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Home My WebLink About1989-056534�- �'-� . . �oc. rm. 56534 ''' OFFIC�A� RECORDS � ,�;. ; ,� SAN LUIS OBISPO CO., CA . ' Recording requested by: And when recorded, return to: AUG 2 1 1989 CITY CLERK FRANCiS M. COONEY ' CITY OF ARROYO GRANDE County Glerk-Recorder � P.O. BOX 550 TINIE 2 5 0 PM ARROYO GItANDE, CA. 93420 AGREEMENT AFFECTING REAL PROPERTY (135, 137, 145 Bridge Street and 111 Nelson Street, Arroyo Grande) This agreement, dated MaY �� , 1989, for the convenience of the parties, is by and between the City of Arroyo Grande (hereinafter "City") and Ralph R. Bush and Jean L. Bush (hereinafter referred to jointly as "Owners"). RECITALS WHEREAS, Owners desire to provide a common parking lot to serve three commercially zoned and operated parcels at 135, 137 and 145 Bridge Street in the City of Arroyo Grande, all of which parcels are more particularly described and depicted upon Exhibit "A" diagram attached hereto and incorporated herein, and also upon that "portion of the County Assessor's Map attached hereto and incorporated herein as Exhibit "B"; and WHEREAS, the common parking lot also utilizes a parcel without an address which is also partially used in conjunction with a commercially zoned parcel used for a residence at 111 Nelson in said City, also as depicted upon Exhibits "A" and "B"; and WHEREAS, the City's Architectural Review Commission on September 5, 1988, approved the use of a common parking lot to serve all three commercial parcels, with a condition requiring the Owners to provide a recordable reciprocal access agreement satisfactory to the city prior to commercial occupancy of the premises. NOW, THEREFORE, in consideration of the foregoing and the following mutual promises, covenants and condit-ions, the partie� ------- agree and represent as follows: 1. Owners warrant and represent that they are the sole fee owners of all the real property parcels utilized to provide a common parkinq plan as shown on Exhibit "A", namely: (c-g" � < �� 3369 PRGE 259 � -�-/ � � a. 135 Bridge Street (APN #07-491-18) b. 137 Bridge Street (APN #07-491-19) c. 145 Bridge Street (APN #07-491-20) d. 111 Nelson Street (APN #07-491-34) (portion) e. No address parcel in rear (APN #07-491-34) (portion) 2. In consideration of the City authorizing and approving a common parking lot for commercial purposes to serve businesses on parcels la, lb, and lc above as depicted upon Exhibit "A", owners agree to maintain and keep said parking lot open and in good repair for customer and tenant use, and for City access for fire, police, and emergency service purposes. More specifically, Owners agree to maintain signing and painted curbing as required by City regulations and the Fire Chief to keep designated fire lanes open at all times. Owners agree to defend and hold the City harmless from all claims or actions concerning summary City removal of vehicles parked or standing in designated fire lane areas. 3. Owners understand that the City of Arroyo Grande will not regulate general vehicle usage or hazards upon said common driveway and agree to defend and hold the City of Arroyo Grande harmless and 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. 4. Owners agree to provided perpetual maintenance and repair of all parts of the driveway and parking lot. Unless otherwise agreed by the City, the striping and location of parking spaces shall be as shown on Exhibit "A", and there shall be no reserved spaces or other designation of any space for a given business or person. 5. Owners agree that parking on the common driveway ingreas and egress portions of the parking lot is prohibited. Any owner or tenant of any parcel or business served by said parking lot 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. �� 3369 PRGE 260 G-8_/ � �; 6. In addition, Owners understand 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 driveway or parking lot so as to impede, restrict, or prevent entry or access to a business or parcel served thereby. 7. Owners agree 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 or parking lot shall at any time serve as an excuse for parking upon, blocking, fencing or hindering access to any portion of said driveway or lot, without the prior written consent of the City. 8. The owner or tenant of any parcel or business served by the parking lot may bring an action against the owner or tenant of any 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. E� 10 Owners represent and warrant that there are no mortgagees or lienholders other than the signatories hereto. The parties specifically recognize and agree that the parcels described as 111 Nelson Street (APN #07-491-34) and the parcel to its rear without a street address but included in the same APN #07-491-34, will present a special problem upon a change of use or sale of the Nelson Street property because the rear parcel without a street address is utilized in part for the common parking lot serving the Bridge 8treet propertie§ herein. Owners agree that prior to the sale or transfer, or the change of use, of any portion of the two parcels comprising APN #07-491-34, Owners will process a parcel map or other appropriate plans through the City to assure that the ownership of the whole of the common parking lot is vested at all times in the owners of the Bridge Street properties. VuL 3 3G9 PAGE 2� 1 � � c- STATE OF CALIFORNIA ] rOUNTY OF ORANGE J SS. On this QTN" day of AIIf,IIST , 19$9 , before me, the undersigned, a Notary Public in and for the State of California, personally appeared pezsonally known to me or proved to me on'the basis of satisfactory eviaence Lo 0 the person that executed this instrument as ��ice President of or on the behalf of EQUZTABLE DEED COMPANY, a California corporation and acknowledged to me that :ha corporation above named executed the same. WITNESS my hand and official seal �� C' �/� � Notary Public in'a for said state OfFICIAL SEAL •�� DINA C. YOGI ''`" � , � NOTARY PUBLIGCALIFORNIA � �� ORANGE COUNTY Ny Commissian Expires Mar. 2, 1990 6 - �- / STATE OF CALIFORNIA ] SS. COUNTY OF GRANGE ] On this 4TH. day of AUGUST , 1989 , before me, the undersigned, a Notary Public in and for the State of California, personally appeared . oersonally known to me or proved to me on the basis of satisfactory evidence to be the person that executed this instrument as Assistant Vice President of or on the behalf of SECURITY PACIFIC NATIONAL BANK, a National Banking .'.ssociation and acknowledged to me that the corporation above named executed the same. � WITNESS my hand and official seal �� v � Notary Public in n for said State OFFICIAI SEAL DINA C. VOGI 'w�" � ' NOTARY PUBIiC-0AIIFORNtA ' i. ^ ORANGE COUNTV pry Cemmisaeo Exo�ros Mar. 2. 1990 '�� 3369 PAfE 263 �'- � / � � 11. Owners have been advised, and given sufficient time and opportunity, to seek independent legal advice concerning the meaning and effect of all provisions of this agreement. No provision hereof shall be interpreted or applied for or against either party because of the authorship of said provision, or because of failure to obtain independent legal advice concerning said provision. 12. The owners and any future owners of the parcels may execute agreements from time to time regarding the sharing of costs of repairs and maintenance of the common parking lot and driveway. Said agreements shall not include the City as a party nor shall they require City approval for execution. 13. 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 � MAR . MILL S,� ay r , � (2 R t�? j� `° ,, , .�•�" ; �. A��'�rf�,-,� v : � � '� x � � � ' 14�{NG :,;` ; � �3:. City Clerk , ri'-. . _ . � J. SHAW, Ci/ty Attorney LIENHOLDERS: EQU BLE DE NY, A CALIFORNIA CORPORATION B y� DENISE WHALIN VICE SIDENT p#1lG�,(�c./� By� PATSY WAHNON, ASSISTANT VICE PRESIDENT SECURITY PACIFIC NATIONAL BANK, A NATIONAL BANKING ASSOCIATION ACKNOWLEDGE ALL SIGNATURES) , �� 33�9 PAGE 262 G- �-/ '- � � STATE OF CALIFORNIA: COUNTY OF SAN LUIS OBISPO: ss On May 11, 1989, before me, the undersigned, a Notary Public, in and for said State, personally appeared RALPH R. BUSH and JEAN L. BUSH, personally known to me to be the persons whose names are sub- scribed to the AGREEMENT AFFECTING REAL PROPERTY, and acknowledged to me that they executed the same. WITNESS my hand and official seal. � c �'QJ� ��Y`-�J Harriett Farina, Notary Public (SEAL) � HARRiEifi FAliINN I �'� NOTANY PUBUC 's� ��i BpN LUIS OBISPO COUNTY �" CALIfORNIA My CommMabn Expirea on Jan. 28, t 990 �o� 3369 PAGE 264 `_ft�l �..i � �� `� / RECORDER'S MEMO: FOOR REPRODUCTION DUE TO QUALITY OF ORIGINAL DOCUMENT GO/hMON PA2KING APC/� FU2 � �� III ry�Oh 135, 137 �. 195 3RIOCak s��' ��,✓la.vOEf,sA�tF AW,+�E�ll/{/p P.9�p�� , I A�2ROv0 G2AM�]E., C/1. _ _... � .., ._.. /.✓',oiG�rrf1' P�v�ecEc B o d�✓�e�°!Es /✓°� T� S<A t� E � �r�o �I� i � � .� �� . -�F� ,� ��w � r i9P•✓ D7-4yh� a�a r;�r.<K��r� AREA I � \ f-•---- --..----. � ,�'�P� ,�_^�� , .. � i � � � �f c i �_ �� _ _�' �-�s�� `/� o��i<c � J , 137 � , o��C F .1d5 � 135 / �Prt�� . a � ` � t� � � I' • , L3RI OGE STR� �, r . -----------� I 1�G��sr � __�. �-- . -�.� �o� � �� i ' .. �P/r�-°•7-491 :.��. •: „ � . : � �sFr.�K,4� ovi�/�'fil��P � h� � � � ; � . . . . ,.. vo� 3�69 PAGE 265 .. . . . C,�,/ ti. � ��''��BJ�� I�, 1 �' � � vl � � `�' P J 1�,.! � .- END OF DOCUMENT !VO� 3�69 PRGE 2�(j f�ECORDER'S MEMO; Q��R O POR GINAL DOCUMENT