS, said Parcel Map provides a flag lot type of driveway access for the rear Parcel 2, with easement use of the flag driveway as a driveway also for Parcel 1, with said driveway thereby serving as a common driveway for both parcels, on the whole of that area cross-hatched upon said Exhibit "A"; and WHEREAS, in order to assure that no portion of said flag driveway will be used at any time for vehicle parking or other purposes interfering or incompatible with free access to both parcels at all times for City fire, police and emergency services, or unimpeded ingress and egress by the occupants of said parcels. NOW, THEREFORE, in consideration of the foregoing and the following mutual promises, covenants, conditions and agreements, the parties agree as follows: 1. The cross-hatched common driveway area depicted upon the Exhibit "A" map attached hereto shall be used only for vehicular ingress and egress purposes to Parcels 1 and 2. 2. Owner understands that the City of Arroyo Grande cannot regulate vehicle usage or hazards upon said common driveway and agrees to defend and hold the City of Arroyo Grande harmless from all claims for damages or liabilities arising from the alleged failure of the City of Arroyo Grande to regulate vehicles or to provide protection from hazards upon said driveway. 3. Owner agrees to provide perpetual maintenance and repair of all parts of the common-access driveway. 4. Owner agrees that parking on the common driveway portions of the driveway is prohibited. Any adult occupant of either residence served by said driveway shall have the authority to order the tow-away removal of 'any vehicle parked in violation hereof, with all costs of removal becoming a lien upon said vehicle and its owner. 5. In addition, owner understands that the vehicle removing authority granted private property owners in the California Vehicle Code may be used when any vehicle is parked in the common-access driveway so as to impede, restrict, or prevent entry or access to a parcel served thereby. — -.�. _:,. �°°-�.-,�'�.�, _ -- -�_�- - ---�-.:..�T - 6. Owner agrees that this agreement cannot be amended, t@rminate' without the written consent of the City. No disagreement between the owners, or any of their tenants, over maintenance, parking, or any other use of said driveway shall at any time serve as an excuse for parking upon, blocking, fencing, or hindering access to any portion of said driveway, without the prior written consent of the City. VDL G 1 IZMGE1lJ�} , . *" � 7. The owner of either parcel the other parcel to enforce the easements, or other limitations to the provisions hereof shall for a judicial declaration that If any court should declare any � G-�a- �3 may bring an action against the owner of provisions hereof as restrictive covenants, on the use of land, and no use contrary operate as a waiver, estoppel or other basis any provision hereof is unenforceable. provision hereof unenforceable, the City may prohibit further common use of the driveway, and may require Parcel 1 to provide other standard access from the public road. In such event, Parcel 1 shall not be deemed to have any non-conforming or other prior right to occupancy without such standard access, and the City may, at its sole option, require such standard access through nuisance abatement, notice of noncompliance, assessment, or other appropriate proceedings. 8. This agreement shall run with the land, and shall bc binding upon, and inure to the benefit of, all successors in interest in any manner of the parties hereto. WHEREFORE the parties execute this Agreement as of the date first set forth hereinabove. City —/ d ��%iT/K/ �C./i�YY� Mayor Owner , � nr � �� ,a� Owner rou�las Palla , '/� / �--r'�i-t'I, ._ � - 1�.�� - -J Owner Kathleen Pallaa� � ,�iCliicat Q . �a,uc'a� �, �,�,E�-�/ Attest: Cit Clerk Lienholder _ _ A�l /�i,GQ.or,. Approved as to Form L older y%� �. ��J, CITY CLERK Acknowled all signatures ACI<�JOU:!LEDC,EMEf�IT Individual �=tate of California County of San Luis Ohispo On October 20, 1985 before me, Jean the state of California, personally Kathleen �allagh personall,y known to of satisfactory evidence), to be the to the v�rithin instrument and acknowl � -- — --�� . ! .-�-=a��.�.4s,�_�� __ � _�� OFFICIAL SEAL 1EAN E. BOWSER � NOTARYPUBUC�CALIFORNIA SAN LUIS OBISPO COUNTY My Comm. Eapim D�c. YJ,19B8 E, Fowser, a(�lotary Puhlic for appeared nouclas Eallagh and me (or proved to me on the basis �ersonswhose names are subscribed edcned to � that they executed ean E, Rowser �o� 2772P��105 L -i.3-%� CUFSTA TITLE Y � 9 � "_ 6 V � V � � STATE OF CALIFORNIA COCiNTY OF S�n I uic Ohi cnn Ss. p� Nnvamhar R, 19$5_, before tre, the undersigneA, a Notary Public in and for said County and State, personall a **TH(1MAS C NFI Cf1N and JES�IE D. NELSON** ❑ personally known to me � proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 3r� subscribed to the within inswmen[, and acknowledged thatth� executed it. Signatu[e -Betty Notary Pue in�od (o��ty aod State Hogan- �... OfFICIAI SEAL � BETTY HOGAW � o m Ndsry PubGOCalifomia Principal Office In San Luis ODispo Cqunty hy Comm. Exp. Feb. 7, 1989 FOR NOTARY STAMP �o� 2772 ��E 106 PORTION OF PARCEL MAP No. AG 85-123 � /"= ZO _ /.d �J jCALE I _�=, �nd.�i of Porce/ MoP �� di vision /ines Limi/'s ✓ments founs ns •d ;imc�nfs Sef '; J rebo.- P/os�: � L S 4059 /`✓BG �.2'iQ' ni .�, .. , . 1 � � I � ��_ � T h � � hl �� I � �' � hl� �I � I � I � P-� �'CEL 2 �3, 2 �!o . // S �i.`' �li�oss� � �' �� fi`. lEosem� o%; �� ?�G .yJ ��. ,'N - ----- efi u 3.7S7i�� :� fd 3/4""/P `� END Of DOCUMENT � �0�2772��107 �,. � J _ .. �. I �� V i L.i � n � �� hi � �� ; � i � i � W� v i h Oi N y i o � ti �; ti � J:'�;.: '-a,- ` ! b \ 3 . � Sfr2..>f' :07�P ^%q� �..R• � � I �� r//c�e .S1�C°f � � _ . Ti Eoseinent onc� P✓.E. ; Se.� L ead f�� GS4o . Cvnci�ici ? P�1 �2CEL / . � � 0 � /O, 22Z. �3 S " Olm �` /6.ass: �. _ - e �. Zo �. � iE4S: ,��ts . m —� -- -- -- a �" �" � 5. 0 3 Sy ft !�/c fl � , � �i � o r l ,,; � P�� h V � � c^ 6P ss c,X 2 oV i A P 7 X � . p � G �� X � o � � � i� y �c^' 2 '� y j� A^J�y� ` ��.. � ` �Y 1'C�. �c-j � I . 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