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Recording requested by: v
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 93421
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Doc No : 1999-051946
Official Records
San Luis Obispo Co.
Julie L. Rodewald
Recorder
Jul 16, 1999
Time: 08:29
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Rpt No: 00064323
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AGREEMENT AFFECTING REAL PROPERTY
This Agreement, dated June 7, 1999, for the convenience of the parties is made
by and between the City of Arroyo Grande (hereinafter "City") and Dante Tomasini and
Yvonne Tomasini (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 148 South Alpine Street,
City of Arroyo Grande, County of San Luis Obispo, California, (A.P.N. 006-541-011)
more specifically described in Exhibit "ONE" attached hereto and incorporated herein
by this reference; and
WHEREAS, the property is situated in a Single Family Residential District within
the City; and
WHEREAS, Owner resides in an existing single family home on the property, and
Owner desires to construct a 640 square foot second residential unit; and
WHEREAS, second residential dwelling units are p�rmitted in thF Single Family
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 hearing, the Planning Commission
of City approved Conditional Use Permit Case Number 99-003 (the "CUP") for the
second residential unit; and
WHEREAS, the City's Developrrrent Code and the conditions of approval of the
CUP require that recorded notice be given of the restrictions that apply to second
residential dwelling units in the City.
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. Either the primary residence or the second residential unit shall be occupied by
the owner of the property.
3.
4.
5.
The second residential unit shall not be offered for sale.
The occupant of the second residential unit shall have the use of one covered
and one uncovered off-street parking space.
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
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MICHAEL LADY, A R
ATTEST:
,
Kelly et re
Administr ive Services Director
APPROVED AS TO FORM:
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EXHIBIT "ONE"
OWNER
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ANTE TOMASINI
(Signature must be notarized)
NNE TOMAS I
(Signature must be notarized)
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Order No. 120278
That portion of Lot 105 of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal
Subdivision by Jas. T. Stratton, September 1873, in the City of Arroyo Grande, County of
San Luis Obispo, State of California, according to map recorded in the office of the County
Recorder of said County, described as follows:
Beginning at the Southeast corner of Lot 14 of Block 16 of the Western Addition to the
Town of Arroyo Grande, according to map of said Addition recorded in Book B, Page 10 of
maps, records of said County; thence South 0° 09' East, 276.85 feet to the Southwest
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• • —' Order No. 120278
EXHIBIT "O E
That portion of Lot 105 of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal
Subdivision by Jas. T. Stratton, September 1873, in the City of Arroyo Grande, County of
San Luis Obispo, State of California, according to map recorded in the office of the County
Recorder of said County, described as follows:
Beginning at the Southeast corner of Lot 14 of Block 16 of the Western Addition to the
Town of Arroyo Grande, according to map of said Addition recorded in Book B, Page 10 of
maps, records of said County; thence South 0° 09' East, 276.85 feet to the Southwest
corner of the property conveyed to Douglas A. Bertrem, et ux., by deed dated March 5,
1951 and reco�ded March 23, 1951 in Book 602, Page 405 of Official Records, reco�ds of
said County, to the true point of beginning; thence continuing South 00° U9' East, 61.75
feet to the Northwest corner of the property conveyed to Charles E. Gann, et ux., by deed
dated April 21, 1947 and recorded April 24, 1947 in Sook 443, Page 42 of Official
Records, records of said County; thence North 89 ° 44' 20" East along the Northeriy line of
said property 351.19 feet to the Westerly {ine of Alpine Street extension as conveyed to
the City of Arroyo Grande by deed dated July 5, 1949 and recorded November 10, 1950
in Book 586, Page 61 of Official Records, records of said County; thence North 1° 10'
East along the Westerly line of said Alpine Street extension 61.75 feet to the Southeast
corner of the property conveyed to Douglas A. Bertrem, et ux., by deed aforesaid; thence
West along the Southerly line of the property so conveyed 351.19 feet to the true point of
beginning.
Excepting the�efrom that portion of said land lying Westerly of the Easterly line of the
property conveyed t Pete Wilson, et ux., by deed dated August 21, 1961 in Book 1 140,
Page 27 of Official Records.
Assessor's Parcel No: 006-541-01 1
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CAL,IFORNIA ALL-PURPOS�E ACKNOWLEDGMENT
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State of l,�k Ll -Fo � rJ ►!�
County of J f�lJ �,1,� l5 (� �� 5�
On �Q � a a ��� before me, Ll �o(L.� O7�}-(Z �,,c,g�,��
Date ame and Title of Oificer (e.g., "Jane Doe, Nota ublic") �
personally appeared tC - L • �/}�
Name(s) of Signer(s) '
�.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/heNtheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
� executed the instrument.
— Oown�laion s 1126pps
Nolry PItlC—G�Ibnit!
�� �� WITNESS r�y hand and official seal.
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Notary
OPTIONAL J v
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent remova/ 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(s)
Signer's Name: _ 1'1�1 i� In 1(� .�acl �r
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Consenrator � �.
❑ �th@f: Top of thumb here
Signer Is Representing:
C i -�-u o-� � rro�o
��and�.
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Number of Pages: J �
onn�-�CmaSirl
Signer's Name:
A ■
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited
Attorney-in-Fact
Trustee
Guardian or Conserv
Other:
■
■
■
■
■
Signer Is
❑ General
RIC�HT THUP9PPRINT
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Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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CALIFORN�IA
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ACK:N4WLEDGEMENT
STATE OF CALIFORNIA ) 1(�TMLEEp �, �
cc��r. s 1��e �
COUNTYOF _San Luis ObisDO ) �����n
co�. eu�. a�Pr. ��, sooz �
Q� June 11, 1999 before me , Kathle�n S. Frver �
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY Pt1BLIC"
personally appeared Dante Tomasini and Yvonne Tomasin�
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) islare subscribed to the within instrument and acknowledged ta me that he/she/
they executed the same in his/her/their authorized capacity(ies), and that by his/heNtheir
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) a�ted,
executed the instrument.
WITNESS my hand and official seal.
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NOTARY PUBLIC SIGNAT E
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OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT June 7, 19 99 NUMBER OF PAGES
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SIGNER(S) OTHER THAN NAMED ABOVE
END OF DOCU�IENT