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Home My WebLink About2001-058921,, , Recording requested by: City of Arroyo Grande -, .. � And when recorded, return to: D�� : �CC � -CSB� Ot�ticial Records San Luis 6bispo Co. Julie L. Rodewald Recorder Aug 07, 2001 Time: 08:12 Director of Administrative Services/Deputy Cify G�ertc �� City of Arroyo Grande P.O. Box 550, 214 East Branch St. Arroyo Grande, CA 93421 AGREEMENT AFFECTING REAL PROPERTY Rpt No: 00073747 ;RF -1 � i � � � � t � � ;TOTA� 22.00 22.00 This Agreement, dated June 25, 2001, for the convenience of the parties is made by and between the City of Arroyo Grande (herernafter "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 unit with a gross floor area of 638 square feet; and t WHEREAS, second residential dwelling units are permitted in the Agricultural District onfy with the approval and issuance of a conditional use permit by City after 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. 3. 4. 5. � � Either the primary residence or the second residential unit shall be occupied by the owner of the property. The second residential unit shall not be offered separately for sale. The occupant of the second residential unit shall have the use of one covered and one uncovered off-street parking space on the property. 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, MAY ATTEST: L�L�.(� Kelly We ore Director of Administrative Services/Deputy City Clerk APPROVED AS TO FORM: TIM THY J CARM , TTORNEY OWNER �.J.� OGL�� Disa Thorensen (Signature must be notarized) (Signature must be notarized) , � • �: � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californi ' � ss. County of On � Q � / U �`"��before me, � Date Name personally appeared �/ S� � , C �r u�, ��CAROL J. HATIUWAY Cammisston � 129�614 � Nai�ary PubRc — CaRfaMcl .. Scm i.ui� Oloispo Coun1Y Ccmrn. Feib�2005 OlBcer(e.g.,°Jane Q'personally 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/her/their signature(s) on the instrument the person(s), or the entity upon behatf of which the person(s) acted, executed the instrument. ESS my hand and offi�l seal. Place Notary Seal Above of OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document 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 Officer — Title(s): ❑ Partner — � Limited ❑ General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here OO 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Number of Pages: rroa. rvo. oau� Reoraer: �n�� w��-�� -m,�-�.�-��, '"� � EXHIBIT A SLO-74634-BARBARA VALVERDE DESCRIPTION: PARCEL 1: 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: � � BEGINNINCx AT THE 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, THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF WITHROW, NORTH 43°28'07" WEST, 531 FEET; THENCE PARALLEL WITH THE SOUTHEASTERLY LIN� 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 TNORTH 46°45' EAST, 266.04 FEET TO THE NORTHEASTERLY LINE OF SAID LAND OF WITHROW; 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 TFiE RANCHOS BOLSA DE CHEIVIISAL 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 A$ FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 7; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 7, NORTH 46°45' EAST, ?.92 FEET TO THE MBST 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 COUNTY, 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 WTTH 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) PAGE 4 � PARCEL 3: � SLO-74634-BARBARA VALVERDE 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 QF 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 CHEIV�ISAL IN SAID CITY, COUNTY AND STATE, 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 A WHOLE AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNBR OF SAID LOT 90, SAID CORNER BEING ALSO THE MOST WESTERLY CORNER OF SAID LOT 7; THENCE SOUTH 56 3/4° WEST ALONG THE NORTHWEST LINE OF SAID LOT 90, 490 FEET TO THE MOST SOUTHERLY CORNER OF LOT 33 OF THE RESUBDNISION OF A PART OF THE RANCHOS CORRAL DE PIEDRA. PISMO AND BOLSA DE CHEMISAL, AS SURVEYED BY R.R. HARRIS, NOVEMBER 1885; THENCE S�UTH 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 LINE OF THE A PUBLIC ROAD AND 704 FEET TO THE MOST SOUTHERLY CORNER OF LOT 33 OF THE RESUBDNISION 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 FE�'T; THENCE SOUTH 56 3/4° WEST, PARALLEL WITH THE FIRST COURSE, 704 FEET TO THE EAST LINE OF SAID PUBLIC ROAD AND 40 FEET TO THE SOUTHWEST LINE OF SAID 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. 'RK_ 1 1' a 0 EXHIBIT B \� . . " ' ` � � , , � ARROYO ---�� .,�_ — GRANDE CRK.. ni sr3ao•w O � /� 7 � � �� NEWSOM'S SUBDI V/S/ON Sco I •�. � r �� 9 ` � �' � � . a . �►5 y O �'�, Q� � � CJ \ v � ��. \ '"� � \ o� � \ � \ \ z� '�.s\ �\ �. 7) ) A - - --_ _ --� ..,, . - . GOR LOT 7 �' �6� y �'y: �.� �._._2oZ .v. e3•►� RD. ►NCHOS CORRAL DE P/EDRA, P/SMD AND �LSA DE CHAMJSAI., R.M. Bk. A, Pg. 65 EXHIBIT B �J 1�- 200� \ / � 1 � J � GOR �OT 90 = s � f � ' � _ � �;: CITY OF ARROYO GRANDE '`' ASSESSOR'S COUMY OF , OB OK 007��711 _� OR �fi�3` �,i