HomeMy WebLinkAbout2000-053612• � � �Doc No : 2000-05 2
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Recording requested by: ` Off i ci al Records
San Luis Obispo Co.
City of A�royo Grande J u 1 i e L. Rodewa 1 d
Recorder
Sep 19, 2000
And when recorded, return to: T��' >>' a4
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Director of Administrative Services/Deputy �ity�Terk -- -� "
City of Arroyo Grande
P.O. Box 550, 214 East Branch St.
Arroyo Grande, CA 93421
Rpt No: 00070855
;RF -1 16.00
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AGREEMENT AFFECTING F�EAL PROPERTY
This Agreement, dated September 8, 2000, for the convenience of the parties is
made by and between the City of Arroyo Grande (hereinafter "City") and Jerry and
Virginia Fogleman (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 283 James Way, City of
Arroyo Grande, County of San Luis�bispo, California, (A.P.N. 007-022-025) more
specifically described in Exhibit "A" attached hereto and incorporated herein by this
reference; and
WHEREAS, the property is situated in a Rural Residential District within the City;
and
WHEREAS, Owner desires to build a 684 square foot attached second
residential unit with a gross floor area of 632 square feet; and
WHEREAS, second residential dwetling units are permitted in the Rural
Residential District only 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
approved Conditional Use Permit Case Number 00-010 (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.
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2.
3.
4.
5.
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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
,
MICHAE L , OR
ATTEST:
OWNER
Jer Fogleman
ignature must be notarized)
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ignature m notarized)
Kelly et re
Director of Administrative Services/Deputy City Clerk
APPROVED AS TO FORM:
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MOT J CA MEL, CITY ATTORNEY
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Luis Obispo
On September 8, 2000 before me, K. A. Klempke, Notary Public, personally appeared Jerry Fogleman and
Virginia Fogleman,
K. A. KLEMPKE �
O ..�.. COMM. �!1238026
� NOTARY PUBLIC•CALIFORNIA �
� rrnn SAN LUIS OBISPO COUNTY O
My Comm. Expirss Nov. 5, 2003 �
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL�
❑ Individual
❑ Corporate Officer
Title or Type of Document
❑ personally known to me - OR -� 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.
WITNESS my hand and official seal.
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DESCRIPTION OF ATTACHED DOCUMENT
Agreement Affecting Rea1 Property
Title
❑ Partner(s)
❑ Limited
❑ General
Number of Pages
❑ Attorney-in-Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Absent Signer (Principal) is Representing:
ADM (06/00)
Date of Document
Signer(s) Other Than Name(s) Above
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PARCEL 1:
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EXHIBIT "ONE�
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Order No. 129036
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Parcel B of Parcel Map No. AG-84-043, in the City of Arroyo Grande, County of San Luis
Obispo, State of California, filed for record November 9, 1984 in Book 36, Page 5 of Parcel
Maps, in the office of the County Recorder of said County.
PARCEL 2:
• An easement for water well and underground water pipeline and underground electrical
wires and rights incidental thereto over and across the Southeasterly 10 feet of Parcel 4 of
Parcel Map No. AG-70-16, in the City of Arroyo Grande, County of San Luis Obispo, State
of California, filed for record March 12, 1970 in Book 4, Page 57 of Parcel Maps, in the
office of the County Recorder of said County.
EXCEPTING therefrom that portion as conveyed to the City of Arroyo Grande, by deed
recorded March 11, 1970 in Book 1557, page 253 of Official Records.
Assessor's Parcel No: 007-221-025
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