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Home My WebLink About1999-041236. � �� 1.. � Recording requested by: 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 Rpt No: OGG51377 RF -i 22.u0 ;TOTAL ��•d� .'",� �� Doc No: 1999-041236 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Jun 08, 1999 Time: 15:45 � �� AGREEMENT AFFECTING REAL PROPERTY This Agreement, dated May 19, 1999, for the convenience of the parties is made by and befinreen the City of Arroyo Grande (hereinafter "City") and Kenneth D. Pineo and Donna J. Pineo (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 763 S. Traffic Way, City of Arroyo Grande, County of San Luis Obispo, Catifornia, (A.P.N. 007-631-027), more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the property is situated in the Rural Residential District within the City; and WHEREAS, Owner resides in an existing single family home on the property, and Owner desires to convert the existing single family home into a 640 square foot second residential unit (the existing single family residence is hereinafter referred to as the "second residential unit"); and WHEREAS, Owner desires to construct a new single family home (the "primary residence") on the property; and , WHEREAS, second residential dwelling 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 hearing, the Planning Commission of City approved Conditional Use Permit Case Number 97-556 (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 second residential dwelling units in the City. , , �", � � ' s , ,,_ 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. Either the primary residence or the second residential unit shall be occupied by the owner of the property. 3. The second residential unit shall not be offered for sale. 4. The occupant of the second residential unit shall have the use of one covered and one uncovered off-street parking space. 5. 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: OWNER: '�_--- � � MICHAEL , MAYOR KE NETH D. PINEO (Signature must be notarized) ATTEST: Kelly tm e Administrative Services Director APPROVED AS TO FORM: � TIMOT Y J. C M, CITY ATTO EY L.�.�v DONNA J. PINEO (Signature must be no#arized) , �.. EXHIBIT "A" Parce! 1: � Parcel 7 of Parcel Map AG-72-333, in the city of Arroyo Grande, county of San �uis Obispo, state of California, as per map recorded November 17, 1972 in Book 9. page 95 of Parcel Maps, in the office of the County Recorder of said county. Parcel 2: An easement for raad purposes to be used in common with others over that port+on of Lot 97 of the parts of the Ranchos Corral De Piedra, Pismo and Bolsa Oe Chamisal, in the city of Arroyo Grande, county of San Luis Obispo, scate of California, as per map recorded in Book A, page 65 of Maps, in the office of the County Recorder of said county, included within a strip of Iand 40 feet wide lying 20 feet on each side of the fot{owing described center line: Beginning. at the most easterly .corner of a parcel of land shown on a map recorded April 8, 1948 in Book 4, page 68 of Record of Surveys, in the office of the County Recorder of said county; thence south 65° Q1' 30" west, 74.10 feet to the point of beginning; thence south 46° 12' 30" east, 31.66 feet; thence on a curve to the left tangent to the last described course with a radius of 500 feet through a central angie of 37 ° 08' for a distance of 324.05 feet; thence south 83° 20' 30" east, 131.77 feet; thence on a curve to ihe right tangent to the last described course for a distance of 127.47 feet; thence south 46° 29' 30" east, 360.47 feet: thence south 52° 40` east, 26.36 feet. The side lines of said 40 fovt strip shall be prolonged or shortened ta terminate southeasterly in line bearing north 44° 45' east, which passes through the southeasterly terminus of the course hereinbefore recited as "south 52° 40' east". Except therefrom any portion of said land included within the lines of the land described in the deed to the State of California, �ecorded.December 7, 'i 955 as tnstrument No. 7 5137 in Book 828, page 333 of Official Records. Parcel 3: An easeme�t for road purposes to be used in comman with others over that portion of Lot 91 of the parts of the Ranchos Car�at De Piedra, Pismo and 6olsa De Chamisal, in the city of Arroyo Grande, county of San Luis ObispQ, state ofi Califarnia, as per map recorded in Book A, page 65 ot Maps, in the office of the County Recorder of said county, inctuded within a st�ip of land 20 feet wide, the southeaster{y line and southwesterfy line of which are described as follows: Beginning at a point at the most westerly corner of the land described in Parcel 1 of the deed to Corpo�ation of Presiding 8ishop of the Church of Jesus Christ of Latter Day Saints, recorded April 2, 1959 as Instrument No. 7237 in Book 99'E, page 459 of Officiaf Records; thence along the boundary of the land described in said Parcel 1 as follows: Norih 44° 45' east, 261.58 feei; South 52° 41' east, 281.66 feet; and South 42° 24' east, 79.39 feet. � f • . . �\ � � � � Parce! 4: An easement for driveway. purposes over the southerly corner of the property described as Parce( 1 in ihe certain Administrator's Deed dated January 29, 1985 executed by 8etty M. Lawier, et al., etc., to Rolland R. Coggeshall, et at., recorded as tnstrument No. 9452 on February 22, 'f 985 in Book 2679, page 607 of Officiaf Records, which Parcel 1 is hereafter referred to as "The Coggeshali Prvpe�ty", which easement shal! be appurtenant to Parcef 1 above i007-631-027), and shatl be 12 feet in width, and the souther3y fine of which easement shall intersect the southwesterly line of the Cogg�eshat! property. and shall intersect the southeasterty line of the Coggeshall property at a point which is 40 feet northeasterly of said southerly corner of the Coggesha8 property. Assessor's Parcel No: 007-637-027 r i � ti J 3 , • - � �t ' CALIFORNIA ALL-PURPO� ACKNOw �°' State of l; Q� a�of �1 i 4.. County of S0.r1 � S � b� 5 po personally appeared on CP - 7 9 before me, 'i1-t � 1+�t �¢.`�'Wtfll`t , N fita� Pt�b f: G Date ame and Title of Officer e. ' .w A • . � w . , ( 9•� ° �ane Doe, Notary Public") ❑ ❑ ❑ ❑ ❑ ❑ WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and cou/d prevent fraudulent remova/ and reattachment of this form to another document. Ml� � E� �D,.Nn��00t .dw or �ign9r(SJ " I�1 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a�e subscribed to the within instrument and acknowledged to me that he/sF�e/�ieg� executed the same in his/�e�ft+iei�� authorized capacity(ies), and that by � his/be�kh�n• signature(s) on the instrument the person(s), �� or the entity upon behalf of which the person(s) acted, � NorerPltllc—� � executed the instrument. 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: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney-in-Fact Trustee Guardian or Conservator /� Other: / � Signer Is � ,�� .,_......_, .,-•-- -- Number of Signer;S•l�ame: ❑ ❑ ❑ ❑ ❑ Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney-in-Fact Trustee Guardian or Conservator Other: RIGHT THUMBPRINT OF �IGNER .. . . Signer Is Representing: ..°..-.. �-�� , •=^"��o�...=., �.v. oua ��oq • canoga rarK, cq 91309-7184 Prod. No. 5907 Reorder. Call Toll-Free t-800-876-6827 ` � . � .--, --� �� . • I�I MID STATE BANK CALIFOItNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Luis Obispo On May 27, 1999 before me, K. A. Klempke, Notary Public, personally appeared Kenneth D. Pineo and Donna J. Pineo, ��p K. A. KLEMPKE � COMM. #1077087 ; f �.. � ' NOTARY PUBtIC - CALiFORNIA � SAN LUIS OBISPO COUNTY a My Comm. Expi►es Nov. 5, 1999 � 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. ' /! :� � '� . � �� ' i � � i i Though the data below is not required by law, it inay prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIlI�IED BY SIGNER (PRINCIPAL) ❑ Individual ❑ Corporate Officer DESCRIPTION OF ATTACHED DOCUMENT Agreement Affecting Real Property Title or Type of Document Title ❑ Partner(s) ❑ Attomey-in-Fact � Trustee(s) � Guardian/Conservator � Other: � Limited ❑ General Absent Signer (Principal) is Representing: ADM-005 (02/98) Number of Pages Date of Document Signer(s) Other Than Name(s) Above ---- END Q� DOCUMFNr