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Home My WebLink About2000-020290� 0170 L, `s Doc No: 2000-020290 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: ADMINISTRATIVE SERVICES DIRECTOR CITY OF ARROYO GRANDE P.O. BOX 550 ARROYO GRANDE, CA 93421 Official Records San Luis Obispo Co Julie L. Rodewald Recorder Apr 17, 2000 Time: 11:24 [ 9l Certificate of Acceptance Rpt NO: 00027199 �NF -1 � bl[�Itl ;TOTAL THIS IS TO CERTIFY that the interest in real property conveyed by the deed or grant deed dated March 29, 2000, by and between ADNAN I. EL-HELOU and DOROTHY V. EL-HELOU, Trustees of the ADNAN I. AND DOROTHY V. EL-HELOU TRUST AGREEMENT dated March 15, 1997, to the City of Arroyo Grande, a municipal corporation, is hereby accepted in accordance with Resolution No. 453, recorded the 26� day of August, 1960, in Volume 1081, Official Records, Page 344, San Luis Obispo County, California, and the Grantee consents to recordation thereof. Dated: � `a.Q-Do City� RANDE By: A O p,RRt2Yp — � C1` ":� ATTEST: r '_' o ��F �Q g.nFt,, � ,� " � � �� •. � �'� DIRECTOR F MINISTRATIVE SERVICES/ ,� � ✓ir d� + � ;� DEPUTY C Y LERK �� F'D�� (o-/�-�� Recording requested by: City of Arroyo Grande And when recorded, return to: City Clerk City of Arroyo Grande P.O. Box 550, 214 East Branch St. Arroyo Grande, CA 98421 � AGREEMENT AFFECTING REAL PROPERTY I�7�ii�E-i 'Y��F'i'1 THIS AGREEMENT, entered into �RCIk 2`I , 2000, by and between ADNAN I. EL-HELOU and DOROTHY V. EL-HELOU, Trustees of the ADNAN I. AND DOROTHY V. EL-HELOU TRUST AGREEMENT dated March 15, 1997 ("Owner"►, and the CITY OF ARROYO GRANDE, a Municipal Corporation ("City"): RECITALS A. Owner is the fee owner of that certain real property (the "Property") generally described as 121 East Branch Street, Arroyo Grande, California, as more specifically described as Exhibit "A", attached hereto and incorporated herein by this reference. B. On July 28, 1999, Owner applied for a conditional use permit to construct a commercial building on the Property (the "ProjecY'). C. The Property is subject to an easement in favor of the City for the construction, maintenance, and usage of a public pedestrian mall, public utilities and drainage, planters and landscaping affecting the easterly three (3) feet of the Property, 3 �.. ..� which easement was recorded August 4, 1969 in Book 1526, Page 231, of Official Records of San Luis Obispo County (the "On-Site EasemenY'). Adjacent to the On-Site Easement are additional easements in favor of the City for purposes that include public pedestrian mall and parking lot access, which easements were recorded August 4, 1969 in Book 1526, Page 229, and August 4, 1969 in Book 1526, Page 233 of Official Records of San Luis Obispo County (the "Off-Site Easements"). D. On October 19, 1999, City's Planning Commission approved the Project by the adoption of Resolution No. 99-1710. E. Condition No. 34 of Resolution No. 99-1710 requires Owner to record a deed restriciion agreeing to maintain the On-Site and Off-Site Easements. F. Condition No. 13 of Resolution No. 99-1710 requires Owner to obtain approval from the City to release its interest in the On-Site Easement encumbering the Property. G. On February 1, 2000, City's Planning Commission considered and approved a modified project, as requested by Owner, subject to Owner entering into a recordable agreement, acceptable to the City Attorney, requiring Owner to remove a balcony overhang projecting into the On-Site Easement upon 90 days prior written notice from City directing such removal. NOW, THEREFORE, the parties agree that the Property shall be held, conveyed, used, occupied, sold, and improved subject to the following conditions and restrictions for the benefit and protection of the parties to this Agreement, the same to run with the land and to be binding upon all parties having or acquiring any right, title, or interest in the Property, to inure to the benefit of and be binding upon each successor and assignee in interest of the parties. Any conveyance, transfer, sale, or assignment made by either party of any portion of the Property shall be deemed to incorporate by reference and be subject to the provisions of this Agreement. 1. Pedestrian Mall Landscaoe Maintenance: Owner and its successors in interest shall, at their sole cost and expense, maintain and cultivate the landscaping within the On-Site and Off-Site Easements, together with all irrigation facilities serving such landscaping, as described in the improvement and landscaping plans to be approved by City. 2. Balconv Overhana: The parties acknowledge and agree that part of Owner's intended development of the Property includes a balcony overhang projecting into a portion of the On-Site Easement. Owner and its successors in interest shall be permitted to contract and maintain such overhang, conditioned on Owner, at its P.l `. ,.� expense, maintaining and keeping the balcony overhang in good and safe condition and repair. Provided, however, that City shall at any time have the right to require Owner or its successors in interest to remove all or any portion of such balcony overhang at the sole cost and expense of Owner and its successors, upon 90 days prior written notice by City directing such removal. 3. Indemnitv. Owner shall indemnify, defend, and hold harmless City and its officers, officials, employees, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Owner's performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the proven sole negligence or willful misconduct of City. �cl ��. � IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY: __ L� MICHAEL LAD�yor ATTEST: P� �vuo� , -KEL W TMORE ,' �irecfor ot Administrative Services/Deputy City Clerk � -APPROVED AS TO FORM: � TIM THY J. CAR L, ITY ATTORNEY OWNER: C��G7i,�_ � /�'(�t ADNAN I. EL-HELOU, Trustee of the ADNAN L. AND DOROTHY V. EL- HELOU TRUST AGREEMENT (Signature must be notarized) �9a��k.� �/. �2- `i��.tu� DOROTHY . EL-HELOU, Trustee of the ADNAN L. AND DOROTHY V. EL- HELOU TRUST AGREEMENT (Signature must be notarized) As holderls) of a record interest in the Property, we consent to the terms and conditions of the Agreement and its recordation. LIENHOLDER(S): NoNE (Signature must be notarized (Signature must be notarized) 4 m L �� STATE OF CALIFORNIA COUNTY OF MONTEREY ss On ,� �' , 2000, before me, r � vii r� a Notary Public, personally appeared -� ( , personaliv known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. .. ��r. �artis�r�" ;� ."' �' .r� �.Gti��8.8��f0725 �� [SEAL] ,�°,;` ��`" NoMry FubGct;airtomk� (,; �, Mlanterey Coun4y a�` - My Comm Exp. �lay 25, 2(XIt �( -��-�;V-, �_...�# WITNESS my hand and official seal. �:S � / 1'� � i I/ / i . .. i . BEVERLY J MARTIN � � � COINWI. /! 140721 � �. � � No �PubY CC �,. My Comm Exp May 75, 200� � STATE OF CALIFORNIA COUNTY OF MONTEREY ) 1 ss On rpr,��,� G� {-t. , 2000, before me, ', a Notary Public, personal pyl a peared n�ru i�h,Y V.�! - Efo i,�. , personally known to me (or proved to me on the asis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his(her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. � ��BEVERLY J. MARTIN y COMM. /114072� � � � � � Monterey 60� � a fl .� My comm �v. ►my 2�, sao+ �_ [SEAL] WITNESS my hand and official seal. �:1. �Q_ _ � �� _� � BEVERLY J. MARTIN COMM. 11140721 �Y � � e MpptilYy 5 � .. ►h' Comro. E�. IAny 26, 2001 .e.�..e-�. � ..� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �� `,u.�5 08�sP� } SS. On 9 DO , before me, �EIiL� I/L �QI`xF�Cy�u/3u� Date n � Nam antl of Oflicer (e.g., "Jane , Notary Pu�lic� personally appeared l� � r l-� f}'�� tt •� l� D y , Neme(s of Signer(s) �ersonally known to me ❑ proved to me on the basis of satisfactory evidence I!y'�`- .:�..� -y; Y .. � '.: ..: . OPTIONAL Though the in/ormation below is not required by law, it may prove valuab/e to persons relying on the and could prevenf (raudulent 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 Officer — Title(s): _ ❑ Partner — O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: i Signerls ftIGHTTHUMBPRWT OF SIGNER WITNESS y hand and official seal. � �A aU� Place Notary Seal Above ignaW re of Notary Public to be the person(-�- whose name(s} islare subscribed to the within instrument and acknowledged to me that he/skeFNaey executed the same in his/laetlthe'rr authorized capacity(aes), and that by his/herkheir signature(sj on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Number of � 199] Nadonel Notary Associatlon • 9350 De Soto Ave., PO. Boz 2<02 • CI�alswotlh, CA 91313-2402 Prod. No. 5909 Reortlec Call Toll-Frce 1-804816682] � .� EXHIBIT A Legal Description APN: 007-192-057 CERTIFICATE OF COMPLIANCE Lot 15 of the Buena Vista Tract, in the City of Arroyo Grande, County of San Luis Obispo, State of Califomia, according to the map filed October 2, 1885 in Book A at Page 58 of Maps, in the Office of the County Recorder of said County; Excepting therefrom the Southwesterly 18 feet, a portion of which was reserved by William M. Vaugh and Lucille H. Vaugh, husband and wife in�deed recorded September 13, 1963 in Book 1260 at Page 75 of Official Records of said County, and a portion of which was conveyed to A. Phillips, et. al., in deed recorded January 17, 1902 in Book 50 at Page 323 of Deeds of said County; Also excepting therefrom the Northeasterly 6 feet of said Lot conveyed to Oscar L. Phillips, et. ux., by deed recorded January 13, 1936 in Book 187 at Page 321 of Official Records of said County; Also excepting therefrom the Northwesterly 60 feet of said Lot conveyed to the City of Arroyo Grande, a municipal corporation in Gift Deed recorded February 18, 1966 in Book 1386 at Page 319 Official Records of said County; And containing 1472 square feet more or less and as shown on attached Exhibit B. END DESCRIPTION Prepared by: (N .�— William R. Dyer, L 661 F Date: /2 ! 4 q LF?:'? S�� .. ,4� A ��e 9 I , �U. JJ 11 ��91�/°3 �.. .... END OF DOCUMENT