HomeMy WebLinkAbout2013-042226RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Arroyo Grande
Attn: City Clerk
300 East Branch Street
Arroyo Grande, CA 93420
JULIE OD WAL
San Luis Obispo county— clerk/Recorder
Recorded at the request of
Public
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7/19/2013
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Titles: 1 Pages: 8
Fees
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Taxes
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Others
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PAID
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No Recording Fee — Public Entity
DECLARATION ESTABLISHING RECIPROCAL EASEMENTS
This Declaration Establishing Reciprocal Easements ( "Declaration ") is made as of this
19th day of June, 2013 by NKT Development, LLC ( "NKT ") a California limited liability
company with reference to the following facts:
A. NKT is the owner of certain real property located in the City of Arroyo Grande, County
of San Luis Obispo, State of California, consisting of not less than ten separate parcels and more
particularly described in Exhibit "A" attached hereto and incorporated herein by this reference
(the "Property"), The underlying parcels are proposed to be merged into the two (2) parcels
shown as Proposed Parcel 1 and Proposed Parcel 2 as depicted on in Exhibit "B ".
B. At its July 17, 2012 meeting, the Planning Commission of the City of Arroyo Grande
( "City ") conditionally approved Lot Merger 12 -001, Variance 12 -002 and Conditional Use
Permit 12 -004 authorizing the development of a phased mixed -use project consisting of a 9,754
square foot neighborhood market and future residential development of 0.92 acres (the
"Project ").
C. Condition of Approval No. 13 (the "Condition ") for the Project requires that certain
easements be created upon, over, across and through a portion of the Property.
NOW THEREFORE, in order to satisfy and comply with the Condition on the Project, and to
enhance and protect the value of the Property, NKT hereby declares, covenants and agrees as
follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
this reference.
2. Declaration. NKT hereby declares that the Property is and shall be held,
conveyed, sold, hypothecated, encumbered, leased, rented, used and occupied subject to the
covenants, conditions, restrictions, reservations, easements, rights and servitudes set forth in this
Declaration, all of which are declared and agreed to be for the purpose of protecting the value of
the Property. The provisions set forth in this Declaration are imposed upon the owners of the fee
title to the Property for the benefit of the Property and the owners thereof. The declarations set
forth herein shall be a burden upon and benefit the Property, the owners thereof and their
respective heirs, successors and assigns and are intended as and hereby declared to be covenants
running with the land, as well as equitable servitudes of the land.
3. Ingress and Egress Easement. Each owner of the parcels underlying Proposed
Parcel 1 and Proposed Parcel 2, its tenants, licensees, customers and invitees, shall have a
perpetual, non - exclusive reciprocal easement upon, over, across the portions of those two
Proposed Parcels as more particularly depicted as "Driveway(s)" on Exhibit `B" attached hereto
and incorporated herein by this reference (the " Access Easement ") for the purpose of ingress
and egress by vehicular and pedestrian traffic.
4. Reciprocal Parking Easement. Each owner of the parcels underlying Proposed Parcel
1 and Proposed Parcel 2, its tenants, licensees, customers and invitees, shall also have a
perpetual, non - exclusive reciprocal easement upon, over, across the portions of those two
Proposed Parcels as more particularly depicted as the "Future Parking Area" on Exhibit "B"
attached hereto and incorporated herein by this reference (the " Parking Easement ") for the
purpose of, vehicular parking.
5. Drainage Easement. Each owner of the parcels underlying Proposed Parcel 1 and
Proposed Parcel 2, shall have a perpetual, non - exclusive reciprocal easement for water drainage
upon, over, across the portions of those two Proposed Parcels as more particularly depicted as
the "Future Storm Drain" on Exhibit "B" attached hereto and incorporated herein by this
reference (the " Drainage Easement ") for the purpose of water drainage.
6. Trash Receptacle Easement. That the owner of each of the parcels underlying
Proposed Parcel 1 and Proposed Parcel 2, shall have a perpetual non- exclusive reciprocal
easement for common use of the "Future Trash Enclosure"
depicted on Exhibit `B ", together with the right of ingress and egress to such area for purposes of
maintaining trash receptacles, access to, and servicing the same (the "Trash Enclosure
Easement ").
7. Free Access. No owner shall erect or install barricades or other improvements on
its Lot which unreasonably interfere with the easements established and granted herein, except as
may be necessary in order to maintain and/ or repair the easements.
8. Repair and Maintenance. Except as otherwise herein provided, the owner of each
parcel ( "Owner ") is obligated to repair and maintain at its sole cost and expense its own
2
respective parcel, including any portion of the private easement improvements as may be located
on its respective parcel. In the event of any damage or destruction to the private easement area
improvements, the Owner of the parcel in which the affected private easement improvements are
located shall be responsible for the restoration and repair or that portion of the private easement
improvements on said Owner's parcel with all due diligence as possible to at least as good
condition as it was immediately prior to such damage or destruction. Nothing herein shall be
deemed to preclude such Owner from seeking to recover the costs of such restoration and repair
from any party, person or entity who caused such damage or destruction. Notwithstanding the
foregoing, all Owners who authorized to, and utilize the Trash Enclosure Easeement shall be
equally responsible to maintain the enclosure area in a clean and sanitary condition.
9. Insurance. Each Owner agrees to maintain, and/or cause to be maintained, at no cost to
the other Owner, commercial general liability insurance insuring its interests hereunder against
claims, causes of actions or for personal injury, bodily injury, death and property damage
occurring on, in or about the parcels, with a "Combined Single Limit" (covering personal injury
liability, bodily injury liability and property damage liability) in commercially reasonable
amounts and in no event in an amount of not less than One Million Dollars ($1,000,000.00) for
total claims for any one occurrence.
10. Attorney's Fees. In the event of any action between or among the Owners for
breach of or to enforce any provision or rights under this Declaration, the unsuccessful Owner
such action shall pay to the successful Owner all costs and expenses including, but not limited to,
reasonable attorney's fees incurred by the successful Owner in connection with such action.
"Successful Owner" shall include, without limitation, a party who brings an action after the
other's breach or default and such action is dismissed upon the other party's payment of the sum
allegedly due or performance of the covenant allegedly breached or the non - defaulting party
obtains substantially the relief sought by it in the action.
11. Modification. No modification, waiver, amendment, discharge, or change of this
Declaration shall be valid unless the same is in writing, signed by all the Owners and by the
Planning Director of the City of Arroyo Grande or his or her designee and recorded in the
official records of San Luis Obispo County, California.
12. Exhibits. All Exhibits referenced in this Declaration and attached hereto are
incorporated by reference into this Declaration.
13. Severability. Invalidation of any one of the provision of this Declaration by
judgment or court order shall in no way affect any other provision, all of which shall remain in
full force and effect.
14. No Merger of Interests. The rights and interest of NKT under this Declaration as
the owner of the Property are separate and distinct as between the parcels. The fact that all
interest in the parcels are, as of the date of this Declaration, vested in NKT, will not cause a
merger of those interest or any extinguishment of this Declaration or the rights created by this
Declaration. It is intended that no such merger occur and this Declaration remain in full force
and effect from and after the date hereof.
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IN WITNESS WHEREOF, OF, this Declaration shall be deemed made as of the first date set forth
above.
NKT Development, LLC
By:
Nicholas J. Tompkins
Its: Managing Member
ACKNOWLEDGMENT
STATE OF CALIFORNIA
) ss
COUNTY OF SAN LUIS OBISPO )
On (date), before me, N4 (1� "J Notary Public,
personally appeared i who proved to me' on the basis of
satisfactory evidence to be the person(s) whose name(gyj5/abe subscribed to the within instrument
and acknowledged to me that ,.I jsb6they executed the same in heir authorized
capacity(ies), and that b
*s/ &/their signature(s) on the instrument the person(s) or the entity upon
behalf of which the person(g) 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.
VT,
f N (Seal)
Description of Attached Document
Title or Type of Document:
Document Date:
12
Escrow No.:
Locate No.: CAFNT0940- 0940 - 0053 - 0405301057
Title No.: 13- 405301057 -DWL
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ARROYO GRANDE, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 1: (APN: 007 - 202 -014)
That portion of Lot 75 of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal, in the City of Arroyo
Grande, County of San Luis Obispo, State of California, according to map recorded in Book A, Page 65 of
Maps, in the office of the County Recorder of said County, described as follows:
Beginning at Post marked W. H. No. 2 standing in the Northwesterly line of the County Road (Branch Street)
at the most Easterly corner of the property conveyed to William Hemphill by deed recorded May 15, 1876 in
Book H, Page 425 of Deeds; thence North 290 West along the Northeasterly line of the property so
conveyed, 156.5 feet; thence along the Southeasterly line of land described in the deed to Hugh Olen Pope,
Jr., et ux, recorded January 17, 1955 in Book 787, Page 256 of Official Records; thence North 610 East, 75
feet to a point on the Southwesterly line of Block 39 of Beckett's Crown Hill Addition, according to map
recorded June 19, 1905 in Book A, Page 57 of Maps; thence South 290 East along the Southwesterly line of
said Block 39 of Beckett's Crown Hill Addition, 156.5 feet to a point on the Northwesterly line of the County
Road (Branch Street); thence South 610 West along the Northwesterly line of said County Road (Branch
Street), 75 feet to the point of beginning.
PARCEL 2: (APN: 007 - 202 -026)
Parcel 2 as shown on Certificate of Compliance Lot Line Adjustment AGAL 11 -0084, as evidenced by
document recorded November 23, 2011 as Document No. 2011059843 of Official Records, being more
particularly described as follows:
That portion of Lot 75 of the Map of Parts of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal, in
the City of Arroyo Grande, County of San Luis Obispo, State of California, according to the map by Jas.
Stratton, September 1873, filed for record in Book A, Page 65 of Maps, in the office of the County Recorder
of said County, described as follows:
Beginning at a point in the Northeasterly line of that property described in deed to Wm Hemphill filed for
record May 15, 1876 in Book H, Page 425 of Deeds at the most Northerly corner of Lot 5 according to Map
of Property of J.S. Harden, Esq. filed for record November 17, 1901 in Book B, Page 9 of Maps, said point
being distant North 290 00' 00" West 156.00 feet from the most Easterly corner of said Lot 5 as shown on
said map; thence along said Northeasterly line South 291 00' 00" East 89.00 feet to the true point of
beginning; thence North 610 00' 00" East 75.00 feet to a point in the Southwesterly line of Block 39 of
Beckett's Crown Hill Addition according to map filed for record June 19, 1905 in BookA, Page 57 of Maps;
thence along said Southwesterly line of Block 39, South 290 00' 00" East 61.00 feet; thence South 400 26'
03" West 80.11 feet to a point in said Northeasterly line; thence North 291 00' 00" West 89.14 feet to the
true point of beginning.
Exhibit Page - Legal(exhibit)(08 -07) Page 1 of 3
PARCEL 3: (APN: 007 - 202 -027)
Parcel 3 as shown on Certificate of Compliance Lot Line Adjustment AGAL 11 -0084, as evidenced by
document recorded November 23, 2011 as Document No. 2011059843 of Official Records, being more
particularly described as follows:
That portion of Lot 75 of the Map of Parts of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal, in
the City of Arroyo Grande, County of San Luis Obispo, State of California, according to the map by Jas.
Stratton, September 1873, filed for record in Book A, Page 65 of Maps, in the office of the County Recorder
of said County, described as follows:
Beginning at a point in the Northeasterly line of that property described in deed to Wm Hemphill filed for
record May 15, 1876 in Book H, Page 425 of Deeds at the most Northerly corner of Lot 5 according to Map
of Property of J.S. Harden, Esq. filed for record November 27, 1901 in Book B, Page 9 of Maps, said point
being distant North 290 00' 00" West 156.00 feet from the most Easterly corner of said Lot 5 as shown on
said map; thence along said Northeasterly line, South 290 00'00" East 89.00 feet; thence North 610 00'00"
East 75.00 feet to a point in the Southwesterly line of Block 39 of Beckett's Crown Hill Addition according to
map filed for record June 19, 1905 in Book A, Page 57 of Maps; thence along said Southwesterly line South
290 00' 00" East 61.00 feet to the true point of beginning; thence South 400 26' 03" West 80.11 feet to a
point in said Northeasterly line; thence along said Northeasterly line, South 290 00' 00" East 52.86 feet to
the most Southerly corner of that property described in deed to Hugh Olen Pope, Jr. and Florence Eleanor
Pope filed for record January 17, 1955 in Book 787, Page 256 of Official Records; thence along the
Southeasterly line of said property North 610 00' 00" East 75.00 feet to said Southwesterly line of Block 39;
thence along said Southwesterly line of Block 39, North 290 00' 00" West 81.00 feet to the true point of
beginning.
PARCEL 4: (APN: 007- 202 -019 - portion)
The West half of that portion of Tally Ho Street as shown on the map of Beckett's Crown Hill Addition to the
Town of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California,
according to map recorded in Book A, Page 57 of Maps, in the office of the County Recorder of said County,
which was abandoned by Resolution No. 167 of the City Council of the City of Arroyo Grande, a certified
copy of which was recorded November 20, 1953 in Book 734, Page 255 of Official Records, in the office of
the County Recorder of said County, bounded as follows:
Bounded Southwesterly by the Southwesterly line of said Tally Ho Street; Bounded Southeasterly by the
Southwesterly prolongation of the Southeasterly line of Lot 1 in Block 38 of said Beckett's Crown Hill
Addition; Bounded Northeasterly by the Southwesterly lines of Lots 1, 29, 28, 27 and 26 in said Block 38,
and the Northwesterly prolongation of the Southwesterly line of said Lot 26; Bounded Northwesterly by the
Southwesterly prolongation of the Southeasterly line of Lot 25 in said Block 38.
PARCELS: (APN: 007 - 202 -019 - portion)
All of Block 39 of Beckett's Crown Hill Addition to the Town of Arroyo Grande, in the City of Arroyo Grande,
County of San Luis Obispo, State of California, according to map recorded in Book A, Page 57 of Maps, in
the office of the County Recorder of said County:
Excepting therefrom Lots 10, 11, 12, 13, 14 and 15.
Exhibit Page - Legal(exh !bit) (08-07) Page 2 of 3
PARCEL 6: (APN: 007 - 202 -024 -portion)
Lot 9 as per Swall's Resubdivisions, in the City of Arroyo Grande, County of San Luis Obispo, State of
California, according to Record of Survey recorded in Book 1, Page 114 of Record of Surveys, in the office of
the County Recorder of said County.
PARCEL 7: (APN: 007 - 202 -024 - portion)
Lots 2, 3 and that portion of Lot 4 of the property of J. S. Harden, in the City of Arroyo Grande, County of
San Luis Obispo, State of California, according to map recorded in Book B, Page 9 of Maps, in the office of
the County Recorder of said County, described as a whole as follows:
Beginning at a point on the Northwesterly line of Branch Street as shown on said map which is South 610
West, 47 feet from the Stake marked "W. H. No. 2 "; thence North 290 West and parallel with the
Southwesterly line of said lots, 181.5 feet to the Northwesterly line of said Lot 4; thence South 610 West, 72
feet to the most Northerly corner of Lot 9, as shown by Swall's Resubdivision of part of Hamphill Tract as
shown by Record of Survey Map, Book 1, Page 114 of Record of Surveys; thence Southeasterly along the
Northeasterly line of said Lot 9, 181.5 feet to the Northwesterly line of said Branch Street; thence North 610
East, 72 feet to the point of beginning.
PARCEL 8: (APN: 007 - 202 -024 - portion)
That portion of Lot 4 according to map of property of J. S. Harden, Esq., in the City of Arroyo Grande,
County of San Luis Obispo, State of California, according to map recorded November 27, 1901 in Book B,
Page 9 of Maps, in the office of the County Recorder of said County, described as follows:
Commencing at a point on the Northwesterly line of Branch Street as shown on said map, which is South
610 West, 43 feet from a Stake marked "W. H. No. 2 ", said point also being the most Southerly corner of
the property conveyed to William H. Smith, by deed dated January 12, 1920 and recorded January 16, 1920
in Book 135, Page 191 of Deeds; thence North 290 West and parallel with the Southwesterly line of said lot,
and along the Southwesterly line of the property conveyed to said Smith, 181.5 feet to the Northwesterly
line of said lot; thence South 610 West along said Northwesterly line, 4 feet; thence South 290 East and
parallel with the Southwesterly line of said Lot, 181.5 feet to the Northwesterly line of Branch Street as
aforesaid; thence North 610 East along said Northwesterly line, 4 feet to the point of commencement.
PARCEL 9: (APN: 007 - 202 -024 - portion)
That portion of Lot 4, according to map of the property of J. S. Harden, Esq., in the City of Arroyo Grande,
County of San Luis Obispo, State of California, according to map recorded November 27, 1901 in Book B,
Page 9 of Maps, in the office of the County Recorder of said County, described as follows:
Commencing at a point on the Northwesterly line of Branch Street, South 610 West, 19 feet from a post
marked "W. H. No. 2 "; thence at right angles North 290 West, 181.5 feet; thence South 610 West along the
Southeasterly line of Harden Street, 24 feet to the Northeast corner of the land conveyed to Arroyo Grande
Commercial Company, a corporation, by deed dated February 13, 1913 and recorded in Book 92, Page 153
of Deeds; thence South 290 East along the Easterly line of the property so conveyed, 181.5 feet to the
Northwesterly line of Branch Street; thence North 610 East along said Northwesterly line, 24 feet to the
point of beginning.
Exhibit Page - Legal (exhibit) (08-07) Page 3 of 3
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