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RECORDING REQUESTED BY
AND WHEN RECORDED, RETURN TO:
William W. Hatcher
Law Offices of William W. Hatcher
114 Pierce Street
Santa Rosa, CA 95404
Space above this line for Recorder’s Use only
SHARED DRIVEWAY AGREEMENT
THIS SHARED DRIVEWAY AGREEMENT (the “Agreement”) is made and entered into as of this __ day of April 2025 by and between Synergy Acacia LLC, a California limited liability company (collectively, the “Lot 32 Owner”), on the one hand, and Synergy Acacia LLC, a California limited liability company (collectively, the “Lot 33 Owner”), on the other hand, sometimes hereinafter collectively referred to as “the parties.”
RECITALS
WHEREAS, the Lot 32 Owner is the owner of that certain real property located at____________________, Cotati, California, 94931, and more particularly described in Exhibit A attached hereto and incorporated herein by reference (hereinafter referred to as “Lot 32”); WHEREAS, the Lot 33 Owner is the owner of that certain real property located at______________________, Cotati, California, 94931, and more particularly described in Exhibit B attached hereto and incorporated herein by reference (hereinafter referred to as “Lot 33”); WHEREAS, the Lot 32 is adjacent to Lot 33 and the two Lots share a common driveway (the “Shared Driveway”);
WHEREAS, the parties now desire to establish a shared driveway agreement whereby each Lot Owner and their successors and assigns shall have the right to use the portions of the Shared Driveway located on the other Lot Owner’s property and agree to equally share the maintenance costs of the Shared Driveway as more fully described hereinbelow:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
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AGREEMENT
1. The Lot 32 Owner and the Lot 33 Owner hereby grants unto each other and the other’s successors and assigns, subject to encumbrances of record, non-exclusive easements which will run with the land to use the portion of the Shared Driveway located on each other’s Lot for purposes of access to and from the garages located on each Lot. At no time will either Lot Owner park vehicles on or otherwise obstruct in any way all or any portion of the Shared Driveway.
2. The Lot 32 Owner and the Lot 33 Owner shall share equally the costs of maintaining the Shared Driveway in its current condition, free of any potholes or other damages.
Notwithstanding the foregoing, in the event either Owner or their tenants, contractors, agents, guests or invitees causes excessive damage to the Shared Driveway, such Owner shall be exclusively responsible for the costs of repairing such damage.
3. The Lot 32 Owner and the Lot 33 Owner shall indemnify and hold each other harmless from and against any and all liabilities, claims, demands, expenses, judgments or costs of any kind resulting from the use of the portion of Shared Driveway by each Owner, its tenants, contractors, agents, guests and invitees.
4. Any dispute arising among the parties as to this Agreement which cannot be resolved after consultation among the parties, or their duly appointed representatives, shall be submitted to arbitration in accordance with provisions of Section 1280, et seq., of the California Code of Civil Procedure as such provision may from time to time be amended or otherwise in effect.
5. If any legal, equitable or administrative proceedings are brought to enforce this Agreement, the prevailing party shall be entitled to an award of court costs and attorneys’ fees as determined by the adjudicating body of such proceedings.
6. It is the intention of the parties that this Agreement is to be considered a covenant and equitable servitude running with and appurtenant to Lot 32 and Lot 33 in perpetuity and is binding on the Lot 32 Owner and the Lot 33 Owner as well as their grantees, successors and assigns, and the sale or conveyance of either Lot 32 or Lot 33 shall be expressly made subject to the terms and conditions contained here.
7. The provisions hereof shall be deemed independent and severable, and the invalidity or unenforceability of any one provision shall not affect the validity or enforceability of any other provisions hereof.
8. As used herein, the singular shall include the plural and the masculine shall include the feminine.
9. This Shared Driveway Agreement may only be modified by a writing, duly executed, acknowledged and recorded by the then-current owners of Lot 32 and Lot 33.
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10. Mutual ownership of both Lot 32 and Lot 33 shall not operate as a merger or in any way affect the enforceability of this Shared Driveway Agreement. The parties and/or their successors in interest shall cause to be re-recorded this Shared Driveway Agreement if and to the extent required by any title company handling the sale or transfer of Lot 32 or Lot 33 in order to continue its effectiveness.
EXECUTED as of the day and year first hereinabove written at Sonoma County, California.
LOT 32 OWNER: SYNERGY ACACIA LLC, a California limited
liability company
By: ______________________________
Its: _______________________________
LOT 33 OWNER: SYNERGY ACACIA LLC, a California limited
liability company
By: ____________________________________
Its: _____________________________________
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SONOMA )
On April ____, 2025, before me, ________________________, Notary Public, personally appeared _________________________, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
____________________________________
Notary Public
State of California