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HomeMy WebLinkAbout1996-031091— � Doc No: 1996,.,31091 �� Rec No: 00105853 Recording Requested By �x2� �`-(�� and When Recorded Return to: City of Arroyo Grande P. O. Box 550 Arroyo Grande, CA 93421 Official Recor ' F San Lu i s o¢,7,spp�E�VE� Jul ie L. FY64jb`vfa �pOYD GRANDE June24rd 2D P;1 I� 57 Time: 08:00 ; � 4� ;TOTAL MAIlVTENANCE AGREEMENT WHEREAS, the parties to this Agreement constitute all of the owners of that certain real property known and described as Pazcels 1, 2, 3, and 4, of Pazcel Map Number AG 95-079, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to Map recorded J��� 7q , 1996, in Book�, at Page � of Parcel Maps in the O�ce of the County Recorder for the County of San Luis Obispo, State of California; and WHEREAS, said real property is subject to easements for use of a road for ingress and egress across a portion of each of said Parcels l, 2, 3, and 4, for the use and benefit of each of the respective parcels as described and defined in the above-referenced pazcel map; and WHEREAS, the pazties to this Agreement desire to provide the terms and conditions for the maintenance, repair, and division of costs in regazd to said easements; NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. The owners of said Parcels 1, 2, 3, and 4, of Pazcel Map Number AG 95 - 079, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to Map recorded 7l,u1P� 24 , 1996, in Book �, at Page � of Parcel 16.00 16.00 1 � � Maps in the Office of the County Recorder for the County of San Luis Obispo, State of California, shall shaze equally all costs required to repair and maintain said roadway for the joint benefit of their respective parcels. 2. Decisions regarding the need for repair and maintenance, and all matters related to the procurement of such repair and the payment therefor, shall be determined by the prior written approval of the majority of the owners of said pucels, each parcel being entided to one vote. Each party's proportionate shaze of the costs of repairs and maintenance of said road shall constitute a lien against that party's property served by said easements. The obligation to repair and maintain as set forth herein shall require the owners of said pazcels to keep the driveway in safe condition and good repair. 3. This Agreement may be modified or amended by the execution of an amended Agreement, or of an amendment to this Agreement, duly executed and acknowledged by all the owners of the parcels covered by this agreement. No amendment or modification to this Agreement shall be effective for any purpose until approved in wriung by the Ciry of Arroyo Grande as being consistent with the conditions of approval of Pazcel Map AG 95-079. 4. T'his Agreement shall commence on the execution thereof and shall continue indefinitely thereafter. 5. This Agreement is subject to all valid laws, ordinances, and governmental regulations whether federal, state, county, or city. Any modification made to this Agreement by any such future laws, ordinances, or regulations shall not impose liability on any party hereto for breach of their duties under this Agreement. In such event, the parties shall seek to adjust this Agreement to comply with said future laws, ordinances, or regulations, provided the same dces not materially alter the rights and duties of the parties. 6. This Agreement shall be binding on the parties hereto and on their successors 2 - � and assigns. The benefits granted hereunder shall be regazded as easements appurtenant to the respective properties owned by the parties hereto. This Agreement is entered into this � � day of ,�G'NE , 1996, at Arroyo Grande, California. Owner of Parcel 1 of Parcel Map AG 95-079: RICHARD DE BLAUW CONSTRUCTION CO., INC. � B ��/l�� � � �����1�-�- RICHARD DE BLAUW, President Owner of Parcel 2 of Pazcel Map AG 95-079: RICHARD DE BLAUW CONSTRUC'FION CO., INC. By �����lGlil�� �� /���l� RICHARD DE BLALTW, President Owner of Parcel 3 of Parcel Map AG 95-079: RICHARD DE BLAUW CONSTRUCTION CO., INC. By ��,/��ll�L� � ���C!-.�l�� RICHARD DE BLAiJW, President 3 - ti � �� Owner of Pazcel 4 of Parcel Map AG 95-079: RICHARD DE BLAUW CONSTRUCTION CO., INC. By��/✓���� �� i!�%�/� r RICHARD DE BLAUW, President ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ) ) ss. ) On (�� -`� —c / �> , 1996, before me, '�-e ��nc�✓S � 1��> personally appeazed RICHARD DE BLAUW, personally known to me to be the erson whose name is subscribed to the within instrument and acknowledged to me that such person executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �� 1;C � � � ARY PUBLIC 4 SHERI RUMFr,Lr ,..�� ;,. Comm. �i1020a9a o � i_.�, i Notary Public N '.k,��r- "f California � " SAN LUIS OBISPO COUNTYi� My Cqm. Expires Aprit 29, 1998 � END OF DOCUMEM"