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HomeMy WebLinkAbout2019-055700 2019055700 Tommy Gong RECORDING REQUESTED BY AND San Luis Obispo - County Clerk-Recorder Q 12/12/2019 10:06 AM WHEN RECORDED MAIL TO: Recorded at the request of PUBLIC CITY OF ARROYO GRANDE Titles: 1 Pages: 4 Attn:Planning Division Fees: $23.00 300 E.Branch Street Total: $23.00 Arroyo Grande,CA 93420 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN:_014-111-03G APN(s):077-223-061,077-223-063&077-223-064 Grantor: RK ovl;'S 6 p/ Grantee:Grace Church of San Luis Obispo,California, a California non-profit corporation The undersigned declares exemption under the following: 0 Exempt from fee per GC 27388.1(a)(2);recorded concurrently"in connection with"a transfer of real property that is: Q Subject to the imposition of documentary transfer tax;or (-1 A residential dwelling to an"owner-occupier",or n Exempt from fee per GC 27388.1(a)(1);fee cap of$225 reached(list recording references) 0 Exempt from the fee per GC 27388.1(a)(1)"Not related to real property" ED Any real estate instrument,paper,or notice executed or recorded by the federal government in accordance with the Uniform Federal Lien Registration Act(Title 7(commencing.with.Section 2100)of Part 4 of the Code of Civil Procedure ❑✓ Any real estate instrument,paper,or notice executed or recorded by the state or any county,municipality,or other political subdivision of the state OFF-SITE PARIUNG AGREEMENT This Off-Site Parking Agreement (the "Agr went"), is made an entered into, as of �-7 timet c I-/- , )--o /y , by and between [/f��,� /wei4.�4-a ("Grantor"),and Grace Church of San Luis Obispo California,a California non-profit corporation("Grantee"). WITNESSETH WHEREAS, Grantor is the owner of that certain real property in the City of Arroyo Grande (the "City") located at /0 l,. L 644N.6 i 4-Arroyo Grande,California(the"Property");and WHEREAS,Grantee intends to operate a religious facility in the City at the real property located at 995 E.Grand Avenue,Arroyo Grande,California(the"Premises")but cannot provide the number of off-street parking spaces required by the City at the Premises; WHEREAS,the City has granted approval for operation of a religious facility at the Premises; WHEREAS,one condition-of said approval(Use Permit Application#2018-005)requires Grantee to maintain eighty-eight(88)additional off-site parking space(s)to service the Grantee year-round on Sundays between the hours of 7:00 a.m.and 1:00 p.m.(collectively,the "Service Hours"); — WHEREAS, Grantor is willing to provide said off-site parking on the Property during the Service Hours; and WHEREAS,Grantee desires to utilize parking spaces on Grantor's Property to satisfy,in whole or in part,the parking requirements for the uses operating on Grantee's Premises. NOW,THEREFORE, it is hereby mutually agreed by and between the parties as follows: 1. Grantor grants to Grantee,and Grantee accepts from Grantor,the right to use 14 ( ) parking spaces year-round on Grantor's Property for the non-exclusive use of Grantee,Grantee's employees, Off-Site Parking Agreement(Form)02-21-19 docx volunteers, members or visitors (collectively, the "Congregation") during the Service Hours. At its sole expense,Grantor shall maintain all parking spaces in good condition. At its sole expense,Grantee shall repair any damage to the identified parking spaces occurring during the Service Hours as a result of actions by members of the Congregation. 2. The parking rights granted herein shall continue for a minimum of two(2)years and shall be terminated on not less than one(1)year's prior written notice from Grantor to both Grantee and the City,or from Grantee to both Grantor and the City,and only after the City has received such notice. The notice shall be addressedas follows: To Grantor To Grantee: To the City: A.441-1-1.;'s 647/ /iaG1CC Grace Church of San Luis Obispo California City of Arroyo Grande Attn: �`� Attn: Attn:Planning Division l 011 (,r ,4- 1350 Osos Street 300 E.Branch Street 131oya Gr /C" 754W San Luis Obispo,CA 93401 Arroyo-Grande,CA 93420 3. Grantor and Grantee shall provide notice in writing of any change of ownership or change of address to the other party and to the City. 4. Grantee agrees and acknowledges that, in the event the parking rights herein granted are terminated,Grantee must,not later than the effective date of the termination,do one or more of the following such that the use of Grantee's Premises complies with the parking regulations of the City's Zoning Code: (a) Terminate the use of the.Premises that generates the unmet parking requirement; (b) Reduce the size of the use to one that generates.a-need for parking spaces,as set forth in City's Zoning Code,equivalent to the number of parking spaces available to the use on Grantee's Premises or by way of additional off-site parking agreements; (c) Obtain rights to use parking spaces, by way of one or more new off-site parking agreement(s),in a number equal to the number of parking spaces lost by the termination of this Agreement;or (d) Obtain a determination or other permission from the City allowing a reduction in the number of required parking spaces equivalent to the number of parking spaces available to the use on Grantee's Premises or by way of one or moreadditional off-site parking agreement(s),through the process and based on the criteria set forth in City's Zoning Ordinance for such a determination. 5. Grantee acknowledges that, should Grantee fail to perform in accordance with Section 4 above,the continued use of Grantee's Premises would be in violation of the City's zoning regulations and may subject Grantee to any and all remedies for violation of the Arroyo Grande Municipal Code. 6. This agreement shall run with the properties affected and shall be enforceable by and against their respective successors,authorized assignees,heirs and personal representatives. 7. As required by the City,additional information is attached to this Agreement and incorporated by reference as None. If none is required,write "none." 8. This Agreement shall be recorded in the County of San Luis Obispo Recorder's Office. [Signatures continue on the following page(s).1 Off-Site Parking Agreement(Form)02-21-19 docx IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year last written below. ALL SIGNATURES MUST BE NOTARIZED- "GRANTOR" Q� r Dated: -2 7/7 k'cir— ,,,, S ,'r rC/,5?"v(p a LU/IS 4 / By: ./ ✓ -S/+)eti-`f•• ,[Title] By: ,[Title] 7 /� "GRANTEE" 3 Dated: _)%g--I ", GRACE CHURCH OF SAN LUIS OBISPO, CALIF'.111-140,a ' ,' rnia non-profit corporation ir /74 07 ' Pat Curtis, ''sident By. _ % - o • ,Secretary Off-Site Parking Agreement(Form)02-21-19.docx CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC 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 c, L,s (_�,�,fpC__ }ss. On Ai evr 7 - ../ / before me, A , r�� 00 _ (here insert name and title of the officer), p-rsonally appeared _ is i: 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 and official seal. ' WOW L.fISNEtI' / y��• f• -;4110117.V Notary Public•anubmfa Notary P blic ;i�1."'cm San Luis Obispo count] �1-r, Commissions 2152971 My Comm.Expires May 19_2020( CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC 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 Califo is County of a c/U" IMO b C96TJ }ss. On I I O" C' i 0 -i'""1 r I before me, M e (XII A."-9 b i 0`)Wier, iW jM Ab\', (here insert name and title of the officer), personall(XIIy appeared° Tot-k- (/JLY{+st 'a-sok wi e*e. c,Q-o W/nv\ who proved to me on the basis of satisfactory evidece to be the person �js whose nam i /&r ed subscribed to the within instrument an cknowled to me that he/she/ e execu:d the same m-hisfher heir uthorized capacity i and that by his/her/ e signature on the instrument e perso I)or the entity upon be alf of which the perso s) cted,executed the mstrument. 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 and official seal. / / / / - , /q/17n,___ ``- •`MEGAN ANGELI O'DWYER Notary Public / F � .:-- M;y I Commission#2145834 c a. .tc '^';;;;ea Notary Public-California n ` :,, '� San Luis Obispo County '' it.^° M 22f 'i.;,;..:�'My Comm.Expires March 11,2020 2 Off-Site Parking Agreement(Form)02-21-19.docx 2 END OF DOCUMENT