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Home My WebLink About1998-023001. ' -�► '° , Recording requested by: City of Arroyo Grande Doc No: 1998-023Q01 And when recorded, return to: City Clerk City of Arroyo Grande P.O. Box 550, 214 East Branch St. Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Apr 22, 1998 Time: 11:03 2�'' Rpt No: 00029498 RF -1 22.00 Anoyo Grande, CA 93421 � 6, ; _ ,TOTAL 22.00 AGREEMENT AFFECTING REAL PROPERTY This Agreement, dated Apri13, 1998, for the convenience of the parties is made by and between the City of Arroyo Grande (hereinafter "City") and Rudolph F. Bachmann and Ann Bachmann (hereinafter refened to jointly as "Owner"), based on the following facts: RECITALS WHEREAS, Owner is the fee owner of that certain parcel of real property (the "property") generally described as situated at 955 Branch Mill Road, Assessor's Parcel Number 007-731-004, City of Anoyo Grande, County of San Luis Obispo, California, more specifically described and depicted upon Exhibits "A" and "B" attached hereto and incorporated herein; and WHEREAS, the property is situated in the Agricultural (AG) zone within the City; and WHEREAS, the Owner will reside in a single family home on the property, and the Owner desires to construct a 640 square foot second residential unit on the property; and WHEREAS, second residential units are, as of this date, permitted in the Agricultural (AG) zone subject to the approval by the City of a Conditional Use Permit after public hearing has been held; and WHEREAS, after holding the required public hearing, the Planning �ommission of the City of Arroyo Grande approved Conditional Use Permit Case Number 97-558 (the "CUP") for a second residential unit on the property; and WHEREAS, the City's Development Code and the conditions of approval of the CUP requires that recorded notice be given of the restrictions that apply to second residential units in the City, NOW, THEREFORE, in consideration of the foregoing and the following mutual promises, covenants and conditions, the parties agree as follows: s:\fom�s.cdd\backmenn.up.mel , � , 1. 2. 3. 4. If either the primary residence or the second residential unit located on the property is rented, the other shall be owner occupied. The second residential unit located on the property shall not be offered for sale. The occupant of the second residential unit located on the property shall have the use of one covered parking space and one uncovered 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 A. K. "PETE" DOUGAL , MAYOR OWNER �— ,,.�� l , _ -�- _,� s= , '-.�• � �;. � �� ANNE E. BACHMANN ATTFST: . NANCY A. AVIS CITY CLERK APPROVED AS TO FORM: �� CITY ATTORNEY s:\frnma.cdd\backmenn.up.mel EXHIBIT "A" THAT PORTION OF LOT 4 OF THE LANDS OF D.F. AND ANNA NEW30M, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LOIS 08'ISPO, STATE OF CALIFORNIA, AS PER MAP RECORDED JUNE 5, 1891 IN BOOK A, PAGE 77 OF MAPS, DESCRIBED AS FOLLOWS: BEGINNING AT POST NfARKED "S.l" IN THE NORTT�WEST CORNER OF SAID LOT 4; THENCE ALONG THE NORTHWEST LINE OF SAID i3OT 4, SOUTH 46° 45' WEST, 214.5 FEET TO AN IRON PIPE AND BBI1� ON THE 1�3RTHEASTERLY LINE OF LAND GRANTED TO HIROAKI FUCHIWAKI, ET UX., IN DEED RECORDED=ALJCUST 14, 1951 I N BOOK 6 2 2, PAGE 2 5 0 OF OFF I C IAL RBCORDS ; THffi�iCE SOti�!'HFA.STERLY ALONG SAID LINE, SOUZ'H 43° 26' 44" EAST, iRECQRD = S4tTTH 42° 55' EAST? TO THE NORTHEASTERLY CORNER OF LAND G�i'.Ai+lTSD TO FRANCIS D. HENRY, ET UX., IN DEED RECORDED MAY 3, 1950 IN BOOK 563, PA,GE 91 OF OFFICIAL RECORDS AND CONTINUING ALONG SAID NORTHEASTBRLY LINE SOVTH 43° 26'.44" EAST, tRECORD = SOUTH 42° 55' EAST) A TO�TAL DISTAI�7CE OF 644.10 FEET (RECORD = 647.7 FEET) TO THE WESTERLY LINE OF THE ARR.OYO GRANDE AND HUASNA PUBLIC ROAD; THENCE ALONG SAID ROAD LINE, NORTH 46° 37' S5" EAST, 19 8. 2 6 FEET (�tECORD = NORTH 4 6° 4 5', F•I�ST 19 9. 3 FEET ) AND NORTH 3 6° 22' S0" EAST, 1b.5 FEET (RECORD = 36° 30', 16.5 FEET) TO THE SOLTTHEAST CORNER OF TR.ACT OF LAND GRANTED TO GFARGE W. SPEARS ET UX., IN DEED RECORDED OCTOBER 27, 1921 IN BOOK 148, PAGE 382 OF DEEDS; THEATCE ALONG THE SOUTHWESTERLY LINE OF LAST MENTiONED DEED NORTH 43° 26' 44" UdEST, 640.72 FEET (RECORD = 420 55' �+1EST, 64b.00 FEST� TO THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION .:v�..�aa��t�.�.�� HP AG �P F AG 0 �� ■ ' � t� - �=�-� �/1 � .� 11 �.:�� F� � ,. � �� A` . RH* � �� .� .�i . ♦ . .�i .� .` , '•' f i ''` � _� . .� . �� G� r . . � Conditional Use Permit No. 97-558 and Associa�ed Architectural Review 955 Branch Mill Road Rudy Bachmann EXHIBIT ��B�� - )�- STATE OF ralifornia COUNTY OF San Luis Obisuo On Aoril 13 1998 before me, $ Mitchell (Name, Title of Officer) personally appeared Rudoloh F Bachmann and Anne E Bachmann personalty known to me (or proved to`me on the basis of saftsfactory evideflce) to� be�tMe Pe�'sonls) whose namels) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitylies), 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. . (Signature of Notary Public) v �;�� URY �Y�tIC�CAUiORNIA � s� �w o�sPO cou�rr Q COMr. EX�. MARCN 1!, 2002 � (This area for notarial seal) ' w��wwA�C wi+�run�u� C11f�11AE1�IT GA1.1rvr�n�w w�� 'rvrzrvv� .+�•� -- -- -- State of California County of San Luis Obispo April 21 , 1 998 before me, Nancy A. Davis, City Clerk , On Date Name and Tdle of Otficer (e.g., "Jane Doe, Notary Public") personally appeared A• K. "Pete" Dougall, Mayor , Name(s) ot Signer(s) L�personally known to me – OR – � proved to me on the basis of satisfactory evidence to be the person(�'j whose name(,� is/a�e subscribed to the within instrument and acknowledged to me that he/s�ie�t�y executed the same in his/becl##�eir authorized capacityHes�, and that by his/�eir signature(� on the instrument the person(�, or the entity upon behalf of which the person(� acted, �� executed the instrument. �� * Cdlo�lo �tul��aolpoCa+�M + WITNESS my hand and official seal. N,� . Signature of Notary Public OPTIONAL Though the information belo fraudulen�remo�al e ttachment of th�form to anotherydocument document and could prevent Description of Attached Document Title or Type �Document: Document Date: Signer(s) Other Than Above: Capacity(ies) Claimed � igner(s) Signer's Name: ❑ Individual \ ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General 0 Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator � � ❑ �ther: Top of thumb here Signer Is Representing: Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer Title(s): �p Partner — ❑ Limited ❑ General r'I�A ttornev-in-Fact ❑ T�dgte ❑ Gua?d ❑ Other: or Conservator Signer Is Representing: o.,.,� ��.. �om Reorder. Call Toll-Free 1-800-876-6827 � 1995 National Notary Assooiation • 8236 Remmet Ave., P.O. Box 71 ea • c:anoga ranc, �n o�.w�-� �..� �_a�_��1 �h i i�i1� I-,.�-�-. i