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Home My WebLink About1988-065483' � fQ�7CORDING REI2UFSTID ' . AND RETURN `I'�: "� City Clerk City of Arroyo Grande P. 0. Box 550 Arroyo Grande, CA 93420 �, �, 65483 OFFlCU1t. RECOH03 S/1N tUi3 OBl3F'O 00.. CA NOV 0 41888 � FWVYCIS M. COOIVEY • ColaUy Clerk-R�corde�f TµAE 8:00 AM � � -ia -.�.� ` I �� II/04/^�� % AGREEMENT AFFECTING REAL PROPERTY (Parcels 2 and 3, Parcel Map No. AG 88-049) This agreemnt, dated P�� 5 , 1988, for the convenience of the parties, is by and between the City of Arroyo Grande (hereinafter "City") and Coker Ellsworth, Inc. (��ina�ter �bwner WHEREAS, Owner desires to record City Parcel Map No. AG 88-049, which divides an existing parcel of real property into three 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 Parcels 2& 3, each with easement use of the adjacent flfl� C�!"1V?W3y as a driveway, 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 inter- fering or incompatible with free access to both parcels at all times fcr City fire, po;ice ard emergency services, cr :.�^i^�Feded irgress and egress by the occupants of said parcels. , „ � ,. a . . n� NOW, THEREFORE, in consideration of the foregoing and the follow- ing 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 ingress and egress purposes to Parcels 2 and 3. 2. Owner understands that the City of Arroyo Grande cannot re- gulate 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 mai�tenanc2 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 owner of either parcel 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 �n said rehicle and its owner. ��-�:- . -r ., � - , .��.�.�,,:,�.. 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. � VOL ��SPAGE � � � —i-z �.�.s�' - 6. Owner agrees that this ayreement cannot be amended, terminated, or abandoned 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. 7. The owner of either parcel may bring an action aqainst the owner of the other parcel to enforce the provisions hereof as restrictive covenants, easements, or other limitations on the use of land, and no use contrary to the provisions hereof shall operate as a waiver, estoppel or other basis for a judicial declaration that any provision hereof is unenforceable. 8. Owner represents and warrants that Coicer Ellsworth, Inc. in the sole fee owner of the Exhibit "A" real property, that he is duly authorized to execute.this Agreement on behalf of said corporation, and that there are no mortgagees or lienholders other than the signatories hereto. 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. WHEREFORE the parties execute this Agreement as of the date first set forth hereinabove. CITY OWNER COKER ELLSWORTH, INC. A California Corporation �,... �I�.�t�.�.---�P�� YOR io�as�rP' OWNER: Coker Ellsworth, President �� Q • X7LLvr.d� ATTEST: C Y CLERK OWNER CALIFORNIA FIRST BANK, as agent LIENHOLD by. LIENH LD : S. HARO D ITT, ICE PRESIDENT ( ACKNOWLEDGE ALL SIGNATURES �o� 3225 340 i �. I 6p ¢' F� Q� � ti � Q M M � r ' �i�, �` \ �-,a-3S . EXHI B/ T A A G86- 0 49 0 � N .� � :, � �r 4 :�.; � C� _ � �r, (� W O O h 0 � h 2 i W �12.51' M!R �� ° �� O 96 • �F \� �` a � \� S k .Z61 � N3�•�o'oo•'w �oo,00' � � i � � 9 O y O `26 8 I � � � � W � n.. M33°f0'00"W 87.50' '`� in � O W O � � �► 5 � � ��' � / y�ass 5 3Gr� M u' �,r R. / e � .�t¢ �` \,� �' ng y , � �e , o� d� e y �s b� �� O G �P � � � � � N .� � w .� W � O � % ° � o � � o � O � � , �� °- �+ � k�� \ �0� _�, �° c m o � c Z �a�� aE' 3 0 .. i �Q � ` � y ,V \ . xoq,P� b � y 5 5 �v� �� A i�� / � �� ._ .�.� �_. . _ a`� `o o �� VOL J��SPAGE G -i�. -j r � r � s C � � Y Y x Y � �. �i C�4T. NO. NN00737 TO L945 CA (B-84) (Corporation) �� STATE OF CALIFORNIA 1 � COUNTYOF San Luis Obis�� J on OCtobel' 17. 1988 before said State, personally appeared �� personally known xo me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument u ihe President, and - - - - personaltq known to me or proved to me on the basis of saiisfaciory evidence to be the person who executed the within instrument as xhe --- Secrexary of the Corporacion that executed the within instrument and acknowledged to me that such corporation execu[ed the within insttu- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS m a official se Y L/c �� Signaturc ' � CAT. NO. NN00')3] TO 1i�6 CA (8-84) (Colponrion) $TATE OF CALIFORNIA COUNTY OF SAN DIEGO � �• 1 � TICOR TITIE �,�rSURANCE the undersigned, a No[azy Public in and for OFFICtAL 4EAL ` � �- ELSIE BOUGH „ � m ., � NOTARY PUBLIC - CALIFORNIA SAN LUIS OBISPO COUNiY ��^" My comm, expires APR 21, 1989 (This area for official notarial ual) � TICOR TITIE INSURANCE On SEPTEMBER 30, 1988 before me, the undersigned, a Notary Public in and for said State, personally appeared *****S HAROLD LEVITT***** personally known to me or proved to me on the basis of satisfaccory evidence to be the person who executed the within insirument as the VIC� boar NESS my✓h S' Signature (Thu arn for official nourial seal) L, HASE President, gq� personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the �SF2Fi�dYy�of the Corporation thai executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolu[ion of its �`:� . END 01= ClOCt1MENT �0�3225Pa�E