The URL can be used to link to this page

Home My WebLink About2003-104055 ' " . JULIE RODEWALD mF 11 San Luis Obispo County—Clerk/Recorder 9/11/2003 RECORDING REQUESTED BY•l.�t� Racorded at the requesl af 8:00 AM � Chicago Title Company CITY OF ARROYO GRANDE D 0 C f#: 2003104055 Titles: 1 Pages: 4 Fees � 18.00 WHEN RECORDED MAIL TO: Othe s 0.00 CITY OF ARROYO GRANDE PAID ste.00 PUBLIC WORKS DEPARTMENT P O BOX 550 . ARROYO GRANDE CA 93421 A.P.N. 077-182-046 � AGREEMENT FOR MUTUAL AND RECIPROCAL USE AND MAINTENANCE OF DRIVEWAY AND PUBLIC UTILITIES EASEMENT AND DRAINAGE BASINS 1. This Agreement is made this�_day of , 2003, by and between BILLY D. SLTTTON, SR. and KATHLEEN SUTTON, sband and wife, owners of the real � property which after recording of the Final Tract Map will be parcels 1,2 and 3 of Parcel map AG 01-152 recorded on SCPi G�i'7F3c..� //, �0�3 in�'�"9/'cr«s3.s-3�/c{%�-rP��lc�S- Prior to recording of the Final Parcel Map,the properiy description was as follows: Lot 8, Block 3, Fair Oaks Tract, in the City of Airoyo Crrande, County of San Luis Obispo, State of California, according to map recorded November 18, 1926 in Book 3, at Page 83 of Maps, in the Office of the County Recorder of said County. EXCEPTING therefrom the Southerly 110 feet of said Lot 8. ALSO EXCEPTING therefrom the Easterly 12 feet of said Lot 8. 2. DRIVEWAY A. Parcels 1, 2 and 3 shall have shared use of the driveway on the west side of the property as described in said parcel map. Driveway use is limited to ingress and egress with no parking. B. Maintenance: Each parcel owner shall share in the maintenance and repair of the driveway unless damage to the driveway is caused by the negligent act of an owner. (1) Parcel 1 shall pay for 20%of the common driveway expense. (2) Parcel2 shall pay for 35%of the common driveway expense. (3) Parcel3 shall pay for 45%of the common driveway expense. 3. EASEMENT FOR PUBLIC UTILITIES A. Pazcels 1, 2 and 3 shall have the use of the driveway area on the west side of the Lot, as described in said Parcel Map for Public Urilities. B. Any Parcel Owner making repairs to, or adding utiliries shall pay all costs of returning the driveway to its original condition. 4. DRAINAGE BASINS A. The Drainage Basins on Parcels 1, 2 and 3 as indicated on the Pazcel Map are for the purpose of collecting water from all parcels, and water from various parcels may flow . across property lines into basins on other parcels. B. The Owners of Parcels 1, 2 and 3 shall maintain the drainage basins at the original depth and keep the basins free of debris. C. No drainage basin may be removed or filled in without an Amendment to this Agreement � recorded containing the written approval of the City of Arroyo Grande. � 5. OTHER PROVISIONS • ; A. The Easements described herein aze non-exclusive. ; B. Decisions to maintain or repair the driveway shall be made as a result of a meeting of all three Owners. � C. If any parly to this Agreement refuses to perform or fails after demands in writing to pay � the parties' share of the costs of any repair or maintenance expense, an action for specific performance, contribution, or any other appropriate action may be brought to against that party in a court of competent jurisdiction by other parties,�either jointly or severally. � D. Except as specifically provided for herein, any dispute between the owners using the Driveway described herein, as to maintenance costs shall be governed by the applicable provisions of California Civil Code Section 845 and/or any successor statutes that take the place of that statute. E. Each party is responsible for maintaining his own insurance for liability protection, personal injury,properiy damage, and other risks,which may occur by reason of this Agreement. � F. Any successors-in-interest to the undersigned and/or any subdivision of said Owners' property aeree to be equally liable for their share of the cost of maintenance of the roadways to be created in conjuncrion with th.is Agreement, and if a dispute arises between the Owners or their successors-in-interest over the payment or non-payment of such costs, the prevaili.ng party in the event of any litigation or arbitrarion shall be enritled , to all legal and court costs arising from said suit including reasonable attorney's fees as may . be allowed by such court of competent jurisdiction. The foregoing notwithstanding, the parties hereto may pursue if necessary, contributions from other property owners who use � the driveway described herein as provided by California Civil Code Secrion 845 andlor � any successor statute that takes the place of said statute. � � G. This Agreement in its entirety as recorded is binding notice to the benefit of the owners ; and future owners of the property herein affected, including any subdivisions thereof, as � well as the heirs,beneficiaries, legatees and successors-in-interest of the parties to this i Agreement. ' i H. This instrument shall be construed as a covenant running with the land upon which the , easement described herein applies, and shall bind and inure to the benefit of the respective � heirs,personal representatives, successors and assigns of the parties hereto. Additionally, i this instrument shall be recorded at the San Luis Obispo County Recorder's Office upon � its execution. i t , This Agreement is entered into on , 2003. � O RS OF PARCEL 1 OWNERS OF PARCEL 2 OWNERS OF PARCEL 3 � � ' ' �i � �� ILLY . SUTTON B LY . SLTTTON . L . SUTTON i � � � ��r . - HLEEN SUTTON KA EEN SUTTON I THLEEN S TON ; STATE OF CALIFORMA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On ''�2003,before me, I ,a Notary Public for t e State of 'fornia,personally appeared BILLY D.SiJTTON and THLEEN SUTTON ersonally known to m�r proved to me on the basis of satisfactory evidence to be the persons whose names are sub ribed to the within nstrument and acknowledged to me that they egecuted the same in their authorized capacities,aod that by their signatures on the instrument the persons,or the entities upon behalf of wluch the persons acted,ezecuted the instrument. WIT my han and ofticial seal. . � J. HARRIGAN � . U con�nti��m� . Q � � NOTARYPUBLIC-CALIFORNIA� tary Public g SAN LUIS OBISPO COUNTY n COMM.D(P.DEC.24,2006'' CALIFO�IA t., .� vi�}� .ta .;► ' �� :, �� c � ��.�d°�@J�� ' - . , � „ � �� t'• .� ? 'r. . ' '� �' S n�;�:i »�;, �. . ��l�l�� 9 L��9�l�lA�l�� STATE OF CALffORNIA ) COUNTY OF S�YI �(�r 1 Oloi SA l; ) On_S�v�n ,� 3� U�3 before me, �h C►'��, ��2� („1�� 1-��%"` (.�P� —- � DATE NAME,TITLE OF OFFICER-E.G.,"JANE DO OTARY PUBLIC personally appeared, �,��I�I T 1.7 Su--t,�or� -- (or proved to me on the basis of satisfactory evidence)to be the person(sj whose name(sj is/a�subscribed to the w►ithin instrument and acknowledged to me that he/�k+e/ � executed the same in his/f�ei� authorized capacity(�es), and that by his/he�eif- signature(s�on the instrument the person(-�},or the entiry upon behalf of which the person(sj a�ted, executed the instrument. WITNESS my hand and official seal. oEeoaAH�EE wEicHnv�Ea Commission# 1384436 `� ,-o • Notary Public - Callfornla ; • � San Luls Obispo County - � ,� h , .� ,GLJQ,�� /(.c�'Y�.c_. (SEAL) ►vlvcomrr,.F�q,IreSoe��.2006 NOTARY PUBLIC SIGNATURE kaC .i" �� `�� OP'Y'��N1�L �FOR�ATIOl� � .. � ;, s='r '• TITLE OR TYPE OF DUCUMEIYT �✓��W '�� ^ DATE OF DOCUMENT g �'�- � � NUMBER OF PAGES J SIGNER(S)OTHER THAN NAM£D ABOVE �� --�S�r� SLC -�'1i-� - � FNII f1F n[1l:I IMENT