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HomeMy WebLinkAbout2013-038493 • , JULIE RODEWALD ASK • San Luis Obispo County—Clerk/Recorder 7/0312013 RECORDING REQUESTED BY: Recorded at the request of 8:82 AM FJRST,Ah1ERICkN TITLE COMPANY First American Title Company Dints: 2013038493 Tales 1 Pages 6 AND WHEN RECORDED RETURN City Clerk 1111_111111111111 Others 7�00 City of Arroyo Grande PAID $38.00 300 East Branch Street Arroyo Grande, CA 93420 FOR RECORDER'S USE ONLY ea(pErp -( NO RECORDING FEE—PUBLIC AGENCY RESTRICTIVE COVENANT WHEREAS, Wayne Jensen and Heather Jensen, as trustees of the Wayne and Heather Jensen Family Trust, dated February 21, 2002, (the "Jensens") are the owners of that certain real property located in the City of Arroyo Grande, County of San Luis Obispo, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto (the "Property"); and WHEREAS, the Jensens filed an application to adjust lot lines for seven (7) non- conforming lots located on the Property; and WHEREAS, the City Planning Commission approved Tentative Tract Map No. 08-002 and Conditional Certificate of Compliance No. 08-002 attached hereto as Exhibit "C" pursuant to Arroyo Grande City Planning Commission Resolution No. 09-2076 subject to a number of conditions of approval, including but not limited to the following conditions: Condition No. 20. Prior to recordation of the final map; the applicant shall record a deed restriction on that portion of the Property identified in Exhibit "C" as Lots 1, 2 and 7 stating that said lots may not be sold, conveyed or developed until al structures overlying lot lines are removed. Condition No. 26. Prior to recordation of the final map, the applicant shall record a deed restriction on that portion of the Property identified in Exhibit "C" as Lots 1, 2 and 7 stating that said lots may not be sold, conveyed or developed until the curb, gutter and sidewalk located on the May Street frontage are installed. The grades and alignments shall match existing ones and shall be subject to the review and approval of the Director of Public Works. Condition No. 27. Prior to recordation of the final map, the applicant shall record a deed restriction on that portion of the Property identified in Exhibit "C" as Lots 1, 2 and 7 stating that said lots may not be sold, conveyed or developed until overhead utility lines within the May Street frontage are placed underground. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged: • • , 1. We, Wayne Jensen and Heather Jensen, hereby declare and establish a restrictive covenant as follows: a limitation and restriction that the real property identified in Exhibit "C" as Lots 1, 2 and 7 shall not be sold, conveyed or developed until all structures overlying lot lines are removed in accordance with Condition No. 20 and until the curb, gutter and sidewalk located on the May Street frontage are installed in accordance with Condition No. 26 and until overhead utility lines within the May Street frontage are placed underground in accordance with Condition No. 27. 2. Notwithstanding any term or provision of this Restrictive Covenant, for the purposes of the Restrictive Covenant, the term sold, conveyed or developed shall exclude any transfers (i) described in California Revenue and Taxation Code Section 62, and (ii) to the direct descendants of the Jensens (e.g., children, grandchildren, and their children). Further, so long as the Property is not sold, conveyed or developed, applying for and obtaining a building permit for improvements to the existing single family residence located on lots 1, 2 and 7 that are typically allowed on single family residential lots by the City shall not trigger the need to comply with Section 1 of this Restrictive Covenant. / Dated as of this Ai day of, J144aeJy 2013. City of Arroyo Grande The Wayne and Heather Jensen Family Trust, dated February 21, 2002 .}•-) ,,(1 ,0tia'efin S N ADAMS, City Manager WAYNE A. ENSEN, tee ATfEpST:.`•1 I 4 a Ir j' /�� -" : ,i'Stir-- KELLY T . ORE, City Clerk HEATHER B. JENSE stee �.. :; �+� �;'�;�A�P,,I�QVfD�,4S TO FORM: TI HY J. CA;F�RAEL, City Attorney State of California ) County of / fAtS o bt r On oZ I 2013, before met S4.AiO Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(,) ose name : 412t:ee subscribed to the within instrument and acknowledged to me that helthey executed the same in ereir authorized capacity(ies), and that by erftheir signatures) on the instrument the person(s4), or the entity on behalf of which the person,(a`A acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SANDI FARRELL ;ce � Commission c 1890184 i / z q'q, rka• Notary Public-California Signature „� ��, [Seal] z `��I San Luis Obispo County M Conun. ues Jun 16,2014 ) State of California ) County of licks O Iwo -/- On ?do 21 2013, before me, de. r 2. i-C_ Notary Public, personally appeared „ •. • L - - , who proved to me on the basis of satisfactory evidence to be the person(%) whos- name Is re subscribed to the within instrument and acknowledged to me that • : r - - ecuted the same in -'-frr/r • -ir authorized capacity(ies), and tha .y er% -7 signature(s)"on the instrument the person(s), or the entity on behalf of which the person(%) 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. SANDI FARRELL ai ria Canardsslon• 1890184 iyS' Notary Public-California Signature [Seal] i ,p)9 San Luis Obispo County 7- nn_ MyCamm.EsplrasJun16_20144 RESTRICTIVE COVENANT EXHIBIT A That real property, in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows. Lots 1 through 7 inclusive, of Tract 3037, filed for record, JULAI 3 , 20 13 , in Book 33 of Maps, Page /3--15 , records of said County. The above described real property is shown on EXHIBIT B, attached hereto and made a part hereof. This description was prepared by me in conformance with the requirements of the Professional Land Surveyors Act. 672`nt c �deCi-C 07.01. 2oi3 Robert J. Reese, LS 6208 date 0O LAND 80 S A ( to 9 20)4- LS6208 Al D 07.01 . 7013 Jul 1, 2013 C:\1 JOBS\1015 jensen\final map\1015—exhibits.pro Tract 3037 A Subdivision of Lots 4,6,6,19,20,21,22 ° a of Block B of the Is Point Addition to the City of Arroyo Grande • BMaps7 r. In the City of Arroyo Grande, n County of San Luis Obispo, State of California May 2013 o i ° I I AL O N / e .RaAlr°ad o ° pCgR R� e0 Ptcle ffl ti�o��� 00 Lot 6 „' 0 Lots — CoC o u+ o>✓e 1 Lot CoC 2005- N o S � ii. Qeseo Lot9 .;•• ..........•� 18 0 018578(g�2892(B) tl BLOCK B e0 lv ✓•� CoC BLOCK A 0':': ✓ X2005— CoC 1� -3 BLACK B 1 X028544 2005— CoC 0 © �� Lott Lott Lot? I 028545 2002— CoC m ® O O 0 018578 2005— 0 d 6' i. Ilmw c4 1 0 E Wes 0_Z r m d .4 -0 4 el g'3 ) May Street �0 Lot D F45 i .... ei NI$I a 0 BLOCK C 3 ;° 0 BLOCK D RESTRICTIVE COVENANT EXHIBIT C .....-- .......+___...-- R / /�c�r'. I P CRR /150,5e e. i f,- • Tract c 037 Lot 6 1 1 Lot 5 I I Lot 4 Lot 3 I I I I ® EIS E I •V �.. \.� I CoC o -0 '-- i i 2005- 6 028544 'cc Hook g Lot 2 Lot 1 Lot 7 N , tt LAND 8fr 9 0 3 ract 303 ,�'�� `A; E ., , No .. °c • li'14 15608 , . oc d i� • • o s �7.O�.Z0/3 7 • May Street 0 RESTRICTIVE COVENANT REESE 0 /I LOTS 1,2 & 7 Water a TRACT 3037 in �/ NJ& Land N I Graphic Scale 1'= 50' SURVEYING SERVICES 11 1970 Partridge Drive 0 50 100 San IS g05 543.5375 END OF DOCUMENT