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Home My WebLink About2001-058922� Recording requested by: City of Arroyo Grande n�� Ai�. onn� �o UV� IYV. LUVI �JOJLC � OYticial Records San Luis Obispo Co. Julie L. Rodewaltl Recortler Aug 07, 2001 Time: 08:12 And when recorded, return to: i V j Director of Administrative Services/Deputy City Clerk City of Arroyo Grande P.O. Box 550, 214 East Branch St. Arroyo Grande, CA 93421 Rpt No ;RF -1 � � � � � ;roTa� 00073748 22.00 22.00 AGREEMENT AFFECTING REAL PROPERTY This Agreement, dated June 25, 2001, ;or tFie convenience of the parties is made by and between the City of Arroyo Grande (hereinafter "City") and Disa Thorensen (hereinafter referred to collectively as "Owner"), based on the following facts: RECITALS WHEREAS, Owner is the owner of the fee interest in that certain parcel of real property (the "property") generally described as situated at 861 East Cherry Avenue, City of Arroyo Grande, County of San Luis Obispo, California, (A.P.N. 007-711-011) more specifically described in Exhibits "A" and "B" attached hereto and incorporated herein by this reference; and WHEREAS, the property is situated in an Agricultural District within the City; and WHEREAS, the Owner desires to build an attached second residential unii with a gross floor area of 638 square feet; and WHEREAS, second residential dwelling units are permitted in the Agricultural Distrir,t only with the approval r,nd issuance cf a canditianal us� permit by City a`ter a public hearing; and WHEREAS, after holding the required public hearings, the Planning Commission of the City of Arroyo Grande approved Conditional Use Permit Case Number 00-011 (the "CUP") for the second residential unit; and WHEREAS, the City's Development Code and the conditions of approval of the CUP require that recorded notice be given of the restrictions that apply to the second residential dwelling unit. NOW, THEREFORE, in consideration of the foregoing and the following mutual promises, covenants and conditions, the parties agree as follows: 1. The above Recitals are true and correct and incorporated herein by this reference. � ..� 2. That the declared policy of the City of Arroyo Grande is to preserve, protect, and encourage development of its agricultural land and industries for the production of food and other agricultural products and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. Consistent with this policy, California Civil Code 3482.5 (Right-to- Farm Law) provides that an agricultural pursuit, as defined, maintained for commercial uses shall not be or become a nuisance due to a changed condition in a locality after such agricultural pursuit has been in operation for three years. 3. 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. Executed in Arroyo Grande, California, on the date first written above. CITY MICHAEL LADY, MAYOR ATTEST: Kelly W tmor Director of Administrative Servir.es!Deputy Ci*.y Clerk APPROVED AS TO FORM: TIMO Y J. ARME Y ATTORNEY �[]�JIJ� �;l `J�-�JJ�� Disa Thorensen (Signature must be notarized) (Signature must be notarized) � ..i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � // Z, r)�/�� ss. County of /</�G��G�/ � On �� , before me, oa� personally appeared ��- / _. .� %t!� �• °�:.` =" .•. �rn% •. � �. Name antl Ttle �rsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above my hand and off�jcial seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the documenf and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity�ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate O�cer — Title(s): _ ❑ Partner—� Limited ❑ General ❑ Attorney in Fact C Trustee �:� Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER � 19W Na�ional NotaryASSOCia[ion • 9350 De So�o Ave., G.O. Boz 2402 • Cha�sworiR CA 91313-2402 Prod Na 590] Reortleo WII Toll-Free 1-800-8]6-682] � � EXHIBIT A SLO-74634-BARBARA VALVERDE DESCRIPTION: PARCEL L• THAT PORTION OF LOT 7 OF THE LANDS OF D. F. AND ANNA NEWSOM, COMPRISING PART OF THE RANCHOS BOLA DE CHEMISAL AND SANTA MANUELA, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED JUNE 5, 1891 IN BOOK A, PAGE 77 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT TIIE MOST SOUTHERLY CORNER OF SAID LOT 7; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 7, NORTH 46°45' EAST, 7.92 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO J. R. WITHROW, RECORDED NOVEMBER 4, 1919 IN BOOK 134, PAGE 170 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TAENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF WITHROW, NORTH 43°28'07" WEST, 531 FEET; THENCE PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 7, NORTH 46°45' EAST, 16 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LAND OF WITHROW; NORTH 43°28'07" WEST, 154.67; THENCE PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 7 NORTH 46°45' EAST, 266.04 FEET TO THE NORTHEASTERLY LINE OF SAID LAND OF WITHRON; THENCE ALONG SAID NORTHEASTERLY LiNE SOUTH 43°15' EAST, 154.67 FEET TO A LINE THAT IS PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 7 AND WHICH PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 46°45' WEST 265.45 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN UNDIVIDED 1/3 INTEREST IN AND TO THAT PORTION OF LOT 7 OF THE LANDS OF D.F. AND ANNA NEWSOM, COMPRISING PART OF THE RANCHOS BOLSA DE CHEIv1ISAL AND SANTA MANUELA, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORN[A, ACCORDII�IG TO MAP RECORDED JUNE 5, 1891 IN BOOK A, PAGE 77 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT TFiE MOST SOUTHERLY CORNER OF SAID LOT 7; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 7, NORTH 46°45' EAST, 7.92 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND CONVEYED TO J. R. WITHROW, RECORDED NOVEMBER 4, 1919 IN BOOK 134, PAGE 170 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID C�UNTY, THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND, NORTH 43°28'07" WEST, 531 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 46°45' EAST, 16 FEET; THENCE NORTH 43°28'07" WEST PARALLEL WITH THE SOUTHWESTERLY LINE OF THE LAND CONVEYED TO WITHROW, TO THE NORTHWESTERLY LINE OF SAID LOT 7; THENCE RUNNING ALONG SAID NORTHWESTERLY LINE OF LOT 7, SOUTHWESTERLY TO THE SOUTHWESTERLY LINE OF SAID WITHROW LAND; THENCE RUNNING ALONG THE SOUTHWESTERLY LINE OF SAID WITHROW LAND, SOUTH 43°28'07" EAST, 333.45 FEET TO THE TRUE POINT OF BEGINNING. (CONTINUED NEXT PAGE) P.�GE 4 � PARCEL 3: ..i � �� - :_;::;: . / :� AN UNDIVIDED 1/9 INTEREST IN AND TO THAT PART OF LOT 90 OF THE RANCHOS CORRAL DE PIEDRA, PISMO AND BOLSA DE CHEMISAL, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP MADE BY JAMES T. STRATTON IN SEPTEMBER 1873 AND RECORDED IN BOOK 1, PAGE 65 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; AND PART OF LOT 7 OF THE LANDS OF D. F. NEWSOM AND ANNA NEWSOM, COMPRISING PART OF THE RANCHO BOLSA DE CHEMISAL IN SAID CITY, COUNTY AND STATE, ACCORDING TO MAP RECORDED JUNE 5, 1891 IN BOOK A, PAGE 77 OF MAPS, IN THE OFFICB OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 90, SAID CORNER BEING ALSO THE MOST WESTERLY CORNER OF SAID LOT 7; THENCE SOU'I'H 56 3/4° WEST ALONG TH& NORTH\VEST LINE OF SAID LOT 90, 490 FEET TO THE MOST SOUTHERLY CORNER OF LOT 33 OF THE RESUBDIVISION OF A PART OF THE RANCHOS CORRAL DE PIEDRA, PISMO AND BOLSA DE CHEMISAL, AS SURVEYED BY R.R. HARRIS, NOVEMBER 1885; THENCE SOUTH 33 1/4° EAST, 16 FEET; THENCE NORTH 56 3/4° EAST, PARALLEL WITH THE FIRST COURSE, 498 FEET TO THE SOUTHWEST LINE OF LAND OF J. R. WITHROW IN SAID LOT 7 AS DESCRIBED IN DEED RECORDED NOVEMBER 4, 1919 IN BOOK 134, PAGE 170 OF DEEDS, THENCE NORTH 43°28' WEST, 16.25 FEET; THENCE SOUTH 56 3/4° WEST, 4.62 FEET TO THE PLACE OF BEGINNING. PARCEL 4: AN UNDIVIDED 1/36 INTEREST IN AND TO THAT PART OF LOT 90 OF THE RANCHOS CORRAL DE PIEDRA, PISMO AND BOLSA DE CHEMISAL, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP MADE BY JAMES T. STRATTON IN SEPTEMBER 1873 AND RECORDED IN BOOK A, PAGE 65 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 90; THENCE NORTH 56 3/4° EAST ALONG THE NORTHWEST LINE OF SAID LOT, 40 FEET TO THE EAST L1NE OF THE A PUBLIC ROAD AND 704 FEET TO THE MOST SOUTHERLY CORNER OF LOT 33 OF THE RESUBDIVISION OF A PART OF THE RANCHOS CORRAL DE PIEDRA, PISMO AND BOLSA DE CHEMISAL AS SURVEYED BY R. R. HARRIS, NOVEMBER 1885; THENCE SOUTH 33 1/4° EAST 16 FEET; THENCE SOUTH 56 3/4° WEST, PARALLEL WTTH THE FIRST COURSE, 704 FEET TO THE EAST LINE OF SAID PUBLIC ROAD AND 40 FEET TO THE SOUTHWEST LINE OF SA1D LOT 90; THENCE NORTH 33 1/4° WEST ALONG SAID SOUTHWESTERLY LINE, 16 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE COUNTY OF SAN LUIS OBISPO FOR ROAD PURPOSES BY DEED RECORDED IN BOOK 85, PAGE 485 OF DEEDS. PAGES HIBIT B 1"= 200� at �or ro 4RROY0 GRANDE � OBISPC�, � NN OF BOOK 007 PAGE 711 END OF DOCUMENT �NCHOS CORRAL DE PIEDRA, PISMO AND �LSA DE CHAMISAL, R.M. Bk. A, Pg. 65