HomeMy WebLinkAbout1988-076793.
- AFTER RECORDATION '
RETURN T0:
CITY CLERK
CITY OF ARROYO GRANDE
, 214 E. BRANCH STREET
ARROYO GRANDE, CA 93420
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�oc. Na. 76'793
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CA
DEC 2 8 1988
FRANCIS M. COONEY
County Clerk-Recorder
TlME 8:00 AM
AGREEMENT AFEECTING REAL PROPERTY
(Parcels 1 and 3, Parcel Map AG 88-216
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This agreement, datedDecember 15, , 1988, for the convenience of the
parties, is by and between the City of Arroyo Grande (hereinafter "City")
and Bruce Covell Hensley and Margaret Ellen Hensley (hereinafter "Owner").
WHEREAS, Owner desires to record City Parcel Map No. AG 88-216, which
divides two existing parcels of real property into 3 parcels, all as denoted
on said Parcel Map being recorded concurrently with the filing of this
Agreement; and
WHEREAS, said Parcel Map provides a flag lot type driveway access for
Parcel 3, and reserves as a driveway easement a portion of Parcel 1. The
intention of the parties to this agreement is to reserve a common driveway,
over both portions, as denoted on said Parcel Map, for the mutual use of
both parcels; and
WHEREAS, in order to assure that no portion of aaid common 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, TAEREFORE, in consideration of the foregoing and the following mutual
promises, covenants, conditions and agreements, the parties agree as
follows:
1. The common driveway as denoted on Parcel Map AG 88-216 shall be used
only for ingress and egress purposes to Parcels 1 and 3.
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.
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9. 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 tlie 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.
6. Owner agrees that this agreement 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 against 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. 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.
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OWNER: BRUCE COVELL HENSLEY a
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OWN MARGARET ELLEN NSLEY
STATE OF C RNIA Iss.
co�c - t�t O.fj/�7C) �
On f�OM/.i� �� �9� ,before me, the untlersigned, a Notary Public in and for
said State, personally appeared
peisonally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(s� whose name(s) is/are sub-
scribetl to ihe within instrument and acknowletlgetl to me that
he/she/they executed the s e.
WITNESS hand a oNicial se .
SignaWr __ � _
��fiD OF DOCUMENT
IISA K. k'A7TENBEqO
„�� � NtlTAMY PU6LIC
SRfl LUIS Q91SP0 COUNTY
Ct3LIFORk1A
My Commfssion Ex{drere on Mfly 77, 1989
(This area tor official notarial seaq
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