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HomeMy WebLinkAbout2019-024679 2019024679 Tommy Gong San Luis Obispo - County Clerk-Recorder 06/26/2019 02:13 PM Recorded at the request of Recording requested by, PUBLIC, and when recorded Mail to: Titles: 1 Pages: 8 Fees: $117.00 Taxes: $0.00 Community Developrrient Department Total: $117.00 300 Eatt Branch Street Arroyo Grande, CA. 93420 1IHRUNOANKLIM space above this line for Recorders use APN 077-151-012, 077-151-013, 077-151,014 and 077-151-015. GRANT OF EASEMENT and AGREEMENT FOR COMMON DRIVEWAY (One:Easement,Two Parties) This agreement is entered into,between the City of Arroyo Grande,A Municipal Corporation (hereinafter referred to as'`City"), and Dee Louie and Brenda Louie and Ian E.foster, trustee of the Ian E. Foster Trust dated May 18, 2018 as to an undivided fifty percent(50%) interest and Masataka Toyoda,trustee of the Masataka Toyoda Trust dated May 18,2018 as to an Undivided fifty percent(50%)interest, and Lisa C.Foster,as Trustee of the Lisa L. Foster Survivor's'Trust dated January 12,2015,(hereinafter referred to as"Owners"),with reference to the following:facts: A. Ovvn.ersown the following:described real property situated in the City of Arroyo Grande, County of San Luis Obispo, State of California,to wit: Parcels 1, 2 3 and 4 of the Certificate of Compliance filed as doc#206063632.Of Official Records in the office of the.San Luis Obispo-County Recorder, State.of California.. B. Owners wish to construct residences'on each of Parcels 2 and 4 together with a driveway over portions of Parcels 2 and4 and along the common line between Parcels 1 and C. City, as.a condition of said development, requires the creation of a common driveway easement to serve:said parcels,for the benefit of each of them,and for the benefit Of Owners. The parties hereto agree as follows; 1. Owners hereby grant an easement for a common driveway over said property, as shown on Exhibit A and described on Exhibit B for the benefit of ell parcels. 2. Owners and their heirs and assigns hereby agree tO COMply with the folloWing terms and conditions; (a)The owners of said Parcels 2 and 4, their heirs and assigns,Will be jointly' responsible to improve, maintain and keep in repair, said driveway. (b)Prohibit all parking on the common access portions. (c)bwners agree jointly and individually to reimburse the City of Arroyo Grande for all costs connected with the removal of vehicles from the common access portions and,will reimburse the City for,and hold the City harmless from, all final judgments against the city for _ i. • i, L4eer_0 0,,i121;1,417.04., • .0 of C Certificate of Corpliarace Doc. #2006 063632, O.R. �eck4,,pr ? elf,� • ( ) .Lot. bovrckary dimensions per C of C ��Z._`-a�.-''�u t, ,�.. -J AE4e55 4 Fite. per this document z .� `'� -,.4c C- a›o ting ACGes$ 4 P.0 E. per C of C _p: a. "'-'4`i "'= .li Common Thrive ._ - . .;,�..-:. rvgt� Agreement _. LS. - e 6-PN-1-3l --f �/-ii 11111#t•' (N8'1°54'00"E 75.572 (1+189°.54'00"E 84.27) _ m rs O 111 Col; f G; Parcel 2 O . APN077-151-015 - Gof� , force! 4 ul APN 077-151-014 }" • o fryf� :: _ : tf1 . c;.:�::& 14.66'.A4GetS 4 P•U.E's 4 - p - .i :: per this Document 5.33'' 4.33' (Nea '54'04"E 7a.a ) (71404°5410o">r.84.279 --- a., i j Gornmon drivewaayy [,:lz., '~ --� A Bement 'r'-`'�1. •G of G, i^'c�rGe f . iiiAf?N 077-151- 12 1274 Cedar St. t-- _�5. G of G, Pearce..! 1 [ ,=I (Exisr11ir') `> APN 077-151-013 -•: "':=:,' p LI 126 C.ecicx- st. 15' AGGes. et P.UE.!s;per i9 64 i' •:•:•:: :q Cer°tificcatea of Com liana O' -O g.:F. .Poe. 2006063632, OR fial \-. 5:.5' -,,. 9.5' . (N&' °34 00"E 84.28 J .... :.:.- (N6q°54'C90"E 64272 1,. I I 1 I i Scale. !"=34' • 1 .i, I Lot ICI 1 Common Drisierfay Agreement for the Parcels created by the Certificate of Compliance, filed in.the Son Lits 0bispa Count , C.4., Recorders Office September 7, 2006 as Document r 2006 063632 of Official Records. - xli i b i t 1A E IBJ 1 f- EXHIBIT B COMMON DRIVEWAY EASEMENT FOR INGRESS AND EGRESS That portion,of Parcels 1, 2, 3 and 4 of the Certificate of Compliance filed as document. #2006063632 of Official Records in the office of the San Luis Obispo County Recorder, State of California described as follows; The easterly 5.5 feet of Parcel 1, and The westerly 9.6 feet of Parcel 3, both as shown on said Certificate of Compliance; Together with the_easterly 5.33 feet of the southerly.34 feet of Parcel 2 and The westerly 933 feet of the southerly 34 feetd Parcel 4, both Parcels 2.and 4 are per said Certificate of Compliance eyp„ • „, , 4411111 .0prAir.` s•D - / de--11V. onard Lenger, LS 8877, exp. 6/30/2020 zsn pi-g; Signed 5/ /ilea/2 "-TEF • •'3W damages or other liability arising from the enforcement of the aforesaid prohibition against parking. (d) Owners understand that the city cannot regulate vehicle usage Or hazards upon said common access driveway and agree jointly and individually, to defend and hold the city harmless from all claimsfor damages or liability arising from the alleged failure of the city to regulate vehicles or to regulate vehicles or to provide protection from hazards upon said driveway. (e) Repair any portion of said driveWaythat is damaged through the intentiOnal or negligent acts of said Party, or parties, or his/her or their licensees and invitees. (f)Any affected property owner or tenant may avail himself of the vehicle removing authority granted Private property owners in Section 22658 of the California Vehicle Q4e when any vehicle is parked in the common access driveway so as to interfere with entry or access to.a.parcel it serves. (g) If this agreement is abandoned or dissolved, each parcel previously served by the common access driveway shall be provided with standard access as required by the City Subdivision Regulations.. 3.The parties agree that this easement is superior and paramount to the rights of any of the parties in the respective servient estates so created, and that it is a covenant running with the land. 4,As required by the city, additional information is attached to this grant of easement and incorporated by reference as none (If none is required, write "none") Own/ers of Parcels 1 and 2 Date Dee LOUIS f:Seettached for Notary Certificate , 6 sas4 • Date Breda Doherty Louie Owners of Parcel 3 Date Ian E. Foster,trustee 6 zz 70) ci Masataka Toyoda,trusl""r" CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, • and not the truthfulness, accuracy, or validity of that document. State of California l } County of ( 01V . 1 '4\ O2J)° } inn y n On ‘PAt /i � °\° b• efore me,V' I� D\VI 1�r i1t O Nwier � YIt�,�`� (H e insert name and title of he offs r) personally appeared bet Lo VI t i y e d Gt i_o.U i e_ who proved to me on the basis of satisfactory evidence to be the person&Vhose names - - subscribed to the within ins .'ent and acknowledge... o me that • _ - - (i-- executed a same in his/her 1,:uthorvl capacity' , and that by hei signatur (s on the instrument a persoror the entity upon behalf of which the perso acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. t°`°' .a MEGAN ANGELI O'DW3YER WITNESS myhand and official seal. Commission#2145834 a. f•Csp•-g•y . Notary Public-California .2 f San Luis Obispo County 10 z ;;•;:4,94:,..- My Comm.Expires March 11,2020 Notary Public ignature i I (Notary Public Seal) ♦ _ ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long fn of e^- p,1„�,,;\- as the wording does not require the California notary to violate California notary' V`� (hSVV, v, ` law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. E l Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. 0 Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other • Indicate title or type of attached document,number of pages and date. EI Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 c.•,-,...------,,,,,,,,—,,,,,••-•c.•,-,...------,,,,,,,,—,,,,,••-• . ..• - _ . .y-'.•-•i^...<i^:-•' •/-•,-;•,-•,--,7,---,r>•. , ".�tE"'.Ff.`.M -P.ro A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of San Bernardino . on J- -;itfvE 22, 7 /1 before me, Samuel Luna, Notary Public Date Here Insert Name.and Title of the Officer personally appeared iiiii-r477/K GZ -dxd O4 -1-4,1,/ ,a5/ ' Name(s)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the persons) whose name ) i; subscribed to the within instrument and acknowledged to me that eYs�e7f9' execute the same in ar er/their authorized ca aci ies),and that b is er/their signatures)on the instrument the person(s), or the entity upon behalf of which e persoa(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. /".e... Samuel Luna = WITNESS my hand and official seal. Ei �-' L COMM.#2182323 0 � ' , . ' OTARY PUBLIC-CALIFORNIAN• /��y Q�n I SAN BERNARDINO COUNTY Signature r My Comm.Expires Mar.1,2021 Signature of Notary Public Dom.- .-'.+ Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Descri tion of Attached Docu nt Title or Type of Document: Qiq Dr ��se 6 Document Date: Ci/Z-7..--1 /5- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer _Title(s): El Corporate Officer — Title(s): ❑Partner — El Limited ❑General ❑Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact El Individual ❑Attorney in Fact - ' ❑Trustee ❑Guardian or Conservator ' ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ,,,&..,,,,,,,,,,,,,,,,,,,,,..„_•,, ,. '✓."✓ ✓..,,4'✓.'✓:\-'4Cr/,4 a.."4' 4v'.�,e,YLN,✓.4,'/.'.�4`"LL.:�4�'/.4�4C✓:N✓.4.�.,.,_,,4✓ ,, ✓4✓4'dd4�" .4\?i"'✓:,✓.iv:, ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Owner of Pard[4 D IV s e a . Foster, trustee SENOTARY CERTIFICATE R AH signatures must be notarized CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of San Luis Obispo ) On ���, �S� �` before me, 'Vj (m , Notary Public Date Here Insert Name and Title of the Officer personally appeared L k S (A C F-D-s--k_i-- Name(s) of Signer(s) who 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/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand an• official seal. • � J.LLAMAS Notary Public-California z .0 = - San Luis Obispo County D Signature ._, • Commission#2230965 signature of Not. P iblic My Comm.Expires Feb 11,2022 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document COInmbn an\i . Title or Type of Document:( r(;1i1}OF�(� t l-ar cX Ryna'l Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): - ❑ Partner — ❑Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: END OF DOCUMENT